justicedao/ipfs_state_laws huggingface dataset:
345-029-0030 Classification of Violations The Department must determine the classification of a violation based upon severity and considering the guidelines in this rule. The Department may issue a notice of violation for Class I or Class II violations. The Department may, if special circumstances warrant, determine a classification at variance from the guidelines listed below: (1) In general, the following violations are classified as Class II violations: (a) Violation of a term or condition of a site certificate; (b) Violation of an order of the Council; (c) Violation of any applicable rule in divisions 22 through 27 of this chapter; (d) Violation of a Department of Energy order as described in OAR 345-027-0230; or (e) Violation of any applicable provision of ORS Chapter 469. (2) In general, the Department may escalate any Class II violation to a Class I violation. Factors the Department may consider in escalating a Class II violation to Class I include whether the responsible party reported the conditions or circumstances of the violation, the duration of the violation, whether the responsible party implemented prompt and effective corrective actions, the impact on public health and safety or on resources protected by Council standards, and the past performance of the responsible party. To escalate a violation to Class I, the Department must find that the violation meets one of the following criteria: (a) It is a repeated violation. The Department must consider whether the successive violation could reasonably have been prevented by the responsible party by taking appropriate corrective actions for a prior violation; (b) It resulted from the same underlying cause or problem as a prior violation; (c) It is a willful violation; or (d) The violation results in a significant adverse impact on the health and safety of the public or on the environment. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.085, 469.440 & 469.992 History: EFSC 1-2021, amend filed 02/26/2021, effective 02/26/2021 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2000, f. & cert. ef. 2-2-00 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 1-1995, f. & cert. ef. 5-15-95 EFSC 5-1994, f. & cert. ef. 11-30-94
345-029-0040 Response to Notice of Violation In the written response required by OAR 345-029-0020(2)(c), the responsible party must include, as a minimum, the following: (1) Admission or denial of the violation; (2) If the responsible party admits the violation and can determine suitable corrective action: (a) The corrective action taken, and results achieved; (b) Corrective action that the responsible party plans to take to minimize the possibility of recurrence; and (c) The date by which the responsible party expects to achieve full compliance; and (3) If the responsible party admits the violation and cannot determine suitable corrective actions within the 30-day or other time period specified in the notice of violation, a preliminary response that includes a date by which the responsible party will submit a final response that includes all information described in section (2). Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.085, 469.440 & 469.992 History: EFSC 1-2021, amend filed 02/26/2021, effective 02/26/2021 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1995, f. & cert. ef. 5-15-95 EFSC 5-1994, f. & cert. ef. 11-30-94
345-029-0050 Enforcement Conference (1) After issuing a notice of violation for a Class I violation, the Department must provide the responsible party an opportunity for an enforcement conference to discuss the cause and consequences of the violation and to describe the corrective actions taken. The Department may use information discussed at the conference in determining the appropriate enforcement action. (2) Following the enforcement conference, if any, the Department must confirm or amend the classification of the violation and may issue an amended notice of violation, if appropriate. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.085, 469.440 & 469.992 History: EFSC 1-2021, amend filed 02/26/2021, effective 02/26/2021 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1995, f. & cert. ef. 5-15-95 EFSC 5-1994, f. & cert. ef. 11-30-94
345-029-0060 Civil Penalties (1) Following the responsible party's response to the notice of violation described under OAR 345-029-0040, and any enforcement conference, the Department may assess a civil penalty for a Class I violation. The Department must determine the amount of the civil penalty, if any, as follows: (a) Base amount: (A) $1000 per day from the date of discovery for a violation of site certificate terms or conditions or violation of a Department order as described in OAR 345-027-0230, or $2000 per day from the date of discovery for such violation if the Department finds that substantially the same violation occurred within the preceding 36 months; or (B) $2000 per day from the date of discovery for a violation of an enforcement order of the Council, or $5000 per day from the date of discovery for such violation if the Department finds that substantially the same violation occurred within the preceding 36 months; (b) The Department may multiply the base amount by a factor of: (A) 3.0 if the Department finds the violation was intentional or reckless; or (B) 5.0 if the Department