(1) Any person may apply to the Environmental Quality Commission for certification under ORS 468.466 of an investment made by the person in Oregon to allow the person to collect, transport or process reclaimed plastic or manufacture a reclaimed plastic product.
(2) The application shall be made in writing in a form prescribed by the Department of Environmental Quality and shall contain information on the actual investment including a description of the materials incorporated therein, all machinery, personal property and equipment made a part thereof, the existing or proposed operational procedure thereof, and a statement of the proposed use of the reclaimed plastic product and the portion of the actual cost properly allocable to collecting, transporting or processing reclaimed plastic or to the process of manufacturing such reclaimed plastic product as set forth in ORS 468.486.
(3) The Director of the Department of Environmental Quality may require any further information the director considers necessary before a certificate is issued.
(4) The application shall be accompanied by a fee established under subsection (5) of this section. The fee may be refunded if the application for certification is rejected.
(5) By rule and after hearing the commission may adopt a schedule of reasonable fees which the department may require of applicants for certificates issued under ORS 468.466. Before the adoption or revision of any such fees the commission shall estimate the total cost of the program to the department. The fees shall be based on the anticipated cost of filing, investigating, granting and rejecting the applications and shall be designed not to exceed the total cost estimated by the commission. Any excess fees shall be held by the department and shall be used by the commission to reduce any future fee increases. The fee may vary according to the size and complexity of the investment. The fees shall not be considered by the commission as part of the cost of the investment to be certified.
(6) Any application for certification must be made after the equipment, personal property or machinery necessary to collect, transport or process reclaimed plastic or manufacture a reclaimed plastic product is acquired or constructed and on or before December 31, 2001. Failure to file a timely application shall make the investment cost ineligible for tax credit certification. An application shall not be considered filed until it is complete and ready for processing. The commission may grant an extension of time to file an application for circumstances beyond the control of the applicant that would make a timely filing unreasonable. However, the period for filing an application shall not be extended to a date beyond December 31, 2001. [Formerly 468.935; 1995 c.746 §8]
Section: Previous 468.450 468.451 468.453 468.455 468.456 468.458 468.460 468.461 468.465 468.466 468.470 468.471 468.472 468.474 468.475 NextLast modified: August 7, 2008