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
(1)
The Department may recommend to the Commission or the director may find that cleanup funds should be made available to pay for cleanup of a permitted waste tire storage site, if all of the following are met:(a)
The site ranks relatively high in the criteria making it 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);(b)
The permittee submits to the Department a compliance plan to remove or process the waste tires. The plan shall include:(A)
A detailed description of the permittee’s proposed actions, including how the waste tires will be processed or recycled;(B)
A time schedule for the removal and or processing, including interim dates by when part of the tires will be removed or processed;(C)
An estimate of the net cost of removing or processing the waste tires using the most cost-effective alternative. This estimate must be documented;(D)
Three bids competitively obtained from responsible contractors. The plan shall also show that the permittee selected the lowest responsible contractor. The contractor shall either be a waste tire carrier permitted by the Department, or be capable of processing the waste tires on site, or otherwise demonstrate why no such permit is required for the cleanup.(c)
The plan receives approval from the Department.(2)
As an alternative to subsections (1)(b) and (c) of this rule, the Department may obtain competitive bids to have the waste tires removed or processed. In such case the permittee shall be responsible for paying its share of the costs as determined by the criteria in 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) to the Department after the waste tires have been removed.(3)
If the Commission or the director finds that use of cleanup funds is appropriate, the Department shall agree to pay Department-approved costs in an amount determined by the criteria in 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) incurred by the permittee to remove or process the waste tires. Final payment shall be withheld until the Department’s final inspection and confirmation that the tires have been removed or processed pursuant to the compliance plan and until the Department receives written documentation satisfactory to the Department that the permittee’s share of the costs have been paid.
Source:
Rule 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, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-064-0160.