Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 90 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-090-0060 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise required by the context, as used in this
				Division:
(1) "Compliance" means
			 meeting the requirements of ORS
			 568.900 to
			 568.933 or any of the
			 department's rules or orders pursuant thereto.
(2) "Flagrant Violation" means any violation
			 where the respondent had actual knowledge of the law and knowingly committed
			 the violation.
(3) "Formal
			 Enforcement Action" means any order of the director or the director's designee
			 which is issued to a respondent in connection with a violation and requires the
			 respondent to cease the violation, refrain from further violations, pay a Civil
			 Penalty, or take other actions with respect to the violation. Formal
			 enforcement actions include, but are not limited to, Notices of Noncompliance,
			 Civil Penalty assessment, compliance schedules and stipulated or consent
			 orders.
(4) "Intentional" means
			 conduct by a person with a conscious objective to cause the result of the
			 conduct.
(5) "Negligence" or
			 "Negligent" means failure to take reasonable care to avoid a foreseeable risk
			 of committing a violation.
(6)
			 "Order" has the meaning given in ORS
			 183.310.
(7) "Past occurrence of violations" means any
			 violation for which a Notice of Noncompliance or assessment of Civil Penalty
			 was issued within the preceding ten years. It does not include a violation if
			 the notice is the subject of a pending appeal or if the notice has been
			 withdrawn or successfully appealed.
(8) "Person" includes individuals,
			 corporations, associations, firms, joint stock companies, public and municipal
			 corporations, political subdivisions of the state and any agencies thereof, and
			 the federal government and any agency thereof.
(9) "Previous notice of the same or similar
			 violation" means a Notice of Noncompliance or assessment of Civil Penalties for
			 the same or a similar type of violation that was issued within the preceding
			 five years. It includes a notice for the same or a similar type of violation
			 which is the subject of a pending appeal. It does not include a notice that has
			 been withdrawn or successfully appealed.
(10) "Reckless" 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 a nature and degree that disregard thereof constitutes a gross deviation
			 from the standard of care a reasonable person would observe in that
			 situation.
(11) "Repeat Violation"
			 means the recurrence of the same type of violation as a violation for which a
			 Notice of Noncompliance or assessment of Civil Penalty was issued within the
			 preceding ten years. It does not include a violation if the previous notice is
			 the subject of a pending appeal or if the notice has been withdrawn or
			 successfully appealed.
(12)
			 "Respondent" means the person to whom a formal enforcement action is
			 directed.
(13) "Rule" has the
			 meaning given in ORS 183.310.
(14) "Violation" means failure to comply with
			 any rule or order made by the department pursuant to ORS
			 568.900 to
			 568.933 and includes both acts
			 and omissions.
(15) "Wastes" has
			 the meaning given in ORS
			 468B.005.
Statutory/Other Authority: ORS 561 & ORS
				  568.900 -
				  568.933
Statutes/Other Implemented: ORS
				  568.900 -
				  568.933