OAR 690-260-0080
Adjustments to Schedule of Civil Penalties
(1)
In addition to the repeat factor listed in OAR 690-260-0070 (Schedule of Civil Penalties)(2), the Director shall consider:(a)
The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation;(b)
Any prior violations of statutes, rules or orders pertaining to water use;(c)
The economic and financial conditions of the person incurring the penalty, including any financial gains resulting from the violation; and(d)
The immediacy and extent to which the violation threatens other rights to the use of water or the public health or safety or the public interest in the waters of this state. The Director may consider any other relevant factor, when imposing a civil penalty.(2)
If the Director finds that the financial gain of non-compliance exceeds the dollar value of the penalty calculated from the formula, the Director may increase the penalty to equal the financial gain, as long as the increased penalty does not exceed $5,000 for each violation.(3)
The Director may recommend that the Commission reduce or remit a civil penalty if appropriate and consistent with the protection of the public interest in the waters of this state.(4)
In any contested case proceeding or settlement in which a person or agency receiving a civil penalty has raised economic condition as a reason to reduce the penalty, the person or agency has the burden of proof to provide evidence concerning economic condition.
Source:
Rule 690-260-0080 — Adjustments to Schedule of Civil Penalties, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-260-0080.