OAR 340-064-0135
Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Processing and Approval of Applications
(1)
An applicant shall submit a complete application for a reimbursement to the Department within 30 days of the end of the quarter in which the waste tires were used. The Department shall act on an application only if it is complete.(2)
If an application is late or incomplete, the Department shall not act on the application.(3)
The applicant may submit additional information required by the Department to complete the application. However, the Department may choose not to act on such an application until the end of the following quarter.(4)
The Department shall review a complete reimbursement application form for overall eligibility. The Department shall then determine the eligible number of pounds of rubber used.(5)
When the Department has received and reviewed pursuant to section (4) of this rule all completed applications for reimbursement for a quarter, the Department shall calculate the total dollar amount of eligible reimbursements requested at $.01 per pound of rubber used.(6)
The Department shall determine the amount of available funds in the Waste Tire Recycling Account.(7)
If the amount of eligible reimbursements requested exceeds the amount of funds available for reimbursement, the Commission shall prorate the amount of all reimbursements for eligible uses received for that quarter. The time period for reimbursement as specified by the Commission shall be a calendar quarter. The proration shall be done as follows:(a)
First, in-state users shall receive 100 percent of the eligible amount requested up to the amount of funds available. Available funds in the Waste Tire Recycling Amount shall be reduced by that amount;(b)
Remaining available funds in the Waste Tire Recycling Account shall then be prorated among all eligible out-of-state users. This proration shall be based on an equal reduction per pound of rubber used by all remaining eligible applicants;(c)
If insufficient funds are available to reimburse eligible in-state users, the Commission shall prorate the amount of available funds among the eligible in-state users and not reimburse eligible out-of-state users for waste tires used in that quarter.(8)
When the final amount of reimbursement for all applicants under subsections (7)(a), (b) and (c) of this rule has been determined, the Department shall make payment in that amount to each applicant.(9)
Both in-state and out-of-state users may reapply again in the next quarter for reimbursement for the waste tires, chips or similar materials used but not reimbursed during the previous quarter.(10)
Within 30 days of the filing of an application for advance certification, the Department shall request any additional information needed to complete the application. The application is not complete until such additional information requested by the Department has been received.(11)
If the Department determines that an application for advance certification is eligible, it shall within 60 days of receipt of a completed application issue an advance certification.(12)
The Department shall process applications for reimbursement which have “advance certification” before acting on other applications.(13)
To ensure that a use continues to be eligible for the reimbursement, the Department may review the eligibility of an approved advance certification form:(a)
Annually;(b)
After any revision of this rule; or(c)
After a finding of the Commission that a reimbursement is not necessary to promote the use of waste tires.
Source:
Rule 340-064-0135 — Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Processing and Approval of Applications, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-064-0135.