OAR 632-037-0150: Civil Penalties

(1) In addition to any other sanctions authorized by law, the Governing Board of the Department may impose a civil penalty as authorized by ORS 517.992 (2) The Department shall provide a written warning of its intent to impose a civil penalty at least 48 hours prior to imposing the penalty when there is no immediate danger to human health, safety or the environment. The warning may be personally served on the person incurring the penalty or may be sent by registered or certified mail. The warning must include: (a) A reference to the particular sections of the statute, rule, order or permit involved; and (b) A short and plain statement of the matters asserted or charged. (3) A civil penalty imposed under this section is due and payable ten days after the order imposing the civil penalty becomes final by operation of law or on appeal. A person against whom a civil penalty is to be imposed shall be served with a notice in the form provided by ORS 183.415. Service of the notice shall be accomplished in the manner provided by ORS 183.415. (4) The person to whom the notice provided for in section (3) of this rule is addressed shall have 20 days from the date of service of the notice in which to make written application for a hearing. If no application for a hearing is made, the agency may make a final order imposing the penalty. (5) Any person who makes application as provided in section (4) of this rule is entitled to a hearing conducted pursuant to the applicable provisions of ORS 183.413 to 183.470. (6) A civil penalty shall be assessed under this rule in accordance with the following schedule: (a) Class 1. Potential threat to human health or safety: warning to $10,000; (b) Class 2. Immediate threat to human health or safety: warning to $25,000; (c) Class 3. Potential threat to the environment: warning to $10,000; (d) Class 4. Immediate threat to the environment; warning to $25,000; (e) Class 5. Failure to comply with laws, rules, Governing Board orders or permit conditions, with no threat to human health, safety or the environment: warning to $10,000; (f) Class 6. Damage to health, safety or the environment: $1,000–$50,000; (g) Failure to comply with prior warning or penalty (continued or repeat violation) within the following classes: (A) Class 1: $200–$10,000; (B) Class 2: $200–$50,000; (C) Class 3: $200–$50,000; (D) Class 4: $200–$50,000; (E) Class 5: $200–$50,000; (F) Class 6: $2,000–$50,000.