OAR 340-130-0020: Use Restrictions to Accompany a Notice

(1) The Commission shall include use restrictions when it issues an environmental hazard notice. Use restrictions are included with a notice to ensure that uses at a potentially hazardous site do not cause the site to be altered in a manner that threatens the public health, safety or the environment. (2) Subject to section (3) of this rule, the list of use restrictions contained in section (4) of this rule shall accompany an environmental hazard notice issued by the Commission. (3) When the Commission issues an environmental hazard notice, it may: (a) Delete or modify one or more use restrictions of section (4) of this rule if it finds that the public health, safety, and the environment are sufficiently protected; and (b) Add or modify one or more use restrictions of section (4) of this rule if it finds that the public health, safety or the environment is not sufficiently protected. (4) Use Restrictions: (a) No cover relocation or penetration through the cover; (b) No modifications of surface drainage; (c) No installation of surface water impoundments; (d) No removal of waste or contaminated materials; (e) No disturbance of gas or leachate collection, control or treatment systems or monitoring wells; (f) No construction of enclosed structures; (g) No disturbance of or penetration through an engineered liner or cap; (h) No borings, pilings or well construction through the cover or an engineered liner or cap.