reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0515 - Authorized Representative of Respondent other than a Natural Person in a Contested Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
A corporation, partnership, limited liability company,
				unincorporated association, trust and government body may be represented by
				either an attorney or an authorized representative in a contested case hearing
				before an administrative law judge or the commission to the extent allowed by
				OAR
				137-003-0555.
Stat. Auth.: ORS 183.341 & 468.020
Stats. Implemented: ORS
				  183.457
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0520 - Liability for the Acts of a Person's Employees

Current through Register Vol. 63, No. 7, July 1, 2024
A person is legally responsible for not only its direct acts
				but also the acts of its employee when the employee is acting within the scope
				of the employment relationship, regardless of whether the person expressly
				authorizes the act in question. The mental state ("M" factor under OAR
				340-012-0145) of an employee can be imputed to the employer. Nothing in this rule prevents
				DEQ from issuing a formal enforcement action to an employee for violations
				occurring during the scope of the employee's employment.
Stat. Auth.: ORS 183.341 & 468.020
Stat. Implemented: ORS 468.005, 468.130 &
				  468.140
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0525 - Service and Filing of Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Service will be made either personally or
			 by certified mail. Service is perfected when received by the named person, if
			 by personal service, or when mailed, if sent by mail. Service may be made upon:
(a) The named person;
(b) Any other person designated by law as
			 competent to receive service of a summons or notice for that person; or
(c) The person's attorney or other
			 authorized representative.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0530 - Requests for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 a request for hearing is not required by statute or rule, or the requirement to
			 file a request for hearing is waived in the formal enforcement action, a person
			 has 20 calendar days from the date of service of the notice of a right to a
			 contested case hearing in which to file a written request for hearing unless
			 another timeframe is allowed by statute or rule.
(2) The request for hearing must include a
			 written response that admits or denies all factual matters alleged in the
			 notice, and alleges any and all affirmative defenses and the reasoning in
			 support thereof. Due to the complexity, factual matters not denied will be
			 considered admitted, and failure to raise a defense will be a waiver of the
			 defense. New matters alleged in the request for hearing are denied by DEQ
			 unless admitted in subsequent stipulation.
(3) An amended request for hearing may be
			 accepted by DEQ if DEQ determines that the filing of an amended request will
			 not unduly delay the proceeding or unfairly prejudice the participants. The
			 participant must provide DEQ with a written explanation why an amended request
			 for hearing is needed.
(4) A late
			 request for hearing will be accepted by DEQ if:
(a) The request is postmarked within 20
			 calendar days of service of the notice, and;
(b) DEQ receives the late request for hearing
			 within 60 days of the date the notice became final upon default.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0535 - Final Orders by Default

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If a person fails to request a hearing within the time allowed and no further
			 evidence is necessary to make a prima facie case, the notice of a right to a
			 contested case hearing will become final by operation of law as provided in OAR
			 137-003-0672.
(2) If the person fails to request
			 a hearing within the time allowed and DEQ determines that evidence, in addition
			 to the evidence in DEQ's record, is necessary to make a prima facie case, DEQ
			 will proceed to a contested case hearing for the purpose of establishing a
			 prima facie case.
(3) If the
			 participant files a timely request for hearing but either: withdraws the
			 request; or, after being provided notice of the time and place of the hearing,
			 either fails to appear at a hearing or notifies either the administrative law
			 judge or DEQ, in writing, that the participant does not intend to appear at the
			 hearing, DEQ will enter and serve a final order by default.
(4) If more than one person is named in the
			 notice of a right to a contested case hearing and any person defaults as
			 provided in this rule, the notice will become final as it pertains to any
			 person in default.
Stat. Auth.: ORS 183.335 & 468.020
Stat. Impl.: ORS 183.415 &
				  183.090
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0540 - Consolidation or Bifurcation of Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
Proceedings for the assessment of multiple civil penalties for
				multiple violations may be consolidated into a single proceeding or bifurcated
				into separate proceedings, at DEQ's discretion. Additionally, DEQ, at its
				discretion, may consolidate or bifurcate contested case hearings involving the
				same fact or set of facts constituting the violation.
