OAR 340-130-0025: Procedure for Issuing a Notice

(1) In additional to sites identified by the Department, any person may request, in writing, that the Department ask the Commission to issue an environmental hazard notice for a particular site. The request must include information which supports the request. Following receipt of a request, the Department shall review it an act upon the request. Within 30 days of receiving the request, the Department shall notify the person making the request when the Department plans to consider the request. (2) Any request from the Oregon Department of Energy to issue an environmental hazard notice for a site, and any subsequent Department and Commission action in response to the request, shall conform to an interagency agreement consistent with these rules and approved by the Department of Energy and the Department. (3) At least 90 days before the Commission considers issuance of an environmental hazard notice for a site, the Department shall notify the site owner of the lot or parcel, or lots or parcels, where the site is located of the proposed action. This notification shall include preliminary proposed findings which would be used to support a decision to issue an environmental hazard notice for the site. (4) Within 30 days following the notification of section (3) of this rule, an owner desiring to clean up a site or more clearly define the waste or contamination at a site may submit a proposed plan to the Department. The Department may extend the 30 day period for submission of the plan if the Department is satisfied that the owner needs more time to complete the plan. The Commission shall not issue an environmental hazard notice for a site during implementation of a plan approved by the Department for cleanup or more accurate definition of the waste or contamination, if the plan is being followed. (5) The Department shall issue a public notice as to its intent to request that the Commission issue an environmental hazard notice, allowing at least 30 days for written comment. The public notice shall be sent to at least the following persons: (a) The owner of the lot or parcel, or lots or parcels, where the site is located; (b) Property owners within 250 feet of the site; (c) Any water right holders on the site; (d) Any person with a recorded interest in the site; (e) The affected city and/or county; (f) Other interested persons who have requested in writing that the Department notify them. (6) The Department shall hold a public hearing before the Commission considers issuance of the environmental hazard notice if: (a) Ten or more persons or a group having a membership of 10 or more persons request a public hearing in writing within 20 days of issuance of the public notice; or (b) In the Department’s judgment, significant issues are raised during the public comment period. (7) The Commission shall include findings in an environ-mental hazard notice for each factor of OAR 340-130-0015 used to justify issuance of an environmental hazard notice for a particular site. (8) The Department shall notify those persons submitting comments in response to the public notice of section (5) of this rule, and those persons listed in subsections (5)(a) to (e) of this rule, of the Commission’s decision to issue an environmental hazard notice. The Department shall notify the owner of the site by certified mail. The notification shall: (a) Include a copy of the environmental hazard notice; (b) Explain that the notice will be sent to the appropriate city and/or county with land use jurisdiction over the lot or parcel; (c) Advise the persons of the procedure for requesting a hearing under section (9) of this rule. (9) The site owner, and any person who in the Commission’s judgment has an interest that would be adversely affected when the Commission issues or declines to issue an environmental hazard notice may request a hearing before the Commission. The request shall be in writing and must be submitted to the Department within 20 days following mailing of the notification under section (8) of this rule. The hearing shall be conducted according to the provisions for a contested case hearing under ORS 183 and OAR 340, division 11. (10) The Department shall file the environmental hazard notice with the appropriate city and/or county and mail a copy of the notice to those persons receiving notice of section (8) of this rule: (a) If no hearing is requested within 20 days after notification under section (8) of this rule; or (b) Upon resolution of the hearing or hearings request undersection (9) of this rule; if the final decision is to issue the notice.