Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0140 - Determination of Base Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except for Class III violations and as provided in OAR 340-012-0155, the base
			 penalty (BP) is determined by applying the class and magnitude of the violation
			 to the matrices set forth in this section. For Class III violations, no
			 magnitude determination is required.
(2) $12,000 Penalty Matrix:
(a) The $12,000 penalty matrix applies to the
			 following:
(A) Any violation of an air quality
			 statute, rule, permit or related order committed by a person that has or should
			 have a Title V permit or an Air Contaminant Discharge Permit (ACDP) issued
			 pursuant to New Source Review (NSR) regulations or Prevention of Significant
			 Deterioration (PSD) regulations, or section 112(g) of the federal Clean Air
			 Act, unless otherwise classified.
(B) Open burning violations as follows:
(i) Any violation of OAR 340-264-0060(3)
 
			 committed by an industrial facility operating under an air quality
			 permit.
(ii) Any violation of OAR
			 340-264-0060(3)  in which 25 or more cubic yards of prohibited materials or more
			 than 15 tires are burned, except when committed by a residential
			 owner-occupant.
(C) Any
			 violation of the Oregon Low Emission and Zero Emission Vehicle rules (OAR
			 340-257) by a vehicle manufacturer.
(D) Any violation of ORS
			 468B.025(1)(a) or
			 (1)(b), or of 468B.050(1)(a) by a person
			 without a National Pollutant Discharge Elimination System (NPDES) permit,
			 unless otherwise classified.
(E)
			 Any violation of a water quality statute, rule, permit or related order by:
(i) A person that has an NPDES permit, or
			 that has or should have a Water Pollution Control Facility (WPCF) permit, for a
			 municipal or private utility sewage treatment facility with a permitted flow of
			 five million or more gallons per day.
(ii) A person that has a Tier 1 industrial
			 source NPDES or WPCF permit.
(iii)
			 A person that has a population of 100,000 or more, as determined by the most
			 recent national census, and either has or should have a WPCF Municipal
			 Stormwater Underground Injection Control (UIC) System Permit, or has an NPDES
			 Municipal Separated Storm Sewer Systems (MS4) Stormwater Discharge
			 Permit.
(iv) A person that installs
			 or operates a prohibited Class I, II, III, IV or V UIC system, except for a
			 cesspool.
(v) A person that has or
			 should have applied for coverage under an NPDES Stormwater Discharge 1200-C
			 General Permit for a construction site that disturbs 20 or more
			 acres.
(F) Any violation
			 of the ballast water statute in ORS Chapter 783 or ballast water management
			 rule in OAR 340, division 143.
(G)
			 Any violation of a Clean Water Act Section 401 Water Quality Certification by a
			 100 megawatt or more hydroelectric facility.
(H) Any violation of a Clean Water Act
			 Section 401 Water Quality Certification for a dredge and fill project except
			 for Tier 1, 2A or 2B projects.
(I)
			 Any violation of an underground storage tanks statute, rule, permit or related
			 order committed by the owner, operator or permittee of 10 or more UST
			 facilities or a person who is licensed or should be licensed by DEQ to perform
			 tank services.
(J) Any violation of
			 a heating oil tank statute, rule, permit, license or related order committed by
			 a person who is licensed or should be licensed by DEQ to perform heating oil
			 tank services.
(K) Any violation of
			 ORS 468B.485, or related rules or
			 orders regarding financial assurance for ships transporting hazardous materials
			 or oil.
(L) Any violation of a used
			 oil statute, rule, permit or related order committed by a person who is a used
			 oil transporter, transfer facility, processor or re-refiner, off-specification
			 used oil burner or used oil marketer.
(M) Any violation of a hazardous waste
			 statute, rule, permit or related order by:
(i)
			 A person that is a large quantity generator or hazardous waste
			 transporter.
(ii) A person that has
			 or should have a treatment, storage or disposal facility permit.
(N) Any violation of an oil and
			 hazardous material spill and release statute, rule, or related order committed
			 by a covered vessel or facility as defined in ORS
			 468B.300 or by a person who is
			 engaged in the business of manufacturing, storing or transporting oil or
			 hazardous materials.
(O) Any
			 violation of a polychlorinated biphenyls (PCBs) management and disposal
			 statute, rule, permit or related order.
(P) Any violation of ORS Chapter 465, UST or
			 environmental cleanup statute, rule, related order or related
			 agreement.
(Q) Unless specifically
			 listed under another penalty matrix, any violation of ORS Chapter 459 or any
			 violation of a solid waste statute, rule, permit, or related order committed
			 by:
(i) A person that has or should have a
			 solid waste disposal permit.
(ii) A
			 city with a population of 25,000 or more, as determined by the most recent
			 national census.
(R) Any
			 violation of the Oregon Clean Fuels Program under OAR Chapter 340, division 253
			 by a person registered as an importer of blendstocks,
(S) Any violation classified under OAR
			 340-012-0054 (1) (dd), (ee), (ff), or (gg).
(T) Any violation of the Oregon Greenhouse
			 Gas Reporting Program under OAR Chapter 340, division 215 by a person with
			 greenhouse gas emissions greater than or equal to 25,000 metric tons per year
			 or by a person that has not reported greenhouse gas emissions to DEQ during the
			 past five years, or by a person for which DEQ has insufficient information to
			 accurately estimate emissions.
(U)
			 Any violation of the Third Party Verification rules under OAR Chapter 340,
			 division 272.
(V) Any violation of
			 the Landfill Gas Emissions rules under OAR chapter 340, division 239 by a
			 person required to comply with OAR 340-239-0110  through OAR
			 340-239-0800.
(W) Any violation of
			 the rules for Emission Standards for New Heavy-Duty Trucks under OAR chapter
			 340 division 261 by engine, truck or trailer manufacturers and
			 dealers.
(X) Any violation of the
			 Climate Protection Program rules under OAR chapter 340, division 271.
(Y) Any violation of the Fuel Tank Seismic
			 Stability Program rules under OAR chapter 340, division 300.