finds the violation was intentional or reckless and the violation involved a requirement relating to public health, safety or the environment; (c) The Department may multiply the base amount by either or both of the following factors: (A) 0.75 if the responsible party corrected the violation within the time required to respond to the notice of violation and the responsible party has submitted a plan adequate to minimize the possibility of recurrence; and (B) 0.8 if the responsible party reported the conditions or circumstances of the violation as a result of a compliance audit; and (d) The Department may not reduce the base amount under subsection (c) above if the Department determines an increase in the base amount is warranted under subsection (b). (2) In a notice of assessment of the civil penalty, the Department must include: (a) An analysis of the violations in light of the criteria described in section (1); (b) The amount of the assessment; (c) A proposed order assessing the civil penalty; and (d) A statement of the responsible party's right to a contested case proceeding as provided for in OAR 345-029-0070. (3) The Department must serve the notice of assessment of civil penalty by personal service and by certified or registered mail. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.085 & 469.992 History: EFSC 1-2021, amend filed 02/26/2021, effective 02/26/2021 EFSC 1-2013, f. & cert. ef. 1-28-13 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2000, f. & cert. ef. 2-2-00 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1995, f. & cert. ef. 5-15-95 EFSC 5-1994, f. & cert. ef. 11-30-94
345-029-0070 Contested Case Proceeding (1) Within 20 days after the date of mailing of the notice of assessment of a civil penalty, the responsible party may submit to the Department a written request for a contested case proceeding. For the purpose of this rule, the request is submitted when it is received by the Department. (2) If the responsible party requests a contested case proceeding within the time stated in section (1), the Council must conduct the proceeding under the applicable provisions of OAR 345-015-0002 to 345-015-0085. (3) If the responsible party does not request a contested case proceeding within the time stated in section (1), the Department's proposed order assessing a civil penalty, described under OAR 345-029-0060(2), automatically becomes final. (4) If the responsible party requests a contested case proceeding but fails to appear, the Department's proposed order assessing a civil penalty, described under OAR 345-029-0060(2), becomes final upon a prima facie case made on the record of the Department. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 183.415, 469.085 & 469.992 History: EFSC 1-2021, amend filed 02/26/2021, effective 02/26/2021 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1995, f. & cert. ef. 5-15-95 EFSC 5-1994, f. & cert. ef. 11-30-94
345-029-0080 Payment of Penalty A civil penalty imposed under this division becomes due and payable 10 days after the order imposing the civil penalty becomes final by operation of law or on appeal. If the amount of the penalty is not paid within 10 days after the order becomes final, the order may be recorded with the county clerk in any county of this state. The clerk shall thereupon record the name of the person incurring the penalty and the amount of the penalty in the County Clerk Lien Record. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 183.745, 469.085 & 469.992 History: EFSC 1-2021, amend filed 02/26/2021, effective 02/26/2021 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 5-1994, f. & cert. ef. 11-30-94
345-029-0090 Council Consideration of Mitigating Factors Notwithstanding OAR 345-029-0080, the Council in its order after a contested case proceeding on a civil penalty imposed under OAR 345-029-0060 may rescind or reduce the penalty upon a showing by the responsible party incurring the penalty that imposition of the penalty would be an unreasonable economic and financial hardship, that the responsible party has taken prompt and effective action to correct the violation and ensure that it will not be repeated, or that the responsible party reported the conditions or circumstances of the violation as a result of a routine compliance audit. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.085 & 469.992 History: EFSC 1-2021, amend filed 02/26/2021, effective 02/26/2021 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1995, f. & cert. ef. 5-15-95 EFSC 5-1994, f. & cert. ef. 11-30-94
345-029-0100 Revocation or Suspension of Site Certificate The Council may revoke or suspend any site certificate after conducting a contested case proceeding on the revocation or suspension under the provisions of OAR 345-015-0012 through 0085. A majority vote of the Council or a request from the Department initiates a contested case proceeding on a revocation or suspension. The Council may base revocation or suspension on any of the following grounds: (1) The certificate holder made a material false statement in an application for a site certificate or in supplemental or additional statements of fact or studies required of an applicant when a true answer would have warranted denial of a site certificate by the Council; (2) The certificate holder failed to comply with a term or condition of the site certificate; (3) The certificate holder violated a Department order as described in OAR 345-027-0230; (4) The certificate holder violated any provision of ORS 469.300 to 469.570, 469.590 to 469.621, 469.930 and 469.992, any administrative rule adopted under those statutes, including but not limited to rules contained in OAR chapter 345, or any order of the Council; or (5) For a site certificate subject to ORS 469.410, having been executed prior to July 2, 1975, the certificate holder violated any the provision of ORS 469.300 to 469.520 or failed to comply with applicable health or safety standards. