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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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OREGON BUSINESS DEVELOPMENT DEPARTMENT

 

DIVISION 140

OREGON COALITION BROWNFIELDS CLEANUP FUND

123-140-0010

Purpose, Scope, and Incorporated Documents

(1) As provided in Oregon Revised Statutes (ORS) 285A.190, the Oregon Business Development Department shall administer the federally funded revolving fund to provide cleanup financing to eligible publicly and privately owned brownfields as authorized by the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, by the Small Business Liability Relief and Brownfields Revitalization Act of 2001 (P.L 107-118).

(2) Oregon Coalition Brownfields Cleanup Fund Program is funded through a cooperative agreement (BF-97080301, and as amended from time to time) between the U.S. Environmental Protection Agency and Department and includes any program income generated as a result of Department loans to Recipients as provided for in ORS 285A.192. The primary objectives of the Program are to:

(a) Remove or abate environmental health risks at sites not yet addressed by the private market;

(b) Provide resource assistance to rural, distressed, or affected communities allowing them to build quality, livable communities and neighborhoods; and

(c) Employ a problem-solving philosophy of coordination through state and local partnerships.

Stat. Auth.: ORS 285A.190, 285A.192 & 285A.075
Stats. Implemented: ORS 285A.190
Hist.: EDD 9-2006, f. 10-30-06, cert. ef. 10-31-06; OBDD 8-2010, f. 3-30-10, cert. ef. 4-1-10; OBDD 19-2010(Temp), f. & cert. ef. 5-21-10 thru 11-17-10; OBDD 39-2010, f. 10-29-10, cert. ef. 11-1-10

123-140-0020

Definitions

For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. For purposes of this division of administrative rules, unless the context demands otherwise:

(1) "Applicant" means any public or private entity that is eligible under OAR 123, division 140 to receive an OBCF loan or grant and that has control over or access to a brownfields site, except those entities that may potentially be liable under CERCLA, or are currently suspended or debarred from receiving federal funding, or are otherwise declared ineligible.

(2) "Brownfields" means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.

(3) "CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act (42 United States Code 9601) as amended by the Small Business Liability Relief and Brownfields Revitalization Act (P.L. 107-118), and any subsequent amendments.

(4) "Fund" means the Oregon Coalition Brownfields Cleanup Fund.

(5) "Non-profit Organization" means as defined at Section 4(6) of the Federal Financial Assistance Management Improvement Act of 1999 except those non-profit organizations described in Section 501(c)(4) of the Internal Revenue Code that engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act of 1995.

(6) "Program" means the Oregon Coalition Brownfields Cleanup Fund Program

(7) "Project" means under this division those remedial ad/or removal action activities identified in the Contract for which the Recipient may expend, obligate or commit funds to address cleanup of a brownfields.

(8) "Recipient" means an Applicant that has been awarded an OBCF grant or loan for a Project.

(9) "Remedial and/or Removal Actions" means those eligible cost activities listed in the Program Guidelines and Application Handbook.

(10) "Site" means the parcel or parcels of real property on which the funded activities will be performed;

(11) "USEPA" means the Environmental Protection Agency of the United States federal government.

Stat. Auth.: ORS 285A.190 & 285A.192, 285A.075
Stats. Implemented: ORS 285A.190
Hist.: EDD 9-2006, f. 10-30-06, cert. ef. 10-31-06; OBDD 8-2010, f. 3-30-10, cert. ef. 4-1-10; OBDD 19-2010(Temp), f. & cert. ef. 5-21-10 thru 11-17-10; OBDD 39-2010, f. 10-29-10, cert. ef. 11-1-10

123-140-0030

Eligible Applicants and Activities

(1) Eligible loan applicants are any public, private, or Non-Profit organization with control over or access to a brownfields site, except those entities which are potentially liable under CERCLA, or which are currently suspended, debarred from receiving federal funding, or are otherwise declared ineligible.

(2) Eligible grant applicants are any public or Non-Profit organization that owns a brownfields at the time the grant is awarded, except those entities which are potentially liable under CERCLA, which are currently suspended, debarred from receiving federal funding, or are otherwise declared ineligible.

