Or. Admin. R. 340-122-0110

Current through Register Vol. 63, No. 5, May 1, 2024

Section 340-122-0110 - Administrative Record

(1) For purposes of the Director's selection of a removal or remedial action, and enforcement, cost recovery, or review, if any, related to the Director's action, the administrative record shall consist of the following types of documents generated for a facility up to the time of the Director's action:

(a) Factual information, data, and analyses that form a basis for the Director's action;

(b) The Preliminary Assessment and Remedial Investigational and Feasibility Study, as applicable;

(c) Orders, consent decrees, settlement agreements, work plans, and other decision documents;

(d) Guidance documents and technical literature that form a basis for the Director's action; and

(e) Public comments and other information received by the Department prior to the Director's action, and Department responses to significant comments.

(2) Unless expressly designated part of the administrative record by the Director, the administrative record shall not include:

(a) Draft documents and internal memoranda;

(b) Documents relating to the liability of persons potentially liable under ORS 465.255;

(c) Documents relating to state remedial action costs; and

(d) Documents privileged under law or confidential under ORS 192.501 or 192.502.

Or. Admin. R. 340-122-0110

DEQ 26-1988, f. & cert. ef. 9-16-88; DEQ 29-1990, f. & cert. ef. 7-13-90

Stat. Auth.: ORS 465.400(1), ORS 465.405, ORS 466 & ORS 468.020

Stats. Implemented: ORS 465.200 - ORS 465.455, ORS 465.900, ORS 466.706 - ORS 466.835 & ORS 466.895