Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 465.320

Notice of proposed remedial action or release from liability; receipt and consideration of comment; notice of approval of remedial action or release from liability

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      465.320 Notice of proposed remedial action or release from liability; receipt and consideration of comment; notice of approval of remedial action or release from liability. Except as provided in ORS 465.260 (3), before approval of any remedial action to be undertaken by the Department of Environmental Quality or any other person, adoption of a certification decision under ORS 465.325 or providing a release from liability under ORS 465.327 to a party in a judicial consent judgment or an administrative consent order, the department shall:

      (1) Publish a notice and brief description of the proposed action in a local paper of general circulation and in the Secretary of State’s Bulletin, and make copies of the proposal available to the public.

      (2) Provide at least 30 days for submission of written comments regarding the proposed action, and, upon written request by 10 or more persons or by a group having 10 or more members, conduct a public meeting at or near the facility for the purpose of receiving verbal comment regarding the proposed action.

      (3) Consider any written or verbal comments before approving the removal or remedial action or providing a release from liability under ORS 465.327 to a party in a judicial consent judgment or an administrative consent order.

      (4) Upon final approval of the remedial action or providing a release from liability under ORS 465.327 to a party in a judicial consent judgment or an administrative consent order, publish notice, as provided under subsection (1) of this section, and make copies of the approved action available to the public. [Formerly 466.575; 2011 c.487 §2]

Notes of Decisions
Cited in 1 case, 1993–1993 · leading case: Cash Flow Investors, Inc. v. Union Oil Co.
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Cash Flow Investors, Inc. v. Union Oil Co. (1993) or “cleanup of the hazardous substance and control of further release * * * that assure protection of present and future public health, safety, welfare and of the environment”; director of DEQ shall select a “remedial action” that protects human health and the environment, is cost…”
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