OAR 123-130-0030: Applicant Eligibility

(1) Any private person not currently liable under ORS 465.255 for an existing release of hazardous substances at a site is eligible to make application to the Department for assistance from the Fund. (2) Eligibility under OAR 123-130-0030 shall also be determined based on the status of compliance with enforcement actions against the applicant by a government agency. If the applicant is not the owner and the site is owned by a person that is liable under ORS 465.255, the application will not be accepted unless the applicant provides documentation adequately demonstrating how the funded activities will facilitate a transfer in ownership of the site to a person not liable under ORS 465.255 or will be managed by an eligible operator. (3) An applicant that makes false or willful misrepresentations regarding applicant eligibility on a Fund application may be subject to the remedies described in OAR 123-130-0080. (4) Applicant must have the authority and ability to execute a financing contract with the Department.