ORS 527.685
Civil penalty considerations

rules

Text
Annotations

(1)

The State Board of Forestry shall by rule establish the amount of civil penalty that may be imposed for a particular violation. Except as provided in subsections (5) and (6) of this section, a civil penalty may not exceed $10,000 per violation.

(2)

In imposing a penalty authorized by this section, the State Forester may 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 the Oregon Forest Practices Act.

(c)

The gravity and magnitude of the violation.

(d)

Whether the violation was repeated or continuous.

(e)

Whether the cause of the violation was an unavoidable accident, negligence or an intentional act.

(f)

The size and type of ownership of the operation.

(g)

Any relevant rule of the board.

(h)

The cooperativeness of the person incurring the penalty and the person’s efforts, if any, to correct the violation.

(3)

The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the board determines to be proper and consistent with the public benefit. Upon the request of the person incurring the penalty, the board shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated.

(4)

The board, by rule, may delegate to the State Forester, upon such conditions as deemed necessary, all or part of the authority of the board provided in subsection (3) of this section to assess, remit or mitigate civil penalties.

(5)

For a violation of ORS 527.745 (Reforestation of certain harvest types), or rules for reforestation adopted pursuant to ORS 527.745 (Reforestation of certain harvest types), the State Forester may impose a civil penalty in an amount equal to the estimated cost of reforesting lands pursuant to ORS 527.690 (Failure to comply with order to reforest or repair damage).

(6)

If the State Forester makes a finding that an operator, timber owner or landowner has a history of significant violations that shows a pattern of willful disregard for the requirements of ORS 527.610 (Short title) to 527.770 (Good faith compliance with best management practices not violation of water quality standards) or rules or orders adopted or issued thereunder, the State Forester may impose a civil penalty in an amount not to exceed $50,000 per significant violation. In imposing the penalty, the State Forester shall consider, in addition to the factors described in subsection (2) of this section:

(a)

The degree, if any, to which the operator, timber owner or landowner derived economic benefit from the significant violation.

(b)

The proportion of total operations conducted by the operator, timber owner or landowner related to which significant violations have occurred compared to the total number of operations conducted by the operator, timber owner or landowner, while accounting for the organizational structure of the operator, timber owner or landowner. [1987 c.919 §26; 2007 c.214 §1; 2022 c.33 §46]

Note: The amendments to 527.685 (Civil penalty considerations) by section 71, chapter 33, Oregon Laws 2022, become operative only if certain conditions are met. See sections 54 and 61 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711 (Private Forest Accord rule package)). 527.685 (Civil penalty considerations), as amended by section 71, chapter 33, Oregon Laws 2022, is set forth for the user’s convenience.

527.685 (Civil penalty considerations). (1) The State Board of Forestry shall by rule establish the amount of civil penalty that may be imposed for a particular violation. Except as provided in subsection (5) of this section, a civil penalty may not exceed $5,000 per violation.

(2)