Or. Admin. Code § 141-140-0100 - Termination of a Temporary Use Authorization or Energy Facility Lease
(1) The failure of
a holder to comply with these rules or the terms and conditions of a temporary
use authorization or an ocean renewable energy facility lease, or violation of
other laws covering the use of their authorized area, shall constitute a
default.
(2) The Department shall
notify the holder in writing of the default and demand correction within 30
calendar days from the date of notice.
(3) The Director may extend the time period
allowed to correct a default. An extension by the Director must be in
writing.
(4) If the holder fails to
correct the default within the time frame specified, the Department may:
(a) Modify or terminate the temporary use
authorization or an ocean renewable energy facility lease; and/or
(b) Request the Attorney General to take or
cause to be taken appropriate legal action against the lessee or holder of the
temporary use authorization.
(5) The Department may require the holder to
remove all or a part of the ocean renewable energy facility to cure a default,
or if the authorization is terminated. If the holder fails or refuses to remove
such equipment, facility or other material, substance or related or supporting
structure, the Department may remove them or cause them to be removed, and the
holder of the authorization shall be liable for all costs incurred by the State
of Oregon for such removal.
Notes
Statutory/Other Authority: ORS 183, ORS 274.870-879, ORS 273 & ORS 274
Statutes/Other Implemented: ORS 274.870-879
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