Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 130 - ENVIRONMENTAL HAZARD NOTICES
Section 340-130-0010 - Exclusions
Universal Citation: OR Admin Rules 340-130-0010
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Subject to section (2) of this rule, an environmental hazard notice shall not be issued for a site:
(a) Where investigation or
cleanup activities are occurring or where the Department has determined will
occur; or
(b) Which presently is
regulated by a disposal, discharge, or management permit or an order requiring
remedial action, closure or corrective action issued by the Department or
Commission; or
(c) Where spills and
releases have been or are being cleaned up pursuant to ORS 466.205, 466.645,
468.795, or the cleanup standards provided in OAR 340-108-0030.
(2) An exception to section (1) of this rule may be made by the Commission if it finds that an environmental hazard notice is necessary to protect the public health, safety or the environment. This finding shall be included with the findings which support the decision to issue an environmental hazard notice for a site.
Stat. Auth.:ORS 183,ORS 466&ORS 468
Stats. Implemented:ORS 466.365
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