Or. Admin. Code § 340-122-0079 - Delisting - Determination by Director

(1) The Director shall consider requests or proposals to remove facilities from the Confirmed Release List or the Inventory submitted in accordance with OAR 340-122-0077. The Director shall delist a facility from the Confirmed Release List if the Director determines that a facility does not meet the criteria for inclusion on the Confirmed Release List set forth in OAR 340-122-0074(1). The Director shall remove a facility from the Inventory if the Director determines the facility does not meet the criteria for inclusion on the Inventory set forth in OAR 340-122-0075(1).

(2) In determining whether to remove a facility from the Confirmed Release List or from the Inventory, the Director shall consider:

(a) Any relevant Confirmed Release List or Inventory delisting petitions submitted pursuant to OAR 340-122-0077;

(b) Any public comments submitted on the proposed action pursuant to OAR 340-122-0078; and

(c) Any other relevant information available.

(3) The Director shall not remove a facility from the Confirmed Release List or from the Inventory if continuing environmental controls or institutional controls related to removal or remedial action (e.g., alternative drinking water supply, caps, security measures) are needed to assure protection of present and future public health, safety, welfare, and the environment.

(4)

(a) The Director shall document the basis for approving or denying a request or proposal to remove a facility from the Confirmed Release List or the Inventory;

(b) If the Director relies on information described in subsection (2)(a) of this rule to make such determination, the Director shall reference such information in the record.

(5) The removal of a facility from the Confirmed Release List or from the Inventory shall be effective immediately upon the Director's determination.

Notes

Or. Admin. Code § 340-122-0079

DEQ 29-1990, f. & cert. ef. 7-13-90; DEQ 2-1997, f. & cert. ef. 2-7-97; Renumbered from 340-122-0470

Stat. Auth.: ORS 465.400(1), ORS 465.405 & ORS 468.020

Stats. Implemented: ORS 465.200 - ORS 465.455, ORS 465.900, ORS 466.706 - ORS 466.835 & ORS 466.895