Stat. Author ORS 183.341 & 468.020
Stat. Implemented: ORS
				  183.415
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0545 - Burden and Standard of Proof in Contested Case Hearings; DEQ Interpretation of Rules and Statutory Terms

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The participant who asserts a fact or position is the
			 proponent of that fact or position and has the burden of presenting evidence to
			 support that fact or position, unless the burden is specifically allocated
			 differently by a statute or rule.
(2) All findings in a proposed or final order
			 must be based on a preponderance of evidence in the record unless another
			 standard is specifically required by statute or rule.
(3) In reviewing DEQ's interpretation of a
			 DEQ rule as applied in a formal enforcement action, an administrative law judge
			 must follow DEQ's interpretation if that interpretation is both plausible and
			 reasonably consistent with the wording of the rule and the underlying statutes.
			 The administrative law judge may state, on the record, an alternative
			 interpretation for consideration on appeal.
(4) With the exception of exact terms that do
			 not require interpretation, an administrative law judge shall give DEQ's
			 interpretation of statutory terms the appropriate deference in light of DEQ's
			 expertise with the subject matter, DEQ's experience with the statute, DEQ's
			 involvement in the relevant legislative process, and the degree of discretion
			 accorded DEQ by the legislature.
Stat. Author ORS 183.341 & 468.020
Stat. Implemented: ORS
				  183.450
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0550 - Discovery

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Motions for
			 discovery will only be granted if the motion establishes that:
(a) The participant seeking the information
			 attempted to obtain the information through an informal process. If the
			 participant is seeking information from a public agency, the participant must
			 make a public record request prior to petitioning for discovery; and
(b) The discovery request is reasonably
			 likely to produce information that is generally relevant and necessary to the
			 matters alleged in the notice of a right to a contested case hearing and the
			 request for hearing, or is likely to facilitate resolution of the case.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0555 - Subpoenas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subpoenas for
			 the attendance of witnesses or production of documents at a contested case
			 hearing will be issued in accordance with OAR
			 137-003-0585.
(2) Copies of the subpoena must be
			 provided to the administrative law judge and all participants at the time of
			 service to the person to whom the subpoena is issued.
(3) Service of a subpoena for the attendance
			 of a witness must be completed by personal service unless the witness has
			 indicated that he is willing to appear and the subpoena is mailed at least 10
			 days prior to the hearing. Personal service should be effected at least 7 days
			 prior to the hearing.
(4) Service
			 of a subpoena for the production of documents at a contested case hearing may
			 be effected by regular mail provided that it is done sufficiently in advance of
			 the hearing to allow reasonable time to produce the documents.
(5) Service of a subpoena for both the
			 attendance of a witness and production of documents must be completed as
			 provided under section (3) of this rule.
(6) Any witness who appears at a hearing
			 under a subpoena will receive fees and mileage as set forth in ORS 44.415(2).
Stat. Author ORS 183.341 & 468.020
Stat. Implemented: ORS 183.425, 183.440 &
				  468.120
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0560 - Public Attendance at Contested Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
An administrative law judge may close a contested case hearing
				to the public upon the request of a participant in the contested case
				hearing.
Stat. Auth.: ORS 183.341 & ORS 468.020
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0565 - Immediate Review

Current through Register Vol. 63, No. 7, July 1, 2024
Immediate review under OAR
				137-003-0640 is not allowed.
Stat. Auth.: ORS 183.341 & 468.020
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0570 - Permissible Scope of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 scope of a contested case hearing will be limited to those matters that are
			 relevant and material to either proving or disproving the matters alleged in
			 the notice and request for hearing. Equitable remedies will not be considered
			 by an administrative law judge.
