Oregon Administrative Code

340-174-0080 Insurance Cancellation and Termination (1) The insurance copayment benefits will terminate: (a) Upon termination of insurance coverage; or (b) When the applicant sells or otherwise transfers interest in the facility. (2) An insurer receiving copayment shall notify th…

340-174-0090 Appeal Procedures An applicant may appeal determinations by the Department under these rules, in accordance with OAR 340-172-0110, by sending a written request for a formal contested case hearing within 20 days after the Department awards or denies financial assistan…

340-175-0005 Authority, Purpose, and Scope (1) These rules are promulgated in accordance with and under the authority of ORS 466.706 to 466.835 as amended by Chapter 863, Oregon Laws, 1991 (Senate Bill 1215). These rules are in addition to OAR 340, division 172. (2) The purpose a…

340-175-0010 Definitions (1) The definitions in OAR 340-172-0010 and the following definition apply to these rules. (2) “Disbursing Agent” means lender or other person designated by the Department to disburse grant funds. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995…

340-175-0020 Grant Benefits (1) A pollution prevention grant will fund up to 50 percent not to exceed $50,000 of UST project work. (2) An essential services grant will fund up to 75 percent not to exceed $75,000 of UST project work. Statutory/Other Authority: OL 1993 & Ch. 661 St…

340-175-0030 General Provisions, Grants (1) A person qualifying for Tier 3 UST financial assistance under OAR 340, division 172 and these rules may qualify for a pollution prevention grant to assist in payment for UST project work. (2) A person qualifying for Tier 4 UST financial…

340-175-0040 Application for Grant Any person wishing to apply for a grant under these rules shall submit a written application in accordance with OAR 340, division 172. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863 & Sec.…

340-175-0050 Additional Information Required on the Financial Assistance Application In addition to the requirements of OAR 340-172-0040, the financial assistance application shall include: (1) Where the UST project work is partially or fully completed: (a) A description of the c…

340-175-0055 Documents Required to Receive an Essential Services Grant (1) Where a property owner receives an essential services grant under OAR 340-175-0030(2) the property owner must sign a property lien agreement, described by sections (2) and (3) of this rule. Where an applic…

340-175-0060 Grant Certificate (1) The Department shall issue a grant certificate to an applicant who has filed a complete application and meets the requirements of OAR 340, division 172 and these rules. (2) Only one grant certificate shall be issued for each facility location. A…

340-175-0065 Grant Confirmation The Department shall issue a grant confirmation letter to the applicant where a grant certificate has been issued and the UST project work remains eligible for financial assistance. The grant confirmation letter shall include but be limited to the …

340-175-0070 Grant Payment (1) Subject to the conditions listed on the grant confirmation letter, these rules and the availability of funds from the USTCCA fund, payment of funds will be made to: (a) The applicant directly where the UST project work is complete, meets the require…

340-175-0080 Certification of Financial Responsibility The applicant receiving a grant under these rules shall comply with the financial responsibility requirements of OAR 340, division 174. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL…

340-175-0110 Appeal Procedures An applicant may appeal determinations by the Department under these rules, in accordance with OAR 340-172-0110, by sending a written request for a formal contested case hearing within 20 days after the Department awards or denies financial assistan…

340-176-0005 Authority, Purpose, and Scope (1) These rules are promulgated in accordance with and under the authority of ORS 466.706 through 466.835 as amended by Chapter 863, Oregon Laws, 1991 (Senate Bill 1215). These rules are in addition to OAR 340, division 172. (2) The purp…

340-176-0010 Definitions (1) The definitions in OAR 340-172-0010 and the following definition apply to these rules. (2) “Collection Expenses” means out of pocket expenses, attorney fees, administrative expenses, filing fees, recording fees, and other expenses related to collectio…

340-176-0030 General Provisions, Guaranteed Underground Storage Tank Facility Loan (1) The guaranteed loan must be issued by a commercial lending institution as defined in OAR 340, division 172. (2) Grant funds, described in OAR 340, division 175, may not be used to pay either th…

