justicedao/ipfs_state_laws huggingface dataset:
340-012-0073 Environmental Cleanup Classification of Violations (1) Violating any otherwise unclassified environmental cleanup-related requirements is addressed under OAR 340-012-0053. (2) Class II: Failing to provide information under ORS 465.250. Statutory/Other Authority: ORS 465.280, 465.400 - 465.410, 465.435 & 468.020 Statutes/Other Implemented: ORS 465.210 & 468.090 - 468.140 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 4-2006, f. 3-29-06, cert. ef. 3-31-06 DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05 DEQ 19-1998, f. & cert. ef. 10-12-98 DEQ 21-1992, f. & cert. ef. 8-11-92 DEQ 15-1990, f. & cert. ef. 3-30-90 DEQ 4-1989, f. & cert. ef. 3-14-89 DEQ 22-1988, f. & cert. ef. 9-14-88
340-012-0074 Underground Storage Tank (UST) Cleanup Classification of Violations (1) Class I: (a) Failing to report a confirmed release from an UST; (b) Failing to initiate or complete the investigation or cleanup, or to perform required monitoring, of a release from an UST; (c) Failing to conduct free product removal; (d) Failing to properly manage petroleum contaminated soil; or (e) Failing to mitigate fire, explosion or vapor hazards. (2) Class II: (a) Failing to report a suspected release from an UST; (b) Failing to timely submit reports or other documentation from the investigation or cleanup of a release from an UST; or (c) Failing to timely submit a corrective action plan or submitting an incomplete corrective action plan. Statutory/Other Authority: ORS 466.746, 466.994 & 468.020 Statutes/Other Implemented: ORS 466.706 - 466.835 & 466.994 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 4-2006, f. 3-29-06, cert. ef. 3-31-06 DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05
340-012-0079 Heating Oil Tank (HOT) Classification of Violations (1) Class I: (a) Failing to report a release from an HOT as required by OAR 340-163-0020(4) when the failure is discovered by DEQ; (b) Failing to initiate and complete the investigation or cleanup of a release from an HOT; (c) Failing to initiate and complete free product removal; (d) Failing to certify that heating oil tank services were conducted in compliance with all applicable regulations, by a service provider; (e) Failing, by a responsible party or service provider, to conduct corrective action after DEQ rejects a certified report; or (f) Providing or supervising HOT services without first obtaining the appropriate license. (2) Class II: (a) Failing to submit a corrective action plan; (b) Failing to properly decommission an HOT; (c) Failing to hold and continuously maintain insurance as required by OAR 340-163-0050; (d) Failing to have a supervisor present when performing HOT services; (e) Failing to timely report a release from an HOT as required by 340-163-0020(4) when the failure is reported to DEQ by the responsible person or the service provider; or (f) Offering to provide heating oil tank services without first obtaining the appropriate service provider license. Statutory/Other Authority: ORS 466.746, 466.858 - 466.994 & 468.020 Statutes/Other Implemented: ORS 466.706, 466.858 - 466.882, 466.994 & 468.090 - 468.140 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 4-2006, f. 3-29-06, cert. ef. 3-31-06 DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05
340-012-0081 Oil and Hazardous Material Spill and Release Classification of Violations (1) Class I: (a) Failing to immediately clean up spills or releases or threatened spills or releases of oil or hazardous materials, by any person having ownership or control over the oil or hazardous materials; (b) Failing to immediately notify the Oregon Emergency Response System (OERS) of the type, quantity and location of a spill of oil or hazardous material; and corrective and cleanup actions taken and proposed to be taken if the amount of oil or hazardous material released exceeds the reportable quantity or will exceed the reportable quantity within 24 hours; (c) Spilling or releasing any oil or hazardous materials which enters waters of the state; (d) Failing to activate alarms, warn people in the immediate area, contain the oil or hazardous material or notify appropriate local emergency personnel; (e) Failing to immediately implement a required plan; or (f) Failing to take immediate preventative, repair, corrective, or containment action in the event of a threatened spill or release. (2) Class II: (a) Failing to submit a complete and detailed written report to DEQ of a spill of oil or hazardous material; (b) Failing to use the required sampling procedures and analytical testing protocols for