OAR 340-012-0045: Civil Penalty Determination Procedure

DEQ may assess a civil penalty for any violation, in addition to any other liability, duty, or other penalty provided by law. Except for civil penalties assessed under either OAR 340-012-0155 or OAR 340-012-0160, DEQ determines the amount of the civil penalty using the following formula: BP + [(0.1 x BP) x (P + H + O + M + C)] + EB. (1) BP is the base penalty and is determined by the following procedure: (a) The classification of each violation is determined according to OAR 340-012-0053 to 340-012-0099. (b) The magnitude of the violation is determined according to OAR 340-012-0130 and 340-012-0135. (c) The appropriate base penalty (BP) for each violation is determined by applying the classification and magnitude of each violation to the matrices in OAR 340-012-0140. (2) The base penalty is adjusted by the application of aggravating or mitigating factors set forth in OAR 340-012-0145. (3) The appropriate economic benefit (EB) is determined as set forth in OAR 340-012-0150.