ORS 469.992: Civil penalties.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) The Director of the State Department of Energy or the Energy Facility Siting Council may impose civil penalties for violation of ORS 469.300 to 469.619 and 469.930, for violations of rules adopted under ORS 469.300 to 469.619 and 469.930, for violation of any site certificate or amended site certificate issued under ORS 469.300 to 469.601 or for violation of a State Department of Energy order issued pursuant to ORS 469.405 (3). A civil penalty in an amount of not more than $25,000 per day for each day of violation may be assessed. (2) Subject to ORS 153.022, violation of an order entered pursuant to ORS 469.550 is punishable upon conviction by a fine of $50,000. Each day of violation constitutes a separate offense. (3) A civil penalty in an amount not less than $100 per day nor more than $1,000 per day may be assessed by the director or the Energy Facility Siting Council for a willful failure to comply with a subpoena served by the director pursuant to ORS 469.080 (2). (4) A civil penalty in an amount of not more than $25,000 per day for each day in violation of any provision of ORS 469.603 to 469.619 may be assessed by the circuit court upon complaint of any person injured by the violation. [Formerly 453.994; 1977 c.794 §17; 1981 c.707 §13; 1983 c.273 §4; 1987 c.158 §101; 1989 c.6 §12; 1991 c.480 §8; 1999 c.385 §13; 1999 c.1051 §309; 2003 c.186 §53] 469.992. (1) The Director of the State Department of Energy or the Energy Facility Siting Council may impose civil penalties for violation of ORS 469.300 to 469.619 and 469.930, for violations of rules adopted under ORS 469.300 to 469.619 and 469.930, for violation of any site certificate or amended site certificate issued under ORS 469.300 to 469.601 or for violation of a State Department of Energy order issued pursuant to ORS 469.405 (3). A civil penalty in an amount of not more than $25,000 per day for each day of violation may be assessed. (2) Subject to ORS 153.022, violation of an order entered pursuant to ORS 469.550 is punishable upon conviction by a fine of $50,000. Each day of violation constitutes a separate offense. (3) A civil penalty in an amount not less than $100 per day nor more than $1,000 per day may be assessed by the director or the Energy Facility Siting Council for a willful failure to comply with a subpoena served by the director pursuant to ORS 469.080 (2). (4) A civil penalty in an amount of not more than $25,000 per day for each day in violation of any provision of ORS 469.603 to 469.619 or section 14, chapter 653, Oregon Laws 1991, may be assessed by the circuit court upon complaint of any person injured by the violation. Sec. 18. Sections 12 to 16 of this Act and the amendments to ORS 469.992 by section 17 of this Act do not become operative until the federal government or a state that has entered into an agreement under 42 U.S.C. 2021 exempts from regulation or changes the regulatory status of any radioactive material that is subject to regulation on January 1, 1989. [1991 c.653 §18]
Official history and status
History: Note: The amendments to 469.992 by section 17, chapter 653, Oregon Laws 1991, become operative when the federal government or a state that has entered into an agreement under 42 U.S.C. 2021 exempts from regulation or changes the regulatory status of any radioactive material that is subject to regulation on January 1, 1989. See section 18, chapter 653, Oregon Laws 1991. The text of 469.992 that would become operative upon an exemption or change, including amendments by section 14, chapter 385, Oregon Laws 1999, section 310, chapter 1051, Oregon Laws 1999, and section 54, chapter 186, Oregon Laws 2003, is set forth for the user’s convenience. Note: Section 18, chapter 653, Oregon Laws 1991, provides:
Administrative rules citing this section
- OAR 345-001-0010: Definitions — implements
- OAR 345-015-0405: Appointment and Duties of Hearing Officer — implements
- OAR 345-015-0415: Requests for Party or Limited Party Status — implements
- OAR 345-015-0420: Petition for Indigent Status — implements
- OAR 345-015-0425: Participation by Government Agencies — implements
- OAR 345-015-0430: Prehearing Conference and Prehearing Order — implements
- OAR 345-015-0435: Suspension of Hearing and Exclusion of a Party — implements
- OAR 345-015-0445: Submission of Evidence and Proposed Site Certificate Conditions — implements
- OAR 345-015-0450: Official Notice of Evidence — implements
- OAR 345-015-0455: Motions — implements
- OAR 345-015-0460: Interlocutory Appeals to Council — implements
- OAR 345-015-0465: Stays — implements
- OAR 345-015-0470: Reopening Record Prior to Decision — implements
- OAR 345-015-0475: Hearing Officer's Proposed Contested Case Order — implements
- OAR 345-015-0480: Council’s Final Order and Issuance of a Site Certificate — implements
This rule cites
- ORS 469.300 — resolved
- 469.619 — resolved
- 469.930 — resolved
- 469.601 — resolved
- ORS 469.405 — resolved
- ORS 153.022 — resolved
- ORS 469.550 — resolved
- ORS 469.080 — resolved
- ORS 469.603 — resolved
- ORS 469.992 — resolved
Cited by
- ORS 469.080: Energy resource information; subpoena power; depositions; limitations on obtaining information; protection from abuse.
- ORS 469.085: Procedure for imposing civil penalties; rules.
- ORS 469.300: Definitions.
- ORS 469.310: Policy.
- ORS 469.320: Site certificate required; exceptions.
- ORS 469.403: Final order approving or rejecting application for site certificate or amendment; rehearing; appeal; judicial review vested in Supreme Court; stay of order.
- ORS 469.410: Energy facility site certificate applications filed or under construction prior to July 2, 1975; conditions of site certificate; monitoring programs.
- ORS 469.440: Grounds for revocation or suspension of certificates.
- ORS 469.450: Energy Facility Siting Council; appointment; confirmation; term; restrictions.
- ORS 469.460: Officers; meetings; compensation and expenses.
- ORS 469.470: Powers and duties; rules.
- ORS 469.490: Adoption of rules; determination of validity.
- ORS 469.560: Records; public inspection; confidential information.
- ORS 469.561: Property insurance required; exceptions; filing of policy.
- ORS 469.607: Authority of council; rules.
- ORS 469.613: Records; inspection; rules.
- ORS 469.617: Report to legislature; content.
- ORS 469.619: State Department of Energy to make federal regulations available.
- ORS 541.898: Oregon Plan described; goals; elements; Governor to negotiate with federal government.
- ORS 824.090: Department of Transportation to set standards for safe transportation of hazardous wastes; rules; civil penalty.
- ORS 825.258: Rules for transportation of hazardous waste, hazardous material and PCB; civil penalty.
- OAR 330-020-0045: Submission Deadline
- OAR 345-029-0100: Revocation or Suspension of Site Certificate
- OAR 345-029-0560: Calculation of Civil Penalty Amount
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors469.html