(1) The Environmental Quality Commission shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation. Except as provided in ORS 468.140 (3), no civil penalty shall exceed $10,000 per day. Where the classification involves air pollution, the commission shall consult with the regional air quality control authorities before adopting any classification or schedule.
(2) In imposing a penalty pursuant to the schedule or schedules authorized by this section, the commission and regional air quality control authorities shall 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 water or air pollution or air contamination or solid waste disposal.
(c) The economic and financial conditions of the person incurring a penalty.
(d) The gravity and magnitude of the violation.
(e) Whether the violation was repeated or continuous.
(f) Whether the cause of the violation was an unavoidable accident, negligence or an intentional act.
(g) The violator’s cooperativeness and efforts to correct the violation.
(h) Any relevant rule of the commission.
(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the commission or regional authority considers proper and consistent with the public health and safety.
(4) The commission may by rule delegate to the Department of Environmental Quality, upon such conditions as deemed necessary, all or part of the authority of the commission provided in subsection (3) of this section to remit or mitigate civil penalties. [Formerly 449.970; 1977 c.317 §3; 1987 c.266 §2; 1991 c.650 §4]
Section: Previous 468.100 468.105 468.110 468.115 468.120 468.125 468.126 468.130 468.135 468.140 468.150 468.153 468.155 468.160 468.163 NextLast modified: August 7, 2008