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Or. Rev. Stat. § 468.090

Complaint procedure

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      468.090 Complaint procedure. (1) In case any written substantiated complaint is filed with the Department of Environmental Quality which it has cause to believe, or in case the department itself has cause to believe, that any person is violating any rule or standard adopted by the Environmental Quality Commission or any permit issued by the department by causing or permitting water pollution or air pollution or air contamination, the department shall cause an investigation thereof to be made. If it finds after such investigation that such a violation of any rule or standard of the commission or of any permit issued by the department exists, it shall by conference, conciliation and persuasion endeavor to eliminate the source or cause of the pollution or contamination which resulted in such violation.

      (2) In case of failure to remedy the violation, the department shall commence enforcement proceedings pursuant to the procedures set forth in ORS chapter 183 for a contested case and in ORS 468B.032. [Formerly 449.815; 1999 c.975 §3]

Notes of Decisions
Cited in 5 cases, 1984–2020 · leading case: Kinzua Resources v. DEQ
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Kinzua Resources v. DEQ (2020) or “030; ORS 468.090. Cite as 366 Or 674 (2020) 679 persons “actually exercising” control over the site.”
ETU, Inc. v. Environmental Quality Commission (2006) orctapp “030; ORS 468.090(2). Pursuant to a rule in effect during the relevant period, DEQ’s director or the director’s authorized delegates were also authorized to prepare and execute default final orders on behalf of EQC when a hearing was not timely requested.”
Department of Environmental Quality v. Hayworth Farms, Inc. (1986) orctapp “DEQ issues notices of civil penalties for violation of field burning permits and may commence enforcement proceedings before EQC under ORS 468.090(2). Here, DEQ charged that petitioner violated OAR 340-26-010(5), which provides: “Any person open field burning under these rules…”
Knee Deep Cattle Co. v. Bindana Investments Co. (1995) ord “ORS 468.090(1) provides that once DEQ becomes aware or has any cause to believe that a person may be violating any condition of their NPDES permit, DEQ shall “by conference, conciliation or persuasion” endeavor to eliminate the source or cause of the pollution.”
Linnton Plywood Ass'n v. Department of Environmental Quality (1984) orctapp “070(3), and enforcement proceedings, ORS 468.090(2), shall be treated as contested cases.”
— Or. Rev. Stat. § 468.090(1) — 1 case
Knee Deep Cattle Co. v. Bindana Investments Co. (1995) ord “ORS 468.090(1) provides that once DEQ becomes aware or has any cause to believe that a person may be violating any condition of their NPDES permit, DEQ shall “by conference, conciliation or persuasion” endeavor to eliminate the source or cause of the pollution.”
— Or. Rev. Stat. § 468.090(2) — 3 cases
ETU, Inc. v. Environmental Quality Commission (2006) orctapp “030; ORS 468.090(2). Pursuant to a rule in effect during the relevant period, DEQ’s director or the director’s authorized delegates were also authorized to prepare and execute default final orders on behalf of EQC when a hearing was not timely requested.”
Department of Environmental Quality v. Hayworth Farms, Inc. (1986) orctapp “DEQ issues notices of civil penalties for violation of field burning permits and may commence enforcement proceedings before EQC under ORS 468.090(2). Here, DEQ charged that petitioner violated OAR 340-26-010(5), which provides: “Any person open field burning under these rules…”
Linnton Plywood Ass'n v. Department of Environmental Quality (1984) orctapp “070(3), and enforcement proceedings, ORS 468.090(2), shall be treated as contested cases.”
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