(3) Eligible and ineligible activities are defined in CERCLA and in USEPA's Revolving Loan Fund Administrative Manual (October 2004), as well as subsequent revisions or editions of such guidelines.

Stat. Auth.: ORS 285A.190 & 285A.192, 285A.075
Stats. Implemented: ORS 285A.190
Hist.: EDD 9-2006, f. 10-30-06, cert. ef. 10-31-06; OBDD 8-2010, f. 3-30-10, cert. ef. 4-1-10; OBDD 19-2010(Temp), f. & cert. ef. 5-21-10 thru 11-17-10; OBDD 39-2010, f. 10-29-10, cert. ef. 11-1-10

123-140-0040

Program Information

(1) The Department shall prepare program guidelines, application forms and other supplemental program information to help eligible Applicants seek financing and prepare loan and/or grant applications for the Fund.

(2) Program guidelines as prepared under section (1) of this rule shall include, but not be limited to, an explanation of project eligibility, applicant eligibility, types of financial assistance, loan rates and terms, borrowing guidelines, public notification process, procurement requirements, contract administration, federal crosscutting requirements and environmental review process.

(3) In addition to this division of administrative rules, the Department shall administer the Fund in compliance with the requirements of CERCLA, as amended, and CERCLA's applicable rules, guidelines and requirements from USEPA.

(4) For purposes of land use coordination, any Project activity paid for with Program funds that affects land use shall comply with the applicable requirements of OAR chapter 123, division 8 and OAR chapter 660.

Stat. Auth.: ORS 285A.190 & 285A.192, Other 285A.075
Stats. Implemented: ORS 285A.190
Hist.: EDD 9-2006, f. 10-30-06, cert. ef. 10-31-06

123-140-0050

Program Rights and Remedies

(1) The Department may exercise certain rights and remedies in the event the Recipient fails to comply with Contract provisions and, if allowed under the Contract, the Recipient fails to correct the deficiency within a reasonable time after the Recipient is notified of the deficiency. The circumstances that may warrant the Department's exercise of rights or remedies include, but are not limited to the following:

(a) None of the Project activities have begun within nine months after an OBCF award;

(b) Any third party agreement relating to the Project is not legally binding within six months of the OBCF award;

(c) Federal or State statutory or regulatory requirements have not been met;

(d) There is a significant deviation from the Contract;

(e) The Department finds that significant corrective actions are necessary to protect the integrity of the Project funds and those corrective actions are not, or will not, be made within a reasonable time; or

(f) A Recipient defaults on loan payments, which may otherwise be made from any source of revenue at the Recipient's disposal, including but not limited to General Fund revenues if the Recipient is a public entity borrower.

(2) The Department may exercise one or more of the following rights and remedies if the Recipient fails to comply with Contract provisions and the Recipient fails to correct the deficiency within a reasonable time after Recipient is notified of the deficiency:

(a) Bar a Recipient from applying for or receiving future Department assistance;

(b) Revoke an existing Department award;

(c) Withhold unexpended Department funds;

(d) Require immediate return of unexpended Department funds;

(e) Require repayment of expended Department funds;

(f) Withhold other state funds otherwise due to the Recipient, such as state-shared revenues; or,

(g) Other remedies that may be incorporated into the Contract.

(3) The remedies set forth in this rule are cumulative, are not exclusive, and are in addition to any other rights and remedies provided by law or under the Contract.

(4) The Recipient shall be responsible for ensuring that any subcontractor complies with the applicable terms and conditions of the Contract. Nothing in this rule shall restrict the Department's right to enforce independently the terms of any contract or to recover any sums that may become due as a result of a breach of such Contract.

Stat. Auth.: ORS 285A.190, 285A.192 & 285A.075
Stats. Implemented: ORS 285A.190
Hist.: EDD 9-2006, f. 10-30-06, cert. ef. 10-31-06; OBDD 8-2010, f. 3-30-10, cert. ef. 4-1-10

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