OAR 340-200-0050: Compliance Schedules

(1) DEQ's goal is to encourage voluntary cooperation of all persons responsible for an air contamination source. To facilitate this cooperation and provide for a progressive program of air pollution control, DEQ may negotiate with such persons to establish a compliance schedule for meeting the requirements contained in the applicable air quality rules or statutes. The schedule will set forth the conditions with which the responsible person must comply. (a) The schedule may be accepted in lieu of a hearing. It must be in writing and signed by the Director of DEQ or his designated officer and an authorized agent of the responsible person. After the schedule is executed by both parties, it must be confirmed by order of DEQ; (b) Compliance schedules providing for final compliance at a date later than 18 months from the date of execution must contain requirements for periodic reporting and increments of progress toward compliance, at intervals of less than 18 months; (c) No compliance schedule may allow emissions on a permanent basis in excess of applicable standards and rules. (2) If a negotiated schedule of compliance cannot be established, DEQ may commence enforcement proceedings as provided by ORS 468.090 or take such other authorized action as may be warranted.