Or. Admin. Code § 603-095-1560 - Complaints and Investigations
(1)
When the department receives notice of an apparent occurrence of agricultural
pollution through a written complaint, its own observation, or through
notification by another agency, the department may conduct an investigation.
The department may, at its discretion, coordinate inspection activities with
the appropriate Local Management Agency.
(2) Each notice of an alleged occurrence of
agricultural pollution shall be evaluated in accordance with the criteria in
ORS 568.900 to
568.933 or any rules adopted
thereunder to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
otherwise adversely affected by agricultural pollution or alleging any
violation of ORS 568.900 to
568.933 or any rules adopted
thereunder may file a complaint with the department.
(4) The department will evaluate or
investigate a complaint filed by a person under section OAR 603-095-1560(3) if
the complaint is in writing, signed and dated by the complainant and indicates
the location and description of:
(a) The
property and/or waters of the state allegedly being damaged or impacted;
and
(b) The property allegedly
being managed under conditions violating criteria described in ORS
568.900 to
568.933 or any rules adopted
thereunder.
(5)
Notwithstanding OAR 603-095-1560, the department may investigate at any time
any complaint if the department determines that the violation alleged in the
complaint may, is or impends to create an immediate threat to the public health
or safety.
(6)
(a) If the department determines that a
violation of ORS 568.900 to
568.933 or any rules adopted
thereunder has occurred, the landowner may be subject to the enforcement
procedures of the department outlined in OARs 603-090-0060 through
603-090-0120.
(b) Enforcement
action shall be pursued only when reasonable attempts at voluntary solutions
have failed.
(7) The
department may not impose a civil penalty on a landowner for a first violation
of OAR 603-090-0000 through 603-090-0120, or of OAR 603-095-1500 through
603-095-1560 unless the department:
(a) Has
notified the landowner of the violation in writing that describes, with
reasonable specificity, the factual basis for the department's determination
that a violation has occurred; and
(b) has prescribed a reasonable time for the
landowner to correct the violation that may not exceed 30 days after the first
notice of violation, unless the violation requires more than 30 days to
correct, in which case the department shall specify a reasonable period of time
to correct the violation in a plan of correction issued to the
landowner.
(8) No notice
of violation or period to comply shall be required under subsection (8) of this
section if:
(a) The violation is intentional;
or
(b) The landowner has received a
previous notice of the same or similar violation.
(9) The department, or a designee of the
department shall periodically, and in no event less than once biennially,
consult with the department of justice to ensure that the actions of the
department taken under ORS
568.915 are consistent with
section 9, Article I of the Oregon Constitution, and the Fourth Amendment to
the United States Constitution.
Notes
Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
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