In addition to any liability, duty, or other penalty provided by law, the Director may assess a civil penalty for any violation relating to field burning pertaining to statutes, rules, permits or orders by service of a written notice of assessment of civil penalty upon the Respondent. The amount of any civil penalty shall be determined through the use of the following matrix in conjunction with the formula contained in OAR 603-077-0180:

Civil penalty matrix

Magnitude of Violation — Major — Moderate — Minor.

Class I — $6,000 — $3,000 — $1,500.

Class II — $3,000 — $1,500 — $750.

Class III — $500 — $250 — $10.

No civil penalty issued by the Director pursuant to this matrix shall be less than fifty dollars ($50) or more than ten thousand dollars ($10,000) for each day of each violation. This matrix shall apply to the following: Any violation related to field burning statutes, rules, permits or orders.

Statutory/Other Authority

ORS 561.190

Statutes/Other Implemented

ORS 468A.585

History

DOA 12-2010, f. & cert. ef. 7-12-10
DOA 22-2004, f. & cert. ef. 8-10-04
DOA 2-1998, f. & cert. ef. 3-3-98