(2) The administrative law judge may not
			 reduce or mitigate a civil penalty below the amount established by the
			 application of the civil penalty formula contained in OAR 340, division
			 12.
Stat. Auth.: ORS 183.341 & 468.020
Stats. Implemented: ORS 183.450 &
				  468.130
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0573 - Proposed Orders in Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following the close of the record for a
			 contested case hearing, the administrative law judge will issue a proposed
			 order. The administrative law judge will serve the proposed order on each
			 participant.
(2) Within 15 days
			 after a proposed contested case order is served, a participant in the contested
			 case hearing may file a motion requesting that the administrative law judge
			 clarify or supplement a proposed order. The motion must specify why the
			 participant believes that the proposed order fails to conform to the
			 requirements of OAR
			 137-003-0645  and recommend changes to the order. The motion must be filed with the
			 administrative law judge and a copy provided to all participants.
(3) The administrative law judge may grant or
			 deny a motion filed under section (2) of this rule within 15 days. If the
			 motion is granted, the administrative law judge may take the matter under
			 advisement and reissue the proposed order unchanged or may issue an amended
			 proposed order. If the administrative law judge fails to act on the motion
			 within 15 days, the motion is deemed denied by operation of law.
(4) The filing of a timely motion for
			 clarification under section (2) of this rule tolls the period for filing a
			 Petition for Commission Review of the proposed contested case order under OAR
			 340-011-0575.
			 Tolling of the period begins on the day the motion is filed with the
			 administrative law judge and ends on the day the motion is denied, deemed
			 denied by operation of law, or the proposed order is reissued without changes.
			 If the administrative law judge issues an amended proposed order, the amended
			 order will be treated as a new proposed order for the purpose of filing a
			 timely Petition for Commission Review under
			 340-011-0575.
(5) The motion for clarification
			 authorized by this rule is intended to alter the provisions of OAR
			 137-003-0655  but not to eliminate the authority of the administrative law judge to correct a
			 proposed order in the manner specified in section (2) of that rule.
(6) A motion for clarification and any
			 response to a motion for clarification will be part of the record on
			 appeal.
Stat. Auth.: ORS 468.020, 183.341, 183,452
Stats. Implemented: ORS 468A.020, 468.070, 468.090 - 0140,
				  183.341, 183.452
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0580 - Petitions for Reconsideration or Rehearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A participant is not required to seek
			 either reconsideration or rehearing of a final order prior to seeking judicial
			 review.
(2) Any petition for
			 reconsideration or rehearing must be received by DEQ within 60 days of service
			 of the final order. Unless specifically set forth in this rule, the procedures
			 for petitions for reconsideration or rehearing are those in OAR
			 137-003-0675.
(3) A petition for reconsideration
			 or rehearing does not stay the effect of the final order.
(4) The director, on behalf of the
			 commission, shall issue orders granting or denying petitions for
			 reconsideration and rehearing.
Stat. Auth.: ORS 183.341 & 468.020
Stats. Implemented: ORS 183.480 &
				  183.482
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0585 - Petitions for a Stay of the Effect of a Final Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A petition to stay the effect of any
			 final order must be received by DEQ within 60 days of service of the final
			 order. Unless specifically set forth in this rule, the procedures for petitions
			 for a stay are those in OAR
			 137-003-0690  through 0700.
(2) If a participant
			 submits a petition for reconsideration or rehearing or a late request for
			 hearing, the petition for a stay must accompany that petition.
(3) A petition for a stay must contain all
			 the elements set forth in OAR
			 137-003-0690  and be served upon all participants as set forth in
			 137-003-0690(4).
(4) Any participant may seek to
			 intervene in the stay proceeding as set forth in OAR
			 137-003-0695  by filing a response to the petition for a stay with DEQ.
(5) The director, on behalf of the
			 commission, shall issue an order granting or denying the petition for a stay
			 within 30 days of receipt of the petition.
