OAR 345-029-0060
Civil Penalties
(1)
Following the responsible party’s response to the notice of violation described under OAR 345-029-0040 (Response to Notice of Violation), and any enforcement conference, the Department may assess a civil penalty for a Class I violation. The Department must determine the amount of the civil penalty, if any, as follows:(a)
Base amount:(A)
$1000 per day from the date of discovery for a violation of site certificate terms or conditions or violation of a Department order as described in OAR 345-027-0230 (Review of a Request for Approval), or $2000 per day from the date of discovery for such violation if the Department finds that substantially the same violation occurred within the preceding 36 months; or(B)
$2000 per day from the date of discovery for a violation of an enforcement order of the Council, or $5000 per day from the date of discovery for such violation if the Department finds that substantially the same violation occurred within the preceding 36 months;(b)
The Department may multiply the base amount by a factor of:(A)
3.0 if the Department finds the violation was intentional or reckless; or(B)
5.0 if the Department finds the violation was intentional or reckless and the violation involved a requirement relating to public health, safety or the environment;(c)
The Department may multiply the base amount by either or both of the following factors:(A)
0.75 if the responsible party corrected the violation within the time required to respond to the notice of violation and the responsible party has submitted a plan adequate to minimize the possibility of recurrence; and(B)
0.8 if the responsible party reported the conditions or circumstances of the violation as a result of a compliance audit; and(d)
The Department may not reduce the base amount under subsection (c) above if the Department determines an increase in the base amount is warranted under subsection (b).(2)
In a notice of assessment of the civil penalty, the Department must include:(a)
An analysis of the violations in light of the criteria described in section (1);(b)
The amount of the assessment;(c)
A proposed order assessing the civil penalty; and(d)
A statement of the responsible party’s right to a contested case proceeding as provided for in OAR 345-029-0070 (Contested Case Proceeding).(3)
The Department must serve the notice of assessment of civil penalty by personal service and by certified or registered mail.
Source:
Rule 345-029-0060 — Civil Penalties, https://secure.sos.state.or.us/oard/view.action?ruleNumber=345-029-0060.