oil and hazardous materials spills or releases; (c) Failing to coordinate with DEQ during the emergency response to a spill after being notified of DEQ's jurisdiction; (d) Failing to immediately report spills or releases within containment areas when reportable quantities are exceeded and exemptions are not met under OAR 340-142-0040; (e) Failing to immediately manage any spill or release of oil or hazardous materials consistent with the National Incident Management System (NIMS); (f) Improperly or without approval of DEQ, treating, diluting or disposing of spill, or spill-related waters or wastes; or (g) Using chemicals to disperse, coagulate or otherwise treat a spill or release of oil or hazardous materials without prior DEQ approval. (3) Class III: (a) Failing to provide maintenance and inspections records of the storage and transfer facilities to DEQ upon request; or (b) Failing, by a vessel owner or operator, to make maintenance and inspection records, and oil transfer procedures available to DEQ upon request. Statutory/Other Authority: ORS 466.625 & 468.020 Statutes/Other Implemented: ORS 466.635 - 466.680, 466.992 & 468.090 - 468.140 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 4-2006, f. 3-29-06, cert. ef. 3-31-06 DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05 DEQ 7-2003, f. & cert. ef. 4-21-03 DEQ 1-2003, f. & cert. ef. 1-31-03
340-012-0083 Ballast Water Management Classification of Violations (1) Class I: (a) Discharging ballast water in violation of OAR 340-143-0010; (b) Failing to report ballast water management information required by OAR 340-143-0020 or 340-143-0040(2) to DEQ; (c) Failing to develop and maintain a vessel-specific ballast water management plan in accordance with OAR 340-143-0020(5); or (d) Failing to make a ballast water log or record book available in accordance with OAR 340-143-0020(6)(b). (2) Class II: (a) Failing to report ballast water management information to DEQ at least 24 hours before entering waters of the state in accordance with OAR 340-143-0020(1); or (b) Failing to maintain a complete ballast water log or record book in accordance with OAR 340-143-0020(6). Statutory/Other Authority: ORS 783.600 - 783.992 Statutes/Other Implemented: ORS 783.620 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 4-2006, f. 3-29-06, cert. ef. 3-31-06 DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05 DEQ 1-2003, f. & cert. ef. 1-31-03
340-012-0097 Dry Cleaning Classification of Violations (1) Class I: (a) Discharging dry cleaning wastewater to a sanitary sewer, storm sewer, septic system, or boiler into waters of the state; (b) Failing to have a secondary containment system under and around each dry cleaning machine or each tank or container of stored solvent; (c) Failing to report a release outside of a containment system of more than one pound of dry cleaning solvent (approximately one cup if perchloroethylene) released in a 24-hour period; (d) Failing to timely repair the cause of a release within a containment system of dry cleaning solvent; (e) Failing to immediately clean up a release or repair the cause of a release outside of a containment system of dry cleaning solvents or waste water contaminated with solvent; (f) Illegally treating or disposing of hazardous waste generated at a dry cleaning facility; (g) Transporting, delivering or designating on a manifest, delivery of hazardous waste generated at a dry cleaning facility to a destination facility not authorized or permitted to manage hazardous waste; (h) Failing to use closed, direct-coupled delivery, by a person delivering perchloroethylene to a dry cleaning facility; or (i) Failing to have closed, direct-coupled delivery for perchloroethylene, by a dry cleaning operator. (2) Class II: (a) Failing to place or store hazardous waste generated at a dry cleaning facility in properly labeled and closed containers; (b) Accumulating hazardous waste beyond the specified accumulation time period; (c) Failing, by a dry cleaning owner or operator, to prominently post the Oregon Emergency Response System telephone number so the number is immediately available to all employees of the dry cleaning facility; (d) Failing to immediately clean up a release within a containment system of dry cleaning solvent or hazardous waste; (e) Failing to remove all dry cleaning solvent or solvent containing residue or to disconnect utilities from the dry cleaning machine within 45 days of the last day of dry cleaning machine operations; or (f) Failing to timely submit an annual report to DEQ, by a dry cleaning owner or operator. (3) Class III: Failing to notify DEQ of change of ownership or operator or closure at a dry cleaning business or dry cleaning store. Statutory/Other Authority: ORS 466.070 - 466.080, 466.625 & 468.020 Statutes/Other Implemented: ORS 466.635 - 466.680, 466.990, 466.994 & 468.090 - 468.140 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 4-2006, f. 3-29-06, cert. ef. 3-31-06 DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05