Stat. Auth.: ORS 183.341 & 468.020
Stats. Implemented: ORS 183.480 &
				  183.482
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0026 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The goals of
			 enforcement are to:
(a) Protect the public
			 health and the environment;
(b)
			 Obtain and maintain compliance with applicable environmental statutes and DEQ's
			 rules, permits and orders;
(c)
			 Deter future violators and violations; and
(d) Ensure an appropriate and consistent
			 statewide enforcement program.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0028 - Scope of Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
Amendments to OAR
				340-012-0026  to
				340-012-0170 shall only apply to formal enforcement actions issued by DEQ on or after the
				effective date of such amendments and not to any contested cases pending or
				formal enforcement actions issued prior to the effective date of such
				amendments.
Stat. Auth.: ORS 454, 459.995, 466, 467, 468.020 &
				  468.996
Stats. Implemented: ORS 183.090, 454.635, 454.645, 459.376,
				  459.995, 465.900, 466.210, 466.880 - 895, 468.090 - 140, 468A.990, 468.992,
				  468B.025, 468B.220 & 468B.450
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0041 - Formal Enforcement Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 FEAs may require that the respondent take action within a specified timeframe
			 or may assess civil penalties. DEQ may issue an NPV or FEA whether or not it
			 has previously issued a WL or PEN related to the issue or violation. Unless
			 specifically prohibited by statute or rule, DEQ may issue an FEA without first
			 issuing an NPV.
(2) A Notice of
			 Civil Penalty Assessment and Order may be issued for the occurrence of any
			 class of violation that is not limited by the NPV requirement of OAR
			 340-012-0038(3).
(3) An Order may be in the form of
			 a commission or department order, including any written order that has been
			 consented to in writing by the parties thereto, including but not limited to, a
			 Mutual Agreement and Order (MAO).
(4) A Final Order and Stipulated Penalty
			 Demand Notice may be issued according to the terms of any written final order
			 that has been consented to in writing by the parties thereto, including, but
			 not limited to, a MAO.
(5) A
			 pre-enforcement offer to settle may be made pursuant to DEQ's expedited
			 enforcement procedures in OAR
			 340-012-0170(2)
 
			 or Field Penalty procedures prescribed by OAR chapter 340, division 150.
(6) The enforcement actions
			 described in sections (2) through (5) of this rule in no way limit DEQ or
			 commission from seeking any other legal or equitable remedies, including
			 revocation of any DEQ-issued license or permit, provided by ORS Chapters 183,
			 454, 459, 465, 466, 467, 468, 468A, and 468B.
Stat. Auth.: ORS 454.625, 459.376, 465.400-410, 466.625,
				  467.030, 468.020, 468A.025, 468A.045 & 468B.035
Stats. Implemented: ORS 454.635, 454.645, 459.376, 459.995,
				  465.900, 466.210, 466.880-895, 468.090-140, 468A.990, 468.992, 468B.025,
				  468B.220 & 468B.450
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0045 - Civil Penalty Determination Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
DEQ may assess a civil penalty for any violation, in addition
				to any other liability, duty, or other penalty provided by law. Except for
				civil penalties assessed under either OAR
				340-012-0155 or OAR
				340-012-0160,
				DEQ determines the amount of the civil penalty using the following formula: BP
				+ [(0.1 x BP) x (P + H + O + M + C)] + EB.
(1) BP is the base penalty and is determined
			 by the following procedure:
(a) The
			 classification of each violation is determined according to OAR
			 340-012-0053  to
			 340-012-0097.
(b) The magnitude of the violation
			 is determined according to OAR
			 340-012-0130  and
			 340-012-0135.
