Financial assistance agreement not General Fund obligation
- • cost estimates
- • security
- • recovery of costs
- • compromise of obligations
(1) The obligation of the Department of Environmental Quality to provide financial assistance or to advance money under a financial assistance agreement made under ORS 465.285 (Requirements for financial assistance) shall not constitute an obligation against the General Fund or any other state fund except against the Hazardous Substance Remedial Action Fund to the extent moneys in the Hazardous Substance Remedial Action Fund are expressly designated by the department for such financial assistance purposes.
(2) The department may provide a remedial action cost estimate for use by the department, a lender or a guarantor in determining the amount of financial assistance, evaluating the creditworthiness of a borrower, providing loan guarantees or as the department considers appropriate.
(3) When financial assistance is provided to a local governmental unit, the agreement may be secured as the department requires for adequate security.
(4) The department may take any action under ORS 465.260 (Removal or remedial action), 465.330 (State remedial action costs) or 465.335 (Costs, penalties and damages as lien) or other applicable authority to recover costs incurred or moneys advanced under a financial assistance agreement. Costs incurred or money advanced under a financial assistance agreement entered into under ORS 465.285 (Requirements for financial assistance) shall be remedial action costs. At the department’s discretion, the department may file a claim of lien for such remedial action costs in accordance with the procedures set forth in ORS 465.335 (Costs, penalties and damages as lien) (1), (2)(a) to (c), (3) and (4).
(5) The department may settle, compromise or release all or part of any obligation arising under a financial assistance agreement so long as the department’s action is consistent with the purposes of ORS 465.265 (“Person” defined for ORS 465.265 to 465.310) to 465.310 (Accounting procedure for financial assistance moneys). [1989 c.833 §107]
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