Civil penalty for intentional or reckless violation
- • rules
(1) In addition to any other penalty provided by law, any person who intentionally or recklessly violates any provision of ORS 164.785 (Placing offensive substances in waters, on highways or other property), 459.205 (Permit required) to 459.426 (Notice to customers), 459.705 (Definitions for ORS 459.705 to 459.790) to 459.790 (Exceptions to ORS 459.705 to 459.785), ORS chapters 465, 466 or 467 or 468, 468A and 468B or any rule or standard or order of the Environmental Quality Commission adopted or issued pursuant to ORS 459.205 (Permit required) to 459.426 (Notice to customers), 459.705 (Definitions for ORS 459.705 to 459.790) to 459.790 (Exceptions to ORS 459.705 to 459.785), ORS chapters 465, 466 or 467 or 468, 468A and 468B, which results in or creates the imminent likelihood for an extreme hazard to the public health or which causes extensive damage to the environment shall incur a civil penalty not to exceed $250,000. The Environmental Quality Commission shall adopt by rule a schedule and the criteria for determining the amount of a civil penalty that may be imposed for an extreme violation.
(2) As used in this section:
(a) “Intentionally” means conduct by a person with a conscious objective to cause the result of the conduct.
(b) “Recklessly” means conduct by a person who is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care a reasonable person would observe in that situation. [1991 c.650 §2; 2009 c.267 §15]
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