(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)$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.
Rule 345-029-0060 — Civil Penalties,