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.440 History: EFSC 1-2021, amend filed 02/26/2021, effective 02/26/2021 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2000, f. & cert. ef. 2-2-00 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 5-1994, f. & cert. ef. 11-30-94
345-029-0503 Applicability of OAR 345-029-0505 through 345-029-0560 (1) OAR 345-029-0503 through 345-029-0560 apply to violations involving the transport or disposal of radioactive materials or waste, including violation of: (a) Any applicable provision of ORS 469.525 or OAR chapter 345, division 050; or (b) Any applicable provision of ORS 469.603 through 469.619, OAR chapter 345, division 060, or any term or condition of a Radioactive Materials Transport Permit. (2) No provision of these rules preclude the Director or Council from taking other actions to protect public health and safety or the environment, including, but not limited to the seeking of injunctive relief or the suspension or revocation of permits or site certificates, authorized under ORS chapters 183 or 469. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.085, 469.470 & 469.992 History: EFSC 1-2021, adopt filed 02/26/2021, effective 02/26/2021
345-029-0505 Definitions for OAR 345-029-0503 through 345-029-0560 As used in OAR 345-029-0503 through 345-029-0560, the following definitions apply: (1) "Compliance audit" means an audit conducted as part of an ongoing program established by the responsible party to evaluate and ensure compliance with applicable rules, statutes, or Radioactive Materials Transport Permit requirements. (2) “Director” means the Director of the Oregon Department of Energy, or Department staff authorized to implement these rules under the Director’s authority. (3) “Reckless” means the responsible party consciously disregarded a substantial and unjustifiable risk that the result would occur or that the circumstance existed. The risk must be of such a nature and degree that disregarding that risk constituted a gross deviation from the standard of care a reasonable person would observe in that situation. (4) "Responsible party" means any person subject to the provisions of: (a) ORS 469.525 or OAR chapter 345, division 050; or (b) ORS 469.603 through 469.619 or OAR chapter 345, division 060. (5) “Violation” means a transgression of any statute, rule, order, license, permit, permit attachment, or any part thereof and includes both acts and omissions. (6) "Willful" means the responsible party had a conscious objective to cause the result of the conduct and the respondent knew or had reason to know that the result was not lawful. Statutory/Other Authority: ORS 469.470 & 469.605 Statutes/Other Implemented: ORS 469.085 & 469.540 History: EFSC 1-2021, adopt filed 02/26/2021, effective 02/26/2021
345-029-0510 Report by a Responsible Party (1) Whenever a responsible party becomes aware of conditions or circumstances that may constitute or result in a violation described under OAR 345-029-0503, the responsible party must: (a) Within 72 hours after discovering the conditions or circumstances, provide written notice of the conditions or circumstances to the Director. The notice must include: (A) A description of the conditions or circumstances; (B) The date of discovery of the conditions or circumstances; (C) A description of the immediate actions the responsible party has taken or intends to take to correct or mitigate conditions or circumstances. The description must explain whether and how the actions have prevented or will prevent a violation from occurring, and when any actions not yet taken are expected to be completed; and (D) A description of how the conditions or circumstances were discovered, including whether they were discovered as the result of a regularly scheduled compliance audit; and (b) As soon as reasonably possible, initiate and complete appropriate action to correct or mitigate the conditions or circumstances. (2) Within 30 days after the date of discovery identified in paragraph (1)(a)(B) of this rule, the responsible party must submit a written report to the Director containing: (a) A discussion of the cause of the reported conditions or circumstances; (b) The estimated date when the conditions or circumstances first began; (c) A description of immediate actions taken to correct or mitigate the conditions or circumstances, including the dates each action was completed; and (d) A description of actions taken or planned to minimize the possibility of recurrence of the conditions or circumstances. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.085, 469.540 & 469.992 History: EFSC 1-2021, adopt filed 02/26/2021, effective 02/26/2021
