(1) In addition to any other liability or penalty provided by law, a person that violates a provision of ORS 633.311 to 633.479 and 633.994 or rules adopted thereunder may be subject to a civil penalty of not more than:
(a) $500 for the first violation within a three-year period;
(b) $1,500 for the second violation within a three-year period; and
(c) $10,000 for each subsequent violation within a three-year period.
(2) Enforcement guidance for civil penalty implementation consistency will be determined by rule.
(3) Notwithstanding subsection (1) of this section, any violation that arises from gross negligence or willful misconduct and results in substantial harm to human health or the environment may be subject to a civil penalty of not more than $10,000 for the initial violation or any subsequent violation.
(4) Each violation of a provision of ORS 633.311 to 633.479 and 633.994 that results from an action is a separate and distinct violation. A continuing violation may be deemed a separate and distinct violation for each day’s continued violation.
(5) A civil penalty imposed under ORS 633.311 to 633.479 and 633.994 may be remitted or reduced upon such terms and conditions as the Director of Agriculture considers proper and consistent with the public health and safety. [2001 c.914 §17]Section: Previous 633.660 633.670 633.680 633.690 633.700 633.710 633.711 633.720 633.730 633.740 633.750 633.990 633.992 633.994 633.996 Next
Last modified: August 7, 2008