2013 ORS § 465.320¹
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 (Removal or remedial action) (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 (Agreement to perform removal or remedial action) or providing a release from liability under ORS 465.327 (Agreement to release party from potential liability to facilitate cleanup and reuse of property) 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 States 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 (Agreement to release party from potential liability to facilitate cleanup and reuse of property) 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 (Agreement to release party from potential liability to facilitate cleanup and reuse of property) 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]