Oregon Administrative Code

340-011-0390 Public Records Access and Reproduction: Exempt Records All records held by DEQ are public records unless exempt from disclosure under ORS Chapter 192 or other applicable law. If DEQ determines that all or part of a requested public record is exempt from disclosure, D…

340-011-0500 Contested Cases: Contested Case Proceedings Generally Except as otherwise provided in OAR 340, division 011, contested cases will be governed by the Rules of the Office of Administrative Hearings, specifically OAR 137-003-0501 through 0700. Statutory/Other Authority:…

340-011-0505 Contested Cases: Powers of the Director The director, on behalf of the Commission, may execute (1) Any written order which has been consented to in writing by the participants; (2) Formal enforcement actions; (3) Orders upon default; and (4) Any other final order imp…

340-011-0510 Contested Cases: Agency Representation by Environmental Law Specialist (1) Environmental Law Specialists, and other DEQ personnel as approved by the director, are authorized to appear on behalf of DEQ and commission in contested case hearings involving formal enforce…

340-011-0515 Contested Cases: Authorized Representative of a Participant other than a Natural Person in a Contested Case Hearing A corporation, partnership, limited liability company, unincorporated association, trust and government body may be represented by either an attorney o…

340-011-0520 Contested Cases: Liability for the Acts of a Person's Employees A person is legally responsible for not only its direct acts but also the acts of its employee when the employee is acting within the scope of the employment relationship, regardless of whether the perso…

340-011-0525 Contested Cases: Service and Filing of Documents (1) Service will be made either personally or by certified mail. Service is perfected when received by the named person, if by personal service, or when mailed, if sent by mail. Service may be made upon: (a) The named …

340-011-0530 Contested Cases: Requests for Hearing (1) Unless a request for hearing is not required by statute or rule, or the requirement to file a request for hearing is waived in the formal enforcement action, a person has 20 calendar days from the date of service of the notic…

340-011-0535 Contested Cases: Final Orders by Default (1) If a person fails to request a hearing within the time allowed and no further evidence is necessary to make a prima facie case, the notice of a right to a contested case hearing will become final by operation of law as pro…

340-011-0540 Contested Cases: Consolidation or Bifurcation of Contested Case Hearings Proceedings for the assessment of multiple civil penalties for multiple violations may be consolidated into a single proceeding or bifurcated into separate proceedings, at DEQ's discretion. Addi…

340-011-0545 Contested Cases: Burden and Standard of Proof in Contested Case Hearings; DEQ Interpretation of Rules and Statutory Terms (1) The participant who asserts a fact or position is the proponent of that fact or position and has the burden of presenting evidence to support…

340-011-0550 Contested Cases: Discovery (1) Motions for discovery will only be granted if the motion establishes that: (a) The participant seeking the information attempted to obtain the information through an informal process. If the participant is seeking information from a pub…

340-011-0555 Contested Cases: Subpoenas (1) Subpoenas for the attendance of witnesses or production of documents at a contested case hearing will be issued in accordance with OAR 137-003-0585. (2) Copies of the subpoena must be provided to the administrative law judge and all par…

340-011-0560 Contested Cases: Public Attendance at Contested Case Hearing An administrative law judge may close a contested case hearing to the public upon the request of a participant in the contested case hearing. Statutory/Other Authority: ORS 183.341 & 468.020 Statutes/Other …

340-011-0565 Contested Cases: Immediate Review Immediate review under OAR 137-003-0640 is not allowed. Statutory/Other Authority: ORS 183.341 & 468.020 Statutes/Other Implemented: ORS 183.341 History: DEQ 1-2014, f. & cert. ef. 1-6-14 Renumbered from 340-011-0124 by DEQ 18-2003, …

340-011-0570 Contested Cases: Permissible Scope of Hearing (1) The scope of a contested case hearing will be limited to those matters that are relevant and material to either proving or disproving the matters alleged in the notice and request for hearing. Equitable remedies will …

340-011-0573 Contested Cases: Proposed Orders in Contested Cases (1) Following the close of the record for a contested case hearing, the administrative law judge will issue a proposed order. The administrative law judge will serve the proposed order on each participant. (2) Withi…

