OAR 340-130-0030: Procedures for Rescinding or Modifying a Notice

(1) Except as provided by sections (2)–(5) of this rule, any modification or rescission of an environmental hazard notice shall follow the requirements for issuance of an environmental hazard notice in OAR 340-130-0025. (2) The owner of a site for which an environmental hazard notice has been issued and who is proposing an alteration or change of use on the site may request that the Department delete or modify one or more use restrictions contained in the environmental hazard notice. The request shall be in writing and include any information which aids the Department in acting upon the request. (3) The Department shall issue a public notice as to its intent to modify or delete one or more use restrictions contained in 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. (4) The Department shall hold a public hearing before modifying or rescinding one or more use restrictions if: (a) Ten or more persons or a group having a membership of ten or more persons requested 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. (5) The Department may delete or modify one or more use restrictions contained in an environmental hazard notice for a site if it finds that a proposed alteration or change or use: (a) Will not increase the potential hazard to human health and the environment; or (b) Is necessary to reduce a threat to human health or the environment; or (c) Is necessary to complete a cleanup approved by the Department. (6) The Department may require plans, studies and mitigation measures to be completed and approved before deleting or modifying one or more use restrictions contained in an environmental hazard notice. (7) The Department shall notify, in writing, the appropriate city and/or county, those persons listed in subsections (3)(a) to (e) of this rule and those persons submitting comments in response to the public notice of section (3) of this rule of any action it takes to delete or modify use restrictions. The Department shall notify the owner of the site by certified mail. (8) The site owner, and any person who in the Commission’s judgment has an interest that woould be adversely affected by the Department’s actions to delete or modify one or more use restrictions 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 (7) of this rule. The hearing shall be conducted according to the provisions for a contested case hearing under ORS Chapter 183 and OAR 340, division 11.