Or. Admin. Code § 141-140-0100

Current through Register Vol. 63, No. 12, December 1, 2024

Section 141-140-0100 - Termination of a Temporary Use Authorization or Energy Facility Lease

(1) The failure of a holder to comply with these rules or the terms and conditions of a temporary use authorization or an ocean renewable energy facility lease, or violation of other laws covering the use of their authorized area, shall constitute a default.

(2) The Department shall notify the holder in writing of the default and demand correction within 30 calendar days from the date of notice.

(3) The Director may extend the time period allowed to correct a default. An extension by the Director must be in writing.

(4) If the holder fails to correct the default within the time frame specified, the Department may:

(a) Modify or terminate the temporary use authorization or an ocean renewable energy facility lease; and/or

(b) Request the Attorney General to take or cause to be taken appropriate legal action against the lessee or holder of the temporary use authorization.

(5) The Department may require the holder to remove all or a part of the ocean renewable energy facility to cure a default, or if the authorization is terminated. If the holder fails or refuses to remove such equipment, facility or other material, substance or related or supporting structure, the Department may remove them or cause them to be removed, and the holder of the authorization shall be liable for all costs incurred by the State of Oregon for such removal.

Or. Admin. Code § 141-140-0100

DSL 5-2007, f. 10-12-07, cert. ef. 12-1-07; DSL 5-2017, amend filed 12/28/2017, effective1/1/2018

Statutory/Other Authority: ORS 183, ORS 274.870-879, ORS 273 & ORS 274

Statutes/Other Implemented: ORS 274.870-879