2019 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 540 - Distribution and Storage of Water; Watermasters; Water Right Changes, Transfers and Forfeitures
Section 540.461 - Plan and time frame for corrective action; hearing; proposed and final orders.
(1) If the Water Resources Department provides notification to a dam owner under ORS 540.458 stating that the department has concluded that a dam having a significant hazard rating or high hazard rating is unsafe or potentially unsafe, the department may cooperate with dam owner efforts to develop a plan and time frame for corrective action that is agreeable to the department. When determining whether a plan and time frame for corrective action developed by a dam owner is agreeable to the department, the department may consider any relevant information, including, but not limited to, information regarding:
(a) The specific dam;
(b) The efforts and resources of the dam owner; and
(c) The impacts associated with dam failure.
(2) In addition to any other available remedies, the Water Resources Director may issue a proposed final order containing one or more of the provisions described in subsection (3) of this section if:
(a) The department and the dam owner do not agree on a plan and time frame under subsection (1) of this section for corrective action to resolve a condition identified in a notification that was sent by mail under ORS 540.458;
(b) The dam owner has failed to comply with a plan or time frame agreed to under subsection (1) of this section; or
(c) The department concludes, based on inspection or analysis, that the dam is unsafe.
(3) If the director issues a proposed final order under subsection (2) of this section, the director shall provide the dam owner with notice and opportunity for hearing under ORS 183.413 to 183.470. If the notice is provided by mail, the director shall use a form of mail described in ORS 540.458. The proposed final order shall include the specific information and conditions that have caused the department to conclude that the dam is unsafe or potentially unsafe. The proposed final order may also include, but need not be limited to, provisions:
(a) Notifying the dam owner as described in ORS 540.458, if that notification has not been provided.
(b) Requiring that the dam owner consult with an engineer to assess the nature and extent of the conditions specified by the department allegedly indicating that the dam is unsafe or potentially unsafe and, as necessary, to identify specific corrective action.
(c) Specifying commencement and completion dates for any corrective action the department deems necessary to remedy the unsafe or potentially unsafe condition.
(d) Restricting the maximum reservoir level until corrective action has been completed to the satisfaction of the department.
(e) Directing that the dam may not be used for the storage, restraint or conveyance of water until corrective action has been completed to the satisfaction of the department.
(f) If the department concludes that monitoring is necessary to protect life, property or public infrastructure, requiring the installation and use of monitoring equipment at a dam to monitor unsafe or potentially unsafe conditions. If the department requires monitoring, the department shall allow the use of the most economical monitoring equipment sufficient to protect life, property and public infrastructure.
(4) After issuing a proposed final order and allowing an opportunity for hearing, the director may issue a final order as provided under ORS chapter 183.
(5) The department and a dam owner may at any time use informal or alternative means, including but not limited to stipulation, agreed settlement or consent orders, to resolve a matter for which the department has notified the dam owner as described in ORS 540.458. [2019 c.390 §8]
Note: 540.461 becomes operative July 1, 2020. See section 28, chapter 390, Oregon Laws 2019.