340-176-0040 Application for Underground Storage Tank Loan Guarantee Any person wishing to apply for a loan guarantee under these rules shall submit a written application in accordance with OAR 340, division 172. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes…

340-176-0060 Loan Guarantee Certificate (1) In accordance with this part, the Department shall issue a loan guarantee certificate to an applicant who has filed a complete application and meets the requirements of OAR 340, division 172 and this Division. (2) Only one loan guarante…

340-176-0070 Loan Guarantee (1) The Department shall issue a loan guarantee confirmation letter of 80 percent of the loan principal, not to exceed $80,000, to a commercial lending institution for a loan to provide UST project work where: (a) A loan guarantee certificate has been …

340-176-0080 Notice of Default on a Guaranteed Loan (1) Any commercial lending institution wishing to obtain payment from the Department under the Department’s loan guarantee shall provide the following: (a) Written notice from the commercial lending institution in the form of a …

340-176-0090 Appeal Procedures An applicant may appeal determinations by the Department under these rules, in accordance with OAR 340-172-0110, by sending a written request for a formal contested case hearing within 20 days after the Department awards or denies financial assistan…

340-177-0001 Purpose and Scope This Division specifies requirements for the cleanup of releases of petroleum from underground heating oil tanks, technical standards for the voluntary decommissioning of underground heating oil tanks, and requirements for submittal of technical rep…

340-177-0005 Definitions As used in this Division, the following definitions apply: (1) “Above-Ground Release” means any release to the land surface or to surface water from the above-ground portion of a residential heating oil tank system and releases associated with overfills a…

340-177-0025 Decommissioning Standards and Reporting Requirements (1) Any responsible person for property where a heating oil tank is located who voluntarily decommissions the tank, or a licensed service provider contracted to perform the work, must conduct the work in accordance…

340-177-0055 Cleanup and Reporting Requirements (1) Within 72 hours after a confirmed release of petroleum from an underground heating oil tank is identified, the licensed service provider or supervisor must report the release to the Department by telephone or in writing, in acco…

340-177-0065 Cleanup Options and Technical Requirements (1) Depending on the extent of contamination and other relevant factors, the responsible person must determine which type of cleanup option is best suited for the release, using the following: (a) Soil Matrix, OAR 340-122-03…

340-177-0095 Certified Reports (1) The tank owner, or service provider on the owner's behalf, must submit certified project reports and receive the department’s approval for heating oil tank services performed at underground heating oil tank sites. This applies to the following p…

340-178-0005 Authority, Purpose, and Scope (1) These rules are promulgated in accordance with and under the authority of ORS 466.706 through 466.835 as amended by Chapter 863, Oregon Laws, 1991 (Senate Bill 1215). These rules are in addition to OAR 340, division 172. (2) The purp…

340-178-0010 Definitions The definitions in OAR 340-172-0010 apply to these rules. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: ORS 466.706, OL 1989, Ch. 1071 & OL 1991 & Ch. 863 History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Te…

340-178-0020 Reduced Interest Rate Benefits (1) Any person qualifying for Tier 1, 2, 3, or 4 UST financial assistance under OAR 340, division 172 will qualify for a reduced interest rate where the person receives a loan for UST project work from a commercial lending institution. …

340-178-0030 General Provisions, Interest Rate Payment (1) Commercial lending institutions making loans for UST project work may qualify to receive an interest rate payment from the USTCCA Fund. (2) The interest rate payment shall be paid to the lender quarterly in arrears, and s…

340-178-0040 Application for Reduced Interest Rate Certificate Any person wishing to obtain a Reduced Interest Rate Certificate for a loan for UST project work shall submit a written application in accordance with OAR 340, division 172 and these rules. Statutory/Other Authority: …

340-178-0050 Reduced Interest Rate Certificate (1) In accordance with this division, the Department shall issue a reduced interest rate certificate to an applicant who has filed a complete application and meets the requirements of OAR 340, division 172 and this division. (2) Fund…

