OAR 340-064-0150
Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Use of Waste Tire Site Cleanup Funds
(1)
The Department may use cleanup funds in the Waste Tire Recycling Account, subject to the priorities set in OAR 340-064-0090 (Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Policy on Use of Waste Tire Recycling Account Funds), to:(a)
Pay to remove or process waste tires from a permitted waste tire storage site, if the Commission or director finds that such use is appropriate pursuant to ORS 459.780 (Tire removal or processing plan)(2) and OAR 340-064-0160 (Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Procedure for Use of Cleanup Funds for a Permitted Waste Tire Storage Site);(b)
Pay to remove or process waste tires or waste tire materials from a site pursuant to a signed negotiated settlement entered into by the Department and the applicable persons, pursuant to OAR 340-064-0155 (Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Criteria for Use of Funds to Clean Up Permitted Waste Tire Sites or Conclude Negotiated Settlements for Cleanups);(c)
Pay for abating a danger or nuisance created by waste tires or other waste tire materials, subject to cost recovery by the Attorney General pursuant to OAR 340-064-0165 (Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Use of Cleanup Funds for Abatement by the Department);(d)
Partially reimburse a local, state or federal government unit for the cost it incurred in abating a waste tire danger or nuisance. The Department may reimburse from 90 to 99 percent of the cleanup cost based on the degree of environmental risk posed by the site, as determined by OAR 340-064-0155 (Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Criteria for Use of Funds to Clean Up Permitted Waste Tire Sites or Conclude Negotiated Settlements for Cleanups);(e)
Cleanup funds may also be used under this rule to pay for removal of tires exempt by definition from Department regulation, if such tires are comingled with other waste tires.(2)
The Commission authorizes the Director to make a finding of whether use of cleanup funds is appropriate to assist a permittee, pursuant to ORS 459.780 (Tire removal or processing plan)(2), provided that the Director’s finding is based on criteria in this rule, OAR 340-064-0155 (Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Criteria for Use of Funds to Clean Up Permitted Waste Tire Sites or Conclude Negotiated Settlements for Cleanups) and 340-064-0160 (Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Procedure for Use of Cleanup Funds for a Permitted Waste Tire Storage Site).(3)
Priority in use of cleanup funds shall go to sites ranking higher than other potentially eligible sites in criteria making them an environmental risk, pursuant to OAR 340-064-0155 (Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Criteria for Use of Funds to Clean Up Permitted Waste Tire Sites or Conclude Negotiated Settlements for Cleanups).(4)
For the Department to reimbursement a local, state or federal government unit for waste tire danger or nuisance abatement, the following must happen:(a)
The Department must determine that the site ranks high in priority criteria among remaining waste tire piles for use of cleanup funds, OAR 340-064-0155 (Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Criteria for Use of Funds to Clean Up Permitted Waste Tire Sites or Conclude Negotiated Settlements for Cleanups);(b)
The local, state or federal government unit and the Department must have an agreement on how the waste tires shall be properly disposed of;(c)
The agreement may require the local, state or federal government unit to assist the Department with recovery of costs from the responsible party if the cost of the abatement is $50,000 or more, or if the local, state or federal government unit wishes to pursue cost recovery from an abatement regardless of the cost.(5)
The Department may condition use of Waste Tire Recycling Account funds on use of a contractor who has a performance record free of significant violations of waste tire storage and carrier rules and statutes for the three years prior to a subject cleanup.
Source:
Rule 340-064-0150 — Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Use of Waste Tire Site Cleanup Funds, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-064-0150.