OAR 340-064-0165
Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Use of Cleanup Funds for Abatement by the Department
(1)
The Department may use funds in the Account to contract for the abatement of:(a)
A waste tire pile or other waste tire materials for which a person has failed to apply for or obtain a waste tire storage site permit;(b)
A permitted waste tire storage site if the permittee fails to meet the conditions of such permit;(c)
A waste tire pile or other waste tire materials which an owner of real property has failed to remove as required by the Department.(2)
The Department may abate any danger or nuisance created by waste tires or other waste tire materials by removing or processing the tires or waste tire materials. The Department shall follow environmental risk criteria in OAR 340-064-0155 (Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Criteria for Use of Funds to Clean Up Permitted Waste Tire Sites or Conclude Negotiated Settlements for Cleanups) in determining which sites shall be subject to abatement.(3)
Before taking any action to abate the danger or nuisance, the Department shall give any persons having the care, custody or control of the waste tires or waste tire materials, or owning the property upon which the tires are located, notice of the Department’s intentions and order the person to abate the danger or nuisance in a manner approved by the Department.(4)
The Department may bring an action or proceeding against the property owner or the person having possession, care, custody or control of the waste tires or other waste tire materials to enforce the abatement order issued under ORS 459.780 (Tire removal or processing plan).(5)
If a person fails to take action as required under section (3) of this rule within the time specified, the Director may contract to abate the danger or nuisance.(6)
The order issued under section (3) of this rule may include entering the property where the danger or nuisance is located, taking the tires and waste tire materials into public custody and providing for their processing or removal.(7)
After the abatement, the Department, upon request, may conduct a hearing according to the provisions of ORS 183.310 (Definitions for chapter) to 183.550 applicable to contested case hearings to determine the financial responsibility of any party involved. Any person requesting a hearing shall present his or her reasons why he or she should not be considered financially responsible for the costs of the abatement. If a hearing is not requested, the Department may proceed to recover the costs incurred in abating the waste tires or other waste tire materials. This shall include providing an invoice to the responsible party with the Department’s costs incurred in the abatement.(8)
The Department may bring an action or proceeding to recover any reasonable and necessary expenses incurred by the Department for abatement costs, including administrative and legal expenses. The Department’s certification of expenses shall be prima facie evidence that the expenses are reasonable and necessary. In general, the Department will consider a person or persons who were the subject of an abatement conducted by the Department under this rule to be responsible for repaying the Department for the full costs of the abatement.
Source:
Rule 340-064-0165 — Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Use of Cleanup Funds for Abatement by the Department, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-064-0165.