Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 74 - CONFINED ANIMAL FEEDING OPERATION PROGRAM › Section 603-074-0080 - Civil Penalty Determination Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
In determining the amount of a civil penalty to be assessed for
				any violation, the department shall apply the following procedure:
(1) Determine the magnitude of the violation
			 as specified in OAR 603-074-0070(4).
(2) Determine the gravity of effect pertinent
			 to the violation as specified in OAR 603-074-0070(5).
(3) Using the magnitude of the violation and
			 the gravity of effect identified, and depending on whether it is the first or a
			 repeat violation, determine the base penalty (B) by reference to the
			 appropriate matrix contained in OAR 603-074-0080.
Civil Penalty Matrix for First Violation
Gravity of EffectMagnitude of Violation
High
Medium
Low
Category 1 (Major)
$1,200
$800
$400
Category II (Moderate)
$600
$400
$200
Category III (Minor)
$240
$120
$50
Civil Penalty Matrix for Repeat Violations
Gravity of EffectMagnitude of Violation
High
Medium
Low
Category I (Major)
$5,000
$2,400
$800
Category II (Moderate)
$1,600
$800
$400
Category III (Minor)
$400
$200
$100
(4)
			 Calculate the amount of the civil penalty to be assessed utilizing the formula:
			 B + [(.1 X B) (P + H + R)] = Penalty Amount where:
(a) B = Base penalty is the primary penalty
			 for a given violation derived from the appropriate matrix contained in OAR
			 603-074-0080;
(b) P = Past
			 occurrence of violations. P will be weighted from 0 to 6 in the following
			 manner:
(A) 0 = no prior violation or
			 insufficient evidence on which to base a finding;
(B) 1 = past occurrence of a category III
			 violation;
(C) 2 = past occurrence
			 of a Category II violation or two category III violations;
(D) 3 = past occurrence of a Category I
			 violation, two Category II violations, or three Category III
			 violations:
(E) 4 = past occurrence
			 of two Category I violations, three Category II violations or four Category III
			 violations;
(F) 5 = past occurrence
			 of three Category I violations, four Category II violations, or five or more
			 Category III violations;
(G) 6 =
			 past occurrence of more than three Category I violations or five or more
			 Category II violations.
(c) H = History of the person in taking all
			 feasible steps or procedures necessary and appropriate to prevent or correct a
			 violation. H will be weighted from -2 to 2 in the following way:
(A) -2 = the person took all feasible steps
			 to correct any prior violations:
(B) 0 = there is no prior history or
			 insufficient information on which to base a finding;
(C) 1 = the person took some, but not all
			 feasible steps to correct prior violations;
(D) 2 = the person took no action to correct
			 prior violations.
(d) R
			 = Preventability of the violation and whether negligence or misconduct was
			 involved. R will be weighted from -2 to 7 in the following way:
(A) -2 = the person's actions determined to
			 be in violation were unavoidable and the person notified the department of the
			 violation in accordance with the terms of the person's permit;
(B) -1 = the person's actions determined to
			 be in violation were unavoidable;
(C) 0 = information is insufficient to make
			 any finding;
(D) 2 = the person's
			 actions determined to be in violation were reasonably avoidable and the person
			 notified the department of the violation in accordance with the terms of the
			 person's permit;
(E) 4 = the
			 person's actions determined to be in violation were reasonably
			 avoidable;
(F) 7 = the person's
			 actions were flagrant or reckless.