Or. Admin. Code § 345-022-0050 - Retirement and Financial Assurance
To issue a site certificate, the Council must find that:
(1) The site, taking into account mitigation,
can be restored adequately to a useful, non-hazardous condition following
permanent cessation of construction or operation of the facility.
(2) To assist the Council in determining
whether the standard outlined in (1) has been met, the Applicant must submit
information about site restoration, providing evidence to support a finding by
the Council as required by this rule. The applicant must include:
(a) The estimated useful life of the proposed
facility;
(b) Specific actions and
tasks to restore the site to a useful, non-hazardous condition;
(c) An estimate, in current dollars, of the
total and unit costs of restoring the site to a useful, non-hazardous
condition;
(d) A discussion and
justification of the methods and assumptions used to estimate site restoration
costs; and
(e) For facilities that
might produce site contamination by hazardous materials, a proposed monitoring
plan, such as periodic environmental site assessment and reporting, or an
explanation why a monitoring plan is unnecessary.
(3) The applicant has a reasonable likelihood
of obtaining a bond or letter of credit in a form and amount satisfactory to
the Council to restore the site to a useful, non- hazardous
condition.
(4) To assist the
Council in determining whether the standard outlined in (3) has been met, the
Applicant must submit information:
(a) about
the applicant's financial capability, providing evidence to support a finding
by the Council as required by OAR
345-022-0050(2).
Nothing in this section requires the disclosure of information or records
protected from public disclosure by any provision of state or federal law. The
applicant must include:
(A) An opinion or
opinions from legal counsel stating that, to counsel's best knowledge, the
applicant has the legal authority to construct and operate the facility without
violating its bond indenture provisions, articles of incorporation, common
stock covenants, or similar agreements;
(B) The type and amount of the applicant's
proposed bond or letter of credit to meet the requirements of OAR
345-022-0050; and
(C) Evidence that the applicant has a
reasonable likelihood of obtaining the proposed bond or letter of credit in the
amount proposed in paragraph (B), before beginning construction of the
facility.
(b) A
materials analysis, including:
(A) An
inventory of substantial quantities of industrial materials flowing into and
out of the proposed facility during construction and operation;
(B) The applicant's plans to manage hazardous
substances during construction and operation, including measures to prevent and
contain spills; and
(C) The
applicant's plans to manage non-hazardous waste materials during construction
and operation.
Notes
Statutory/Other Authority: ORS 469.470 & 469.501
Statutes/Other Implemented: ORS 469.501
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
To issue a site certificate, the Council must find that:
(1) The site, taking into account mitigation, can be restored adequately to a useful, non-hazardous condition following permanent cessation of construction or operation of the facility.
(2) The applicant has a reasonable likelihood of obtaining a bond or letter of credit in a form and amount satisfactory to the Council to restore the site to a useful, non-hazardous condition.
Notes
Stat. Auth.: ORS 469.470 & 469.501
Stats. Implemented: ORS 469.501