OAR 340-122-0540
Solid Waste Orphan Site Account: Funding Factors

DEQ may fund only those remedial action costs defined in ORS 465.200 (Definitions for ORS 465.200 to 465.545)(16) that are reasonable in DEQ’s judgement. DEQ shall consider at least the following factors, to the extent relevant information is available, in determining which removals or remedial actions shall receive funding from the solid waste Orphan Site Account and the amount of funding:

(1)

The site’s risk to public health and the environment, based on consideration of the factors set forth in OAR 340-122-0080 (Remedial Investigation)(2) and other available hazard ranking or risk assessment information. Each site’s risk shall be evaluated relative to the risk posed by other eligible sites.

(2)

The need for removal or remedial action at the site relative to fund availability and the need for removal or remedial activities at other sites.

(3)

The extent to which other obligations or sources of funding for the same activities exist or will be sufficient over the life of the removal or remedial activity (e.g. Chapter 459 closure financial assurance).

(4)

The nature of the activities for which funding is sought, in the following order of preference:

(a)

Direct costs for cleanup, provided that adequate technical investigation has been completed;

(b)

Direct costs of technical investigation and remedy evaluation;

(c)

Indirect costs (e.g., administration and overhead associated with the investigation or cleanup activities);

(d)

Legal costs.

(5)

The extent to which the removal or remedial action was undertaken before the effective date of these rules. For any such prior activities, DEQ may provide funding from the solid waste Orphan Site Account provided:

(a)

The activities were performed pursuant to an order or agreement under ORS 465.260 (Removal or remedial action) ensuring that all activities were protective of health and the environment;

(b)

The funding is only for amounts exceeding the amount collected, or to be repaid, by the local government unit through surcharge or equivalent funding;

(c)

The activities were performed on or after July 24, 1989 (i.e., the effective date of HB 3515); and

(d)

The activities are evaluated under and subject to the factors set forth in sections (1)–(4) of this rule.

Source: Rule 340-122-0540 — Solid Waste Orphan Site Account: Funding Factors, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-122-0540.

340‑122‑0010
Purpose 340‑122‑0030
Scope and Applicability 340‑122‑0040
Standards 340‑122‑0047
Generic Remedies 340‑122‑0050
Activities 340‑122‑0070
Removal 340‑122‑0071
Site Evaluation 340‑122‑0072
Preliminary Assessments 340‑122‑0073
Confirmation of a Release 340‑122‑0074
Development of Confirmed Release List 340‑122‑0075
Development of Inventory 340‑122‑0076
Inventory Ranking 340‑122‑0077
Initiation of Process for Delisting Facilities from the Confirmed Release List and Inventory 340‑122‑0078
Inventory Delisting — Public Notice and Participation 340‑122‑0079
Delisting — Determination by the Director 340‑122‑0080
Remedial Investigation 340‑122‑0084
Risk Assessment 340‑122‑0085
Feasibility Study 340‑122‑0090
Selection or Approval of the Remedial Action 340‑122‑0100
Public Notice and Participation 340‑122‑0110
Administrative Record 340‑122‑0115
Definitions 340‑122‑0120
Security Interest Exemption 340‑122‑0130
Involuntary Acquisition of Property by the Government 340‑122‑0140
Exemption for ORS Chapter 709 Trust Companies Acting as Fiduciaries 340‑122‑0205
Cleanup Rules for Leaking Petroleum UST Systems: Purpose 340‑122‑0210
Cleanup Rules for Leaking Petroleum UST Systems: Definitions 340‑122‑0215
Cleanup Rules for Leaking Petroleum UST Systems: Scope and Applicability 340‑122‑0217
Cleanup Rules for Leaking Petroleum UST Systems: Requirements and Remediation Options 340‑122‑0218
Cleanup Rules for Leaking Petroleum UST Systems: Sampling and Analysis 340‑122‑0220
Cleanup Rules for Leaking Petroleum UST Systems: Initial Response 340‑122‑0225
Cleanup Rules for Leaking Petroleum UST Systems: Initial Abatement Measures and Site Check 340‑122‑0230
Cleanup Rules for Leaking Petroleum UST Systems: Initial Site Characterization 340‑122‑0235
Cleanup Rules for Leaking Petroleum UST Systems: Free Product Removal 340‑122‑0240
Cleanup Rules for Leaking Petroleum UST Systems: Investigation for Magnitude and Extent of Contamination 340‑122‑0243
Cleanup Rules for Leaking Petroleum UST Systems: Low-Impact Sites 340‑122‑0244
Cleanup Rules for Leaking Petroleum UST Systems: Risk-Based Concentrations 340‑122‑0250
Cleanup Rules for Leaking Petroleum UST Systems: Corrective Action Plan 340‑122‑0252
Cleanup Rules for Leaking Petroleum UST Systems: Generic Remedies 340‑122‑0260
Cleanup Rules for Leaking Petroleum UST Systems: Public Participation 340‑122‑0320
Cleanup Rules for Leaking Petroleum UST Systems: Soil Matrix Cleanup Options 340‑122‑0325
Cleanup Rules for Leaking Petroleum UST Systems: Evaluation of Matrix Cleanup Level 340‑122‑0330
Cleanup Rules for Leaking Petroleum UST Systems: Evaluation Parameters 340‑122‑0335
Cleanup Rules for Leaking Petroleum UST Systems: Numeric Soil Cleanup Standards 340‑122‑0340
Cleanup Rules for Leaking Petroleum UST Systems: Sample Number and Location 340‑122‑0345
Cleanup Rules for Leaking Petroleum UST Systems: Sample Collection Methods 340‑122‑0355
Cleanup Rules for Leaking Petroleum UST Systems: Evaluation of Analytical Results 340‑122‑0360
Cleanup Rules for Leaking Petroleum UST Systems: Reporting Requirements 340‑122‑0510
Solid Waste Orphan Site Account: Purpose 340‑122‑0520
Solid Waste Orphan Site Account: Definitions 340‑122‑0530
Solid Waste Orphan Site Account: Eligible Sites 340‑122‑0540
Solid Waste Orphan Site Account: Funding Factors 340‑122‑0550
Solid Waste Orphan Site Account: Grants and Loans 340‑122‑0560
Solid Waste Orphan Site Account: Application Process 340‑122‑0570
Solid Waste Orphan Site Account: Funding Conditions 340‑122‑0580
Solid Waste Orphan Site Account: Application of Surcharge Proceeds 340‑122‑0590
Solid Waste Orphan Site Account: Limitations
Last Updated

Jun. 8, 2021

Rule 340-122-0540’s source at or​.us