Or. Admin. Code § 340-175-0055

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

Section 340-175-0055 - Documents Required to Receive an Essential Services Grant

(1) Where a property owner receives an essential services grant under OAR 340-175-0030(2) the property owner must sign a property lien agreement, described by sections (2) and (3) of this rule. Where an applicant other than the property owner receives an essential services grant under 340-175-0030(2) and the property owner refuses to sign a property lien agreement the Department may allow an agreement meeting the requirements of sections (4) through (8) of this rule to be substituted for a property lien agreement where the Department finds the agreement provides financial security equivalent to a property lien agreement.

(2) The signed Property Lien Agreement shall require the property owner to reimburse the underground storage tank essential services grant in full, to the Department, if the property or the business reselling motor fuel is sold within five years after the last payment of the essential services grant unless the purchaser of the property assumes the obligations of the property lien agreement. The purchaser shall be obligated under the property lien agreement for the five year period of the original agreement.

(3) A property lien shall be recorded by the Department in the mortgage records of the county where the property is located. The property lien agreement shall be satisfied five years after the property lien agreement is signed by the property owner and the Department or when the essential services grant is repayed to the Department.

(4) The agreement shall be signed by an individual, a natural person, who is the applicant for the essential services grant.

(5) The applicant shall provide proof of their ability to repay the essential services grant if the facility business receiving the grant is resold within five years after the last payment of the essential services grant.

(6) The Department shall find the agreement equivalent to the repayment security provided by a property lien agreement signed by the property owner.

(7) The signed agreement shall require the applicant to reimburse the full amount of the underground storage tank essential services grant to the Department, if the property or the business reselling motor fuel is sold within five years after the last payment of the essential services grant unless the purchaser of the property assumes the obligations of the agreement. The purchaser shall be obligated under the agreement for the five year period of the original agreement.

(8) The agreement shall be satisfied five years after the agreement is signed by the applicant and the Department or when the essential services grant is repayed to the Department.

Or. Admin. Code § 340-175-0055

DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91; DEQ 14-1992, f. & cert. ef. 6-11-92; DEQ 8-1994, f. & cert. ef. 3-22-94

Stat. Auth.: OL 1993, Ch. 661

Stats. Implemented:OL 1991, Ch. 863, Sec. 7