- (1) An owner or operator of a facility listed on the Confirmed Release List or Inventory, or any other person adversely affected by the listing, may request the Director to remove a facility from the Confirmed Release List or Inventory. The Department may propose to remove a facility on its own initiative.
(2)
(a) The owner, operator, or other person requesting that a facility be removed from the Confirmed Release List or the Inventory shall submit a written petition to the Director setting forth the basis for such request. The petition shall include sufficient information and documentation to support a determination that:
- (A) The petitioner is an owner, operator, or person adversely affected by the listing; and
- (B) The facility meets the respective criteria for delisting from the Confirmed Release List or from the Inventory set forth in OAR 340-122-0079(1).
- (b) A petition to remove from the Confirmed Release List or from the Inventory a facility for which a delisting petition has previously been denied shall demonstrate new information or changed circumstances to support the request.
Statutory/Other Authority
ORS 465.400(1), 465.405 & 468.020
Statutes/Other Implemented
ORS 465.200 - 455, 465.900, 466.706 - 835 & 466.895
History
DEQ 2-1997, f. & cert. ef. 2-7-97, Renumbered from 340-122-0460
DEQ 29-1990, f. & cert. ef. 7-13-90