ORS 468.140
Civil penalties for specified violations


(1)

In addition to any other penalty provided by law, any person who violates any of the following shall incur a civil penalty for each day of violation in the amount prescribed by the schedule adopted under ORS 468.130 (Schedule of civil penalties):

(a)

The terms or conditions of any permit required or authorized by law and issued by the Department of Environmental Quality or a regional air quality control authority.

(b)

Any provision of ORS 164.785 (Placing offensive substances in waters, on highways or other property), 448.305 (Special ordinance authority of certain cities), 454.010 (Definitions for ORS 454.010 to 454.040) to 454.040 (Determination of costs payable by users), 454.205 (“Municipality” defined) to 454.255 (Plans and cost estimates), 454.505 (Definitions for ORS 454.505 to 454.535) to 454.535 (Sewage Treatment Works Construction Account), 454.605 (Definitions for ORS 454.605 to 454.755) to 454.755 (Fees for certain reports on sewage disposal) and 783.625 (Definitions for ORS 783.625 to 783.640) to 783.640 (Reporting of ballast water management) and ORS chapter 467 and ORS chapters 468, 468A and 468B.

(c)

Any rule or standard or order of the Environmental Quality Commission adopted or issued pursuant to ORS 448.305 (Special ordinance authority of certain cities), 454.010 (Definitions for ORS 454.010 to 454.040) to 454.040 (Determination of costs payable by users), 454.205 (“Municipality” defined) to 454.255 (Plans and cost estimates), 454.505 (Definitions for ORS 454.505 to 454.535) to 454.535 (Sewage Treatment Works Construction Account), 454.605 (Definitions for ORS 454.605 to 454.755) to 454.755 (Fees for certain reports on sewage disposal) and 783.625 (Definitions for ORS 783.625 to 783.640) to 783.640 (Reporting of ballast water management) and ORS chapter 467 and ORS chapters 468, 468A and 468B.

(d)

Any term or condition of a variance granted by the commission or department pursuant to ORS 467.060 (Variances).

(e)

Any rule or standard or order of a regional authority adopted or issued under authority of ORS 468A.135 (Function of authority).

(f)

The financial assurance requirement under ORS 468B.390 (Compliance with federal Oil Pollution Act of 1990) and 468B.485 (Methods of establishing financial assurance) or any rule related to the financial assurance requirement under ORS 468B.390 (Compliance with federal Oil Pollution Act of 1990).

(2)

Each day of violation under subsection (1) of this section constitutes a separate offense.

(3)

Intentionally left blank —Ed.

(a)

In addition to any other penalty provided by law, any person who intentionally or negligently causes or permits the discharge of oil or hazardous material into the waters of the state or intentionally or negligently fails to clean up a spill or release of oil or hazardous material into the waters of the state as required by ORS 466.645 (Cleanup) shall incur a civil penalty not to exceed the amount of $100,000 for each violation.

(b)

In addition to any other penalty provided by law, the following persons shall incur a civil penalty not to exceed the amount of $25,000 for each day of violation:

(A)

Any person who violates the terms or conditions of a permit authorizing waste discharge into the air or waters of the state.

(B)

Any person who violates any law, rule, order or standard in ORS 448.305 (Special ordinance authority of certain cities), 454.010 (Definitions for ORS 454.010 to 454.040) to 454.040 (Determination of costs payable by users), 454.205 (“Municipality” defined) to 454.255 (Plans and cost estimates), 454.505 (Definitions for ORS 454.505 to 454.535) to 454.535 (Sewage Treatment Works Construction Account), 454.605 (Definitions for ORS 454.605 to 454.755) to 454.755 (Fees for certain reports on sewage disposal) and 783.625 (Definitions for ORS 783.625 to 783.640) to 783.640 (Reporting of ballast water management) and ORS chapters 468, 468A and 468B relating to air or water pollution.

(C)

Any person who violates the provisions of a rule adopted or an order issued under ORS 459A.590 (Use, management, disposal and resource recovery).

(4)

In addition to any other penalty provided by law, any person who violates the provisions of ORS 468B.130 (Prohibition on sale or distribution of cleaning agents containing phosphorus) shall incur a civil penalty not to exceed the amount of $1,000 for each day of violation.

(5)

Notwithstanding subsection (1)(c) and (e) of this section, the owner or lessee of a motor vehicle may not incur a civil penalty for a violation of the requirement that the owner or lessee obtain a motor vehicle pollution control system certificate of compliance issued under ORS 468A.380 (Licensing of personnel and equipment).

(6)

Notwithstanding the limits of ORS 468.130 (Schedule of civil penalties) (1) and in addition to any other penalty provided by law, any person who intentionally or negligently causes or permits open field burning contrary to the provisions of ORS 468A.555 (Policy to reduce open field burning) to 468A.620 (Experimental field sanitization) and 468A.992 (Civil penalties for open field burning violations), 476.380 (Fire permits) and 478.960 (Burning of certain materials permitted only with permission of fire chief) shall be assessed by the department a civil penalty of at least $20 but not more than $40 for each acre so burned. Any amounts collected by the department pursuant to this subsection shall be deposited with the State Treasurer to the credit of the General Fund and shall be available for general governmental expense. As used in this subsection, “open field burning” does not include propane flaming of mint stubble. [Formerly 449.993; 1975 c.559 §14; 1977 c.511 §5; 1979 c.353 §1; 1987 c.513 §1; 1989 c.268 §4; 1989 c.1042 §7; 1991 c.764 §6; 1997 c.473 §1; 2001 c.688 §7; 2009 c.267 §9; 2011 c.597 §209; 2019 c.645 §16]

Source: Section 468.140 — Civil penalties for specified violations, https://www.­oregonlegislature.­gov/bills_laws/ors/ors468.­html.

