Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0030 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
All terms used in this division have the meaning given to the
				term in the appropriate substantive statute or rule or, in the absence of such
				definition, their common and ordinary meaning unless otherwise required by
				context or defined below:
(1) "Alleged
			 Violation" means any violation cited in a written notice issued by DEQ or other
			 government agency.
(2) "Class I
			 Equivalent," which is used to determine the value of the "P" factor in the
			 civil penalty formula, means two Class II violations, one Class II and two
			 Class III violations, or three Class III violations.
(3) "Commission" means the Environmental
			 Quality Commission.
(4)
			 "Compliance" means meeting the requirements of the applicable statutes, and
			 commission or DEQ rules, permits, permit attachments or orders.
(5) "Conduct" means an act or
			 omission.
(6) "Director" means the
			 director of DEQ or the director's authorized deputies or officers.
(7) "DEQ" means the Department of
			 Environmental Quality.
(8)
			 "Expedited Enforcement Offer" (EEO) means a written offer by DEQ to settle an
			 alleged violation in accordance with the expedited procedure described in OAR
			 340-012-0170(2).
(9) "Field
			 Penalty" as used in this division, has the meaning given that term in OAR
			 chapter 340, division 150.
(10)
			 "Final Order and Stipulated Penalty Demand Notice" means a written notice
			 issued to a respondent by DEQ demanding payment of a stipulated penalty as
			 required by the terms of an agreement entered into between the respondent and
			 DEQ.
(11) "Flagrant" or
			 "flagrantly" means the respondent had actual knowledge that the conduct was
			 unlawful and consciously set out to commit the violation.
(12) "Formal Enforcement Action" (FEA) means
			 a proceeding initiated by DEQ that entitles a person to a contested case
			 hearing or that settles such entitlement, including, but not limited to,
			 Notices of Civil Penalty Assessment and Order, Final Order and Stipulated
			 Penalty Demand Notices, department or commission orders originating with the
			 Office of Compliance and Enforcement, Mutual Agreement and Orders, accepted
			 Expedited Enforcement Offers, Field Penalties, and other consent
			 orders.
(13) "Intentional" means
			 the respondent acted with a conscious objective to cause the result of the
			 conduct.
(14) "Magnitude of the
			 Violation" means the extent and effects of a respondent's deviation from
			 statutory requirements, rules, standards, permits or orders.
(15) "Negligence" or "Negligent" means the
			 respondent failed to take reasonable care to avoid a foreseeable risk of
			 conduct constituting or resulting in a violation.
(16) "Notice of Civil Penalty Assessment and
			 Order" means a notice provided under OAR 137-003-0505  to notify a person that
			 DEQ has initiated a formal enforcement action that includes a financial penalty
			 and may include an order to comply.
(17) "Pre-Enforcement Notice" (PEN) means an
			 informal written notice of an alleged violation that DEQ is considering for
			 formal enforcement.
(18) "Person"
			 includes, but is not limited to, individuals, corporations, associations,
			 firms, partnerships, trusts, joint stock companies, public and municipal
			 corporations, political subdivisions, states and their agencies, and the
			 federal government and its agencies.
(19) "Prior Significant Action" (PSA) means
			 any violation cited in an FEA, with or without admission of a violation, that
			 becomes final by payment of a civil penalty, by a final order of the commission
			 or DEQ, or by judgment of a court.
(20) "Reckless" or "Recklessly" means the
			 respondent 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.
(21) "Residential
			 Owner-Occupant" means the natural person who owns or otherwise possesses a
			 single family dwelling unit, and who occupies that dwelling at the time of the
			 alleged violation. The violation must involve or relate to the normal uses of a
			 dwelling unit.
(22) "Respondent"
			 means the person named in a formal enforcement action (FEA).
(23) "Systematic" means any violation that
			 occurred or occurs on a regular basis.
(24) "Violation" means a transgression of any
			 statute, rule, order, license, permit, permit attachment, or any part thereof
			 and includes both acts and omissions.
(25) "Warning Letter" (WL) means an informal
			 written notice of an alleged violation for which formal enforcement is not
			 anticipated.
(26) "Willful" means
			 the respondent 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
				  468.020 &
				  468.130
Statutes/Other Implemented: 459.995, 465.900, 468.090-140,
				  466.880 - 466.895, 468.996 - 468.997, 468A.990 -468A.992, 468B.220 & ORS
				  459.376