Or. Admin. Code § 603-090-0080

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-090-0080 - Enforcement Actions

(1) A Notice of Noncompliance:

(a) Shall inform the landowner of the violation, including a reference to a particular statute, administrative rule(s) or order involved, the location of the violation when appropriate, and the consequences of the violation or future violations;

(b) Shall direct the subject landowner to perform those actions necessary to comply with the water quality management area rules and orders made pursuant to the area rules:

(c) Shall specify a reasonable period of time by which compliance is to be achieved not to exceed 30 days after the date of the notice, or if the violation requires more than 30 days to correct, a period of time contained in a plan of correction acceptable to the department;

(d) Shall be issued by the director or the director's designee;

(e) Shall be in writing and shall be served personally or by registered or certified mail;

(f) Shall in all cases also be mailed or delivered to the legal owner of the property;

(g) Shall be a proposed order issued in a manner consistent with the provisions of ORS 183.415, 568.900 to 568.933, and OAR chapter 137;

(h) Shall include a statement of the person's right to request a hearing within 30 days from the date of receipt of the notice and an explanation of how a hearing may be requested; and

(i) Shall include a statement that the Notice of Noncompliance becomes a final order unless the person to whom it is issued makes a written request for a hearing within 30 days from the date of receipt of the notice.

(2) A Plan of Correction:

(a) Shall include a statement of the actions that must be taken by the landowner to eliminate the violation and shall include a schedule stating the time by which each of the actions is required to be accomplished to achieve compliance;

(b) May include requirements for the landowner to report the completion of specific actions;

(c) Shall be in writing and shall be sent to the landowner by registered or certified mail or served personally;

(d) Shall be aproposed order issued in a manner consistent with the provisions of ORS 183.415, 568.900 to 568.933, and OAR chapter 137;

(e) Shall include a statement of the person's right to request a hearing within 30 days from the date of receipt of the plan and an explanation of how a hearing may be requested; and

(f) Shall include a statement that the Plan of Correction becomes a final order unless the person to whom it is issued makes a written request for a hearing within 30 days from the date of receipt of the plan.

(3) The department shall make a reasonable attempt to consult with the subject landowner in the development of a Plan of Correction.

(4) Failure to perform any of the requirements of a Plan of Correction may be considered by the department to be a failure to correct the violation within the period of time set for correction by the department.

(5) A Notice of Civil Penalty Assessment:

(a) Shall be issued by the director or the director's designee;

(b) Shall be issued in a manner consistent with the provisions of ORS 183.415, 568.900 to 568.933, and OAR chapter 137;

(c) Shall be in writing and shall be served personally or by registered or certified mail;

(d) Shall include but not be limited to:

(A) A reference to the particular statute, administrative rules or order involved;

(B) A short or plain statement of the matters asserted or charged including a reference to the location of the violation when appropriate;

(C) A statement of the amount of the penalty and how it was calculated;

(D) A statement of the person's right to request a hearing within 30 days from the date of receipt of the notice and an explanation of how a hearing may be requested;

(E) A statement that the notice becomes a final order unless the person on whom the civil penalty is assessed makes a written request for a hearing within 30 days from the date of receipt of the notice.

(F) A statement that the civil penalty becomes due and payable 10 days after the notice becomes a final order by operation of law or on appeal.

Or. Admin. Code § 603-090-0080

AD 9-1994, f. & cert. ef. 7-26-94; DOA 16-2006, f. & cert. ef. 9-15-06; DOA 21-2022, amend filed 08/17/2022, effective 8/17/2022

Statutory/Other Authority: ORS 561 & ORS 568.900 - 568.933

Statutes/Other Implemented: ORS 568.900 - 568.933