Or. Admin. Code § 340-048-0050

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

Section 340-048-0050 - Modification or Revocation of a Certificate

(1) A certification may be modified or revoked by the Director if:

(a) The federal license or permit for the activity is revoked or terminated;

(b) The federal license or permit or the federal licensing or permitting agency allows modification of the activity in a manner inconsistent with the certification;

(c) The certification application contained false or inaccurate information regarding the activity that affects or might affect compliance with water quality standards and requirements;

(d) Changes in conditions regarding the activity or affected waterways since the certification was issued affect or might affect compliance with water quality standards and requirements;

(e) Certification conditions are violated; or

(f) Water quality standards, applicable federal laws, or other appropriate requirements of state law have changed since the certification was issued.

(2) Before modification or revocation of a certification, the department must provide the certification holder and the public with written notice of the department's intent to modify or revoke the certification and at least 30 days to submit written comment. If the certification is for a hydroelectric project, the department must also consult with the HART for the project, if any. Upon request by the certification holder, 10 or more persons, or an organization representing 10 or more members, the department must provide a public hearing on the proposed modification or revocation. After consideration of public comment and, if applicable, consultation with a HART, the Director must determine whether to modify or revoke the certification.

(3) Notice of any modification or revocation must be provided by the department to the certification holder by mail or personal delivery in the same manner as provided for service of notice under OAR 340-011-0097 and to the federal permitting or licensing agency and public commenters by appropriate means. The notice must include or be accompanied by a notice of the certification holder's opportunity to request a contested case hearing regarding the modification or revocation.

(4) A certification holder dissatisfied with a modification or revocation may request a contested case hearing by filing an answer and request for hearing in accordance with OAR 340-011-0107 within 20 days of the department's mailing or personal delivery of the notice. The hearing must be conducted in accordance with OAR chapter 340, division 011 regarding contested cases.

(5) The requirements in this rule governing modification or revocation of a certification do not apply to implementation of certification conditions that by their own terms require modification of an activity to ensure compliance with water quality standards and requirements (e.g., based on monitoring results, adaptive management).

(6) This rule does not apply to new certification requirements the department imposes in response to a notice that a federal agency is considering a license or permit application related to a change to a hydroelectric project or proposed hydroelectric project previously certified by the Director. In such event, the procedures and standards set forth in ORS 468B.045 apply.

Or. Admin. Code § 340-048-0050

DEQ 18-1985, f. & ef. 12-3-85; Renumbered from 340-048-0040, DEQ 2-2004, f. & cert. ef. 4-15-04

Stat. Auth.: ORS 468.035, 468.065 & 468B.035

Stats. Implemented: ORS 183, 468B.035 - 468B.046 & 33 USC 1341