OAR 340-122-0570: Solid Waste Orphan Site Account: Funding Conditions

(1) For grants under OAR 340-122-0550(1), the local government unit and DEQ shall enter a grant agreement, including provisions regarding: (a) Specification of removal or remedial activities and DEQ oversight pursuant to an ORS 465.260 order or agreement; (b) Calculation, collection, and use of local government units’ surcharge or equivalent funding obligations under ORS 459.236(4); (c) Necessary cost documentation, accounting, and auditing procedures; and (d) Where applicable, recovery of remedial action costs from responsible parties. (2) For loans under OAR 340-122-0550(2), the local government unit and DEQ shall enter a loan agreement, including provisions regarding: (a) The same items set forth in subsections (1)(a), (c) and (d) of this rule; (b) Calculation, collection, and use of local government units’ surcharge or equivalent funding obligations under ORS 459.236(5); and (c) A repayment plan for the amount of solid waste Orphan Site Account monies provided, plus payment of interest, but excluding the first $100,000 spent by the local government on removal or remedial activities.