Distribution of a Preliminary Application
(1)Until the Department determines the application to be complete as described in OAR 345-015-0190 (Determination of Completeness) or 345-015-0310 (Request for Expedited Review of Special Criteria Facilities), it is a preliminary application. After receiving the preliminary application the Department must, in coordination with the applicant, determine a distribution date and compile a distribution list that includes, but is not limited to, the reviewing agencies for the proposed facility.
(2)The Department must mail or email the memorandum described under OAR 345-015-0180 (Agency Memorandum on a Site Certificate Application) to each person on the distribution list before the distribution date.
(3)Unless the Department directs otherwise, the applicant must mail or email an electronic copy of the preliminary application to each person on the distribution list on or before the distribution date. The applicant must provide a printed copy of part or all of the preliminary application to a person on the distribution list upon request.
(4)After reviewing the preliminary application, each reviewing agency must submit written comments or recommendations to the Department that:
(a)State whether the reviewing agency needs any additional information from the applicant to review the application under the statutes, administrative rules or ordinances administered by the reviewing agency and describe such information; and
(b)Describe the status of applications for permits, if any, that the applicant has submitted to the reviewing agency and that are necessary for the construction and operation of the proposed facility.
(5)The Department must, as soon as practicable, send the applicant copies of all comments submitted under section (4) that identify a need for additional information.
(6)Intentionally left blank —Ed.
(a)If the applicant has elected to demonstrate compliance with the Council’s land use standard under ORS 469.504 (Facility compliance with statewide planning goals)(1)(a), each local government with land use jurisdiction over the proposed facility must, in the comments or recommendations submitted to the Department under section (4), describe the status of the local land use proceedings and state the date when the local government expects to issue a final land use decision;
(b)If the applicant has elected to obtain a Council determination of compliance with the Council’s land use standard under ORS 469.504 (Facility compliance with statewide planning goals)(1)(b), each local government with land use jurisdiction over the proposed facility must, in the comments or recommendations submitted to the Department under section (4), include:
(A)A complete list of applicable substantive criteria from the local government’s acknowledged comprehensive plan and land use regulations that are required by the statewide planning goals and that are in effect on the date the application was submitted. For the purpose of this rule, the application is submitted on the date that the Department receives the preliminary application. “Applicable substantive criteria” means the criteria and standards that the local government would apply in making all land use decisions necessary to site the proposed facility in the absence of a Council proceeding;
(B)A complete list of Land Conservation and Development Commission administrative rules, statewide planning goals and land use statutes directly applicable to the facility under ORS 197.646 (Implementation of new requirement in goal, rule or statute)(3);
(C)Copies of the criteria listed in (A) and any interpretations of ambiguous terms and matters arising from the local government’s land use regulations; and
(c)The local government may submit its recommendations, comments and interpretations as described in subsection (b) in the form of a resolution adopted by the local governing body.
(7)After receiving the preliminary application, the Department must post an announcement on its website to notify the public that a preliminary application has been received. The Department must include the addresses of locations where the public may review copies of the preliminary application in the announcement. The announcement may include the preliminary application or sections of the preliminary application that may be viewed or downloaded. The announcement may include a link to the applicant’s website, if any, where the preliminary application may be viewed or downloaded.
Rule 345-021-0050 — Distribution of a Preliminary Application,