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Marion County 
     PUBLIC WORKS

Submit as soon as possible so you don't miss he opportunity for this assistance!


Debris Removal Right-of-Entry Permit
For Providing Debris Removal on Private Property
The Oregon Department of Environmental Quality (DEQ) has teamed up with FEMA and the EPA to provide state-wide cleanup of wildfire debris, including hazardous materials like lead and asbestos, resulting from the Lion’s Head and Beachie Creek wildfires. All property owners are encouraged to participate in this program. Cleanup will be performed with no out-of-pocket costs to property owners (if your property is insured, your insurance provider may be required to pay a portion of costs up to the debris removal coverage limit stated in your policy). This is the only program available to help property owners clean up uninsured properties.

EPA will complete the cleanup process in 2 PHASES:

PHASE 1 - EPA will survey your property and remove any household hazardous waste they find. This work is expected to begin in October 2020.

PHASE 2 - EPA will return to your property to remove remaining structural debris, including ash, asbestos, metals, concrete, danger trees and other wildfire debris. This work is expected to begin in November 2020.

To Participate in the program:

STEP 1:  Register for Individual Assistance with FEMA at disasterassistance.gov  OR  (800) 621-3362
STEP 2:  Complete a Right of Entry form and submit to Marion County as soon as possible. You must choose to participate in Phase 1 cleanup only or participate in both Phases 1 and 2.

OPTION 1:  RIGHT OF ENTRY PERMIT FOR PHASE 1 - HOUSEHOLD HAZARDOUS WASTE ONLY

What this Permit Does:
  1. By signing this permit you allow emergency Assistance Providers to enter your property to inspect, clear, or remove household hazardous waste, caused by the declared emergency from the September 2020 wildfires. IF YOU WOULD LIKE TO PARTICIPATE IN BOTH PHASE 1 HOUSEHOLD HAZARDOUS WASTE AND PHASE 2 WILDFIRE DEBRIS REMOVAL, COMPLETE THE OPTION 2 FORM INSTEAD OF THIS FORM. 
  2. You agree to give up any right to sue or make a claim for damages against the Assistance Providers for any resulting damage.
  3. You agree to make, or allow the Assistance Providers to make, an insurance claim to reimburse the Assistance Providers for covered services provided to you.
  4. You authorize your insurance carrier to provide policy and claim information to the Assistance Providers relating to your claim for the coverage of debris removal services.
  5. All personal information will be removed from any documentation prior to being sent to federal government or agency.
*This summary is subject to the full descriptions provided below.
Grant of Right of Entry:  By signing below the property Owner, tenant, or authorized agent collectively (“Owner”), hereby unconditionally authorizes the Assistance Providers (Marion County, the State of Oregon, tribal governments, the United States of America including the Federal Emergency Management Agency (FEMA), and participating Voluntary Organizations Active in Disaster (VOAD) and their respective assigns, employees, agents, and contractors) to have the right of access and to enter in and onto the property, and all related appurtenances thereto described below for the purpose of performing work described below in “Scope of Work” resulting from the declared emergency due to the September 2020 wildfires at no out-of-pocket expense to Owner which may threaten public health or safety, or public or private property, and to ensure economic recovery. It is fully understood that this Right-of-Entry Permit (ROE) does not create any obligation on the part of the Assistance Providers to perform inspections, remove hazardous substances. Owner understands that no work will be performed until this ROE is completed in full. If Owner is a landlord, Owner agrees that Assistance Providers will be acting as landlord’s agent for purposes of ORS 90.322 and ORS 90.727
Time Period:  The ROE shall expire 90 days after this form is signed, unless it is cancelled sooner than that according to the terms herein. The Assistance Providers – Indemnification - Hold Harmless provisions, once signed, survive the termination of the ROE.
Scope of Work and Disclosures:  Removal or clearing of wildfire generated hazardous substances, debris or wreckage and/or inspections necessary to assess damage and scope necessary to complete the aforementioned work. By signing this ROE, Owner acknowledges that none, some, or all of the following work may be performed pursuant to this ROE and FEMA policy. Owner understands and accepts that the entity performing debris removal on behalf of the Assistance Providers will determine on a case-by-case basis what materials qualify as “debris” to be removed from the site pursuant to the removal program and that fireplaces, chimneys, structural foundations and trees deemed hazardous to work crews may also be removed pursuant this Permit and that the work may involve the use of raw or unfinished materials to provide only emergency protective measures necessary.
Assistance Providers - Indemnification - Hold Harmless:  The Owner acknowledges that the Assistance Providers’ decisions on whether, when, where, and how to provide disaster relief to Owner's property are discretionary functions. Additionally, the undersigned hereby indemnifies and hold harmless the Assistance Providers against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics’ liens or other liens, labor disputes, losses, damages, expenses, personal injury, death, and charges or costs of any kind or character, including attorneys’ fees and court costs (hereinafter, collectively referred to as “Claims”), as well as any and all actions, either legal or equitable, which the undersigned has, or that might arise, of any nature whatsoever and by whomever made, or may have, by reason of or incident to any decision or action of aforesaid Assistance Providers taken or not taken in connection with entry onto the Property or to accomplish the aforementioned work. 
Duty to Apply for Insurance Benefits:  I understand that Federal law (42 U.S.C. § 5155) requires me to reimburse the Assistance Providers the cost of removing wildfire generated debris to the extent covered by any other source including FEMA, Small Business Administration, private insurance, or any other public assistance program. At the sole discretion of the Assistance Providers, Owner shall either:
(a) Make a claim against any applicable insurance policy related to the work performed by the Assistance Providers under this ROE for debris removal and reimburse the Assistance Providers within thirty (30) calendar days of receipt of any such insurance proceeds for the cost of the work performed by the Assistance Providers under this ROE for debris removal; or
(b) Assign to one or more of the Assistance Providers the right to make a claim against any applicable insurance policy and the right directly to receive payment for that claim. Owner shall provide notice of this assignment to all applicable insurers.
Release of Insurance Policy and Claim Information:  Owner acknowledges that an insurance claim has been, or will be, presented to Owner’s insurance company as a result of the declared emergency for the losses and damages occurring at the property listed above. The Owner authorizes the insurance carrier to provide policy and claim information to the Assistance Providers, or assigns, relating to the coverage of debris removal services for the declared September 2020 wildfires emergency only.
Authority to Sign:  Owner represents and warrants that Owner has full power and authority to execute and fully perform Owner’s obligations under this ROE. If Owner is an entity, Owner also represents and warrants that Owner has such power and authority pursuant to its governing instruments, without the need for any further action, and that the person(s) executing this ROE on behalf of Owner are the duly designated agents of Owner and are authorized to do so. Owner expressly represents and warrants that fee title to the Premises is vested solely in Owner.
Property Access:  This ROE includes the right of ingress and egress on other lands of the Owner not described above, provided such ingress and egress is necessary and not otherwise conveniently available to the Assistance Providers. All tools, equipment, and other property taken upon or placed upon the property by the Assistance Providers shall remain the property of the Assistance Providers and may be removed by the Assistance Providers at any time within a reasonable period after the expiration of this ROE, if necessary.
Duty of Truthfulness:  Owner understands that any individual who fraudulently or willfully misstates any fact in connection with this ROE shall be subject to a fine as provided under 18 U.S.C. § 1001 or imprisoned for not more than five years or both.
Information Sharing:  Information is collected to make it possible for the Government, its employees, agents, contractors and/or representatives to enter your property, inspect for damage, and/or undertake emergency protective measures. Information submitted will be shared with other government agencies, Federal and nonfederal, their contractors, subcontractors and employees, as well as with voluntary agencies performing inspections and/or emergency protective, for official use only in accordance with the purposes stated in this ROE.
OPTION 2:  RIGHT OF ENTRY PERMIT FOR PHASE 1 - HOUSEHOLD HAZARDOUS WASTE AND PHASE 2 - WILDFIRE DEBRIS REMOVAL

