OAR 629-670-0115: Using the Written Statement of Unsatisfactory Condition to Prevent Damage

(1) Enforcement action may be initiated by the State Forester by issuing and serving a written statement of unsatisfactory condition to the landowner or operator when the State Forester determines that: (a) A specific operating practice prescribed by a rule or statute, or a condition described in an approved plan for an alternate practice, has not been followed; and (b) Noncompliance with a rule has resulted in adverse resource disturbance that is very limited in extent and that can be immediately stabilized and corrected; or (c) Through timely corrective action the operator can eliminate the potential for resource damage or other consequences due to compliance failure. The State Forester may consider expected weather and site conditions, availability of equipment, expertise to accomplish work, and access to the site before requiring corrective action. (2) A written statement of unsatisfactory condition shall contain: (a) The nature of the unsatisfactory condition; (b) The corrective action to be taken by a specific date; and (c) A notice that a citation will be issued if damage results before corrective action is completed, or if corrective action is not completed by the specific date. (3) If the operator completes the corrective action described in the written statement of unsatisfactory condition, it is not necessary to issue a citation or assess a civil penalty.