340-012-0098 Classification of Violations for ORS 459A.860 to 459A.975 and related rules (1) Class I: (a) Failing to register or become a member of a producer responsibility organization; (b) Failing to establish a required producer responsibility organization coordination body if needed; (c) Failing to substantially implement a producer responsibility program plan, plan amendment, or coordination plan as approved, directed, or ordered by DEQ; (d) Delivering, or allowing to be delivered, commingled recyclables to a commingled recycling processing facility that does not hold a valid permit issued by DEQ, hold a valid certificate, or meet the requirements of a permit or certificate for a commingled recycling facility; or (e) Failing to update a producer responsibility program plan or to take actions specified in a producer responsibility program plan to meet plastic recycling goals. (2) Class II: (a) Failing to submit a plan, study, notification, report, or other required information to DEQ, unless otherwise classified; (b) Failing to implement one or more elements of a producer responsibility program plan, plan amendment, or coordination plan as approved, directed, or ordered by DEQ; (c) Accepting or promoting for acceptance into a commingled recycling program a material that is not identified on the uniform statewide collection list for collection as part of the commingled recycling program or as part of a trial or research program; (d) Failing to provide the opportunity to recycle as required by OAR chapter 340, division 90; (e) Accepting or promoting for acceptance into a collection program for yard debris or food waste or a compost facility, by a person that operates or controls a collection program for yard debris of food waste or that operates or controls a compost facility, a material that cannot or will not be effectively composted; or (f) Violating any otherwise unclassified requirement related to ORS 459A.860 to 459A.975 or related rules. Statutory/Other Authority: ORS 459A.860 - 459A.975 Statutes/Other Implemented: ORS 459A.860 - 459A.975 History: DEQ 20-2024, adopt filed 11/24/2024, effective 11/24/2024
340-012-0099 Classification of Violations for Producer Responsibility Program Requirements, including ORS 459A.305 to 459A.355 and related rules (1) Class I: (a) Failing to register or participate in a producer responsibility organization; (b) Failing to substantially implement a producer responsibility program plan; (c) Failing to provide for environmentally sound management practices in the collection, transportation, or processing of covered electronic devices; (2) Class II: (a) Failing to submit a plan, study, notification, report, or other required information to DEQ, unless otherwise specified; (b) Failing to implement one or more elements of a producer responsibility program plan; (c) For a coordinating body, failing to coordinate between electronics producer responsibility organizations; (d) Violating any otherwise unclassified requirement of ORS 459A.305 to 459A.355 or related rules. Statutory/Other Authority: ORS 459A.345 & 468.020 Statutes/Other Implemented: ORS 459A.305 - 459A.355 History: DEQ 1-2025, adopt filed 01/09/2025, effective 01/09/2025
340-012-0130 Determination of Violation Magnitude (1) The appropriate magnitude of each civil penalty is determined by first applying the selected magnitude in OAR 340-012-0135. If none is applicable, the magnitude is moderate unless evidence shows that the magnitude is major under paragraph (3) or minor under paragraph (4). (2) The person against whom the violation is alleged has the opportunity and the burden to prove that a magnitude under paragraph (1), (3) or (4) of this rule is more probable than the alleged magnitude, regardless of whether the magnitude is alleged under OAR 340-012-0130 or 340-012-0135. (3) The magnitude of the violation is major if DEQ finds that the violation had a significant adverse impact on human health or the environment. In making this finding, DEQ will consider all reasonably available information, including, but not limited to: the degree of deviation from applicable statutes or commission and DEQ rules, standards, permits or orders; the extent of actual effects