(a) Investigate, hold hearings, make orders and take action, as provided in ORS 196.600 to 196.921, as soon as possible.
(b) For the purpose of investigating conditions relating to the removal or filling, through the employees or the duly authorized representatives of the Department of State Lands, enter at reasonable times upon any private or public property.
(c) Conduct public hearings in accordance with ORS chapter 183.
(d) Publish findings and recommendations as they are developed relative to public policies and procedures necessary for the correction of conditions or violations of ORS 196.600 to 196.921.
(e) Give notice of any proposed order relating to a violation by personal service or by mailing the notice by registered or certified mail to the person affected. Any person aggrieved by a proposed order of the director may request a hearing within 20 days of the date of personal service or mailing of the notice. Hearings shall be conducted under the provisions of ORS chapter 183 applicable to contested cases, and judicial review of final orders shall be conducted in the Court of Appeals according to ORS 183.482. If no hearing is requested or if the party fails to appear, a final order shall be issued upon a prima facie case on the record of the agency.
(f) Take appropriate action for the enforcement of any rules or final orders. Any violation of ORS 196.600 to 196.921 or of any rule or final order of the director under ORS 196.600 to 196.921 may be enjoined in civil abatement proceedings brought in the name of the State of Oregon. In any such proceedings the director may seek and the court may award a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from the violation. Proceedings thus brought by the director shall set forth if applicable the dates of notice and hearing and the specific rule or order of the director, together with the facts of noncompliance, the facts giving rise to the public nuisance, and a statement of the damages to any public right of navigation, fishery or recreation, if any, resulting from the violation.
(2)(a) In addition to the administrative action the director may take under subsection (1) of this section, the director may enter an order requiring any person to cease and desist from any violation if the director determines that the violation presents an imminent and substantial risk of injury, loss or damage to water resources.
(b) An order under this subsection:
(A) May be entered without prior notice or hearing.
(B) Shall be served upon the person by personal service or by registered or certified mail.
(C) Shall state that a hearing will be held on the order if a written request for hearing is filed by the person subject to the order within 10 days after receipt of the order.
(D) May not be stayed during the pendency of a hearing conducted under paragraph (c) of this subsection.
(c) If a person subject to an order under this subsection files a timely demand for hearing, the director shall hold a contested case hearing according to the applicable provisions of ORS chapter 183. If the person fails to request a hearing, the order shall be entered as a final order upon prima facie case made on the record of the agency.
(d) Neither the director nor any duly authorized representative of the department shall be liable for any damages a person may sustain as a result of a cease and desist order issued under this subsection.
(e) The state and local police shall cooperate in the enforcement of any order issued under this subsection and shall require no further authority or warrant in executing or enforcing the order. If any person fails to comply with an order issued under this subsection, the circuit court of the county in which the violation occurred or is threatened shall compel compliance with the director’s order in the same manner as with an order of that court.
(3) As used in this section, "violation" means removing material from or placing fill in any of the waters of this state without a permit or in a manner contrary to the conditions set out in a permit issued under ORS 196.825. [Formerly 541.650 and then 196.725; 2007 c.71 §66; 2007 c.849 §16]
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill
Section 196.105 - Definitions for ORS 196.105 to 196.125.
Section 196.110 - Land use regulation in Columbia River Gorge National Scenic Area.
Section 196.115 - Appeal from decision of Columbia River Gorge Commission or county.
Section 196.125 - Buffer by regulation around Columbia River Gorge National Scenic Area prohibited.
Section 196.150 - Compact provisions.
Section 196.160 - Membership on Columbia River Gorge Commission.
Section 196.165 - Status of commission employees for purposes of certain benefits.
Section 196.175 - Pacific Ocean Resources Compact ratified.
Section 196.180 - Compact provisions.
Section 196.185 - Representation on compact.
Section 196.200 - Definitions for ORS 196.200 to 196.240 and 196.993.
Section 196.210 - Membership of authority.
Section 196.215 - Executive director; status of director and employees.
