Or. Admin. R. 141-088-0008 - Restrictions or Closures Imposed by the Director to Facilitate or Protect Removal or Remedial Actions

(1) The Director may impose restrictions on, or close state-owned land if the Director determines that the restriction or closure is necessary to facilitate or protect any removal or remedial action undertaken by or pursuant to an order issued by DEQ or EPA.
(2) Restrictions or closures imposed by the Director will be as limited in area, duration and scope as necessary to address the identified need for the restriction or closure.
(3) Before imposing a restriction or closure, the Department will provide a 30- calendar-day public comment period on the proposed restriction or closure. An affected party may request a public meeting with agency staff to be held during this 30-day period to discuss the proposed action.
(4) Notice of this public comment period and the opportunity to request a public meeting with agency staff will be:
(a) Sent to affected local, state and federal government agencies and tribal governments, as well as other interested persons that have indicated that they want to be notified of such actions; and
(b) Posted:
(A) One time in the Public Notices Section of The Oregonian and, if the Director deems appropriate, in another newspaper serving the general area one week before the start of the public comment period; and
(B) On the Department's website upon imposition of the restrictions or closure at http://www.oregon.gov/DSL
(5) A restriction or closure imposed by the Director will not take effect until a date to be determined by the Director which must be at least four weeks following posting of a notice of the restriction or closure.
(6) If the Director imposes a restriction or closure the Department will:
(a) Notify affected local, state and federal government agencies and tribal governments, as well as other interested persons that have indicated that they want to be notified of such actions; and
(b) Post a notice of such proposed public use restrictions or closure at least four weeks before the time that the restriction or closure is to take effect:
(A) One time in the Public Notices Section of The Oregonian and, if the Director deems appropriate, in another newspaper serving the general area before the start of the restrictions or closure is to take effect; and
(B) On the Department's website at http://www.oregon.gov/DSL

Notes

Or. Admin. R. 141-088-0008
DSL 5-2009, f. & cert. ef. 6-23-09; DSL 2-2015, f. 5-6-15, cert. ef. 6/1/2015

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 273 & 274

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