Or. Admin. Code § 345-029-0520

Current through Register Vol. 63, No. 12, December 1, 2024

Section 345-029-0520 - Pre-Enforcement Notice

(1) If the Director determines that a violation described under OAR 345-029-0503 has occurred, the Director may issue a Pre-Enforcement Notice upon the responsible party. The Pre-Enforcement Notice must be served upon the responsible party by personal service or by first class, certified or registered mail and must include:

(a) A description of the alleged violation, including a reference to the statute, administrative rule, order, or permit term or condition determined by the Director to have been violated and the classification of the violation under OAR 345-029-0530;

(b) A statement of the facts upon which the Director based their determination, including the date or dates on which the violation is alleged to have occurred, or the date an ongoing violation was alleged to have begun;

(c) A description of evidence supporting any mitigating or aggravating factors, including, but not limited to:

(A) Whether the responsible party voluntarily reported the conditions or circumstances related to the alleged violation in accordance with OAR 345-029-0510;

(B) The performance of the responsible party in taking necessary or appropriate action to correct the conditions or circumstances that led to the violation and to prevent the violation from recurring;

(C) A history of similar or related violations by the responsible party and the responsible party's efforts in taking all feasible steps or procedures necessary or appropriate to correct or prevent any violation;

(D) Any known or potential adverse impact of the violation on public health and safety;

(E) Whether the violation was willful or the result of reckless behavior;

(d) A statement explaining what additional information the Director requires to determine appropriate enforcement and corrective actions;

(e) The date by which the responsible party must respond to the Pre-Enforcement Notice under section (2) of this rule and a description of the potential consequences of not responding. The date must be at least 30 days after the date of issuance of the Notice;

(f) A statement explaining that the responsible party is entitled to the opportunity to present information regarding the alleged violation and any proposed corrective action at an enforcement conference under OAR 345-029-0550 before the Director issues a Notice of Enforcement Action under OAR 345-029-0555; and

(g) An explanation that the Pre-Enforcement Notice does not entitle the responsible party to a contested case hearing.

(2) The responsible party must provide, to the Director, a written response to the Pre-Enforcement Notice by the date specified under section (1)(e) of this rule. The response must include:

(a) A statement of any facts relevant to the Director's determination that the violation has occurred;

(b) A description of any corrective actions taken or proposed to be taken to mitigate the impacts of the alleged violation and any corrective actions the responsible party proposes to take to minimize the possibility of recurrence;

(c) The date by which the responsible party expects to achieve full compliance with all applicable laws and rules;

(d) Any additional information requested by the Director in the Pre-Enforcement Notice;

(e) If the responsible party cannot provide all the information required under subsection (a) to (d) of this section, the date by which the responsible party will submit all additional required information;

(f) A statement that the responsible party does or does not request an enforcement conference under OAR 345-029-0550 to present information regarding the alleged violation and discuss any proposed corrective action at an enforcement conference under OAR 345-029-0550.

(3) The Director must amend or withdraw the Pre-Enforcement Notice, as appropriate, within 30 days of receiving information that the Director finds sufficient to demonstrate that the violation alleged in the Pre-Enforcement Notice did not occur.

Or. Admin. Code § 345-029-0520

EFSC 1-2021, adopt filed 02/26/2021, effective 2/26/2021

Statutory/Other Authority: ORS 469.470

Statutes/Other Implemented: ORS 469.085, 469.540 & 469.992