Section 196.220 - Powers and duties of authority.
Section 196.225 - Creation of tax-exempt entity by authority.
Section 196.230 - Revenue bonds issued by authority.
Section 196.235 - Financing agreements.
Section 196.240 - Audits; report to Legislative Assembly.
Section 196.405 - Definitions for ORS 196.405 to 196.515.
Section 196.408 - Duties of state agencies.
Section 196.410 - Legislative findings for offshore oil and gas leasing.
Section 196.415 - Legislative findings for ocean resources management.
Section 196.425 - Oregon Ocean Resources Management Program.
Section 196.435 - Primary agency for certain federal purposes; restrictions.
Section 196.438 - Ocean Policy Advisory Council; members; term of office; quorum.
Section 196.443 - Duties of council.
Section 196.448 - Member compensation; meetings.
Section 196.453 - Project review panels; guidelines.
Section 196.465 - Compatibility of acknowledged comprehensive plans.
Section 196.471 - Territorial Sea Plan review requirements.
Section 196.485 - State agency coordination requirements; incorporation of plans.
Section 196.540 - Marine reserves; rules.
Section 196.545 - Work plan; use of data and recommendations.
Section 196.555 - Reporting; rules.
Section 196.565 - Oregon Ocean Science Trust; members; terms; compensation and expenses; rules.
Section 196.566 - Trust duties.
Section 196.567 - Oregon Ocean Science Fund; sources; uses.
Section 196.568 - Reimbursement from fund.
Section 196.573 - Council duties; biennial report.
Section 196.580 - Liaison program duties.
Section 196.583 - Requirement to share geological data regarding territorial sea floor.
Section 196.600 - Definitions for ORS 196.600 to 196.655.
Section 196.610 - Powers of Director of Department of State Lands; fees.
Section 196.615 - Program for mitigation banks; program standards and criteria; rules.
Section 196.623 - Watershed enhancement project as mitigation bank; sale of mitigation credit.
Section 196.625 - Fill and removal activities in mitigation banks; reports.
Section 196.635 - Director to consult and cooperate with other agencies and interested parties.
Section 196.640 - Oregon Removal-Fill Mitigation Fund; rules.
Section 196.645 - Sources of fund.
Section 196.650 - Use of fund.
Section 196.655 - Report on Oregon Removal-Fill Mitigation Fund; contents.
Section 196.668 - Legislative findings.
Section 196.674 - Statewide Wetlands Inventory; rules.
Section 196.678 - Wetland conservation plans; contents; procedure for adopting.
Section 196.682 - Permits required for removal or fill; conditions on issuance of permit.
Section 196.686 - Acknowledged estuary management plans; review and approval; hearings; final order.
Section 196.687 - Regulation of alteration or fill of artificially created wetlands.
Section 196.688 - Public information program.
Section 196.800 - Definitions for ORS 196.600 to 196.921.
Section 196.810 - Permit for removal of material from or fill of waters; rules.
Section 196.812 - Large woody debris; rules.
Section 196.815 - Application for permit; rules; fees; disposition of fees.
Section 196.817 - General permits; rules.
Section 196.818 - Wetland delineation reports; review by Department of State Lands; fees; rules.
Section 196.860 - Enforcement powers of director.
Section 196.870 - Abatement proceedings; restraining order; injunction; public compensation.
Section 196.885 - Annual report of fill and removal activities; contents of report.
Section 196.895 - Imposition of civil penalties.
Section 196.906 - Legislative findings and declarations.
Section 196.909 - Definitions.
Section 196.911 - Maintenance without permit; applicability; notice.
Section 196.913 - Prohibitions; conditions.
Section 196.917 - Notice of violation; reasonable efforts to induce voluntary compliance.
Section 196.919 - Memoranda of understanding.
Section 196.921 - Applicability; rules.
Section 196.990 - Penalties for unpermitted removal from or filling of waters.
Section 196.993 - Penalties for unauthorized use of Willamette Falls Locks.