What this Permit Does:
  1. By signing this permit you allow emergency Assistance Providers to enter your property to inspect, clear, or remove household hazardous waste and wildfire debris, and to take emergency protective measures caused by the declared emergency from the September 2020 wildfires.
  2. You agree to give up any right to sue or make a claim for damages against the Assistance Providers for any resulting damage.
  3. You agree to make, or allow the Assistance Providers to make, an insurance claim to reimburse the Assistance Providers for covered services provided to you.
  4. You authorize your insurance carrier to provide policy and claim information to the Assistance Providers relating to your claim for the coverage of debris removal services.
  5. All personal information will be removed from any documentation prior to being sent to federal government or agency.
*This summary is subject to the full descriptions provided below.
Grant of Right Entry:  By signing below the property Owner, tenant, or authorized agent collectively (“Owner”), hereby unconditionally authorizes the Assistance Providers (Marion County, the State of Oregon, tribal governments, the United States of America including the Federal Emergency Management Agency (FEMA), and participating Voluntary Organizations Active in Disaster (VOAD) and their respective assigns, employees, agents, and contractors) to have the right of access and to enter in and onto the property, and all related appurtenances thereto described below for the purpose of performing work described below in “Scope of Work” resulting from the declared emergency due to the September 2020 wildfires at no out-of-pocket expense to Owner which may threaten public health or safety, or public or private property, and to ensure economic recovery. It is fully understood that this Right-of-Entry Permit (ROE) does not create any obligation on the part of the Assistance Providers to perform inspections, remove hazardous substances. Owner understands that no work will be performed until this ROE is completed in full. If Owner is a landlord, Owner agrees that Assistance Providers will be acting as landlord’s agent for purposes of ORS 90.322 and ORS 90.727
Time Period:  The ROE shall expire the earlier of either: when the debris removal work is complete; or, two (2) years after this form is signed; unless it is cancelled sooner according to the terms herein. The Assistance Providers – Indemnification - Hold Harmless provisions, once signed, survive the termination of this ROE.

