Or. Admin. R. 340-218-0240

Current through Register Vol. 63, No. 6, June 1, 2024

Section 340-218-0240 - Enforcement

(1) Whenever it appears to DEQ that any activity in violation of a permit that results in air pollution or air contamination is presenting an imminent and substantial endangerment to the public health, DEQ may enter a cease and desist order pursuant to ORS 468.115 or seek injunction relief pursuant to 468.100.

(2)

(a) Whenever DEQ has good cause to believe that any person is engaged in or about to engage in acts or practices that constitute a violation of any part of the stationary source air permitting rules or any provision of a permit issued pursuant to these rules, DEQ may seek injunctive relief in court to enforce compliance thereto or to restrain further violations;

(b) The proceedings authorized by subsection (a) may be instituted without the necessity of prior agency revocation of the permit or during a permit revocation proceeding if one has been commenced.

(3) In addition to the enforcement authorities contained in sections (1) and (2) and any other penalty provided by law, any person who violates any of the following will incur a civil penalty as authorized under ORS 468.140 and established pursuant to OAR 340 division 12:

(a) Any applicable requirement;

(b) Any permit condition;

(c) Any fee or filing requirements;

(d) Any duty to allow or carry out inspection, entry or monitoring activities; or

(e) Any rules or orders issued by DEQ.

Or. Admin. R. 340-218-0240

DEQ 12-1993, f. & cert. ef. 9-24-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2320; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4/16/2015; DEQ 19-2022, amend filed 11/18/2022, effective 3/1/2023

Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.310

Statutes/Other Implemented: ORS 468 & 468A