ORS 527.685
Civil penalty considerations

  • rules

(1)

The State Board of Forestry shall by rule establish the amount of civil penalty that may be imposed for a particular violation. Except as provided in subsection (5) of this section, no civil penalty shall exceed $5,000 per violation.

(2)

In imposing a penalty authorized by this section, the State Forester may consider the following factors:

(a)

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

(b)

Any prior violations of statutes, rules, orders and permits pertaining to the Oregon Forest Practices Act.

(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 size and type of ownership of the operation.

(g)

Any relevant rule of the board.

(h)

The violator’s cooperativeness and efforts to correct the violation.

(3)

The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the board determines to be proper and consistent with the public benefit. Upon the request of the person incurring the penalty, the board shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated.

(4)

The board, by rule, may delegate to the State Forester upon such conditions as deemed necessary, all or part of the authority of the board provided in subsection (3) of this section to assess, remit or mitigate civil penalties.

(5)

For a violation of ORS 527.745 (Reforestation of certain harvest types), or rules for reforestation adopted pursuant to ORS 527.745 (Reforestation of certain harvest types), the State Forester may impose a civil penalty in an amount equal to the estimated cost of reforesting lands pursuant to ORS 527.690 (Failure to comply with order to reforest or repair damage). [1987 c.919 §26; 2007 c.214 §1]

Source: Section 527.685 — Civil penalty considerations; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors527.­html.

527.260
Injuring forest tree of another or extracting pitch without, or in violation of, a permit prohibited
527.310
Definitions for ORS 527.310 to 527.370
527.315
Process components
527.321
Implementation of process by State Forester
527.335
Investigations by State Forester concerning pests
527.341
Forestland owners to implement strategies to carry out resource management objectives
527.346
State Forester to assist owners unable to take action against pest
527.360
Costs of eradication
527.370
Disposition of receipts
527.610
Short title
527.620
Definitions for ORS 527.610 to 527.770
527.630
Policy
527.640
Forest regions
527.650
Forest practice committees
527.660
Committees to review rules
527.665
Notice of reforestation requirements to be given in forestland transfers
527.670
Commencement of operations
527.672
Aerial herbicide applications
527.674
Rules requiring approval of written plan prohibited
527.676
Leaving snags and downed logs in harvest type 2 or 3 units
527.678
Wildlife food plots
527.680
Violation by operator
527.683
Notice of violation
527.685
Civil penalty considerations
527.687
Civil penalty procedure
527.690
Failure to comply with order to reforest or repair damage
527.700
Appeals from orders of State Forester
527.710
Duties and powers of board
527.714
Types of rules
527.715
Rules to establish standards and procedures
527.721
Coordination with state and local agencies for review and comment on operations
527.722
Restrictions on local government adoption of rules regulating forest operations
527.724
Forest operations to comply with air and water pollution control rules and standards
527.730
Conversion of forestland to other uses
527.736
Forest practice standards for operations on public and private land
527.740
Harvest type 3 limitations
527.745
Reforestation of certain harvest types
527.750
Exceeding harvest type 3 size limitation
527.755
Scenic highways
527.760
Reforestation exemptions for land use changes
527.765
Best management practices to maintain water quality
527.770
Good faith compliance with best management practices not violation of water quality standards
527.780
Exemption from liability for trees or debris left on property
527.785
Exemption from liability for large woody debris left on property
527.786
Definitions
527.787
Registering to receive notice of pesticide application
527.788
Notice to State Forestry Department of proposed pesticide application
527.789
Notice to nearby recipient of proposed pesticide application
527.790
Notice to State Forestry Department prior to pesticide application
527.791
Verifying completion of pesticide application
527.792
Designation of forestland units
527.793
Failure to send notice
527.794
Department reporting system
527.795
Daily spray records
527.796
Interference with pesticide application
527.797
Limitations on pesticide applications
527.798
Reporting points of diversion
527.990
Criminal penalties
527.992
Civil penalties
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