OAR 340-172-0130
Enforcement and Termination of Financial Assistance
(1)
The Department may terminate financial assistance and require repayment of any financial assistance by any person receiving financial assistance under these rules if the person:(a)
Fraudulently obtains or attempts to obtain financial assistance;(b)
Knowingly fails to report any release of a regulated substance at the UST facility as required by OAR 340-122-0220 (Cleanup Rules for Leaking Petroleum UST Systems: Initial Response) if the release occurred before or after filing an application under these rules;(c)
Is ordered by the Department to comply with the requirements of chapter 340, divisions 172, 174, 175, 176 and 178 and applicable underground storage tank regulations in OAR 340, divisions 122, 150, 160, and 162; or(d)
A civil penalty is assessed by the Director.(2)
A written determination to terminate financial assistance shall be made by the Department for each affected facility and shall identify the facility, the UST project work, the financial assistance benefits, the persons responsible for repayment of the financial assistance, and the schedule for repayment of the financial assistance monies to the Department. Repayment shall be required for all monies expended for financial assistance under these rules including fees paid by the Department directly related to financial assistance at this facility.(3)
Any person applying for assistance or receiving financial assistance under there rules is subject to the enforcement requirements of ORS 466.895 and 466.995 (Criminal penalties) and OAR 340, division 12.(4)
Any person subject to enforcement under this section may appeal the enforcement action in accordance with OAR 340-172-0110 (Appeal Procedures) and OAR 340, division 11.
Source:
Rule 340-172-0130 — Enforcement and Termination of Financial Assistance, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-172-0130.