ORS 466.810: Investigation on noncompliance; findings and orders; decommissioning tank; hearings; other remedies.

(1) Whenever the Department of Environmental Quality has reasonable cause to believe that an underground storage tank or the operation of an underground storage tank violates ORS 466.706 to 466.882 and 466.994 or fails to comply with a rule, order or permit issued under ORS 466.706 to 466.882 and 466.994, the department may investigate the underground storage tank. (2) After the department investigates an underground storage tank under subsection (1) of this section, the department may, without notice or hearing, make such findings and issue such orders as it considers necessary to protect the public health, safety, welfare or the environment. (3) The findings and orders made by the department under subsection (2) of this section may: (a) Require changes in the operation, practices or operating procedures found to be in violation of ORS 466.706 to 466.882 and 466.994 or the rules adopted under ORS 466.706 to 466.882 and 466.994; (b) Require the owner or operator to comply with the provisions of a permit; (c) Require compliance with a schedule established in the order; and (d) Require any other actions considered necessary by the department. (4) After the department issues an order under subsection (2) of this section, the department may decommission the underground storage tank or contract with another person to decommission the underground storage tank. (5) The department shall serve a certified copy of any order issued by it under subsection (2) of this section to the permittee or the permittee’s duly authorized representative at the address furnished to the department in the permit application or other address as the department knows to be used by the permittee. The order shall take effect 20 days after the date of its issuance, unless the permittee requests a hearing on the order before the Environmental Quality Commission. The request for a hearing shall be submitted in writing within 20 days after the department issues the order. (6) All hearings under this section shall be conducted according to applicable provisions of ORS chapter 183 for contested cases. (7) Whenever it appears to the department that any person is engaged or about to engage in any act or practice that constitutes a violation of ORS 466.706 to 466.882 and 466.994 or the rules and orders adopted under ORS 466.706 to 466.882 and 466.994 or of the terms of any permit issued under ORS 466.706 to 466.882 and 466.994, the department, without prior administrative hearing, may institute actions or proceedings for legal or equitable remedies to enforce compliance therewith or to restrain further violations thereof. [1987 c.539 §32; 1999 c.849 §101a]