In addition to any other penalty provided by law, the following violations are subject to the civil penalties specified below:

1. (1) Any person planting contrary to the restriction of subsection (1) of ORS 468A.580 pertaining to the open field burning of cereal grain acreage shall be assessed by the Department a civil penalty of $25 for each acre planted contrary to the restrictions.

2. (2) Any person who intentionally or recklessly violates any provisions of ORS Chapters 468 or 468A or any rule or standard or order of the Department adopted or issued pursuant to ORS 468 or 468A, which results in or creates the imminent likelihood for an extreme hazard to the public health or which causes extensive damage to the environment shall incur a penalty up to $100,000. When determining the civil penalty sum to be assessed under this section, the Director shall apply the following procedures:

   1. (a) Select one of the following base penalties after determining the cause of the violation:

      1. (A) $50,000 if the violation was caused recklessly;
      2. (B) $75,000 if the violation was caused intentionally;
      3. (C) $100,000 if the violation was caused flagrantly.
   2. (b) Then determine the civil penalty through application of the formula: BP + ((.1 x BP) (P + H + O + C)) + EB, in accordance with OAR 603-077-0180(1)(c).

Statutory/Other Authority

ORS 561.190

Statutes/Other Implemented

ORS 468A.585

History

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