OAR 340-135-0105: Technical Assistance and Restrictions on Enforcement

(1) According to ORS 465.012, the Department will provide toxics users, including very small quantity generators as defined under 40 C.F.R. 260.10, with technical assistance. (2) The Department will coordinate its technical assistance efforts with industry trade associations, local colleges and universities, and local agencies in accordance with ORS 465.012(3) and 465.027. (3) In accordance with ORS 465.012, technical assistance services provided by the Department will not result in compliance inspections or other enforcement actions, unless there is reasonable cause to believe there exists a clear and immediate danger to the public health and safety or to the environment: (a) For the purpose of initiating enforcement, the term "clear" means plain, evident, free from doubt, and the term "immediate danger" means a situation where there is substantial likelihood that serious harm may be experienced within the time frame necessary for the Department to pursue an enforcement action (e.g., observation of a leaking drum). (b) In the case of a “clear and immediate danger”, the Department may initiate a compliance and enforcement action immediately.