Oregon Department of Energy, Energy Facility Siting Council
Notice of Violation
The Department has discretion to issue a notice of violation, except that the Council may instruct the Department to issue a notice of violation. Factors the Council or Department must consider in deciding whether conditions or circumstances warrant issuing a notice of violation are:
Did the responsible party report the conditions or circumstances in a timely manner?
Are the conditions or circumstances limited to the possible violation of a reporting requirement?
Are the conditions or circumstances the result of ambiguous language in the requirement in question?
Are the conditions or circumstances the result of a change to the design, construction, operation or retirement of a facility for which a site certificate has been issued, and did the certificate holder decide that no amendment of the site certificate was required, based on a reasonable analysis of the criteria in OAR 345-027-0350 (Changes Requiring an Amendment)(2)?
Has the violation in question been cited by any other state agency having jurisdiction?
Are the conditions or circumstances within the control of the responsible party?