Scope of Work and Disclosures:  Inspections, removal or clearing of wildfire generated hazardous substances. By signing this ROE, Owner acknowledges that none, some, or all of the following work may be performed pursuant to this ROE and FEMA policy. Owner understands and accepts that the entity performing hazardous substances removal on behalf of the Assistance Providers will determine on a case-by-case basis what materials qualify to be removed from the site.
Assistance Providers - Indemnification - Hold Harmless:  The Owner acknowledges that the Assistance Providers’ decisions on whether, when, where, and how to provide disaster relief to Owner's property are discretionary functions. Additionally, the undersigned hereby indemnifies and hold harmless the Assistance Providers against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics’ liens or other liens, labor disputes, losses, damages, expenses, personal injury, death, and charges or costs of any kind or character, including attorneys’ fees and court costs (hereinafter, collectively referred to as “Claims”), as well as any and all actions, either legal or equitable, which the undersigned has, or that might arise, of any nature whatsoever and by whomever made, or may have, by reason of or incident to any decision or action of aforesaid Assistance Providers taken or not taken in connection with entry onto the Property or to accomplish the aforementioned work. 
Duty to Apply for Insurance Benefits:  I understand that Federal law (42 U.S.C. § 5155) requires me to reimburse the Assistance Providers the cost of removing wildfire generated debris to the extent covered by any other source including FEMA, Small Business Administration, private insurance, or any other public assistance program. At the sole discretion of the Assistance Providers, Owner shall either:
(a) Make a claim against any applicable insurance policy related to the work performed by the Assistance Providers under this ROE for debris removal and reimburse the Assistance Providers within thirty (30) calendar days of receipt of any such insurance proceeds for the cost of the work performed by the Assistance Providers under this ROE for debris removal; or
(b) Assign to one or more of the Assistance Providers the right to make a claim against any applicable insurance policy and the right directly to receive payment for that claim. Owner shall provide notice of this assignment to all applicable insurers.
Release of Insurance Policy and Claim Information:  Owner acknowledges that an insurance claim has been, or will be, presented to Owner’s insurance company as a result of the declared emergency for the losses and damages occurring at the property listed above. The Owner authorizes the insurance carrier to provide policy and claim information to the Assistance Providers, or assigns, relating to the coverage of debris removal services for the declared September 2020 wildfires emergency only.
Authority to Sign:  Owner represents and warrants that Owner has full power and authority to execute and fully perform Owner’s obligations under this ROE. If Owner is an entity, Owner also represents and warrants that Owner has such power and authority pursuant to its governing instruments, without the need for any further action, and that the person(s) executing this ROE on behalf of Owner are the duly designated agents of Owner and are authorized to do so. Owner expressly represents and warrants that fee title to the Premises is vested solely in Owner.
Property Access:  This ROE includes the right of ingress and egress on other lands of the Owner not described above, provided such ingress and egress is necessary and not otherwise conveniently available to the Assistance Providers. All tools, equipment, and other property taken upon or placed upon the property by the Assistance Providers shall remain the property of the Assistance Providers and may be removed by the Assistance Providers at any time within a reasonable period after the expiration of this ROE, if necessary.
Duty of Truthfulness:  Owner understands that any individual who fraudulently or willfully misstates any fact in connection with this ROE shall be subject to a fine as provided under 18 U.S.C. § 1001 or imprisoned for not more than five years or both.
Information Sharing:  Information is collected to make it possible for the Government, its employees, agents, contractors and/or representatives to enter your property, inspect for damage, and/or undertake emergency protective measures. Information submitted will be shared with other government agencies, Federal and nonfederal, their contractors, subcontractors and employees, as well as with voluntary agencies performing inspections and/or emergency protective, for official use only in accordance with the purposes stated in this ROE.
Disclosure is voluntary:  However, failure to disclose the information will make it impossible for us to inspect your property or undertake emergency protective measures which may delay or prevent the provision of disaster services and/or assistance.
Contact Information:

Marion County Public Works

5155 Silverton Road NE, Building 1, Salem, OR 97305

(503) 365-3140

www.bit.ly/MCDebris


Address:










Owner’s Contact Information: (Information To Be Kept Confidential by Assistance Providers)








Insurance

Insurance Information for the Property







SECONDARY Insurance Information for the Property or other damaged items on the property:






ADDITIONAL Insurance Information for the Property or other damaged items on the property:






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