OAR 340-130-0010: Exclusions

(1) Subject to section (2) of this rule, an environmental hazard notice shall not be issued for a site: (a) Where investigation or cleanup activities are occurring or where the Department has determined will occur; or (b) Which presently is regulated by a disposal, discharge, or management permit or an order requiring remedial action, closure or corrective action issued by the Department or Commission; or (c) Where spills and releases have been or are being cleaned up pursuant to ORS 466.205, 466.645, 468.795, or the cleanup standards provided in OAR 340-108-0030. (2) An exception to section (1) of this rule may be made by the Commission if it finds that an environmental hazard notice is necessary to protect the public health, safety or the environment. This finding shall be included with the findings which support the decision to issue an environmental hazard notice for a site.