Or. Admin. R. 141-089-0640

Current through Register Vol. 63, No. 8, August 1, 2024

Section 141-089-0640 - Pre-Construction Notification

Except as provided in OAR 141-089-0820 to 141-089-0835:

(1) Project Notification Required. A complete project notification must be submitted to the Department at least 30 calendar days before starting the project. A complete notification is one that contains all the information required on the form provided by the Department and all required attachments.

(2) Review of the Notification. Within 30 calendar days of receipt, the Department will review the notification for completeness and eligibility, make one of the following determinations and notify the responsible party that:

(a) The notification is complete and the project is eligible under the GA;

(b) The notification is incomplete and the person must supply certain specified missing, inaccurate or insufficient information. The person may amend and resubmit the notification within 120 calendar days of the notice for reconsideration, unless instructed by the Department to do otherwise. Submission of an amended notification starts a new 30-day review period; or

(c) The project is ineligible for certain specified reasons. The person may then either revise the project and submit for reconsideration within 120 days of the notification or apply for an individual permit under OAR 141-085. Submission of an amended notification commences a new 30-day review period.

(3) Timeframe for Resubmittal of Incomplete or Ineligible Notifications. If a revised notification or application is not resubmitted within 120 calendar days of an incompleteness or ineligible determination, the Department will presume that the responsible party does not intend to provide revisions to the notification and may administratively close the file. If the Department closes the file under these circumstances, the Department will retain the application fee. If the Department receives a subsequent notification or application for the same or similar project after a file has been closed, the responsible party must pay any applicable fees for the new notification at time of submission.

(4) Project Implementation. The person submitting the notification may begin the project:

(a) Immediately upon receipt of a determination by the Department under OAR 141-089-0640(2)(a) that the project is eligible; or

(b) Thirty (30) calendar days after Department received the notification, unless the Department issued a determination under OAR 141-089-0640(2)(b) or (c).

Or. Admin. R. 141-089-0640

DSL 2-2011, f. & cert. ef. 3-1-11; DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12; DSL 4-2013, f. 12-13-13, cert. ef. 1-1-14; DSL 2-2024, amend filed 05/31/2024, effective 7/1/2024

Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990

Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990