Or. Admin. Code § 603-090-0080 - Enforcement Actions
(1) A Notice of
Noncompliance:
(a) Shall inform the landowner
of the violation, including a reference to a particular statute, administrative
rule(s) or order involved, the location of the violation when appropriate, and
the consequences of the violation or future violations;
(b) Shall direct the subject landowner to
perform those actions necessary to comply with the water quality management
area rules and orders made pursuant to the area rules:
(c) Shall specify a reasonable period of time
by which compliance is to be achieved not to exceed 30 days after the date of
the notice, or if the violation requires more than 30 days to correct, a period
of time contained in a plan of correction acceptable to the
department;
(d) Shall be issued by
the director or the director's designee;
(e) Shall be in writing and shall be served
personally or by registered or certified mail;
(f) Shall in all cases also be mailed or
delivered to the legal owner of the property;
(g) Shall be a proposed order issued in a
manner consistent with the provisions of ORS
183.415,
568.900 to
568.933, and OAR chapter
137;
(h) Shall include a statement
of the person's right to request a hearing within 30 days from the date of
receipt of the notice and an explanation of how a hearing may be requested;
and
(i) Shall include a statement
that the Notice of Noncompliance becomes a final order unless the person to
whom it is issued makes a written request for a hearing within 30 days from the
date of receipt of the notice.
(2) A Plan of Correction:
(a) Shall include a statement of the actions
that must be taken by the landowner to eliminate the violation and shall
include a schedule stating the time by which each of the actions is required to
be accomplished to achieve compliance;
(b) May include requirements for the
landowner to report the completion of specific actions;
(c) Shall be in writing and shall be sent to
the landowner by registered or certified mail or served personally;
(d) Shall be aproposed order issued in a
manner consistent with the provisions of ORS
183.415,
568.900 to
568.933, and OAR chapter
137;
(e) Shall include a statement
of the person's right to request a hearing within 30 days from the date of
receipt of the plan and an explanation of how a hearing may be requested;
and
(f) Shall include a statement
that the Plan of Correction becomes a final order unless the person to whom it
is issued makes a written request for a hearing within 30 days from the date of
receipt of the plan.
(3)
The department shall make a reasonable attempt to consult with the subject
landowner in the development of a Plan of Correction.
(4) Failure to perform any of the
requirements of a Plan of Correction may be considered by the department to be
a failure to correct the violation within the period of time set for correction
by the department.
(5) A Notice of
Civil Penalty Assessment:
(a) Shall be issued
by the director or the director's designee;
(b) Shall be issued in a manner consistent
with the provisions of ORS
183.415,
568.900 to
568.933, and OAR chapter
137;
(c) Shall be in writing and
shall be served personally or by registered or certified mail;
(d) Shall include but not be limited to:
(A) A reference to the particular statute,
administrative rules or order involved;
(B) A short or plain statement of the matters
asserted or charged including a reference to the location of the violation when
appropriate;
(C) A statement of the
amount of the penalty and how it was calculated;
(D) A statement of the person's right to
request a hearing within 30 days from the date of receipt of the notice and an
explanation of how a hearing may be requested;
(E) A statement that the notice becomes a
final order unless the person on whom the civil penalty is assessed makes a
written request for a hearing within 30 days from the date of receipt of the
notice.
(F) A statement that the
civil penalty becomes due and payable 10 days after the notice becomes a final
order by operation of law or on appeal.
Notes
Statutory/Other Authority: ORS 561 & ORS 568.900 - 568.933
Statutes/Other Implemented: ORS 568.900 - 568.933
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