OAR 340-218-0240
Enforcement

(1)

Whenever it appears to DEQ that any activity in violation of a permit that results in air pollution or air contamination is presenting an imminent and substantial endangerment to the public health, DEQ may enter a cease and desist order pursuant to ORS 468.115 (Enforcement in cases of emergency) or seek injunction relief pursuant to 468.100 (Enforcement procedures).

(2)

Intentionally left blank —Ed.

(a)

Whenever DEQ has good cause to believe that any person is engaged in or about to engage in acts or practices that constitute a violation of any part of the stationary source air permitting rules or any provision of a permit issued pursuant to these rules, DEQ may seek injunctive relief in court to enforce compliance thereto or to restrain further violations;

(b)

The proceedings authorized by subsection (a) may be instituted without the necessity of prior agency revocation of the permit or during a permit revocation proceeding if one has been commenced.

(3)

In addition to the enforcement authorities contained in sections (1) and (2) and any other penalty provided by law, any person who violates any of the following will incur a civil penalty as authorized under ORS 468.140 (Civil penalties for specified violations) and established pursuant to OAR 340 division 12:

(a)

Any applicable requirement;

(b)

Any permit condition;

(c)

Any fee or filing requirements;

(d)

Any duty to allow or carry out inspection, entry or monitoring activities; or

(e)

Any rules or orders issued by DEQ.

Source: Rule 340-218-0240 — Enforcement, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-218-0240.

Last Updated

Jun. 8, 2021

Rule 340-218-0240’s source at or​.us