(c) The appropriate base penalty
			 (BP) for each violation is determined by applying the classification and
			 magnitude of each violation to the matrices in OAR
			 340-012-0140.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0053 - Classification of Violations that Apply to all Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Class I
:
(a) Violating a requirement or condition of a
			 commission or department order, consent order, agreement, consent judgment
			 (formerly called judicial consent decree) or compliance schedule contained in a
			 permit or permit attachment;
(b)
			 Submitting false, inaccurate or incomplete information to DEQ where the
			 submittal masked a violation, caused environmental harm, or caused DEQ to
			 misinterpret any substantive fact;
(c) Failing to provide access to premises or
			 records as required by statute, permit, order, consent order, agreement or
			 consent judgment (formerly called judicial consent decree); or
(d) Using fraud or deceit to obtain DEQ
			 approval, permit, permit attachment, certification, or license.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0060 - Onsite Sewage Disposal Classification of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Class I
:
(a) Performing sewage disposal services
			 without a current license;
(b)
			 Installing or causing to be installed an onsite wastewater treatment system or
			 any part thereof, or repairing or causing to be repaired any part thereof,
			 without first obtaining a permit;
(c) Disposing of septic tank, holding tank,
			 chemical toilet, privy or other treatment facility contents in a manner or
			 location not authorized by DEQ;
(d) Owning, operating or using an onsite
			 wastewater treatment system that is discharging sewage or effluent to the
			 ground surface or into waters of the state; or
(e) Failing to comply with statute, rule,
			 license, permit or order requirements regarding notification of a spill or
			 upset condition, which results in a non-permitted discharge to public waters.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0064 - Fuel Tank Seismic Stability Enforcement Classification of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Class I:
(a) Failure to timely submit a facility
			 Seismic Vulnerability Assessment as required under OAR 340-300-0004.
(b) Failure to timely submit a facility Risk
			 Mitigation Implementation Plan or a final post-implementation report as
			 required under OAR 340-300-0005.
(c) Failure to implement DEQ approved Risk
			 Mitigation Implementation Plan.
(d)
			 Failure to maintain equipment, personnel and training at levels described in an
			 approved Risk Mitigation Implementation Plan.
(e) Operating a bulk fuel terminal without an
			 approved facility Seismic Vulnerability Assessment or Risk Mitigation
			 Implementation Plan.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0065 - Solid Waste Management Classification of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Class I
:
(a) Establishing or operating a disposal site
			 without first obtaining a registration or permit;
(b) Accepting solid waste for disposal in a
			 permitted solid waste unit or facility that has been expanded in area or
			 capacity without first submitting plans to DEQ and obtaining DEQ approval;
(c) Disposing of or authorizing
			 the disposal of a solid waste at a location not permitted by DEQ to receive
			 that solid waste;
(d) Violating a
			 lagoon freeboard limit that results in the overflow of a sewage sludge or
			 leachate lagoon;
(e) Accepting for
			 treatment, storage, or disposal at a solid waste disposal site, without
			 approval from DEQ, waste defined as hazardous waste, waste from another state
			 which is hazardous under the laws of that state, or wastes prohibited from
			 disposal by statute, rule, permit, or order;
(f) Failing to properly construct, maintain,
			 or operate in good functional condition, groundwater, surface water, gas or
			 leachate collection, containment, treatment, disposal or monitoring facilities
			 in accordance with the facility permit, DEQ approved plans, or DEQ rules;
(g) Failing to collect, analyze or
			 report groundwater, surface water or leachate quality data in accordance with
			 the facility permit, the facility environmental monitoring plan, or DEQ rules;
(h) Mixing for disposal or
			 disposing of recyclable material that has been properly prepared and source
			 separated for recycling;
(i)
			 Failing to establish or maintain financial assurance as required by statute,
			 rule, permit or order;
(j) Failing
			 to comply with the terms of a permit terminated due to a failure to submit a
			 timely application for renewal; or
(k) Operating a composting facility in a
			 manner that causes a discharge to surface water of pollutants, leachate or
