ORS 568.933
Civil penalties

  • availability
  • reductions

(1)

In addition to any other liability or penalty provided by law, the State Department of Agriculture may impose a civil penalty on a landowner of lands within an agricultural or rural area subject to a water quality management plan for failure to comply with rules implementing the plan.

(2)

The department may not impose a civil penalty on a landowner for a first violation under this section unless the department:

(a)

Has notified the landowner of the violation in a writing that describes, with reasonable specificity, the factual basis for the department’s determination that a violation has occurred; and

(b)

Has prescribed a reasonable time for the landowner to correct the violation that may not exceed 30 days after the first notice of a violation, unless the violation requires more than 30 days to correct, in which case the department shall specify a reasonable period of time to correct the violation in a plan of correction issued to the landowner.

(3)

A civil penalty imposed under this section may not exceed:

(a)

$2,500 for a first violation; or

(b)

$10,000 for a second or subsequent violation.

(4)

For purposes of this section, each day of a violation continuing after any period of time of correction set by the department is a separate violation unless the department finds that a different period of time is more appropriate to describe a specific violation event.

(5)

The landowner to whom a notice of violation or a notice of civil penalty is addressed shall have 30 days from the date of receipt of the notice in which to make written application for a hearing before the department.

(6)

In imposing a penalty under this section, the department shall consider the following factors:

(a)

The past history of the landowner incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct a violation.

(b)

Any prior violations of rules, regulations or statutes pertaining to a water quality management plan.

(c)

The gravity and magnitude of the violation.

(d)

Whether the violation was repeated or continuous.

(e)

Whether the cause of the violation was an unavoidable accident, negligence or an intentional act.

(f)

The violator’s efforts to correct the violation.

(g)

The immediacy and extent to which the violation threatens the public health or safety.

(7)

A notice of violation or period to comply shall not be required under subsection (2) of this section if:

(a)

The violation is intentional; or

(b)

The landowner has received a previous notice of the same or similar violation.

(8)

The department shall deposit any civil penalty recovered under this section into a special subaccount in the Department of Agriculture Service Fund. Moneys in the subaccount are continuously appropriated to the department to be used for educational programs on water quality management and to provide funding for water quality management demonstration projects.

(9)

The State Department of Agriculture shall reduce the amount of any civil penalty imposed under this section by the amount of any civil penalty imposed by the Environmental Quality Commission or the Department of Environmental Quality for violations of water quality rules or standards, if the latter penalty is imposed on the same person and is based on the same violation. [1993 c.263 §8; 2001 c.442 §4; 2001 c.594 §7]

Source: Section 568.933 — Civil penalties; availability; reductions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors568.­html.

568.210
Definitions for ORS 568.210 to 568.808 and 568.900 to 568.933
568.225
Policy
568.300
Petition for formation of district
568.310
Notice of hearing
568.320
Right to be heard
568.330
Determination of need for district
568.340
Determination to not form district
568.351
Determination of boundaries for proposed district
568.370
Eligible electors
568.380
Department to pay expenses and supervise hearings and referenda
568.391
Referendum process
568.400
Appointment of first directors of district
568.410
Formation of district
568.420
Certificate of formation
568.431
Petitions for inclusion of territory
568.433
Petitions for withdrawal of territory
568.435
Boundary change notice for taxation purposes
568.440
District legally formed
568.445
Petitions for inclusion of territory wholly within another district
568.450
Procedure for consolidating districts
568.460
Referendum
568.471
Effect of consolidating districts
568.481
Methods for initiating dissolution of district
568.491
Termination of board of directors
568.495
Disposition of district assets
568.500
Order of dissolution
568.510
Proceedings for dissolution limited
568.520
Petitions nominating directors
568.530
Ballots
568.542
Payment of expenses for director election from county funds
568.545
Procedure for selection of directors of consolidated districts
568.550
General powers of board of directors
568.552
Power of directors to manage and control water resources and projects
568.554
District to submit program and work plans for department review
568.555
Name of district may be changed
568.560
Number of directors
568.565
Procedures for changing number of directors
568.570
Majority constitutes a quorum
568.580
Annual meeting
568.590
Notice of annual meeting
568.600
Legal counsel
568.610
Records
568.620
Consultation with county or municipal representatives
568.730
Officials may enter private lands
568.780
Certain public agencies to be deemed owners
568.790
County funds for personnel and other uses
568.801
Stream control and management projects
568.803
General obligation bonds
568.805
Special assessments
568.806
Ad valorem tax
568.807
Electors authorizing taxation
568.808
Taxing district to file legal description and map
568.810
Purpose of ORS 568.810 to 568.890
568.820
Designation of areas by county court upon petition
568.830
Publication and posting of notices describing districts
568.840
Election of advisory board
568.850
Wind erosion inspector
568.860
Inspector may enter lands in district
568.870
County court may authorize inspector to control erosion
568.880
Tax levy for wind erosion control
568.890
District may be dissolved
568.900
Definitions for ORS 568.900 to 568.933
568.903
“Landowner” defined
568.906
Plan implementation to involve local agencies
568.909
Boundaries for land subject to water quality plans
568.912
Management plan rules
568.915
Entry upon land
568.918
Notice to landowner of failure to perform requirements
568.921
Fees from landowners
568.924
Interagency agreements
568.927
Law inapplicable to certain forest practices
568.930
Agricultural activities subject to plan requirements
568.933
Civil penalties
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