Oregon Administrative Rules
Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT
Division 130 - BROWNFIELDS PROPERTIES REVITALIZATION FUND
Section 123-130-0030 - Applicant Eligibility
Current through Register Vol. 63, No. 12, December 1, 2024
(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.
Statutory/Other Authority: ORS 285A.075 & ORS 285A.193 - 285A.198
Statutes/Other Implemented: ORS 465.255 & ORS 285A.193 - 285A.198