of the violation; the concentration, volume, or toxicity of the materials involved; and the duration of the violation. In making this finding, DEQ may consider any single factor to be conclusive. (4) The magnitude of the violation is minor if DEQ finds that the violation had no more than a de minimis adverse impact on human health or the environment, and posed no more than a de minimis threat to human health or the environment. In making this finding, DEQ will consider all reasonably available information including, but not limited to: the degree of deviation from applicable statutes or commission and DEQ rules, standards, permits or orders; the extent of actual or threatened effects of the violation; the concentration, volume, or toxicity of the materials involved; and the duration of the violation. Statutory/Other Authority: ORS 468.020 & 468.130 Statutes/Other Implemented: ORS 459.376, 459.995, 465.900, 465.992, 466.990 - 466.994, 468.090 - 468.140 & 468B.450 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 4-2006, f. 3-29-06, cert. ef. 3-31-06 DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05
340-012-0150 Determination of Economic Benefit (1) The Economic Benefit (EB) is the approximate dollar value of the benefit gained and the costs avoided or delayed (without duplication) as a result of the respondent's noncompliance. Except as provided in (3), the EB will be determined using the U.S. Environmental Protection Agency's BEN computer model. DEQ may make, for use in the model, a reasonable estimate of the benefits gained and the costs avoided or delayed by the respondent. (2) Upon request of the respondent, DEQ will provide the name of the version of the model used and respond to any reasonable request for information about the content or operation of the model. The model’s standard values for income tax rates, inflation rate and discount rate are presumed to apply to all respondents unless a specific respondent can demonstrate that the standard value does not reflect the respondent’s actual circumstance. (3) For violations of the Clean Fuels Program in OAR Chapter 340, division 253, DEQ will determine economic benefit according to subsections (a),(b), or (c), with interest and other considerations as needed to properly capture the full economic benefit of the violation. (a) the actual purchase or sale price of the credits, or the implied value of the credits in a fuel transaction, when a transaction has been completed, if DEQ has sufficient information to determine it; or (b) the average price of credits purchased or sold in the Clean Fuels Program market as published by DEQ for the time period relevant to the violation; or (c) the Credit Clearance Market maximum credit price as calculated under OAR 340-253-1040, where a transaction has not been completed or DEQ has insufficient information to determine the price of the credits. (4) DEQ need not calculate EB if DEQ makes a reasonable determination that the EB is de minimis or if there is insufficient information on which to make an estimate under this rule. (5) DEQ may assess EB whether or not it assesses any other portion of the civil penalty using the formula in OAR 340-012-0045. (6) DEQ's calculation of EB may not result in a civil penalty for a violation that exceeds the maximum civil penalty allowed by rule or statute. However, when a violation has occurred or been repeated for more than one day, DEQ may treat the violation as extending over at least as many days as necessary to recover the economic benefit of the violation. Statutory/Other Authority: ORS 468.020 & 468.090 - 468.140 Statutes/Other Implemented: ORS 459.376, 459.995, 465.900, 465.992, 466.210, 466.990, 466.994, 467.050, 467.990, 468.090 - 468.140 & 468.996 History: DEQ 14-2020, amend filed 05/07/2020, effective 05/07/2020 DEQ 199-2018, amend filed 11/16/2018, effective 01/01/2019 DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05
