OAR 340-064-0120
Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Application for Reimbursement
(1)
Application for reimbursement for use of waste tires shall be made on a form provided by the Department.(2)
An applicant may apply in advance for certification (“advance certification”) from the Department that his or her proposed use of waste tires shall be eligible for reimbursement:(a)
Such advance certification may be issued by the Department if the applicant proves to the Department’s satisfaction that:(A)
The use being proposed is an eligible use under OAR 340-064-0110 (Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Uses of Waste Tires Eligible for Reimbursement);(B)
The applicant is an eligible end user under OAR 340-064-0010 (Definitions)(11);(C)
The applicant will be able to document that the waste tire used were generated in Oregon; and(D)
The applicant will be able to document the number of net pounds of waste tires used.(b)
The applicant must still apply to the Department for reimbursement for waste tires actually used, and document the amount of that use, pursuant to sections (3) and (4) of this rule;(c)
Advance certification issued by the Department to an applicant shall not guarantee that the applicant shall receive any reimbursement funds. The burden of proof shall be on the applicant to document that the use for which reimbursement is requested actually took place, and corresponds to the use described in the advance certification.(3)
An applicant may apply to the Department directly for the reimbursement each quarter without applying for advance certification. The application shall be on a form provided by the Department.(4)
To apply for reimbursement for the use of waste tires an applicant shall:(a)
Apply to the Department no later than 30 days after the end of the quarter in which the waste tires were used;(b)
Unless the applicant holds an advance certification for the use of waste tires for which they are applying, prove to the Department’s satisfaction that:(A)
The use being proposed is an eligible use under OAR 340-064-0110 (Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Uses of Waste Tires Eligible for Reimbursement); and(B)
The applicant is an eligible end user under OAR 340-064-0010 (Definitions)(11) and 340-064-0115 (Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Who May Apply for a Reimbursement).(c)
Provide documentation acceptable to the Department, such as bills of lading, that the tires, chips or similar materials used were from waste tires generated in Oregon;(d)
Provide documentation acceptable to the Department of the net amount of pounds of waste tires used (including embedded energy from waste tires) in the quantity of product sold, purchased or used. Examples of acceptable documentation are:(A)
For tire-derived fuel: receipts showing tons of tire-derived fuel purchased;(B)
For incineration of whole tires producing process heat, steam or electricity: Records showing net tons of rubber burned;(C)
For pyrolysis plants producing electricity or process heat or steam: Billings showing sales of kilowatt hours or tons of steam produced by the tire pyrolysis, calculations certified by a professional engineer showing how many net pounds of tires were required to generate that amount of energy, receipts or bills of lading for the number of waste tires actually used to produce the energy, and gross pounds of rubber from waste tires fed into the processing machine;(D)
For pyrolysis technologies producing combustible hydrocarbons and other salable products: Billings to customers showing amounts of pyrolysis-derived products sold (gallons, pounds, etc.) with calculations certified by a professional engineer showing the number of net pounds of waste tires, including embedded energy, used to produce those products; and gross pounds of rubber from waste tires fed into the processing machine;(E)
For end users of tire strips, chunks, rubber chips, crumbs and the like in the manufacture of another product: Billings to purchasers for the product sold, showing net pounds of rubber used to manufacture the amount of product sold;(F)
For end users of tire chips in rubberized asphalt, or as road bed material and the like: billings or receipts showing the net pounds of rubber used;(G)
For end users of whole tires: Documentation of the weight of the tires used, exclusive of any added material such as ballast or ties.(e)
Submit a notarized affidavit warranting that the information provided in claiming the reimbursement is true and correct to the best of the applicant’s knowledge.(5)
The Department may require any other information necessary to determine whether the proposed use is in accordance with Department statutes and rules.(6)
An applicant for a reimbursement for use of waste tires, and the person supplying the waste tires, tire chips or similar materials to the applicant, for which the reimbursement is requested, are subject to audit by the Department (or Secretary of State) and shall allow the Department access to all records during normal business hours for the purpose of determining compliance with this rule.(7)
In order to apply for a reimbursement, an applicant must have used an equivalent of at least 10,000 pounds of waste tires or 500 passenger tires after the effective date of this rule. Waste tires may be used in more than one quarter to reach this threshold amount.(8)
In addition to any other penalty imposed by law, any person who knowingly or intentionally provides false information to the Department in claiming a reimbursement shall be ineligible to receive any reimbursement under OAR 340-064-0100 (Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Reimbursement for Use of Waste Tires) through 340-064-0135 (Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Processing and Approval of Applications).
Source:
Rule 340-064-0120 — Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Application for Reimbursement, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-064-0120.