Application for precertification
(1) Any person proposing to apply for certification for tax relief under ORS 468.155 (Definitions for ORS 468.155 to 468.190) to 468.190 (Allocation of costs to pollution control) may apply, before the completion of a pollution control facility, for precertification of the facility with the Environmental Quality Commission.
(2)(a) The application shall be made in writing in a form prescribed by the Department of Environmental Quality. The application shall contain the following information:
(A) A statement of the purpose of prevention, control or reduction of air, water or noise pollution or solid or hazardous waste or recycling or appropriate disposal of used oil served or to be served by the facility.
(B) A description of the materials for incorporation into the facility or incorporated into the facility, machinery and equipment to be made or made a part of the facility and the proposed or existing operational procedure of the facility.
(C) Any further information the Director of the Department of Environmental Quality considers necessary before precertification is issued.
(b) The application need not contain information on the actual cost of the facility or the portion of the actual cost properly allocable to the prevention, control or reduction of air, water or noise pollution or solid or hazardous waste or to recycling or appropriately disposing of used oil.
(c) The application shall be accompanied by a fee as provided under ORS 468.165 (Application for certification of pollution control facilities) (5). The fee may be refunded if the application for preliminary certification is rejected.
(3) If the commission determines that the person and the pollution control facility will be eligible for tax relief under ORS 307.405 (Pollution control facilities) or 315.304 (Pollution control facilities) if the facility is erected, constructed, reconstructed, added to, installed, improved or used in accordance with the application for precertification, the commission shall precertify the facility by approving the application.
(4) If the facility is erected, constructed, reconstructed, added to, installed, improved or used as proposed in the application for precertification, the commission’s approval of the application shall be prima facie evidence that the facility is qualified for certification for tax relief under ORS 468.170 (Action on application). However, precertification shall not ensure that a facility erected, constructed, reconstructed, added to, installed, improved or used by the precertified person will receive certification under ORS 468.170 (Action on application) or tax relief under ORS 307.405 (Pollution control facilities) or 315.304 (Pollution control facilities).
(5) If the commission fails or refuses to precertify a person and facility, the person may appeal as provided in ORS 468.170 (Action on application) (3). [1995 c.746 §6]
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