340-012-0160 DEQ Discretion Regarding Penalty Assessment (1) In addition to the authority described in section (4) below, DEQ has the discretion to increase a base penalty determined under OAR 340-012-0140 to that derived using the next highest penalty matrix. Factors that may be taken into consideration in increasing a base penalty include the respondent's compliance history, the likelihood of future violations, the degree of environmental or human health impact, the deterrence impact and other similar factors. (2) In determining a civil penalty, the director may reduce any penalty by any amount the director deems appropriate if the respondent has voluntarily disclosed the violation to DEQ. In deciding whether a violation has been voluntarily disclosed, the director may take into account any considerations the director deems appropriate, including whether the violation was: (a) Discovered through an environmental auditing program or a systematic compliance program; (b) Voluntarily discovered; (c) Promptly disclosed; (d) Discovered and disclosed independent of the government or a third party; (e) Corrected and remedied; (f) Prevented from recurring; (g) Not repeated; (h) Not the cause of significant harm to human health or the environment; and (i) Disclosed and corrected in a cooperative manner. (3) For the violation of spilling oil or hazardous materials into waters of the state, if the respondent exceeds relevant DEQ regulations pertaining to spill preparation and takes all other reasonably expected precautions to prevent spills and be prepared for spill response, DEQ may reduce the penalty for the spill by 10%. Depending on circumstances, such precautions may include, without limitation, employee safety training, company policies designed to reduce spill risks, availability of spill response equipment or staff, or use of alternative non-toxic oils. (4) Regardless of any other penalty amount listed in this division, the director has the discretion to increase the penalty to $25,000 per violation per day of violation based upon the facts and circumstances of the individual case. (5) DEQ may issue separate civil penalties to each potentially liable person for any violation or violations, regardless of whether the violations arise out of the same facts or circumstances, given compliance objectives, including the level of deterrence needed. Statutory/Other Authority: ORS 468.020 & 468.130 Statutes/Other Implemented: ORS 183.745, 459.376, 459.995, 465.900, 465.992, 466.990, 466.994, 468.090-468.140, 468.996 & 468B.450 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05
340-012-0162 Inability to Pay the Penalty (1) After a penalty is assessed, DEQ may reduce a penalty based on the respondent's inability to pay the full penalty amount. In order to do so, DEQ must receive information regarding the respondent's financial condition on a form required by DEQ along with any additional documentation requested by DEQ. (2) If the respondent is currently unable to pay the full penalty amount, the first option is to place the respondent on a payment schedule with interest. DEQ may reduce the penalty only after determining that the respondent is unable to meet a payment schedule of a length DEQ determines is reasonable. (3) In considering the respondent's ability to pay a civil penalty, DEQ may use the U.S. Environmental Protection Agency's ABEL, INDIPAY or MUNIPAY computer models to evaluate a respondent's financial condition or ability to pay the full civil penalty amount. Upon request of the respondent, DEQ will provide the respondent the name of the version of the model used and respond to any reasonable request for information about the content or operation of the model; (4) DEQ, at its discretion, may refuse to reduce an assessed civil penalty. In exercising this discretion, DEQ may take into consideration any factor related to the violations or the respondent, including but not limited to the respondent's mental state, whether the respondent has corrected the violation or taken efforts to ensure the violation will not be repeated, whether the respondent's financial condition poses a serious concern regarding the respondent's ability to remain in compliance, the respondent's future ability to pay, and the respondent's real property or other assets. Statutory/Other Authority: ORS 468.020 & 468.130 Statutes/Other Implemented: ORS 454.635, 454.645, 459.376, 459.995, 465.900, 465.992, 466.990 - 466.994, 468.090 - 468.140 & 468B.220 - 468B.450 History: DEQ 1-2014, f. & cert. ef. 1-6-14 DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05
340-012-0165 Stipulated Penalties Nothing in OAR chapter 340, division 12 affects the ability of the commission or DEQ to include stipulated penalties in a Mutual Agreement and Order, Consent Order, Consent Judgment or any other order or agreement issued under ORS Chapters 183, 454, 459, 465, 466, 467, 468, 468A, or 468B. Statutory/Other Authority: ORS 454.625, 459.995, 468.020 & 468.996 Statutes/Other Implemented: ORS 183.090 & 183.415 History: DEQ 1-2014, f. & cert. ef. 1-6-14 Renumbered from 340-012-0048, DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05 DEQ 19-1998, f. & cert. ef. 10-12-98 DEQ 21-1992, f. & cert. ef. 8-11-92 DEQ 15-1990, f. & cert. ef. 3-30-90 DEQ 4-1989, f. & cert. ef. 3-14-89