			 stormwater when that discharge is not authorized by a NPDES permit.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0066 - Solid Waste Tire Management Classification of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Class
			 I
:
(a) Establishing or operating a
			 waste tire storage site without first obtaining a permit;
(b) Disposing of waste tires or tire-derived
			 products at an unauthorized site;
(c) Violating the fire safety requirements of
			 a waste tire storage site permit;
(d) Hauling waste tires without first
			 obtaining a waste tire carrier permit; or
(e) Failing to establish and maintain
			 financial assurance as required by statute, rule, permit or order.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0067 - Underground Storage Tank (UST) Classification of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Class
			 I
:
(a) Failing to investigate or
			 confirm a suspected release;
(b)
			 Failing to establish or maintain the required financial responsibility
			 mechanism;
(c) Failing to obtain
			 the appropriate general permit registration certificate before installing or
			 operating an UST;
(d) Failing to
			 install spill and overfill protection equipment that will prevent a release, or
			 failing to demonstrate to DEQ that the equipment is properly functioning;
(e) Failing to install, operate or
			 maintain a method or combination of methods for release detection such that the
			 method can detect a release from any portion of the UST system;
(f) Failing to protect from corrosion any
			 part of an UST system that routinely contains a regulated substance;
(g) Failing to permanently decommission an
			 UST system;
(h) Failing to obtain
			 approval from DEQ before installing or operating vapor or groundwater
			 monitoring wells as part of a release detection method;
(i) Installing, repairing, replacing or
			 modifying an UST system in violation of any rule adopted by DEQ;
(j) Failing to conduct testing or monitoring,
			 or to keep records where the failure constitutes a significant operational
			 compliance violation;
(k)
			 Providing, offering or supervising tank services without the appropriate
			 license; or
(l) Failing to assess
			 the excavation zone of a decommissioned or abandoned UST when directed to do so
			 by DEQ.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0071 - Polychlorinated Biphenyl (PCB) Classification of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Class I
:
(a) Treating, storing or disposing of PCBs
			 anywhere other than a permitted PCB disposal facility or a location authorized
			 by DEQ; or
(b) Establishing,
			 constructing or operating a PCB disposal facility without first obtaining a
			 permit or DEQ authorization.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0072 - Used Oil Management Classification of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Class I:
(a) Using used oil as a dust suppressant,
			 pesticide, or otherwise spreading used oil directly in the
			 environment;
(b) Burning a used oil
			 mixture where the used oil mixture has less than 5,000 Btu/pound;
(c) Offering for sale used oil as
			 specification used oil fuel when the used oil does not meet used oil fuel
			 specifications;
(d) Selling
			 off-specification used oil fuel to a facility not meeting the definition of an
			 industrial boiler or furnace;
(e)
			 Burning off-specification used oil in a device that does not meet the
			 definition of an industrial boiler or furnace and is not otherwise
			 exempt;
(f) Failing to make an
			 on-specification used oil fuel determination when required, by a used oil
			 generator, transporter, burner or processor;
(g) Storing or managing used oil in a surface
			 impoundment;
(h) Failing to
			 determine whether used oil exceeds the permissible halogen content, by a used
			 oil transporter, burner or processor;
(i) Failing to perform required closure on a
			 used oil tank or container, by a used oil processor or re-refiner;
(j) Failing to maintain required secondary
			 containment at a used oil transfer facility or by a processor, burner, or
			 marketer of used oil; or
(k)
			 Failing to immediately clean up spills or releases or threatened spills or
			 releases of used oil, by any person having ownership or control over the used
			 oil.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0073 - Environmental Cleanup Classification of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 465.280, 465.400 - 465.410, 465.435 &
				  468.020
Stats. Implemented: ORS 465.210 & 468.090 -
				  468.140
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0074 - Underground Storage Tank (UST) Cleanup Classification of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0079 - Heating Oil Tank (HOT) Classification of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0081 - Oil and Hazardous Material Spill and Release Classification of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0082 - Contingency Planning Classification of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Class I
