Or. Admin. Code § 123-135-0040

Current through Register Vol. 64, No. 1, January 1, 2025

Section 123-135-0040 - Project Eligibility

(1) Projects may contain non-residential underground storage tanks. Superfund sites on the National Priorities List are not eligible. Reimbursable project activities include, but are not limited to:

(a) Site investigation;

(b) Site sampling;

(c) Site characterization;

(d) Review, compilation and analysis of study data into a report;

(e) Feasibility studies;

(f) Plans for remedial action or removal;

(g) Conducting of a remedial action or removal at a site; or

(h) Regulatory oversight fees.

(2) Projects on sites that contain or are proposed to contain only privately owned single family residential dwelling(s) or privately owned multi-family dwelling(s) are not eligible for Fund assistance unless substantial public benefit can be demonstrated.

(3) Projects on sites that contain or are proposed to contain mixed use development such as a structure or structures that contain combined commercial and residential uses are eligible if:

(a) A written endorsement for the project from the local jurisdiction is included with the application;

(b) The project will provide a substantial public benefit; or

(c) The project is part of a downtown or mixed use center redevelopment.

(4) The Department will determine if a project will have substantial public benefit.

Or. Admin. Code § 123-135-0040

EDD 2-2001, f. & cert. ef. 2-1-01; EDD 8-2001(Temp), f. & cert. ef. 11-15-01 thru 5-14-02; EDD 10-2002(Temp), f. & cert. ef. 5-15-02 thru 11-11-02; Administrative correction 11-29-02; EDD 18-2002, f. & cert. ef. 12-10-02; EDD 8-2006, f. 10-30-06, cert. ef. 10-31-06; OBDD 7-2010, f. 3-30-10, cert. ef. 4-1-10

Publications: Publications referenced are available from the agency.

Stat. Auth.: ORS 285A.075

Stats. Implemented: ORS 285A.185 & 285A.188