Oregon Secretary of State

Oregon Business Development Department

Chapter 123

Division 140
OREGON COALITION BROWNFIELDS CLEANUP FUND

123-140-0020
Definitions

For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. For purposes of this division of administrative rules, unless the context demands otherwise:

(1) "Applicant" means any public or private entity that is eligible under OAR 123, division 140 to receive an OBCF loan or grant and that has control over or access to a brownfields site, except those entities that may potentially be liable under CERCLA, or are currently suspended or debarred from receiving federal funding, or are otherwise declared ineligible.

(2) "Brownfields" means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.

(3) "CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act (42 United States Code 9601) as amended by the Small Business Liability Relief and Brownfields Revitalization Act (P.L. 107-118), and any subsequent amendments.

(4) "Fund" means the Oregon Coalition Brownfields Cleanup Fund.

(5) "Non-profit Organization" means as defined at Section 4(6) of the Federal Financial Assistance Management Improvement Act of 1999 except those non-profit organizations described in Section 501(c)(4) of the Internal Revenue Code that engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act of 1995.

(6) "Program" means the Oregon Coalition Brownfields Cleanup Fund Program

(7) "Project" means under this division those remedial ad/or removal action activities identified in the Contract for which the Recipient may expend, obligate or commit funds to address cleanup of a brownfields.

(8) "Recipient" means an Applicant that has been awarded an OBCF grant or loan for a Project.

(9) "Remedial and/or Removal Actions" means those eligible cost activities listed in the Program Guidelines and Application Handbook.

(10) "Site" means the parcel or parcels of real property on which the funded activities will be performed;

(11) "USEPA" means the Environmental Protection Agency of the United States federal government.

Statutory/Other Authority: ORS 285A.190 & 285A.192 & 285A.075
Statutes/Other Implemented: ORS 285A.190
History:
OBDD 39-2010, f. 10-29-10, cert. ef. 11-1-10
OBDD 19-2010(Temp), f. & cert. ef. 5-21-10 thru 11-17-10
OBDD 8-2010, f. 3-30-10, cert. ef. 4-1-10
EDD 9-2006, f. 10-30-06, cert. ef. 10-31-06


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