2011 ORS § 468A.055¹
Notice prior to construction of new sources
  • order authorizing or prohibiting construction
  • effect of no order
  • appeal

(1) The Environmental Quality Commission may require notice prior to the construction of new air contamination sources specified by class or classes in its rules or standards relating to air pollution.

(2) Within 30 days of receipt of such notice, the commission may require, as a condition precedent to approval of the construction, the submission of plans and specifications. After examination thereof, the commission may request corrections and revisions to the plans and specifications. The commission may also require any other information concerning air contaminant emissions as is necessary to determine whether the proposed construction is in accordance with the provisions of ORS 448.305 (Special ordinance authority of certain cities), 454.010 (Definitions for ORS 454.010 to 454.040) to 454.040 (Determination of costs payable by users), 454.205 (Municipality defined) to 454.255 (Plans and cost estimates), 454.505 (Definitions for ORS 454.505 to 454.535) to 454.535 (Sewage Treatment Works Construction Account), 454.605 (Definitions for ORS 454.605 to 454.755) to 454.755 (Fees for certain reports on sewage disposal) and ORS chapters 468, 468A and 468B and applicable rules or standards adopted pursuant thereto.

(3) If the commission determines that the proposed construction is in accordance with the provisions of ORS 448.305 (Special ordinance authority of certain cities), 454.010 (Definitions for ORS 454.010 to 454.040) to 454.040 (Determination of costs payable by users), 454.205 (Municipality defined) to 454.255 (Plans and cost estimates), 454.505 (Definitions for ORS 454.505 to 454.535) to 454.535 (Sewage Treatment Works Construction Account), 454.605 (Definitions for ORS 454.605 to 454.755) to 454.755 (Fees for certain reports on sewage disposal) and ORS chapters 468, 468A and 468B and applicable rules or standards adopted pursuant thereto, it shall enter an order approving such construction. If the commission determines that the construction does not comply with the provisions of ORS 448.305 (Special ordinance authority of certain cities), 454.010 (Definitions for ORS 454.010 to 454.040) to 454.040 (Determination of costs payable by users), 454.205 (Municipality defined) to 454.255 (Plans and cost estimates), 454.505 (Definitions for ORS 454.505 to 454.535) to 454.535 (Sewage Treatment Works Construction Account), 454.605 (Definitions for ORS 454.605 to 454.755) to 454.755 (Fees for certain reports on sewage disposal) and ORS chapters 468, 468A and 468B and applicable rules or standards adopted pursuant thereto, it shall notify the applicant and enter an order prohibiting the construction.

(4) If within 60 days of the receipt of plans, specifications or any subsequently requested revisions or corrections to the plans and specifications or any other information required pursuant to this section, the commission fails to issue an order, the failure shall be considered a determination that the construction may proceed except where prohibited by federal law. The construction must comply with the plans, specifications and any corrections or revisions thereto or other information, if any, previously submitted.

(5) Any person against whom the order is directed may, within 20 days from the date of mailing of the order, demand a hearing. The demand shall be in writing, shall state the grounds for hearing and shall be mailed to the Director of the Department of Environmental Quality. The hearing shall be conducted pursuant to the applicable provisions of ORS chapter 183.

(6) The commission may delegate its duties under subsections (2) to (4) of this section to the Director of the Department of Environmental Quality. If the commission delegates its duties under this section, any person against whom an order of the director is directed may demand a hearing before the commission as provided in subsection (5) of this section.

(7) For the purposes of this section, construction includes installation and establishment of new air contamination sources. Addition to or enlargement or replacement of an air contamination source, or any major alteration or modification therein that significantly affects the emission of air contaminants shall be considered as construction of a new air contamination source. [Formerly 468.325; 1993 c.790 §4]