ORS 466.837: Noncompliance penalties for specific underground storage tank violations; waiver of right to appeal; advisory committee; rules.

(1) Notwithstanding ORS 466.994, the Environmental Quality Commission shall adopt rules for and implement a program for the assessment and expedited imposition of noncompliance penalties for specific underground storage tank violations. The Department of Environmental Quality shall form an advisory committee to assist the commission in the development of the program. (2) Permittee participation in the program is voluntary. Participants shall agree to accept the penalty assessed under the program as the final order by the Department of Environmental Quality and shall agree to waive any right to an appeal or any other judicial review of the department’s determination of a violation or assessment of a fine. (3) A penalty assessed under this program may not be less than $50 or greater than $500 per individual violation. Penalties imposed in the aggregate may not be more than $1,500 per facility per inspection date. (4) The fees collected by the department under this section shall be deposited into the State Treasury to the credit of an account of the department. All fees paid to the department shall be continuously appropriated to the department for the purposes of providing support to the program, technical assistance or operator training or meeting other needs of the department. [2001 c.754 §13; 2007 c.479 §2] (Financial Assistance Programs)