ORS 459.995
Civil penalties


(1)

Except as provided in subsection (2) of this section, in addition to any other penalty provided by law:

(a)

Any person who violates ORS 459.205 (Permit required), 459.270 (Renewal of permit prior to proposed closure of disposal site), 459.272 (Evidence of financial assurance for land disposal site), 459.386 (Definitions for ORS 459.386 to 459.405) to 459.405 (Transport of infectious waste), 459.705 (Definitions for ORS 459.705 to 459.790) to 459.790 (Exceptions to ORS 459.705 to 459.785), 459A.005 (“Opportunity to recycle” defined) to 459A.620 (Use of compost or sewage sludge by state agencies given priority), 459A.310 (Applicability to manufacturers) to 459A.335 (Requirements for sale of covered electronic devices by retailers), 459A.675 (Definitions for ORS 459A.675 to 459A.685) to 459A.685 (Prohibition on manufacture of rigid plastic bottles or containers without label) or 646A.080 (Sale of novelty item containing mercury), or any rule or order of the Environmental Quality Commission pertaining to the disposal, collection, storage or reuse or recycling of solid wastes, as defined by ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665), or any rule or order pertaining to the disposal, storage or transportation of waste tires, as defined by ORS 459.705 (Definitions for ORS 459.705 to 459.790), or any rule or order pertaining to the sale of novelty items that contain encapsulated liquid mercury, incurs a civil penalty not to exceed $25,000 per day for each day of the violation.

(b)

Any person who violates the provisions of ORS 459.420 (Permitted lead-acid battery disposal) to 459.426 (Notice to customers) incurs a civil penalty not to exceed $500 for each violation. Each battery that is disposed of improperly is a separate violation. Each day an establishment fails to post the notice required under ORS 459.426 (Notice to customers) is a separate violation.

(c)

For each day a city, county or metropolitan service district fails to provide the opportunity to recycle as required under ORS 459A.005 (“Opportunity to recycle” defined), the city, county or metropolitan service district incurs a civil penalty not to exceed $500 for each violation.

(d)

Any person who violates the provisions of ORS 459.247 (Prohibition on disposal of certain solid waste at disposal site) (1)(f) incurs a civil penalty not to exceed $500 for each violation. Each covered electronic device that is disposed of improperly is a separate violation.

(e)

Any retailer that violates the provisions of ORS 459A.825 (Participation in architectural paint stewardship program) (1) or (2)(b) incurs a civil penalty not to exceed $100 per day for each day of the violation.

(f)

Any producer that violates the provisions of ORS 459A.825 (Participation in architectural paint stewardship program) (1) incurs a civil penalty not to exceed $1,000 per day for each day of the violation.

(g)

Any stewardship organization that violates the provisions of ORS 459A.825 (Participation in architectural paint stewardship program) (2)(a), 459A.827 (Plan for architectural paint stewardship program), 459A.830 (Collection system for post-consumer architectural paint) to 459A.837 (Notification regarding changes to architectural paint stewardship program) or 459A.842 (Reports by stewardship organizations) incurs a civil penalty not to exceed $1,000 per day for each day of the violation.

(2)

Any product manufacturer or package manufacturer who violates ORS 459A.650 (Definitions for ORS 459A.650 to 459A.665) to 459A.665 (Opportunity to recycle rigid plastic containers) or any rule adopted under ORS 459A.650 (Definitions for ORS 459A.650 to 459A.665) to 459A.665 (Opportunity to recycle rigid plastic containers) incurs a civil penalty not to exceed $1,000 per day for each day of the violation. A violation of ORS 459A.650 (Definitions for ORS 459A.650 to 459A.665) to 459A.665 (Opportunity to recycle rigid plastic containers) is not subject to additional penalties under subsection (1) of this section.

(3)

Any civil penalty authorized by subsection (1) or (2) of this section shall be imposed in the manner provided by ORS 468.135 (Imposition of civil penalties). [1973 c.835 §130; 1977 c.317 §1; 1981 c.709 §18; 1983 c.703 §16; 1983 c.729 §18; 1983 c.766 §9; subsections (2) and (3) renumbered 466.880; 1987 c.706 §19; 1989 c.290 §7; 1989 c.763 §14; 1991 c.385 §§14,90; 1991 c.650 §3; 1991 c.653 §8; 1991 c.734 §32; 1991 c.882 §13; 1993 c.18 §115; 1993 c.526 §11; 1993 c.560 §73; 1995 c.584 §5; 2001 c.924 §8; 2007 c.302 §§16,17; 2009 c.267 §§1,2; 2013 c.677 §§13,14]
Chapter 459

Atty. Gen. Opinions

Power of department to regulate mining activities or recovery of oil and geothermal resources, (1972) Vol 35, p 1100; authority of Environmental Quality Commission and Department of Environmental Quality to regulate disposition of food processing byproducts determined to be solid waste, (1979) Vol 39, p 770

Law Review Citations

16 WLR 459 (1979)


Source
Last accessed
May. 15, 2020