OAR 340-105-0125: Corrective Action Cost Recovery

(1) Each permittee required by the Department to perform corrective action elements, including but not limited to: obtaining a permit pursuant to hazardous waste requirements; permit changes, revisions, substitutions, equivalency demonstrations or modifications, including agency-initiated modifications for corrective action elements; receiving regulatory oversight; or post-closure corrective action for a release, shall be subject to charges to cover Department Costs. Department Costs shall commence when the Department has notified the permittee or applicant that investigation of a release or threat of release is necessary and of the Department’s intent to recover costs. The charges to cover corrective action costs shall be the reasonable Department Costs, which are attributable to or associated with corrective action at a facility, including but not limited to the costs of administration, investigation, legal or enforcement activities, contracts and health studies. (2) Prior to beginning to assess charges, the Department shall provide to any permittee or applicant a good faith estimate of Department Costs and time frame to complete the corrective action process, based on the information available. (3) During any period in which the Department incurs costs associated with the facility’s corrective action, the Department will provide a monthly bill itemizing the Department Costs to date. (4) Upon a determination that the Department Costs are projected to exceed the original good faith cost estimate, as provided in section (2) of this rule, by 20% or by $20,000, whichever is less, the Department will notify the permittee or permit applicant. Unless waived by the party, the Department will provide a revised estimate and a written explanation of the deviation. Department Costs associated with providing a revised estimate or an explanation of a deviation from the original estimate will be charged to the permittee or applicant. (5) If, upon completion of corrective action activities, the Department has not received payment for costs incurred as described in section (1) of this rule, the permittee or applicant shall pay the remaining balance.