468.005
Definitions
468.010
Environmental Quality Commission
468.015
Functions of commission
468.020
Rules and standards
468.030
Department of Environmental Quality
468.035
Functions of department
468.040
Director
468.045
Functions of director
468.050
Deputy director
468.052
Payment by credit card
468.053
Surcharge on fee or invoice
468.054
Environmental Data Management System Fund
468.055
Contracts with Oregon Health Authority
468.060
Enforcement of rules by local health authorities
468.062
Authority of Department of Environmental Quality to require fingerprints
468.065
Issuance of permits
468.066
History of compliance with environmental quality laws
468.067
Organizational standing to seek judicial review of final order in Title V permit proceeding
468.070
Denial, modification, suspension or revocation of permits
468.073
Expedited or enhanced regulatory process
468.075
Revolving fund
468.076
Definitions for ORS 468.076 to 468.089
468.078
Action for pollution originating in Oregon
468.079
Action for pollution originating in reciprocating jurisdiction
468.080
Applicability of Oregon law
468.081
Rights of injured person
468.083
Right conferred under ORS 468.076 to 468.087 in addition to other rights
468.085
Sovereign immunity defense
468.087
Application and construction of ORS 468.076 to 468.087
468.089
Short title
468.090
Complaint procedure
468.095
Investigatory authority
468.100
Enforcement procedures
468.110
Appeal
468.115
Enforcement in cases of emergency
468.120
Public hearings
468.126
Advance notice
468.130
Schedule of civil penalties
468.135
Imposition of civil penalties
468.140
Civil penalties for specified violations
468.148
Legislative findings and declarations
468.149
Assessment of final changes to federal environmental law
468.150
Field sanitation and straw utilization and disposal methods as “pollution control facilities.”
468.153
Legislative findings and declarations
468.155
Definitions for ORS 468.155 to 468.190
468.160
Policy
468.163
Commencement of construction or installation of facility
468.165
Application for certification of pollution control facilities
468.167
Application for precertification
468.170
Action on application
468.172
“Environmental management system” defined
468.173
Applicable percentage of certified cost of facility eligible for tax credit
468.180
Conditions for issuance of certificate under ORS 468.170
468.183
Revocation of certification for loss of Green Permit
468.185
Procedure to revoke certification
468.190
Allocation of costs to pollution control
468.195
Issuance of bonds authorized
468.215
Pollution Control Fund
468.220
Department to administer fund
468.225
Investment of gross proceeds of agency bonds or other obligations
468.230
Pollution Control Sinking Fund
468.240
Remedy where default occurs on payment to state
468.245
Acceptance of federal funds
468.250
Participation in matching fund programs with federal government
468.253
Authority of director to act to benefit fund
468.255
Limit on grants and loans
468.260
Return of unexpended funds to state required
468.263
Definitions for ORS 468.263 to 468.272
468.264
Policy
468.265
Powers of county over pollution control facilities
468.266
Issuance of bonds
468.267
Security for bonds
468.268
Enforcement of bond obligation
468.269
Trustees
468.270
Tax status of leasehold interest in facilities
468.271
Effect on procedure of awarding contracts
468.272
Application of other laws relating to bonds
468.423
Definitions for ORS 468.423 to 468.440
468.425
Policy
468.427
Water Pollution Control Revolving Fund
468.428
Lottery bonds
468.429
Uses of revolving fund
468.431
Water Pollution Control Administration Fund
468.433
Duties of department
468.437
Loan applications
468.439
Borrowing authority of public agency
468.440
Loan terms and interest rates
468.442
Definitions
468.444
Zero-emission and electric vehicle rebate program
468.446
Charge Ahead Oregon Program
468.448
Audits
468.449
Zero-Emission Incentive Fund
468.501
Definitions for ORS 468.501 to 468.521
468.503
Purpose of Green Permits
468.506
Commission rulemaking to carry out Green Permit program
468.508
Eligibility for Green Permit
468.511
Environmental laws not applicable to facility operating under Green Permit
468.513
Judicial review of agency decision on issuance of Green Permit
468.516
Termination of Green Permit
468.518
Application for permit or approval affected by termination of Green Permit
468.521
Recovery of costs of agency in developing, negotiating and publicizing Green Permit
468.531
Legislative findings
468.533
Willamette River Cleanup Authority
468.581
Definitions for ORS 468.581 to 468.587
468.583
Policy
468.585
Legislative findings
468.587
State agencies and ecosystem services
468.920
Definitions for ORS 468.922 to 468.956
468.922
Unlawful disposal, storage or treatment of hazardous waste in the second degree
468.924
Applicability of ORS 161.655
468.926
Unlawful disposal, storage or treatment of hazardous waste in the first degree
468.929
Unlawful transport of hazardous waste in the second degree
468.931
Unlawful transport of hazardous waste in the first degree
468.933
Determination of number of punishable offenses under ORS 468.922, 468.926, 468.929 and 468.931
468.936
Unlawful air pollution in the second degree
468.939
Unlawful air pollution in the first degree
468.941
Determination of number of punishable offenses under ORS 468.936 and 468.939
468.943
Unlawful water pollution in the second degree
468.946
Unlawful water pollution in the first degree
468.948
Unlawful motorized in-stream placer mining
468.949
Determination of number of punishable offenses under ORS 468.943 and 468.946
468.951
Environmental endangerment
468.953
Supplying false information to agency
468.956
Refusal to produce material subpoenaed by commission
468.959
Upset or bypass as affirmative defense
468.961
Approval of Attorney General or district attorney before bringing felony charge
468.962
Notice to Department of Revenue of environmental felony
468.963
Environmental audit privilege
468.996
Civil penalty for intentional or reckless violation
468.997
Joinder of certain offenses
Green check means up to date. Up to date