(1) The Department of Environmental Quality shall notify by certified mail any person who owns a lot or parcel upon which a disposal site listed under ORS § 466.365 exists. The notice shall:

Terms Used In Oregon Statutes 466.370

  • City: includes any incorporated village or town. See Oregon Statutes 174.100
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(a) Describe the disposal site and potentially hazardous environmental conditions;

(b) Describe the use restrictions that will be imposed;

(c) Explain that an environmental hazard notice will be sent to the appropriate city or county under ORS § 466.375; and

(d) Advise the person of the procedure for requesting a hearing under subsection (2) of this section.

(2) If any person receiving notice under subsection (1) of this section objects to the use restrictions, the person may request a hearing before the Environmental Quality Commission. The request shall be in writing and must be submitted to the department within 20 days after the person receives the notice under subsection (1) of this section. The hearing shall be conducted according to the provisions for a contested case hearing in ORS § 183.413 to 183.497.

(3) If no hearing is requested within 20 days after receipt of the notice, the department shall file the environmental hazard notice with the appropriate city or county. [1985 c.273 § 4]