340-011-0575 Contested Cases: Review of Proposed Orders in Contested Cases (1) For purposes of this rule, filing means receipt in the office of the director or other office of DEQ. (2) Commencement of Review by the Commission: The proposed order will become final unless a partici…

340-011-0580 Contested Cases: Petitions for Reconsideration or Rehearing (1) A participant is not required to seek either reconsideration or rehearing of a final order prior to seeking judicial review. (2) Any petition for reconsideration or rehearing must be received by DEQ with…

340-011-0585 Contested Cases: Petitions for a Stay of the Effect of a Final Order (1) A petition to stay the effect of any final order must be received by DEQ within 60 days of service of the final order. Unless specifically set forth in this rule, the procedures for petitions fo…

340-012-0026 Policy (1) The goals of enforcement are to: (a) Protect the public health and the environment; (b) Obtain and maintain compliance with applicable environmental statutes and DEQ's rules, permits and orders; (c) Deter future violators and violations; and (d) Ensure an …

340-012-0028 Scope of Applicability Amendments to OAR 340-012-0026 to 340-012-0170 shall only apply to formal enforcement actions issued by DEQ on or after the effective date of such amendments and not to any contested cases pending or formal enforcement actions issued prior to t…

340-012-0030 Definitions All terms used in this division have the meaning given to the term in the appropriate substantive statute or rule or, in the absence of such definition, their common and ordinary meaning unless otherwise required by context or defined below: (1) "Alleged …

340-012-0038 Warning Letters, Pre-Enforcement Notices, and Notices of Permit Violation (1) A Warning Letter (WL) may contain an opportunity to correct noncompliance as a means of avoiding formal enforcement. A WL generally will identify the alleged violation(s) found, what needs …

340-012-0041 Formal Enforcement Actions (1) FEAs may require that the respondent take action within a specified timeframe or may assess civil penalties. DEQ may issue an NPV or FEA whether or not it has previously issued a WL or PEN related to the issue or violation. Unless speci…

340-012-0045 Civil Penalty Determination Procedure DEQ may assess a civil penalty for any violation, in addition to any other liability, duty, or other penalty provided by law. Except for civil penalties assessed under either OAR 340-012-0155 or OAR 340-012-0160, DEQ determines t…

340-012-0053 Classification of Violations that Apply to all Programs (1) Class I: (a) Violating a requirement or condition of a commission or department order, consent order, agreement, consent judgment (formerly called judicial consent decree) or compliance schedule contained in…

340-012-0054 Air Quality Classification of Violations (1) Class I: (a) Constructing a new source or modifying an existing source without first obtaining a required New Source Review/Prevention of Significant Deterioration (NSR/PSD) permit; (b) Constructing a new source, as define…

340-012-0055 Water Quality Classification of Violations (1) Class I: (a) Causing pollution of waters of the state; (b) Reducing the water quality of waters of the state below water quality standards; (c) Discharging any waste that enters waters of the state, either without a wast…

340-012-0060 Onsite Sewage Disposal Classification of Violations (1) Class I: (a) Performing sewage disposal services without a current license; (b) Installing or causing to be installed an onsite wastewater treatment system or any part thereof, or repairing or causing to be repa…

340-012-0064 Fuel Tank Seismic Stability Enforcement Classification of Violations (1) Class I: (a) Failure to timely submit a facility Seismic Vulnerability Assessment as required under OAR 340-300-0004. (b) Failure to timely submit a facility Risk Mitigation Implementation Plan …

340-012-0065 Solid Waste Management Classification of Violations (1) Class I: (a) Establishing or operating a disposal site without first obtaining a registration or permit; (b) Accepting solid waste for disposal in a permitted solid waste unit or facility that has been expanded …

340-012-0066 Solid Waste Tire Management Classification of Violations (1) Class I: (a) Establishing or operating a waste tire storage site without first obtaining a permit; (b) Disposing of waste tires or tire-derived products at an unauthorized site; (c) Violating the fire safet…

340-012-0067 Underground Storage Tank (UST) Classification of Violations (1) Class I: (a) Failing to investigate or confirm a suspected release; (b) Failing to establish or maintain the required financial responsibility mechanism; (c) Failing to obtain the appropriate general per…

