Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES
Section 340-122-0590 - Limitations

(1) Funding from the solid waste Orphan Site Account under these rules does not substitute for existing obligations, including solid waste disposal site financial assurance requirements of ORS Chapter 459.

(2) DEQ may apply the factors set forth in OAR 340-122-0540 to use solid waste Orphan Site funds for interim removal actions instead of final remedial actions. DEQ is not obligated to use solid waste Orphan Site Account funds to undertake final remedial action or to pay with solid waste Orphan Site Account monies all remedial action costs exceeding surcharge or equivalent funding.

(3) These rules do not provide an exemption or defense to liability to third parties or to a DEQ enforcement or cost recovery action should a local government unit refuse to undertake necessary remedial activities or fail to apply surcharge or equivalent funding as required by a loan or grant agreement with DEQ.

(4) These rules do not preclude multiple local government units or potentially responsible parties from agreeing to apportion responsibility for remedial action costs, which apportionment may be reflected in the amount of solid waste Orphan Site Account funding requested.

(5) These rules do not prevent DEQ from undertaking or requiring emergency removal or remedial activities as necessary to protect public health, safety, and welfare or the environment.

(6) These rules do not require DEQ to spend all available solid waste Orphan Site Account funds during any given funding cycle. DEQ may, for example, retain a portion of funds to be used as a reserve for potential emergency actions or for future use at a prospective higher priority site.