Or. Admin. Code § 690-020-0310

Current through Register Vol. 63, No. 10, October 1, 2024

Section 690-020-0310 - Requirement to Address Maintenance Actions Need for High or Significant Hazard Dams

(1) If, as a result of an inspection of a Dam that is rated High or Significant Hazard, the Department concludes that Maintenance Actions are needed, the Department shall use the process contained in this section as outlined below.

(2) Upon inspection of a Dam that is rated High or Significant Hazard, the Department shall provide specific written notice in the inspection document, describing the observed condition of the Dam and informing the Dam owner of needed Maintenance Actions. The notice in the inspection document shall inform the Dam owner of the opportunity to meet with the Department concerning the information provided in the inspection document.

(a) Upon request of the Dam owner, the Department may provide more specific information regarding the inspection and the maintenance needs of the Dam.

(b) The Department may evaluate whether Maintenance Actions were completed during the next scheduled inspection of the Dam or sooner, pursuant to OAR 690-020-0260(3).

(3) If, upon inspection of the Dam, the Department determines that the Dam owner has failed to take the necessary Maintenance Actions as identified in the notice of a prior inspection document, the Director may proceed to issue a proposed final order as provided in OAR 690-020-0460 or the Department and the Dam owner may enter into a stipulated corrective plan that provides dates certain by which necessary Maintenance Actions are performed.

(4) A proposed final order may include, but is not limited to, provisions:

(a) Requiring performance of the needed Maintenance Actions identified in the inspection document notice by a date certain as specified by the Department;

(b) An assessment of civil penalties consistent with OAR 690-020-0600.

(5) At any time subsequent to receipt of a proposed final order, the Dam owner may enter into a stipulated corrective plan to resolve the matters asserted in the proposed final order as provided in ORS 183.417.

(6) If the Dam owner performs needed Maintenance Actions to the satisfaction of the Department and consistent with the proposed final order or stipulated corrective plan, the Director may not assess or pursue civil penalties for the matters identified in the proposed final order or stipulated corrective plan.

Or. Admin. Code § 690-020-0310

WRD 3-2020, adopt filed 06/29/2020, effective 7/1/2020

Statutory/Other Authority: ORS 536.027, 540.488

Statutes/Other Implemented: ORS 540.455, 540.467, 540.488