340-012-0068 Hazardous Waste Management and Disposal Classification of Violations (1) Class I: (a) Failing to make or document a complete and accurate hazardous waste determination of a residue as required; (b) Failing to meet Land Disposal Restriction (LDR) requirements when dis…

340-012-0071 Polychlorinated Biphenyl (PCB) Classification of Violations (1) Class I: (a) Treating, storing or disposing of PCBs anywhere other than a permitted PCB disposal facility or a location authorized by DEQ; or (b) Establishing, constructing or operating a PCB disposal fa…

340-012-0072 Used Oil Management Classification of Violations (1) Class I: (a) Using used oil as a dust suppressant, pesticide, or otherwise spreading used oil directly in the environment; (b) Burning a used oil mixture where the used oil mixture has less than 5,000 Btu/pound; (c…

340-012-0073 Environmental Cleanup Classification of Violations (1) Violating any otherwise unclassified environmental cleanup-related requirements is addressed under OAR 340-012-0053. (2) Class II: Failing to provide information under ORS 465.250. Statutory/Other Authority: ORS …

340-012-0074 Underground Storage Tank (UST) Cleanup Classification of Violations (1) Class I: (a) Failing to report a confirmed release from an UST; (b) Failing to initiate or complete the investigation or cleanup, or to perform required monitoring, of a release from an UST; (c) …

340-012-0079 Heating Oil Tank (HOT) Classification of Violations (1) Class I: (a) Failing to report a release from an HOT as required by OAR 340-163-0020(4) when the failure is discovered by DEQ; (b) Failing to initiate and complete the investigation or cleanup of a release from …

340-012-0081 Oil and Hazardous Material Spill and Release Classification of Violations (1) Class I: (a) Failing to immediately clean up spills or releases or threatened spills or releases of oil or hazardous materials, by any person having ownership or control over the oil or haz…

340-012-0082 Contingency Planning Classification of Violations (1) Class I: (a) Failing to immediately implement the oil spill prevention and emergency response contingency plan or other applicable contingency plan, after discovering a spill; (b) Operating an onshore or offshore …

340-012-0083 Ballast Water Management Classification of Violations (1) Class I: (a) Discharging ballast water in violation of OAR 340-143-0010; (b) Failing to report ballast water management information required by OAR 340-143-0020 or 340-143-0040(2) to DEQ; (c) Failing to develo…

340-012-0097 Dry Cleaning Classification of Violations (1) Class I: (a) Discharging dry cleaning wastewater to a sanitary sewer, storm sewer, septic system, or boiler into waters of the state; (b) Failing to have a secondary containment system under and around each dry cleaning m…

340-012-0098 Classification of Violations for ORS 459A.860 to 459A.975 and related rules (1) Class I: (a) Failing to register or become a member of a producer responsibility organization; (b) Failing to establish a required producer responsibility organization coordination body i…

340-012-0099 Classification of Violations for Producer Responsibility Program Requirements, including ORS 459A.305 to 459A.355 and related rules (1) Class I: (a) Failing to register or participate in a producer responsibility organization; (b) Failing to substantially implement a…

340-012-0130 Determination of Violation Magnitude (1) The appropriate magnitude of each civil penalty is determined by first applying the selected magnitude in OAR 340-012-0135. If none is applicable, the magnitude is moderate unless evidence shows that the magnitude is major und…

340-012-0135 Selected Magnitude Categories (1) Magnitudes for selected Air Quality violations will be determined as follows: (a) Opacity limit violations: (A) Major — Opacity measurements or readings of 20 percent opacity or more over the applicable limit, or an opacity violation…

340-012-0140 Determination of Base Penalty (1) Except for Class III violations and as provided in OAR 340-012-0155, the base penalty (BP) is determined by applying the class and magnitude of the violation to the matrices set forth in this section. For Class III violations, no mag…

340-012-0145 Determination of Aggravating or Mitigating Factors (1) Each of the aggravating or mitigating factors is determined, as described below, and then applied to the civil penalty formula in OAR 340-012-0045. (2) "P" is whether the respondent has any prior significant acti…