(2) If the board fails to bring an action to enjoin a violation or threatened violation of any provision of this chapter or any rule adopted or order issued under this chapter, within 60 days after receipt of a written request to do so by any person who is or will be adversely affected by such violation, then the person making such request may bring an action to restrain such violation or threatened violation in any court in which the board might have brought such action. The board shall be made a party defendant in such action in addition to the person or persons bringing the action and the action shall proceed and injunctive relief may be granted without bond in the same manner as if the action had been brought by the board. [1953 c.667 §18; 1979 c.284 §162; 2007 c.672 §17]
Note: Sections 1 to 3, chapter 406, Oregon Laws 2019, provide:
Sec. 1. Section 2 of this 2019 Act is added to and made a part of ORS chapter 520. [2019 c.406 §1]
Sec. 2. (1) A person may not use hydraulic fracturing in the exploration for or the production of oil and gas in this state.
(2) As used in this section, "hydraulic fracturing" means the drilling technique of expanding existing fractures or creating new fractures in rock by injecting water, with or without chemicals, sand or other substances, into or underneath the surface of the rock for the purpose of stimulating oil or gas production. "Hydraulic fracturing" does not mean drilling required for:
(a) Natural gas storage wells;
(b) Geothermal wells or activities related to exploration for geothermal energy; and
(c) Coal bed methane extraction wells in existence as of the effective date of this 2019 Act [June 17, 2019]. [2019 c.406 §2]
Sec. 3. This 2019 Act is repealed on January 2, 2025. [2019 c.406 §3]