This text of Oregon § 454.650 (Inspection in ground water quality management area) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)After a declaration of a ground water quality management area under ORS 468B.180, if the best available information indicates that a residential subsurface sewage disposal system or alternative sewage disposal system may be a significant contributing source of contamination to the area, the Department of Environmental Quality or a contract agent may, subject to subsection (2) of this section, enter on to private property at reasonable times to inspect the residential subsurface sewage disposal system or alternative sewage disposal system. (2)(a) Before carrying out an inspection under this section, the department or contract agent shall give notice to the property owner and any tenant residing at the property that an inspection is authorized under this section and take reasonable steps
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(1) After a declaration of a ground water quality management area under ORS 468B.180, if the best available information indicates that a residential subsurface sewage disposal system or alternative sewage disposal system may be a significant contributing source of contamination to the area, the Department of Environmental Quality or a contract agent may, subject to subsection (2) of this section, enter on to private property at reasonable times to inspect the residential subsurface sewage disposal system or alternative sewage disposal system.
(2)(a) Before carrying out an inspection under this section, the department or contract agent shall give notice to the property owner and any tenant residing at the property that an inspection is authorized under this section and take reasonable steps to arrange a convenient time for the inspection with the property owner and resident, as applicable. The notice must provide information regarding resources and technical assistance available to the property owner to address a malfunctioning subsurface sewage disposal system or alternative sewage disposal system.
(b) If the property owner or tenant refuses to allow entry pursuant to this section after receiving notice, and after reasonable efforts by the department or contract agent to arrange a convenient time for inspection, the department or contract agent may request the Attorney General to seek from a court of competent jurisdiction an order requiring the property owner or tenant to allow entry.
(3) If the department determines that a subsurface sewage disposal system or an alternative sewage disposal system inspected under subsection (1) of this section is being operated or maintained in violation of any rule adopted pursuant to ORS 454.625, the department shall give written notice of the violation to the person in control of the system as provided in ORS 454.635.
(4) In addition to the requirements of ORS 454.635:
(a) A notice resulting from an inspection under this section must be accompanied by information regarding resources and technical assistance available to the property owner to remedy the violation; and
(b) The period of time for taking remedial action, as provided in the order described in ORS 454.635 (3), must be reasonable and take into account any resources or technical assistance available to the property owner.
(5) The department may not impose a civil penalty for a violation of any rule adopted under ORS 454.625 as a result of an inspection carried out under this section unless:
(a) The period for remedying the violation provided in the order described in ORS 454.635 (3) has lapsed; and
(b) Notice of the violation complied with ORS 454.635 and subsection (4) of this section.
(6) The department shall grant an extension of the time for the person receiving the notice to take remedial action if the following conditions are met:
(a) The person against which the civil penalty would be issued meets the definition of a low income household as defined in ORS 456.270; and
(b) The person is eligible for and has applied for financial assistance to remedy the violation and:
(A) The application was denied due to lack of available funds or resources; or
(B) The application is pending and may be approved.