Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 17 - PLASTICS RECYCLING TAX CREDITS
Section 340-017-0020 - Procedures For Receiving Preliminary Tax Credit Certification
Universal Citation: OR Admin Rules 340-017-0020
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Filing of Application:
(a) Any person proposing to
apply for final certification of an investment made in Oregon to collect,
transport or process reclaimed plastic or to manufacture a reclaimed plastic
product pursuant toORS 468.461 shall file an application for preliminary
certification with the Department of Environmental Quality. The application
shall be made on a form provided by the Department. The preliminary certificate
need not be issued prior to construction for compliance with this
requirement;
(b) The investment
must not be made until 30 days after an application is received by the
Department unless the Department reviews the application and notifies the
applicant that the application is complete. If the investment is made within 30
days after submitting the application and the Department has not notified the
applicant that the application is complete, the application will be rejected by
the Department;
(c) The Commission
may waive the filing of the preliminary application if it finds the filing
inappropriate because special circumstances render the filing unreasonable and
if it finds such investment would otherwise qualify for tax credit
certification pursuant to ORS 468.451 to 468.491;
(d) Within 30 days of the receipt of an
application for preliminary certification, the Department shall request any
additional information that applicant needs to submit in order for the
application to be considered complete. The Department may require any other
information necessary to determine whether the proposed investment is in
accordance with Department statutes, rules and standards;
(e) The application shall not be considered
complete until the Department receives the information requested and notifies
the applicant in writing that the application is complete and ready for
processing. However, if the Department does not make a timely request pursuant
to subsection (1)(d) of this rule, the application shall be deemed complete 30
days after receipt of the application.
(2) Approval of Preliminary Certification:
(a) If the Department determines that the
proposed investment is eligible, it shall within 60 days of receipt of a
completed application issue a preliminary certificate approving the investment.
The preliminary certificate does not include a determination of the full extent
to which a facility is eligible for tax credit;
(b) If within 60 days of the receipt of a
completed application, the Department fails to issue a preliminary certificate
of approval and the Commission fails to issue an order denying certification,
the preliminary certificate shall be considered to have been issued;
(c) Issuance of a preliminary tax credit
certification does not guarantee final tax credit certification.
(3) Denial of Preliminary Certification:
(a) If the Department
determines that the investment does not comply with the Department statutes,
rules and standards, the Commission shall issue an order denying certification
within 60 days of receipt of a completed application;
(b) Notice of the Department's recommended
action to deny an application shall be mailed to the applicant at least seven
calendar days before the Commission meeting where the application will be
considered unless the applicant waives the notice requirement in
writing.
(4) Appeal: Within 20 days from the date of mailing of the order, the applicant may demand a hearing. The demand shall be in writing, shall state the grounds for hearing and shall be mailed to the Director of the Department. The hearing shall be conducted in accordance with the applicable provisions ofORS 183.310 to 183.550.
Stat. Auth.:ORS 468.150
Stats. Implemented:ORS 468.150 -ORS 468.190
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