Or. Admin. Code § 340-122-0078

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-122-0078 - Inventory Delisting - Public Notice and Participation

(1) Prior to the approval or denial of a petition to remove a facility from the Inventory submitted pursuant to OAR 340-122-0077, the Department shall:

(a) Publish a notice and brief description of the proposed action in the Secretary of State's Bulletin, notify a local paper of general circulation, and make copies of the proposed action available to the public;

(b) Make a reasonable effort to identify and notify interested persons or community organizations;

(c) Provide at least 30 days for submission of written comments regarding the proposed action;

(d) Upon written request received within 15 days after agency notice, postpone the date of its intended action no less than ten or more than 90 days in order to allow the requesting person an opportunity to submit information or comments on the proposed action; and

(e) Upon written request by ten or more persons or by a group having ten or more members, conduct a public meeting at or near the facility for the purpose of receiving oral comment regarding the proposed action, except for a petition submitted by an owner pursuant to a cleanup action completed in accordance with these rules.

(2) Where possible, the Department shall combine public notification procedures for delisting from the Inventory with the public notification procedures for the proposed certification of completion of a removal or remedial action conducted pursuant to ORS Chapter 465.

(3) Agency records concerning the removal of a facility from the Inventory shall be made available to the public in accordance with ORS 192.410 to 192.505, subject to exemptions to public disclosure, if any, under ORS 192.501 and 192.502. The Department shall maintain and make available for public inspection and copying a record of pending and completed delisting actions. The records shall be located at the headquarters and regional offices of the Department.

Or. Admin. Code § 340-122-0078

DEQ 29-1990, f. & cert. ef. 7-13-90; DEQ 2-1997, f. & cert. ef. 2-7-97; Renumbered from 340-122-0465

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