603-090-0110 Civil Penalty Assessment (1) In addition to any other penalty provided by law, the department may assess a civil penalty against a landowner for failing to comply with the requirements of agricultural water quality management area rules adopted under ORS 568.900 to 568.933 including orders to implement the area rules. The amount of civil penalty shall be determined using the two matrices contained in OAR 603-090-0120 in conjunction with the formula contained in OAR 603-090-0120(4). The amount of the initial civil penalty may not exceed $2,500 and any subsequent civil penalties for a repeat occurrence may not exceed $10,000 per violation. (2) Prior to assessment of a civil penalty for a violation, the department shall provide a notice of noncompliance to the landowner. No advance notice or period to achieve compliance prior to assessment of a civil penalty shall be required under section (1) of this rule and the department may issue a notice of civil penalty assessment if: (a) The violation is intentional; or (b) The landowner has received a previous notice of the same or similar violation. (3) The amount of any civil penalty imposed shall be reduced by the amount of any civil penalty imposed by the Environmental Quality Commission or the Department of Environmental Quality if the latter penalties are imposed on the same person and are based on the same violation. (4) Magnitude of Violation: The magnitude of a violation shall be categorized as follows: (a) Category I (Major): (A) A violation of a department order issued as part of or in connection with a formal enforcement action; (B) Failure to provide access to premises or records when required by statute, rule or order; (C) Any direct discharge of wastes that enters the waters of the state, either without a waste discharge permit, or from a point not authorized by a waste discharge permit; (D) Submitting records, reports or application forms that are false, misleading, or fraudulent; (E) Failure to provide notification of a spill or upset condition that results in a nonpermitted discharge of public waters; (b) Category II (Moderate): (A) Failure to submit a plan or report if required by rule; (B) Placing wastes such that the wastes are likely to enter the waters of the state by any means: (C) Any violation of a department rule or order which is not classified elsewhere in these rules as major or minor. (c) Category III (Minor): Failure to operate in accordance with an approved individual water quality management plan. (5) The gravity of effect of the violation shall be determined by consideration of the individual or cumulative possibility of harm to public health or the environment caused by a violation or violations. Gravity of effect shall be classified as high, medium or low. The existence of one or more factors determined to be high level shall result in the gravity of effect considered to be of high level. Lacking any factor determined to be of high level, the existence of one or more factors of medium level shall result in the gravity of effect to be considered to be of medium level. Lacking any factor of high or medium level shall result in the gravity being of low level: (a) Gravity of Effect — High Level: (A) Significant injury to crops, wildlife or livestock; or (B) Surface or groundwater contamination of a level that poses a significant risk of harm to public health or the environment. (b) Gravity of Effect — Medium Level: Surface or groundwater contamination that causes a loss of beneficial uses or a violation of applicable water quality standards, but does not pose a significant threat to human health or the environment. (c) Gravity of Effect — Minor Level: Water contamination not found or not found at a level in excess of applicable water quality standards. Statutory/Other Authority: ORS 561 & 568.900 - 568.933 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 16-2006, f. & cert. ef. 9-15-06 AD 9-1994, f. & cert. ef. 7-26-94