OAR 123-135-0030
Applicant Eligibility
(1)
Any person, non-profit, or municipality is eligible to make application to the Department for assistance from the Fund as long as they are not subject to exclusion by ORS 285A.188 (Brownfields Redevelopment Fund)(3)(a).(2)
Eligibility under OAR 123-135-0030 (Applicant Eligibility) shall also be determined based on the status of compliance with enforcement actions against the applicant by the Oregon Department of Environmental Quality.(3)
If the applicant is not the land owner and the site is owned by a person that is excluded by OAR 123-135-0030 (Applicant Eligibility)(1), 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 subject to the exclusion.(4)
An applicant who is a responsible party for a release of a hazardous substance or is liable for the cost of cleanup at the project site according to ORS 465.255 (Strict liability for remedial action costs for injury or destruction of natural resource), must provide some form of contribution to the project to be eligible.(5)
An applicant that makes willful misrepresentations regarding applicant eligibility on a Fund application may be subject to the remedies described in OAR 123-135-0090 (Remedies).(6)
Applicant must have the authority and ability to enter into a contract with the Department.
Source:
Rule 123-135-0030 — Applicant Eligibility, https://secure.sos.state.or.us/oard/view.action?ruleNumber=123-135-0030.