340-178-0060 Interest Rate Payment Confirmation The Department shall issue an interest rate payment confirmation letter to a lender where the lender has provided a loan to provide UST project work where: (1) A reduced interest rate certificate has been issued to the loan applican…

340-178-0070 Notice of Default or Termination Any commercial lending institution administering a reduced interest rate loan under this Division shall notify the Department in writing within 30 days after loan default or termination. Statutory/Other Authority: ORS 466.706 - 466.89…

340-178-0080 Appeal Procedures An applicant may appeal determinations by the Department under these rules, in accordance with OAR 340-172-0110, by sending a written request for a formal contested case hearing within 20 days after the Department issues a reduced interest rate cert…

340-180-0005 Authority, Purpose, and Scope (1) These rules are promulgated in accordance with and under the authority of ORS 466.706 through 466.835 and 466.895 through 466.995 as amended by Chapter 1071, Oregon Laws, 1989 (House Bill 3080) and Chapter 863, Oregon Laws, 1991 (Sen…

340-180-0010 Definitions As used in these rules: (1) “Collection Expenses” means out of pocket expenses, attorney fees, administrative expenses, filing fees, recording fees, and other expenses. (2) “Commercial Lending Institution” means any bank, mortgage banking company, trust c…

340-180-0020 Distribution Priority of Funds for Loan Guarantee Expenses (1) A portion of the funds in the Underground Storage Tank Compliance and Corrective Action Fund during each individual month shall be assigned by the Department to pay for the expenses of providing loan guar…

340-180-0030 General Provisions Guaranteed Underground Storage Tank Facility Loan (1) Property owners, tank owners, and permittees of a UST facility that contains motor fuel may qualify to receive a guaranteed loan for soil remediation, UST upgrading, and UST replacement. (2) The…

340-180-0040 Application for Underground Storage Tank Loan Guarantee Certificate (1) Any person wishing to apply for a loan guarantee certificate for an underground storage tank loan shall submit a written application on a form provided by the Department. Applications shall be su…

340-180-0050 Information Required on the UST Loan Guarantee Certificate Application (1) The underground storage tank loan guarantee certificate application shall include: (a) Name, mailing address and telephone number of the applicant; (b) Name, mailing address and telephone numb…

340-180-0060 Loan Guarantee Certificate (1) In accordance with this part, the Department shall issue a loan guarantee certificate to an applicant who has filed a complete application. (2) At the beginning of each month the Department shall determine the portion of the funds in th…

340-180-0070 Loan Guarantee (1) The Department shall issue a loan guarantee, not to exceed the lesser of 80 percent of the loan principal or $64,000, to a commercial lending institution for a loan to provide soil remediation, UST upgrading, and replacement of USTs at a facility c…

340-180-0080 Notice of Default on a Guaranteed Loan (1) Any commercial leading institution wishing to obtain payment from the Department under the Department’s loan guarantee shall provide the following: (a) Written notice from the commercial lending institution in the form of a …

340-180-0090 General Provisions, Interest Rate Subsidy and Tax Credit Certificate (1) Commercial lending institutions making loans for soil remediation, UST upgrading, and replacement of UST systems containing motor fuel may qualify to receive an Oregon income tax credit. (2) The…

340-180-0100 Application for Tax Credit Certificate (1) Any person wishing to obtain a Tax Credit Certificate for an interest rate subsidy on a loan for soil remediation, UST upgrading, and replacement of UST systems containing motor fuel shall submit a written application on a f…

340-180-0110 Tax Credit Certificate (1) In accordance with this part, the Department shall issue a tax credit certificate to an applicant who has filed a complete application. (2) Funds collected and deposited into the Underground Storage Tank Compliance and Corrective Action Fun…

340-180-0120 Notice of Compliance for Soil Remediation (1) A person wishing to obtain a written notice of compliance for soil remediation shall submit a written application on a form provided by the Department. The application shall include: (a) The name and mailing address of th…