Or. Admin. Code § 345-027-0355

Current through Register Vol. 63, No. 12, December 1, 2024

Section 345-027-0355 - Written Evaluations for Changes Not Requiring Amendment

(1) For a proposed change that would add area to the site boundary, see OAR 345-027-0357(1). For a proposed change to the facility that does not include adding area to the site boundary, the certificate holder may evaluate OAR 345-027-0350 and 345-027-0353 and conclude that the proposed change does not require an amendment. If the certificate holder concludes that a proposed change to the facility does not require an amendment to the site certificate, the certificate holder must complete a written evaluation if the change:

(a) Could be included in and governed by the site certificate, but the certificate holder has concluded the change is not described in OAR 345-027-0350; or

(b) Is exempt from requiring an amendment under OAR 345-027-0353.

(2) The written evaluation must explain why an amendment is not required, must be completed before implementing any change, and must be included in the next semiannual construction progress report or the Facility Modification Report required under OAR 345-026-0080. The written evaluation must be retained for the life of the facility.

(3) The Department may, at any time, inspect the changes made to the facility and may inspect the certificate holder's written evaluation concluding that the change did not require an amendment.

(4) When the certificate holder implements a change without an amendment, the Department may initiate an enforcement action as described in Division 29 if the Department determines the change required an amendment to the site certificate.

Or. Admin. Code § 345-027-0355

EFSC 9-2019, temporary adopt filed 08/22/2019, effective 8/22/2019through 2/17/2020; EFSC 1-2020, adopt filed 01/28/2020, effective 1/28/2020

Statutory/Other Authority: ORS 469.470

Statutes/Other Implemented: ORS 469.405