1. (1) In determining the amount of a civil penalty, the following factors shall be considered:

   1. (a) Whether the person or entity has violated the P.L. 99-663 management plan, a land use ordinance, an implementation measure or an order in the past;
   2. (b) Whether the person or entity has undertaken measures to remedy the violation or mitigate harm resulting from the violation;
   3. (c) The nature and seriousness of the violation; and
   4. (d) Whether the violation is repeated or continuous, or the person or entity has had prior violations.
2. (2) No penalty assessed under this division may exceed $10,000 for each violation.

Statutory/Other Authority

ORS 196.150

Statutes/Other Implemented

ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.

History

CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95
CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88