2013 ORS § 469.992¹
Civil penalties

(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 (Definitions) to 469.619 (State Department of Energy to make federal regulations available) and 469.930 (Northwest Interstate Compact on Low-Level Radioactive Waste Management), for violations of rules adopted under ORS 469.300 (Definitions) to 469.619 (State Department of Energy to make federal regulations available) and 469.930 (Northwest Interstate Compact on Low-Level Radioactive Waste Management), for violation of any site certificate or amended site certificate issued under ORS 469.300 (Definitions) to 469.601 (Effect of ORS 469.595 on applications and applicants) or for violation of a State Department of Energy order issued pursuant to ORS 469.405 (Amendment of site certificate) (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 (Authority of agency to specify rule violation as particular level of violation), violation of an order entered pursuant to ORS 469.550 (Order for halt of plant operations or activities with radioactive material) 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 (Energy resource information) (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 (Intent to regulate transportation of radioactive material) to 469.619 (State Department of Energy to make federal regulations available) 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]

Note: The amendments to 469.992 (Civil penalties) 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 (Civil penalties) 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 users convenience.

469.992 (Civil penalties). (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 (Definitions) to 469.619 (State Department of Energy to make federal regulations available) and 469.930 (Northwest Interstate Compact on Low-Level Radioactive Waste Management), for violations of rules adopted under ORS 469.300 (Definitions) to 469.619 (State Department of Energy to make federal regulations available) and 469.930 (Northwest Interstate Compact on Low-Level Radioactive Waste Management), for violation of any site certificate or amended site certificate issued under ORS 469.300 (Definitions) to 469.601 (Effect of ORS 469.595 on applications and applicants) or for violation of a State Department of Energy order issued pursuant to ORS 469.405 (Amendment of site certificate) (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 (Authority of agency to specify rule violation as particular level of violation), violation of an order entered pursuant to ORS 469.550 (Order for halt of plant operations or activities with radioactive material) 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 (Energy resource information) (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 (Intent to regulate transportation of radioactive material) to 469.619 (State Department of Energy to make federal regulations available) or section 14, chapter 653, Oregon Laws 1991, may be assessed by the circuit court upon complaint of any person injured by the violation.

Note: Section 18, chapter 653, Oregon Laws 1991, provides:

Sec. 18. Sections 12 to 16 of this Act and the amendments to ORS 469.992 (Civil penalties) 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]