Current through Register Vol. 63, No. 9, September 1, 2024
(1) To request an amendment to the site
certificate required by OAR 345-027-0350(3) or (4), the certificate holder must
submit a written preliminary request for amendment to the Department that
includes the following:
(a) The name of the
facility, the name and mailing address of the certificate holder, and the name,
mailing address, email address and phone number of the individual responsible
for submitting the request;
(b) A
detailed description of the proposed change, including:
(A) A description of how the proposed change
affects the facility;
(B) A
description of how the proposed change affects those resources or interests
protected by applicable laws and Council standards, and
(C) The specific location of the proposed
change, and any updated maps and/or geospatial data layers relevant to the
proposed change;
(c)
References to any specific Division 21 information that may be required for the
Department to make its findings;
(d) The specific language of the site
certificate, including conditions, that the certificate holder proposes to
change, add, or delete through the amendment;
(e) A list of all Council standards and other
laws, including statutes, rules and ordinances, applicable to the proposed
change, and an analysis of whether the facility, with the proposed change,
would comply with those applicable laws and Council standards. For the purpose
of this rule, a law or Council standard is "applicable" if the Council would
apply or consider the law or Council standard under OAR 345-027-0375(2);
and
(f) A list of the names and
mailing addresses of property owners, as described in this rule:
(A) The list must include all owners of
record, as shown on the most recent property tax assessment roll, of property
located:
(i) Within 100 feet of property which
the subject of the request for amendment, where the subject property is wholly
or in part within an urban growth boundary;
(ii) Within 250 feet of property which is the
subject of the request for amendment, where the subject property is outside an
urban growth boundary and not within a farm or forest zone; or
(iii) Within 500 feet of property which is
the subject of the request for amendment, where the subject property is within
a farm or forest zone; and
(B) In addition to incorporating the list in
the request for amendment, the applicant must submit the list to the Department
in an electronic format acceptable to the Department.
(2) Within 14 days after receiving
a preliminary request for amendment, the Department must notify the public that
a preliminary request for amendment has been received by:
(a) Sending notice by mail or email to:
(A) All persons on the Council's general
mailing list as defined in OAR 345-011-0020;
(B) All persons on any special mailing list
established for the facility;
(C)
The reviewing agencies for the facility, as defined in OAR 345-001-0010(51);
and
(D) The property owners on the
list provided under subsection (1)(f) of this rule; and
(b) Posting an announcement on the
Department's website to notify the public that a preliminary request for
amendment has been received. The announcement must include a copy of the
preliminary request for amendment.
(3) For any Council standard that requires
evaluation of impacts within an analysis area, the analysis area is the larger
of either the study areas, as defined in OAR 345-001-0010(59), or the analysis
areas described in the project order for the application for site certificate,
unless otherwise approved in writing by the Department following a
pre-amendment conference.
(4) The
certificate holder may incorporate, by specific reference, evidence previously
submitted to the Department in the application for site certificate or previous
request for amendment, or evidence that is otherwise included in the
Department's record on the facility.
