(1)Subject to the conditions listed on the grant confirmation letter, these rules and the availability of funds from the USTCCA fund, payment of funds will be made to:
(a)The applicant directly where the UST project work is complete, meets the requirements of OAR 340, divisions 122 and 150 and was started after December 22, 1988 and completed before October 1, 1991 and provides proof of expenditures for UST project work. Proof may be in the form of copies of paid invoices, cancelled checks, or certification of eligible UST project costs by a licensed public accountant;
(b)The applicant or indirectly to the applicant through a lender or other authorized disbursing agent where the UST project work is started after December 22, 1988 and the applicant receives a grant, loan guarantee, and/or a reduced interest rate confirmation letter under OAR 340, division 175, 176 or 178.
(2)A grant shall be disbursed in accordance with instructions provided by the Department, as follows:
(a)Up to $15,000 of the grant may be used for UST project work to discover and correct petroleum contamination including tank removal, site assessment, corrective action, and other UST project work;
(b)Up to 90 percent of the grant may be disbursed for UST project work after the applicant provides to the Department proof that at least $10,000 of the funds disbursed under subsection (a) of this section have been spent to remove existing tanks, conduct site assessment, perform corrective action and complete other UST project work. Proof may be in the form of copies of paid invoices, cancelled checks, or certification of UST project costs by a licensed public accountant, lender or disbursing agent;
(c)Final grant payment will be made upon submission of final project costs supported by copies of paid invoices, cancelled checks or certification of final project cost and calculation of the final grant amount by a licensed public accountant, lender or disbursing agent.
(3)The Department may require use of a disbursing agent to pay UST project costs, including but not limited to disbursing from an escrow account or other similar disbursement means.
(4)The Department may pay grant funds directly to persons providing UST project work.
(5)A property lien shall be filed in accordance with OAR 340-175-0055 (Documents Required to Receive an Essential Services Grant) where the applicant receives an essential services grant.
(6)Grant funds not used for costs of UST project work in accordance with the grant confirmation letter shall be returned to the Department within 60 days after voluntary or involuntary termination of the UST project work.
(7)The payment of the grant is subject to monies being allocated and being available from the Underground Storage Tank Compliance and Corrective Action Fund, per allocation system described in OAR 340-172-0080 (Financial Assistance Priority)(2).
Rule 340-175-0070 — Grant Payment,