Or. Admin. R. 629-670-0350 - Orders Prohibiting New Operations
(1) The purpose of
this rule is to respond to situations where an operator or landowner has failed
to complete repairs ordered by the State Forester to correct or mitigate
damages resulting from a violation of forest practice rules, or has failed to
pay civil penalties.
(2) If a final
order directing a landowner or an operator to make reasonable efforts to repair
damage or correct an unsatisfactory condition issued under ORS
527.680(2)(b)
has not been complied with within the time specified by the order, the State
Forester may issue an additional order that prohibits the landowner or operator
from conducting any new operations on any forestland in Oregon until:
(a) The repairs are completed or the
unsatisfactory condition is corrected to the satisfaction of the State
Forester; or
(b) The order to
prohibit conducting new operations has been revoked or modified following an
appeal under the procedures of ORS
527.700.
(3) If a final order issued to a landowner or
an operator under ORS
527.687 imposing civil penalties
has not been complied with within the time specified by the order, the State
Forester may issue an additional order that prohibits the landowner or operator
from conducting any new operations on any forestland in Oregon until:
(a) The civil penalty payment is received by
the State Forester; or
(b) The
order to prohibit conducting new operations has been revoked or modified
following an appeal under the procedures of ORS
527.700.
(4) The intent of an order issued under the
provisions of section (2) or section (3) prohibiting a landowner or operator
from conducting new operations is to compel timely compliance by the operator
with either an order to repair damage or correct an unsatisfactory condition or
a final order requiring payment of a civil penalty. Orders may be issued in
addition to any other remedy available to the State Forester under statute or
rule to compel compliance. Orders may be issued when, in the opinion of the
State Forester, the other available remedies would likely be less effective in
compelling compliance in a timely manner.
(5) For the purpose of this rule, "new
operation" means any operation requiring notification to the State Forester
under the provisions of OAR 629-605-0140 and 629-605-0150 for which a
notification has not been received by the State Forester, or, if a notification
has been received, operation activity has not started before an order
prohibiting new operations is issued under sections (2) or (3) of this rule to
the landowner or operator.
Notes
Statutory/Other Authority: ORS 527.710 & 526.016
Statutes/Other Implemented: ORS 527.680
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