ORS 468.100
Enforcement procedures

  • powers of regional authorities
  • status of procedures

(1)

Whenever the Environmental Quality Commission has good cause to believe that any person is engaged or is about to engage in any acts or practices which constitute a violation 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) and ORS chapters 468, 468A and 468B, or any rule, standard or order adopted or entered pursuant thereto, or of any permit issued pursuant to 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) and ORS chapters 468, 468A and 468B, the commission may institute actions or proceedings for legal or equitable remedies to enforce compliance thereto or to restrain further violations.

(2)

The proceedings authorized by subsection (1) of this section may be instituted without the necessity of prior agency notice, hearing and order, or during said agency hearing if it has been initially commenced by the commission.

(3)

A regional authority formed under ORS 468A.105 (Formation of regional air quality control authorities) may exercise the same functions as are vested in the commission by this section insofar as such functions relate to air pollution control and are applicable to the conditions and situations of the territory within the regional authority. The regional authority shall carry out these functions in the manner provided for the commission to carry out the same functions.

(4)

The provisions of this section are in addition to and not in substitution of any other civil or criminal enforcement provisions available to the commission or a regional authority. The provisions of this section shall not prevent the maintenance of actions for legal or equitable remedies relating to private or public nuisances brought by any other person, or by the state on relation of any person without prior order of the commission. [1973 c.826 §2; 1979 c.284 §153]

Source: Section 468.100 — Enforcement procedures; powers of regional authorities; status of procedures, https://www.­oregonlegislature.­gov/bills_laws/ors/ors468.­html.

Notes of Decisions

Conformance with pollution standards does not preclude suit in private nuisance. Lunda v. Matthews, 46 Or App 701, 613 P2d 63 (1980)

468.005
Definitions 468.010
Environmental Quality Commission 468.015
Functions of commission 468.020
Rules and standards 468.030
Department of Environmental Quality 468.035
Functions of department 468.040
Director 468.045
Functions of director 468.050
Deputy director 468.052
Payment by credit card 468.053
Surcharge on fee or invoice 468.054
Environmental Data Management System Fund 468.055
Contracts with Oregon Health Authority 468.060
Enforcement of rules by local health authorities 468.062
Authority of Department of Environmental Quality to require fingerprints 468.065
Issuance of permits 468.066
History of compliance with environmental quality laws 468.067
Organizational standing to seek judicial review of final order in Title V permit proceeding 468.070
Denial, modification, suspension or revocation of permits 468.073
Expedited or enhanced regulatory process 468.075
Revolving fund 468.076
Definitions for ORS 468.076 to 468.089 468.078
Action for pollution originating in Oregon 468.079
Action for pollution originating in reciprocating jurisdiction 468.080
Applicability of Oregon law 468.081
Rights of injured person 468.083
Right conferred under ORS 468.076 to 468.087 in addition to other rights 468.085
Sovereign immunity defense 468.087
Application and construction of ORS 468.076 to 468.087 468.089
Short title 468.090
Complaint procedure 468.095
Investigatory authority 468.100
Enforcement procedures 468.110
Appeal 468.115
Enforcement in cases of emergency 468.120
Public hearings 468.126
Advance notice 468.130
Schedule of civil penalties 468.135
Imposition of civil penalties 468.140
Civil penalties for specified violations 468.148
Legislative findings and declarations 468.149
Assessment of final changes to federal environmental law 468.150
Field sanitation and straw utilization and disposal methods as “pollution control facilities.” 468.153
Legislative findings and declarations 468.155
Definitions for ORS 468.155 to 468.190 468.160
Policy 468.163
Commencement of construction or installation of facility 468.165
Application for certification of pollution control facilities 468.167
Application for precertification 468.170
Action on application 468.172
“Environmental management system” defined 468.173
Applicable percentage of certified cost of facility eligible for tax credit 468.180
Conditions for issuance of certificate under ORS 468.170 468.183
Revocation of certification for loss of Green Permit 468.185
Procedure to revoke certification 468.190
Allocation of costs to pollution control 468.195
Issuance of bonds authorized 468.215
Pollution Control Fund 468.220
Department to administer fund 468.225
Investment of gross proceeds of agency bonds or other obligations 468.230
Pollution Control Sinking Fund 468.240
Remedy where default occurs on payment to state 468.245
Acceptance of federal funds 468.250
Participation in matching fund programs with federal government 468.253
Authority of director to act to benefit fund 468.255
Limit on grants and loans 468.260
Return of unexpended funds to state required 468.263
Definitions for ORS 468.263 to 468.272 468.264
Policy 468.265
Powers of county over pollution control facilities 468.266
Issuance of bonds 468.267
Security for bonds 468.268
Enforcement of bond obligation 468.269
Trustees 468.270
Tax status of leasehold interest in facilities 468.271
Effect on procedure of awarding contracts 468.272
Application of other laws relating to bonds 468.423
Definitions for ORS 468.423 to 468.440 468.425
Policy 468.427
Water Pollution Control Revolving Fund 468.428
Lottery bonds 468.429
Uses of revolving fund 468.431
Water Pollution Control Administration Fund 468.433
Duties of department 468.437
Loan applications 468.439
Borrowing authority of public agency 468.440
Loan terms and interest rates 468.442
Definitions 468.444
Zero-emission and electric vehicle rebate program 468.446
Charge Ahead Oregon Program 468.448
Audits 468.449
Zero-Emission Incentive Fund 468.501
Definitions for ORS 468.501 to 468.521 468.503
Purpose of Green Permits 468.506
Commission rulemaking to carry out Green Permit program 468.508
Eligibility for Green Permit 468.511
Environmental laws not applicable to facility operating under Green Permit 468.513
Judicial review of agency decision on issuance of Green Permit 468.516
Termination of Green Permit 468.518
Application for permit or approval affected by termination of Green Permit 468.521
Recovery of costs of agency in developing, negotiating and publicizing Green Permit 468.531
Legislative findings 468.533
Willamette River Cleanup Authority 468.581
Definitions for ORS 468.581 to 468.587 468.583
Policy 468.585
Legislative findings 468.587
State agencies and ecosystem services 468.920
Definitions for ORS 468.922 to 468.956 468.922
Unlawful disposal, storage or treatment of hazardous waste in the second degree 468.924
Applicability of ORS 161.655 468.926
Unlawful disposal, storage or treatment of hazardous waste in the first degree 468.929
Unlawful transport of hazardous waste in the second degree 468.931
Unlawful transport of hazardous waste in the first degree 468.933
Determination of number of punishable offenses under ORS 468.922, 468.926, 468.929 and 468.931 468.936
Unlawful air pollution in the second degree 468.939
Unlawful air pollution in the first degree 468.941
Determination of number of punishable offenses under ORS 468.936 and 468.939 468.943
Unlawful water pollution in the second degree 468.946
Unlawful water pollution in the first degree 468.948
Unlawful motorized in-stream placer mining 468.949
Determination of number of punishable offenses under ORS 468.943 and 468.946 468.951
Environmental endangerment 468.953
Supplying false information to agency 468.956
Refusal to produce material subpoenaed by commission 468.959
Upset or bypass as affirmative defense 468.961
Approval of Attorney General or district attorney before bringing felony charge 468.962
Notice to Department of Revenue of environmental felony 468.963
Environmental audit privilege 468.996
Civil penalty for intentional or reckless violation 468.997
Joinder of certain offenses
Green check means up to date. Up to date

Current through early 2024

§ 468.100’s source at oregon​.gov