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Oregon Revised Statutes

Or. Rev. Stat. § 468.100 (2026)

Enforcement procedures; powers of regional authorities; status of procedures

✓ current as of May 2026 Cite as: Or. Rev. Stat. § 468.100 (2026)
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      468.100 Enforcement procedures; powers of regional authorities; status of procedures. (1) Whenever the Environmental Quality Commission has good cause to believe that any person is engaged or is about to engage in any acts or practices which constitute a violation of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B, or any rule, standard or order adopted or entered pursuant thereto, or of any permit issued pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B, the commission may institute actions or proceedings for legal or equitable remedies to enforce compliance thereto or to restrain further violations.

      (2) The proceedings authorized by subsection (1) of this section may be instituted without the necessity of prior agency notice, hearing and order, or during said agency hearing if it has been initially commenced by the commission.

      (3) A regional authority formed under ORS 468A.105 may exercise the same functions as are vested in the commission by this section insofar as such functions relate to air pollution control and are applicable to the conditions and situations of the territory within the regional authority. The regional authority shall carry out these functions in the manner provided for the commission to carry out the same functions.

      (4) The provisions of this section are in addition to and not in substitution of any other civil or criminal enforcement provisions available to the commission or a regional authority. The provisions of this section shall not prevent the maintenance of actions for legal or equitable remedies relating to private or public nuisances brought by any other person, or by the state on relation of any person without prior order of the commission. [1973 c.826 §2; 1979 c.284 §153]

 

      468.105 [Repealed by 1974 c.36 §28]

Notes of Decisions
Cited in 3 cases, 1976–1995 · leading case: Lunda v. Matthews
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Lunda v. Matthews (1980) orctapp · cites it 2× “Conformance with pollution standards does not preclude a suit in private nuisance, ORS 468.100(4); 3 Renken v. Harvey Aluminum (Incorporated), supra, 266 F Supp at 175-76.”
Smejkal v. Empire Lite-Rock, Inc. (1976) or “It should be noted that ORS 468.100(4) specifically provides that the enforcement powers of the Environmental Quality Commission (the successor to the Sanitary Authority, Oregon Laws 1969, Chapter 593) do not preclude the bringing of actions or suits by a person on account of a…”
Knee Deep Cattle Co. v. Bindana Investments Co. (1995) ord “ORS 468.100; 135. The amount of those penalties shall be determined pursuant to a schedule of penalties and certain aggravating and mitigating factors.”
— Or. Rev. Stat. § 468.100(4) — 2 cases
Lunda v. Matthews (1980) orctapp “Conformance with pollution standards does not preclude a suit in private nuisance, ORS 468.100(4); 3 Renken v. Harvey Aluminum (Incorporated), supra, 266 F Supp at 175-76.”
Smejkal v. Empire Lite-Rock, Inc. (1976) or “It should be noted that ORS 468.100(4) specifically provides that the enforcement powers of the Environmental Quality Commission (the successor to the Sanitary Authority, Oregon Laws 1969, Chapter 593) do not preclude the bringing of actions or suits by a person on account of a…”
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