Current through Register Vol. 63, No. 9, September 1, 2024
(1) Any person,
including the Department, may request an amendment of a site certificate to
apply laws, including local government ordinances, statutes, rules or Council
standards, adopted after the date the site certificate was executed, if the
person contends failure to apply the laws results in a significant threat to
the public health or safety or to the environment.
(2) To request an amendment to apply
later-adopted laws under this rule, the person must submit a preliminary
request for amendment to the Department with the information described in OAR
345-027-0360(1)(a), (c), (d), and the following:
(a) Identification of the laws that the
person seeks to apply to the facility; and
(b) The particular facts that the person
believes clearly show a significant threat to the public health, safety or the
environment that requires application of the later adopted laws.
(3) If the Department receives a
preliminary request for amendment to apply later-adopted laws as described in
this rule from any person other than the certificate holder, the Department
must send a copy of the request to the certificate holder. The transmittal must
include a deadline by which the certificate holder must submit a response to
the Department. In its response, the certificate holder must state whether it
agrees that there is a clear showing of a significant threat to the public
health, safety or the environment that requires application of the
later-adopted laws.
(a) If the certificate
holder concludes the later-adopted laws should be applied to the facility, the
Council must review the request to apply later-adopted laws as a complete
request for amendment in accordance with section (5) of this rule.
(b) If the certificate holder concludes that
the laws should not be applied to the facility, or if the certificate holder
does not respond with its conclusion before the specified deadline, the
Department must ask the Council to determine whether the request clearly shows
a significant threat to the public health, safety or the environment that
requires application of the later-adopted laws.
(A) If the Council determines there is not a
clear showing of a significant threat to the public health, safety or the
environment that requires application of the later adopted laws, the Council
must deny the request to apply later-adopted laws.
(B) If the Council determines there is a
clear showing of a significant threat to the public health, safety or the
environment that requires application of the later adopted laws, the Council
must review the request to apply later-adopted laws as a complete request for
amendment in accordance with section (5) of this rule.
(4) For the purposes of OAR
345-027-0363, a preliminary request for amendment to apply later-adopted laws
under this rule is considered a complete request for amendment on:
(a) The date the request is received by the
Department, if the request to apply later-adopted laws is made by the
certificate holder;
(b) The date
the response described in subsection (3)(a) of this rule is received by the
Department, if the request to apply later-adopted laws is made by a person
other than the certificate holder, and if the certificate holder responds as
described in subsection (3)(a); or
(c) The date of the Council's determination
under paragraph (3)(b)(B) or this rule, if the request to apply later-adopted
laws is made by a person other than the certificate holder, and if the
certificate holder responds as described in subsection (3)(b) of this rule or
does not respond before the specified deadline under section (3) of this
rule.
(5) After receiving
a complete request for amendment under section (4) of this rule, the Council
must review the request for amendment as described in OAR 345-027-0365,
345-027-0367, 345-027-0371 and 345-027-0375, except that:
(a) If the Department recommends approval or
modified approval of the requested amendment, the Department must include in
the proposed order described in OAR 345-027-0371 any new or modified site
certificate conditions necessary to assure compliance with the laws applied to
the facility under the proposed order;
(b) If the Department in its proposed order
recommends approval or modified approval of the requested amendment, the
certificate holder may, by written request submitted to and received by the
Department within 30 days after the Department issues the proposed order, ask
the Council to hold a contested case proceeding on the proposed order. In the
request, the certificate holder must provide a description of the issues to be
contested and a statement of the facts believed to be at issue. If the
certificate holder requests a contested case proceeding, the Council must
conduct a contested case proceeding according to the applicable provisions of
OAR 345-015-0012 to 345-015-0014, and 345-015-0018 to 345-015-0085 limited to
the issues stated by the certificate holder; and
(c) The Council may only include new
conditions in a site certificate amended under this rule if the Council finds
that the conditions are necessary based upon a clear showing of a significant
threat to the public health, safety or the environment.
Statutory/Other Authority: ORS
469.470
Statutes/Other Implemented: ORS
469.401 & 469.405
