(1) The Environmental Quality Commission shall act on an application for certification before the 120th day after the filing of the application under ORS 468.461. The action of the commission shall include certification of the actual cost of the investment and the portion of the actual cost properly allocable to collecting, transporting or processing reclaimed plastic or to the manufacture of a reclaimed plastic product as set forth in ORS 468.486. Each certificate shall bear a separate serial number for each such facility.
(2) If the commission rejects an application for certification, or certifies a lesser actual cost of the investment or a lesser portion of the actual cost properly allocable to collecting, transporting or processing reclaimed plastic or to the manufacture of a reclaimed plastic product than was claimed in the application for certification, the commission shall cause written notice of its action, and a concise statement of the findings and reasons therefor, to be sent by registered or certified mail to the applicant before the 120th day after the filing of the application. Failure of the commission to act constitutes approval of the application.
(3) If the application is rejected for any reason, including the information furnished by the applicant as to the cost of the investment, or if the applicant is dissatisfied with the certification of actual cost or portion of the actual cost properly allocable to collecting, transporting or processing reclaimed plastic or to the manufacture of a reclaimed plastic product, the applicant may appeal from the rejection as provided in ORS 468.110. The rejection or the certification is final and conclusive on all parties unless the applicant takes an appeal therefrom as provided in ORS 468.110 before the 30th day after notice was mailed by the commission.
(4)(a) The commission shall certify an investment, for which an application has been made under ORS 468.461, if the commission finds that the investment was made in accordance with the requirements of ORS 468.461 and 468.471.
(b) No determination of the proportion of the actual cost of the investment to be certified shall be made until receipt of the application.
(5) A person receiving a certificate under this section may take tax relief only under ORS 315.324, depending upon the tax status of the person’s trade or business.
(6) If the person receiving the certificate is a partnership, each partner shall be entitled to take tax credit relief as provided in ORS 315.324, based on that partner’s pro rata share of the certified cost of the investment.
(7) Certification under this section of an investment qualifying under ORS 468.461 shall be granted for a period of five consecutive years which five-year period shall begin with the tax year of the person in which the investment is certified under this section. [Formerly 468.940]
Section: Previous 468.453 468.455 468.456 468.458 468.460 468.461 468.465 468.466 468.470 468.471 468.472 468.474 468.475 468.476 468.480 NextLast modified: August 7, 2008