ORS 466.190
Investigation upon motion of department
- findings and orders
(1)
Whenever the Department of Environmental Quality believes that the operation of any hazardous waste generator, air or water transporter or disposal, storage or treatment site is unsafe, or in violation of ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) to 466.385 (Amendment of comprehensive plan and land use regulations) and 466.992 (Civil penalties for damage to wildlife resulting from contamination of food or water supply) or not in compliance with rules or orders, the department may, upon its own motion, investigate the operation of the site.(2)
The department may, after it has made an investigation under subsection (1) of this section, without notice and hearing, make such findings and orders as it considers necessary from the results of its investigation.(3)
The findings and orders made by the department under subsection (2) of this section may:(a)
Require changes in operations conducted, practices utilized and operating procedures found to be in violation of ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) to 466.385 (Amendment of comprehensive plan and land use regulations) and 466.992 (Civil penalties for damage to wildlife resulting from contamination of food or water supply) or the rules adopted thereunder.(b)
Require compliance with the provisions of the permit.(4)
The department shall deliver a certified copy of all orders issued by it under subsection (2) of this section to the respondent or the respondent’s duly authorized representative at the address furnished to the department in the permit application. The order shall take effect 20 days after the date of its issuance, unless the respondent requests a hearing on the order before the Environmental Quality Commission before the 20-day period has expired. The request for a hearing shall be submitted in writing and shall include the reasons for requesting the hearing. At the conclusion of the hearing, the commission may affirm, modify or reverse the original order.(5)
All hearings before the commission shall be in compliance with applicable provisions of ORS chapter 183. Judicial review of all orders entered after hearing or where no hearing is requested shall be in accordance with the applicable provisions of ORS chapter 183 for judicial review of contested cases. [Formerly 459.660; 1987 c.540 §33]
Source:
Section 466.190 — Investigation upon motion of department; findings and orders, https://www.oregonlegislature.gov/bills_laws/ors/ors466.html.
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