ORS 468.070
Denial, modification, suspension or revocation of permits
(1)
At any time, the Department of Environmental Quality may refuse to issue, modify, suspend, revoke or refuse to renew any permit issued pursuant to ORS 468.065 (Issuance of permits) if it finds:(a)
A material misrepresentation or false statement in the application for the permit.(b)
Failure to comply with the conditions of the permit.(c)
Violation of any applicable provisions of ORS 448.305 (Special ordinance authority of certain cities), 454.010 (Definitions for ORS 454.010 to 454.040) to 454.040 (Determination of costs payable by users), 454.205 (“Municipality” defined) to 454.255 (Plans and cost estimates), 454.505 (Definitions for ORS 454.505 to 454.535) to 454.535 (Sewage Treatment Works Construction Account) and 454.605 (Definitions for ORS 454.605 to 454.755) to 454.755 (Fees for certain reports on sewage disposal) or ORS chapters 459, 459A, 465, 466, 468, 468A and 468B.(d)
Violation of any applicable rule, standard or order of the Environmental Quality Commission.(2)
The department may modify any permit issued pursuant to ORS 468.065 (Issuance of permits) if it finds that modification is necessary for the proper administration, implementation or enforcement of the provisions of ORS 448.305 (Special ordinance authority of certain cities), 454.010 (Definitions for ORS 454.010 to 454.040) to 454.040 (Determination of costs payable by users), 454.205 (“Municipality” defined) to 454.255 (Plans and cost estimates), 454.505 (Definitions for ORS 454.505 to 454.535) to 454.535 (Sewage Treatment Works Construction Account), 454.605 (Definitions for ORS 454.605 to 454.755) to 454.755 (Fees for certain reports on sewage disposal), 466.605 (Definitions for ORS 466.605 to 466.680) to 466.680 (Responsibility for expenses of cleanup) and ORS chapters 468, 468A and 468B.(3)
In making a finding under subsection (1) of this section:(a)
The department may consider a violation committed by:(A)
The applicant or permittee;(B)
The applicant’s or permittee’s current corporate officers, managers, members of the board of directors, general partners or similar persons, provided that the person exercises or will exercise substantial control on behalf of or over the facility that is the subject of the application or permit;(C)
Parent corporations, or similar business entities, that exercise substantial control over the facility that is the subject of the application or permit; or(D)
Subsidiary corporations, or similar business entities, over which the applicant or permittee exercises substantial control.(b)
The department shall consider whether a violation:(A)
Was committed by a person that had a conscious objective to cause the result of the conduct and knew or had reason to know that the result of the conduct was not lawful; or(B)
Caused or had the potential to cause substantial environmental harm.(c)
Intentionally left blank —Ed.(A)
The department shall consider whether a violation was caused by a person that:(i)
Has a demonstrated practice of taking action to correct violations or minimize the effects of violations to avoid risk or harm;(ii)
Made efforts to ensure the violation would not be repeated;(iii)
Sought to resolve the violation through a mutual agreement and final order or a similar settlement agreement;(iv)
Disclosed the violation to the department upon its initial discovery; or(v)
Has been in compliance with any applicable rule, standard or order of the commission since the violation occurred.(B)
The department must consider mitigating factors or circumstances presented to the department by an applicant under this paragraph.(4)
A decision to refuse to issue, revoke or refuse to renew any permit under subsection (1) of this section is subject to the approval of the Director of the Department of Environmental Quality.(5)
The procedure for modification, suspension, revocation or refusal to issue or renew shall be the procedure for a contested case as provided in ORS chapter 183. [1973 c.835 §14; 1979 c.184 §1; 1985 c.733 §22; 1993 c.422 §32; 2021 c.307 §2]
Source:
Section 468.070 — Denial, modification, suspension or revocation of permits, https://www.oregonlegislature.gov/bills_laws/ors/ors468.html.
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