Investigation of complaints
- • hearing
- • order
Investigation of complaints; hearing; order.
(1) The Department of Environmental Quality shall investigate any complaint made to it by any person that the operation of any PCB disposal facility is unsafe or that the operation is in violation of a condition of the operator’s permit or any provisions of ORS 466.025 (Duties of commission) to 466.065 (Applicant for renewal to comply with ORS 466.055 and 466.060), 466.250 (Definition of “PCB disposal facility”), 466.255 (Disposal of PCB restricted) (2) and (3) and 466.260 (Duties of department) to 466.340 (Restrictions on treatment or disposal of PCB at facility) or the rules adopted under ORS 466.025 (Duties of commission) to 466.065 (Applicant for renewal to comply with ORS 466.055 and 466.060), 466.250 (Definition of “PCB disposal facility”), 466.255 (Disposal of PCB restricted) (2) and (3) and 466.260 (Duties of department) to 466.350 (Post-closure permit). Upon receiving a complaint, the department shall furnish a copy of the complaint to the person holding the permit to operate the PCB disposal facility.
(2) If, after making an investigation under subsection (1) of this section, the department is satisfied that sufficient grounds exist to justify a hearing upon the complaint, it shall give 10 days’ written notice of the time and place of the hearing and the matters to be considered at the hearing. Both the complainant and the respondent are entitled to be heard, produce evidence and offer exhibits and to require the attendance of witnesses at the hearing.
(3) An administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605 (Office of Administrative Hearings) shall hear the matter. Within 30 days after the date of the hearing and after considering all evidence and testimony submitted, the Environmental Quality Commission shall make a specific order as it considers necessary. Any order issued by the commission under this subsection shall be subject to judicial review in the manner provided by ORS 183.480 (Judicial review of agency orders) for judicial review of orders in contested cases. The costs of reporting and of transcribing the hearing for the purpose of judicial review shall be paid by the party seeking judicial review. [1985 c.670 §24; 1987 c.540 §45; 1999 c.849 §§96,97; 2003 c.75 §40]
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