Oregon Department of Energy, Energy Facility Siting Council

Rule Rule 345-029-0505
Definitions for OAR 345-029-0503 through 345-029-0560


As used in OAR 345-029-0503 (Applicability of OAR 345-029-0505 through 345-029-0560) through 345-029-0560 (Calculation of Civil Penalty Amount), the following definitions apply:

(1)

“Compliance audit” means an audit conducted as part of an ongoing program established by the responsible party to evaluate and ensure compliance with applicable rules, statutes, or Radioactive Materials Transport Permit requirements.

(2)

“Director” means the Director of the Oregon Department of Energy, or Department staff authorized to implement these rules under the Director’s authority.

(3)

“Reckless” means the responsible party consciously disregarded a substantial and unjustifiable risk that the result would occur or that the circumstance existed. The risk must be of such a nature and degree that disregarding that risk constituted a gross deviation from the standard of care a reasonable person would observe in that situation.

(4)

“Responsible party” means any person subject to the provisions of:

(a)

ORS 469.525 (Radioactive waste disposal facilities prohibited) or OAR chapter 345, division 050; or

(b)

ORS 469.603 (Intent to regulate transportation of radioactive material) through 469.619 (State Department of Energy to make federal regulations available) or OAR chapter 345, division 060.

(5)

“Violation” means a transgression of any statute, rule, order, license, permit, permit attachment, or any part thereof and includes both acts and omissions.

(6)

“Willful” means the responsible party had a conscious objective to cause the result of the conduct and the respondent knew or had reason to know that the result was not lawful.
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Last accessed
Jun. 8, 2021