OAR 340-218-0220: Contested Permits

(1) A final permit issued by DEQ will become effective upon the date it was signed by the Air Quality Division Administrator or his or her designated representative, unless the applicant requests a hearing before the EQC or its authorized representative. A final permit issued by LRAPA will become effective upon the date it was signed by the LRAPA Director or his or her designated representative, unless the applicant requests a hearing before LRAPA's Board of Directors. (2) The request for hearing must be in writing within 20 days of the date of mailing of the notification of issuance of the permit. The applicant must specify which permit conditions are being challenged and why, including each alleged factual or legal objection. (3)(a) Permit conditions that are not contested, including any conditions that are severable from those contested, will remain in effect upon the date the permit was signed by the Air Quality Division Administrator or the LRAPA Director; (b) Upon such request for review, the effect of the contested conditions, as well as any conditions that are not severable from those contested, will be stayed only upon a showing that, during the pendency of the appeal, compliance with the contested conditions would require substantial expenditures or losses that would not be incurred if the applicant prevails on the merits of the review; and also that there exists a reasonable likelihood of success on the merits. DEQ may require that the contested conditions not be stayed if it finds that substantial endangerment of public health or welfare would result from the staying of the conditions. DEQ must deny or grant the stay within 30 days. (4) If an applicant requests a hearing pursuant to this section, then any adversely affected or aggrieved person, as those terms have been construed under ORS Chapter 183, may petition the EQC to be allowed to intervene in the contested case hearing to challenge any permit condition. This petition must be in writing and must be filed with the EQC at least 21 days before the date set for hearing. The petition must specify which permit conditions are being challenged and the reasons for those challenges, including each alleged factual or legal objection. (5) Any hearing held under this section will be conducted pursuant to the applicable provisions of ORS Chapter 183 and OAR 340 division 11.