Columbia River Gorge

ORS 196.900
Schedule of civil penalties

  • rules
  • factors to be considered in imposing civil penalties


(1)

The Director of the Department of State Lands shall adopt by rule the amount of civil penalty that may be imposed for a particular violation.

(2)

In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors:

(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, orders and permits pertaining to waters of the state.

(c)

The impact of the violation on public interests in fishery, navigation and recreation.

(d)

Any other factors determined by the director to be relevant and consistent with the policy of ORS 196.805 (Policy).

(3)

The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the director determines to be proper and consistent with the policy of ORS 196.805 (Policy). Upon the request of the person incurring the penalty, the director shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. [Formerly 541.685 and then 196.765]
§§ 196.800 to 196.905

(formerly 541.605 to 541.695)

Notes of Decisions

These sections, regulating landfills, are codification of common law public trust doctrine that public use of lands underlying navigable waters may not be substantially modified except for water-related purposes. Morse v. Division of State Lands, 34 Or App 853, 581 P2d 520 (1978), aff'd 285 Or 197, 590 P2d 79 (1979)

Atty. Gen. Opinions

Right of private owner and ports to fill tidelands as subject to public rights, (1971) Vol 35, p 844; state's authority to prevent or control removal by dredging of a privately owned island in a navigable river, (1972) Vol 36, p 285; authority of the legislature to extinguish public rights in navigable waters and to charge a fee therefor, (1973) Vol 36, p 348; authority to issue permit for removal of ocean shore natural products from state recreation areas, (1974) Vol 36, p 807; authority to pay for Removal and Fill Permit Program administration out of Common School Fund, (1980) Vol 40, p 190

Law Review Citations

4 EL 351-355 (1974); 10 EL 675 (1980); 61 OLR 523 (1982); 19 EL 637 (1989); 21 EL 152 (1991)


Source

Last accessed
Jun. 26, 2021