Or. Admin. Code § 340-045-0037 - Issuance of WPCF Permits
(1) DEQ
will review each application on its own merits after determining the
application is complete for processing. DEQ will develop recommendations under
the provisions of all applicable statutes, rules and regulations of the State
of Oregon and the U.S. Environmental Protection Agency.
(2) After DEQ drafts the public notice and
prepares the proposed WPCF permit provisions, DEQ will forward them to the
applicant for review and comment. Unless the applicant requests extra time, DEQ
will only consider comments before taking its final action on the application
if the applicant submits these comments in writing within 14 days after
mailing. The applicant may also waive the right for the 14-day review time in
the interest of accelerating the issuance procedures.
(3) If DEQ proposes to issue a permit, DEQ
will provide public notice and participation as OAR
340-045-0027 directs.
(4) DEQ must take final action on the permit
application within 45 days of the close of the public comment period if a
comment period is required. DEQ shall consider all timely comments and any
other information obtained that may be pertinent to the permit action in the
formulation of a final determination.
(5) DEQ shall promptly notify the applicant
in writing of the final action as provided in OAR
340-011-0097 and will include a
copy of the permit.
(7) The
duration of a WPCF permit may not exceed 10 years.
(8) DEQ's decision is effective from the date
of service of the notification or on the date DEQ specifies in writing,
provided this date occurs after the date DEQ serves notice. DEQ will only act
on a request for hearing if the applicant submits the request in writing within
20 days of the permit's effective date and states the grounds for the request.
DEQ will conduct the hearing as a contested case hearing under ORS
183.413 through
183.470 and OAR Chapter 340,
Division 011.
(a) If a request for hearing is
filed on a permit for a new facility, the entire permit is stayed and will not
go into effect until the hearing process is complete.
(b) If the request for hearing is for an
existing facility or activity, or a new activity within an existing facility,
only the contested permit condition and the conditions that cannot be
implemented separately from the contested conditions are stayed until the
hearing process is complete.
Notes
Statutory/Other Authority: ORS 183 & 468
Statutes/Other Implemented: ORS 468.065 & 468B.050
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.