Oregon Statutes - Chapter 468A - Air Quality - Section 468A.165 - Compliance with state standards required; hearing; notice.

(1) The Environmental Quality Commission may require that necessary corrective measures be undertaken within a reasonable time if, after hearing, it finds that:

(a) A regional authority has failed to establish an adequate air quality control program within a reasonable time after its formation; or

(b) An air quality control program in force in the territory of a regional authority is being administered in a manner inconsistent with the requirements of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.

(2) Notice of the hearing required under subsection (1) of this section shall be sent to the regional authority not less than 30 days prior to the hearing.

(3) If the regional authority fails to take the necessary corrective measures within the time required, the commission shall undertake a program of administration and enforcement of the air quality control program in the territory of the regional authority. The program instituted by the commission shall supersede all rules, standards and orders of the regional authority.

(4) If, in the judgment of the commission, a regional authority is able to requalify to exercise the functions authorized in ORS 468A.135, the commission shall restore those functions to the regional authority and shall not exercise the same functions in the territory of the regional authority. [Formerly 449.905 and then 468.565]

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Last modified: August 7, 2008