345-029-0530 Classification of Violations Involving the Transport or Disposal of Radioactive Materials or Wastes Violations involving the transport or disposal of radioactive materials or wastes are classified as follows: (1) Class I Violations include: (a) Any violation of ORS 469.525 or OAR chapter 345, division 050; (b) A failure to obtain an Oregon Radioactive Waste Material Transport Permit as required by ORS 469.605 or OAR 345-060-0004; (c) A failure to immediately report an incident as required by OAR 345-060-0030; (d) A failure to comply with an order of the Director or Council; (2) Class II Violations include: (a) A failure to route shipments of spent nuclear fuel or placarded shipments of radioactive materials as required by ORS 469.606 or OAR 345-060-0040; (b) Any violation of OAR 345-060 or an Oregon Radioactive Materials Transport Permit not otherwise described in this rule; and (3) Class III violations include: (a) A failure to give notice for inspection or schedule change as required by OAR 345-060-0005; (b) A failure to maintain packaging, placarding, labeling, or shipment documentation as required by OAR 345-060-0025. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.085, 469.540 & 469.992 History: EFSC 1-2021, adopt filed 02/26/2021, effective 02/26/2021
345-029-0550 Enforcement Conference If requested by the responsible party in its response to the Pre-Enforcement Notice provided under OAR 345-029-0520(2), the Director must provide the responsible party an opportunity for an enforcement conference to present information regarding the alleged violation and to discuss any corrective actions taken or proposed. The Director may use information discussed at the conference in determining the appropriate enforcement action. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.085, 469.540 & 469.992 History: EFSC 1-2021, adopt filed 02/26/2021, effective 02/26/2021
345-030-0005 General This rule applies to each research or other reactor in the State of Oregon that is designed to produce less than 200,000 thermal kilowatts. The intent of the rule is to ensure that the Energy Facility Siting Council is advised of the operation of such reactors. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.300 & 469.470 History: EFSC 1-2007, f. & cert. ef. 5-15-07 NTEC 5, f. 1-19-73, ef. 2-1-73 NTEC 4, f. 10-4-72, ef. 10-15-72
345-050-0006 Disposal Prohibited As provided under ORS 469.525, no radioactive waste shall be disposed of within this state, no person may arrange for disposal of radioactive waste within this state, no person may transport radioactive waste for disposal in this state, and no waste disposal facility for any radioactive waste shall be established, operated or licensed within this state, except as provided in ORS chapter 469 and this division. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.525 History: EFSC 6-2023, amend filed 11/17/2023, effective 11/17/2023 EFSC 1-1999, f. & cert. ef. 3-5-99 EFSC 9-1981, f. & ef. 12-28-81 Reverted to EFSC 9-1978, f. 12-28-78, ef. 3-1-79 EFSC 1-1979(Temp), f. & ef. 3-5-79 EFSC 9-1978, f. 12-28-78, ef. 3-1-79
345-050-0020 Exempt Concentrations (1) Materials that contain radionuclides in concentrations below the applicable concentration identified in Table 1 are not radioactive waste for purposes of ORS 469.525 and these rules . Additionally, wastes with the following characteristics are considered to contain exempt concentrations: (2) Radium-bearing materials containing less than 5 picocuries of radium-226 per gram of solid, regardless of quantity, (3) Thorium-bearing materials containing less than 20 picocuries of radium-228 per gram of solid, if the radium-228 is present with the parent thorium-232, regardless of quantity, or (4) Lead-210-bearing wastes which are not in equilibrium with uranium-238, are the result of fossil fuel-related production including refining, transport, or storage, and contain less than 10 picocuries per gram of solid regardless of quantity. [ED. NOTE: The Table referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.] Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.300, ORS 469.470 & ORS 469.525 History: EFSC 6-2023, amend filed 11/17/2023, effective 11/17/2023 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1999, f. & cert. ef. 3-5-99 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 9-1978, f. 12-28-78, ef. 3-1-79
345-050-0025 Exempt Quantities (1) Materials that contain radionuclides in individual quantities that do not exceed the applicable quantity identified in Table 2 are not radioactive waste for the purposes of ORS 469.525 and these rules unless the number of individual radionuclides at their maximum allowable activity given in Table 2 exceeds 10. Additionally, wastes with the following characteristics are considered to contain exempt quantities: (2) Radium-bearing material containing a total radium-226 activity of less than 10 microcuries, regardless of concentration. (3) Thorium-bearing materials containing a total radium-228 activity of less than 100 microcuries, if the radium-228 is present with the parent thorium-232, regardless of concentration in the solid. [ED. NOTE: The Table referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.] Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.300 & ORS 97.153 History: EFSC 6-2023, amend filed 11/17/2023, effective 11/17/2023 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 5-1980, f. & ef. 4-25-80 EFSC 9-1978, f. 12-28-78, ef. 3-1-79