Or. Admin. Code § 141-145-0065

Current through Register Vol. 63, No. 10, October 1, 2024

Section 141-145-0065 - Assignment of Authorizations

(1) An access authorization is not assignable.

(2) The holder of an easement or lease in good standing can assign its easement or lease with prior written consent of the Department.

(3) To assign an easement or lease, the holder must submit to the Department a:

(a) Notice of proposed assignment on a form provided by the Department at least 60 calendar days prior to the date that the assignment is to occur; and

(b) Non-refundable administrative processing fee of $750, payable to the Department.

(4) The Department may reject an assignment if:

(a) The assignee's financial status, past business, or management practices or experience indicates to the Department that the assignee may not:

(A) Be able to fully meet the terms and conditions of a lease or easement; or

(B) Be able to fully comply with all applicable terms or conditions of the Order under which remediation is being conducted, including without limitation, terms and conditions related to ongoing monitoring and maintenance, insurance, indemnification and financial assurance; or

(C) Use the land applied for in a way that is consistent with the provisions of these rules.

(b) The assignee is not in compliance with the terms and conditions on any other authorization granted to them by the Department.

(5) The Department may request additional information concerning the proposed assignment.

(6) The Department may condition the assignment on the assignor retaining responsibility for some or all of the terms and conditions in the lease or easement guaranteeing the performance of the assignee.

(7) An assignment does not take effect until the Department authorizes it in writing.

Or. Admin. Code § 141-145-0065

DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274