Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES
Section 340-122-0110 - Administrative Record
Universal Citation: OR Admin Rules 340-122-0110
Current through Register Vol. 63, No. 3, March 1, 2024
(1) For purposes of the Director's selection of a removal or remedial action, and enforcement, cost recovery, or review, if any, related to the Director's action, the administrative record shall consist of the following types of documents generated for a facility up to the time of the Director's action:
(a) Factual information, data, and analyses
that form a basis for the Director's action;
(b) The Preliminary Assessment and Remedial
Investigational and Feasibility Study, as applicable;
(c) Orders, consent decrees, settlement
agreements, work plans, and other decision documents;
(d) Guidance documents and technical
literature that form a basis for the Director's action; and
(e) Public comments and other information
received by the Department prior to the Director's action, and Department
responses to significant comments.
(2) Unless expressly designated part of the administrative record by the Director, the administrative record shall not include:
(a) Draft documents and internal
memoranda;
(b) Documents relating
to the liability of persons potentially liable under ORS 465.255;
(c) Documents relating to state remedial
action costs; and
(d) Documents
privileged under law or confidential under ORS 192.501 or 192.502.
Stat. Auth.: ORS 465.400(1), ORS 465.405, ORS 466 & ORS 468.020
Stats. Implemented: ORS 465.200 - ORS 465.455, ORS 465.900, ORS 466.706 - ORS 466.835 & ORS 466.895
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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