OAR 603-095-0180
Complaints and Investigations
(1)
When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, notification by another agency, or other means, the department may conduct an investigation. The department may coordinate inspection activities with the appropriate Local Management Agency (as defined in ORS 568.906 (Plan implementation to involve local agencies)).(2)
Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 (Definitions for ORS 568.900 to 568.933) through 568.933 (Civil penalties), or any rules adopted thereunder, to determine whether an investigation is warranted.(3)
Any person alleging any violation of ORS 568.900 (Definitions for ORS 568.900 to 568.933) through 568.933 (Civil penalties), or any rules adopted thereunder, may file a complaint with the department.(4)
The department will evaluate and may investigate a complaint filed by a person under section OAR 603-095-0180 (Complaints and Investigations)(3) if the complaint is in writing, signed and dated by the complainant, and indicates the location and description of:(a)
The waters of the state allegedly being damaged or impacted; and(b)
The property allegedly being managed under conditions violating criteria described in ORS 568.900 (Definitions for ORS 568.900 to 568.933) to 568.933 (Civil penalties), or any rules adopted thereunder.(5)
As used in section OAR 603-095-0180 (Complaints and Investigations)(4) “person” does not include any local, state, or federal agency.(6)
If the department determines that a violation of ORS 568.900 (Definitions for ORS 568.900 to 568.933) through 568.933 (Civil penalties) or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OAR 603-090-0060 (Definitions) through 603-090-0120 (Civil Penalty Determination Procedure). Appendix A: Map. [Appendix not included. See ED. NOTE.]
Source:
Rule 603-095-0180 — Complaints and Investigations, https://secure.sos.state.or.us/oard/view.action?ruleNumber=603-095-0180
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