(2) If a toxics user fails to complete an adequate plan, implement an adequate system or submit an adequate implementation summary, the department may notify the toxics user of the inadequacy, identifying the specific deficiencies. The department also may specify a reasonable time frame, of not less than 90 days, within which the toxics user shall modify the plan, system or implementation summary to address the specified deficiencies. The department also may make technical assistance available to aid the toxics user in modifying its plan, system or implementation summary.
(3) If the department determines that a modified plan, system or implementation summary is inadequate, the department may require that further modifications be made within a time frame specified by the department.
(4) If after having received notice of specified deficiencies from the department, a toxics user fails to develop an adequate plan, system or summary within a time frame specified pursuant to subsection (2) or (3) of this section, the department may assess a civil penalty in the manner provided by ORS 183.745 in an amount not to exceed $500 for each day that the toxics user fails to develop an adequate plan, system or summary.
(5) In reviewing the adequacy of any plan, system or summary, the department shall base its determination solely on whether the plan, system or summary is complete and prepared in accordance with ORS 465.015 or 465.032. [1989 c.833 §9; 2005 c.206 §8]
Structure 2021 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Chapter 465 - Hazardous Waste and Hazardous Materials I
Section 465.003 - Definitions for ORS 465.003 to 465.034.
Section 465.027 - Contract for assistance with higher education institution.
Section 465.032 - Form of implementation summary; information required.
Section 465.034 - Application of ORS 465.003 to 465.034.
Section 465.101 - Definitions for ORS 465.101 to 465.131.
Section 465.112 - Amounts held in trust; enforcement.
Section 465.117 - Records of petroleum products transactions; inspection by Department of Revenue.
Section 465.200 - Definitions for ORS 465.200 to 465.545.
Section 465.205 - Legislative findings.
Section 465.210 - Authority of department for removal or remedial action.
Section 465.215 - List of facilities with confirmed release.
Section 465.220 - Comprehensive statewide identification program; notice.
Section 465.230 - Removal of facilities from inventory; criteria.
Section 465.260 - Removal or remedial action; reimbursement of costs; liability; damages.
Section 465.270 - Legislative findings and intent.
Section 465.275 - Remedial action and financial assistance program; contracts for implementation.
Section 465.285 - Requirements for financial assistance; contents of agreements.
Section 465.330 - State remedial action costs; payment; effect of failure to pay.
Section 465.335 - Costs, penalties and damages as lien; enforcement of lien.
Section 465.340 - Contractor liability; indemnification.
Section 465.375 - Monthly fee of operators; amount; use of moneys.
Section 465.376 - Special hazardous waste management fees; use of fees.
Section 465.400 - Rules; designation of hazardous substance.
Section 465.405 - Rules; "confirmed release"; "preliminary assessment."
Section 465.420 - Remedial Action Advisory Committee.
Section 465.430 - Legislative findings.
Section 465.435 - Rules relating to exemption from liability for security interest holder.
Section 465.475 - Definitions for ORS 465.475 to 465.484.
Section 465.481 - General liability insurance policies; assignment.
Section 465.483 - General liability insurance policies; duty to defend; environmental consultants.
Section 465.507 - Dry cleaning advisory group.
Section 465.517 - Annual fee and gross revenue fee for dry cleaning facilities.
Section 465.520 - Fee on sale or transfer of dry cleaning solvent; exemption.
Section 465.523 - Fee on use of dry cleaning solvent.
Section 465.525 - Calculation of fee for partial gallons; refund or credit.
Section 465.536 - Late charges; enforcement by Department of Revenue.
Section 465.545 - Suspension of dry cleaning fees; recommendation to Legislative Assembly.
Section 465.550 - Definitions for ORS 465.550 and 465.555.
Section 465.600 - Definitions for ORS 465.600 to 465.621.
Section 465.603 - Procedure to create public authority.
Section 465.606 - Board of directors; rules; quorum; personnel.
Section 465.609 - General powers; advisory committees; notice of land disposition; report.
Section 465.612 - Obligations of authority not obligations of local government; exception.
Section 465.615 - Exemption from taxation.
Section 465.618 - Remedial action costs; recovery.
Section 465.621 - Dissolution.
Section 465.900 - Civil penalties for violation of removal or remedial actions.