Oregon Administrative Rules
Chapter 629 - DEPARTMENT OF FORESTRY
Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES
Section 629-670-0115 - Using the Written Statement of Unsatisfactory Condition to Prevent Damage
Universal Citation: OR Admin Rules 629-670-0115
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Enforcement action may be initiated by the State Forester by issuing and serving a written statement of unsatisfactory condition to the landowner or operator when the State Forester determines that:
(a) A
specific operating practice prescribed by a rule or statute, or a condition
described in an approved plan for an alternate practice, has not been followed;
and
(b) Noncompliance with a rule
has resulted in adverse resource disturbance that is very limited in extent and
that can be immediately stabilized and corrected; or
(c) Through timely corrective action the
operator can eliminate the potential for resource damage or other consequences
due to compliance failure. The State Forester may consider expected weather and
site conditions, availability of equipment, expertise to accomplish work, and
access to the site before requiring corrective action.
(2) A written statement of unsatisfactory condition shall contain:
(a) The nature of
the unsatisfactory condition;
(b)
The corrective action to be taken by a specific date; and
(c) A notice that a citation will be issued
if damage results before corrective action is completed, or if corrective
action is not completed by the specific date.
(3) If the operator completes the corrective action described in the written statement of unsatisfactory condition, it is not necessary to issue a citation or assess a civil penalty.
Stat. Auth.: ORS 527.710 & 526.016
Stats. Implemented: ORS 527.680, 527.683, 527.990 & 527.992
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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