OAR 345-027-0390
Request by Any Person for Amendment to Apply Later-Adopted Laws


(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 (Preliminary Request for Amendment)(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 (Determination of Completeness for a Request for Amendment), 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 (Draft Proposed Order for a Request for Amendment), 345-027-0367 (Public Comment and Hearing on the Draft Proposed Order for Requests for Amendment Under Type A Review), 345-027-0371 (Proposed Order, Requests for Contested Case and Council’s Final Decision on Requests for Amendment Under Type A Review) and 345-027-0375 (Scope of Council’s Review), 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 (Proposed Order, Requests for Contested Case and Council’s Final Decision on Requests for Amendment Under Type A Review) 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 (Filing and Service of Documents in a Contested Case) to 345-015-0014 (Contested Case Notices), and 345-015-0018 (Authorized Representative) to 345-015-0085 (Hearing Officer’s Proposed Contested Case Order) 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.

Source: Rule 345-027-0390 — Request by Any Person for Amendment to Apply Later-Adopted Laws, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=345-027-0390.

345‑027‑0110
Termination of a Site Certificate
345‑027‑0210
General
345‑027‑0220
Request for Approval
345‑027‑0230
Review of a Request for Approval
345‑027‑0240
Conditions
345‑027‑0311
Applicability
345‑027‑0313
Certificate Expiration
345‑027‑0350
Changes Requiring an Amendment
345‑027‑0351
Review Processes for Requests for Amendment
345‑027‑0353
Changes Exempt from Requiring an Amendment
345‑027‑0355
Written Evaluations for Changes Not Requiring Amendment
345‑027‑0357
Amendment Determination Request
345‑027‑0359
Pre-Amendment Conference
345‑027‑0360
Preliminary Request for Amendment
345‑027‑0363
Determination of Completeness for a Request for Amendment
345‑027‑0365
Draft Proposed Order for a Request for Amendment
345‑027‑0367
Public Comment and Hearing on the Draft Proposed Order for Requests for Amendment Under Type A Review
345‑027‑0368
Public Written Comment on the Draft Proposed Order for Requests for Amendment Under Type B Review
345‑027‑0371
Proposed Order, Requests for Contested Case and Council’s Final Decision on Requests for Amendment Under Type A Review
345‑027‑0372
Proposed Order and Council’s Final Decision on Requests for Amendment Under Type B Review
345‑027‑0375
Scope of Council’s Review
345‑027‑0380
Type C Review Process for Pre-Operational Requests for Amendment
345‑027‑0385
Request for Amendment to Extend Construction Deadlines
345‑027‑0390
Request by Any Person for Amendment to Apply Later-Adopted Laws
345‑027‑0400
Request for Amendment to Transfer Ownership, Possession or Control of the Facility or the Certificate Holder
Last Updated

Jun. 8, 2021

Rule 345-027-0390’s source at or​.us