(1) The Director of Human Services shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation.
(2) The director may impose the penalty without hearing but only after the notice required by ORS 446.347 (2). In imposing a penalty pursuant to the schedule or schedules adopted pursuant to this section, the director 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 the water system.
(c) The economic and financial conditions of the person incurring the penalty.
(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the Department of Human Services considers proper and consistent with the public health and safety. [1983 c.707 §26]Section: Previous 446.330 446.335 446.337 446.340 446.342 446.345 446.347 446.348 446.349 446.350 446.375 446.380 446.385 446.390 446.392 Next
Last modified: August 7, 2008