2007 ORS 468A.165¹
Compliance with state standards required
  • hearing
  • notice

(1) The Environmental Quality Commission may require that necessary corrective measures be undertaken within a reasonable time if, after hearing, it finds that:

(a) A regional authority has failed to establish an adequate air quality control program within a reasonable time after its formation; or

(b) An air quality control program in force in the territory of a regional authority is being administered in a manner inconsistent with the requirements 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.

(2) Notice of the hearing required under subsection (1) of this section shall be sent to the regional authority not less than 30 days prior to the hearing.

(3) If the regional authority fails to take the necessary corrective measures within the time required, the commission shall undertake a program of administration and enforcement of the air quality control program in the territory of the regional authority. The program instituted by the commission shall supersede all rules, standards and orders of the regional authority.

(4) If, in the judgment of the commission, a regional authority is able to requalify to exercise the functions authorized in ORS 468A.135 (Function of authority), the commission shall restore those functions to the regional authority and shall not exercise the same functions in the territory of the regional authority. [Formerly 449.905 and then 468.565]

Atty. Gen. Opinions

Motor Vehicle Emission Control Inspec­tion Program funding, (1974) Vol 37, p 130

Atty. Gen. Opinions

Retire­ment contribu­tions by Depart­ment of Environ­mental Quality to Multnomah County Retire­ment System for Columbia-Willamette Air Pollu­tion Authority, (1973) Vol 36, p 746

1 Legislative Counsel Committee, CHAPTER 468A—Air Quality, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­468a.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 468A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­468aano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.