2017 ORS 536.920¹
Factors to be considered in imposition of penalty

In imposing a penalty pursuant to the schedule adopted pursuant to ORS 536.910 (Amount of penalty), the Water Resources Commission shall consider the following factors:

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

(2) Any prior violations of statutes, rules or orders pertaining to water use.

(3) The economic and financial conditions of the person incurring the penalty, including any financial gains resulting from the violation.

(4) The immediacy and extent to which the violation threatens other rights to the use of water or the public health or safety or the public interest in the waters of this state. [1989 c.618 §5]

Note: See note under 536.900 (Civil penalties).

Chapter 536

Law Review Cita­tions

28 WLR 285 (1992)

1 Legislative Counsel Committee, CHAPTER 536—Water Resources Administration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors536.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 536, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano536.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.