Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 130 - ENVIRONMENTAL HAZARD NOTICES
Section 340-130-0030 - Procedures for Rescinding or Modifying a Notice
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Except as provided by sections (2) through (5) of this rule, any modification or rescission of an environmental hazard notice shall follow the requirements for issuance of an environmental hazard notice in OAR 340-130-0025.
(2) The owner of a site for which an environmental hazard notice has been issued and who is proposing an alteration or change of use on the site may request that the Department delete or modify one or more use restrictions contained in the environmental hazard notice. The request shall be in writing and include any information which aids the Department in acting upon the request.
(3) The Department shall issue a public notice as to its intent to modify or delete one or more use restrictions contained in an environmental hazard notice, allowing at least 30 days for written comment. The public notice shall be sent to at least the following persons:
(4) The Department shall hold a public hearing before modifying or rescinding one or more use restrictions if:
(5) The Department may delete or modify one or more use restrictions contained in an environmental hazard notice for a site if it finds that a proposed alteration or change or use:
(6) The Department may require plans, studies and mitigation measures to be completed and approved before deleting or modifying one or more use restrictions contained in an environmental hazard notice.
(7) The Department shall notify, in writing, the appropriate city and/or county, those persons listed in subsections (3)(a) to (e) of this rule and those persons submitting comments in response to the public notice of section (3) of this rule of any action it takes to delete or modify use restrictions. The Department shall notify the owner of the site by certified mail.
(8) The site owner, and any person who in the Commission's judgment has an interest that woould be adversely affected by the Department's actions to delete or modify one or more use restrictions may request a hearing before the Commission. The request shall be in writing and must be submitted to the Department within 20 days following mailing of the notification under section (7) of this rule. The hearing shall be conducted according to the provisions for a contested case hearing under ORS Chapter 183 and OAR Chapter 340, Division 11.
Stat. Auth.:ORS 183,ORS 466&ORS 468
Stats. Implemented:ORS 466.365,ORS 466.370,ORS 466.375 & ORS 466.380