:
(a) Failing to immediately implement the oil
			 spill prevention and emergency response contingency plan or other applicable
			 contingency plan, after discovering a spill;
(b) Operating an onshore or offshore facility
			 without an approved or conditionally approved oil spill prevention and
			 emergency response contingency plan;
(c) Entering into the waters of the state, by
			 a covered vessel without an approved or conditionally approved oil spill
			 prevention and emergency response contingency plan or purchased coverage under
			 an umbrella oil spill prevention and emergency response contingency plan;
(d) Failing to implement
			 prevention measures identified in the facility or covered vessel spill
			 prevention plan that directly results in a spill;
(e) Failing to maintain equipment, personnel
			 and training at levels described in an approved or conditionally approved oil
			 spill prevention and emergency response contingency plan;
(f) Failing to establish and maintain
			 financial assurance as required by statute, rule or order; or
(g) Failing by the owner or operator of an
			 oil terminal facility, or covered vessel, to take all appropriate measures to
			 prevent spills or overfilling during transfer of petroleum or hazardous
			 material products.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0083 - Ballast Water Management Classification of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0097 - Dry Cleaning Classification of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0130 - Determination of Violation Magnitude

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 468.020 & 468.130
Stats. Implemented: ORS 459.376, 459.995, 465.900, 465.992,
				  466.990 - 466.994, 468.090 - 468.140 &
				  468B.450
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0135 - Selected Magnitude Categories

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Magnitudes for selected Air Quality
			 violations will be determined as follows:
(a)
			 Opacity limit violations:
(A) Major - Opacity
			 measurements or readings of 20 percent opacity or more over the applicable
			 limit, or an opacity violation by a federal major source as defined in OAR
			 340-200-0020;
(B) Moderate -
			 Opacity measurements or readings greater than 10 percent opacity and less than
			 20 percent opacity over the applicable limit; or
(C) Minor - Opacity measurements or readings
			 of 10 percent opacity or less over the applicable limit.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0145 - Determination of Aggravating or Mitigating Factors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each of the aggravating or mitigating
			 factors is determined, as described below, and then applied to the civil
			 penalty formula in OAR 340-012-0045.
(2) "P" is whether the respondent has any
			 prior significant actions (PSAs). A violation becomes a PSA on the date the
			 first formal enforcement action (FEA) in which it is cited is issued.
(a) Except as otherwise provided in this
			 section, the values for "P" and the finding that supports each are as follows:
(A) 0 if no PSAs or there is insufficient
			 information on which to base a finding under this section.
(B) 1 if the PSAs included one Class II
			 violation or two Class III violations; or
(C) 2 if the PSAs included one Class I
			 violation or Class I equivalent.
(D) For each additional Class I violation or
			 Class I equivalent, the value of "P" is increased by 1.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0150 - Determination of Economic Benefit

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0155 - Additional or Alternate Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ may assess additional civil penalties
			 for the following violations as specified below:
(a) DEQ may assess a civil penalty of up to
			 $250,000 to any person who intentionally or recklessly violates any provisions
			 of ORS 164.785, 459.205-459.426, 459.705-459.790, Chapters 465, 466, 467, 468,
			 or 468A or 468B or any rule or standard or order of the commission adopted or
			 issued pursuant to 459.205-459.426, 459.705-;459.790, Chapters 465, 466, 467,
			 468, 468A, or 468B, that results in or creates the imminent likelihood for an
			 extreme hazard to public health or that causes extensive damage to the
			 environment. When determining the civil penalty to be assessed under this
			 subsection, the director will use the procedures set out below:
(A) The following base penalties apply:
(i) $100,000 if the violation was caused
			 intentionally;
(ii) $150,000 if
			 the violation was caused recklessly;
(iii) $200,000 if the violation was caused
			 flagrantly.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0160 - DEQ Discretion Regarding Penalty Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(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.