OAR 690-225-0050: Factors Affecting Selection of Type and Degree of Enforcement

In selecting the appropriate type and degree of enforcement, the Director may consider the following factors: (1) Whether the constructor's file demonstrates a pattern of prior similar violations; (2) Whether the respondent has cooperated in attempting correction of any violation in a timely fashion; (3) The gravity and magnitude of the violation, including whether there is an immediate or long-term threat to human health or the ground water resource; (4) Whether the damage to the ground water resource is reversible; (5) Whether the violation in the instances cited was repeated or continuous; (6) Whether a cause of the violation was an unavoidable accident; (7) The opportunity and degree of difficulty to correct the violation; (8) The cost to the Department, except for travel costs and the initial field investigation, in attempting to gain voluntary compliance of the cited violation. The costs may be considered until the Department receives respondent's answer to the written notice and opportunity for hearing; and (9) Any other relevant factor.