Oregon Revised Statutes Chapter 454 § 454.650 — Inspection in ground water quality management area

Inspection in ground water quality management area. (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