OAR 350-030-0090: Penalty Criteria

(1) In determining the amount of a civil penalty, the following factors shall be considered: (a) Whether the person or entity has violated the P.L. 99-663 management plan, a land use ordinance, an implementation measure or an order in the past; (b) Whether the person or entity has undertaken measures to remedy the violation or mitigate harm resulting from the violation; (c) The nature and seriousness of the violation; and (d) Whether the violation is repeated or continuous, or the person or entity has had prior violations. (2) No penalty assessed under this division may exceed $10,000 for each violation.