Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES
Section 340-012-0140 - Determination of Base Penalty
Universal Citation: OR Admin Rules 340-012-0140
Current through Register Vol. 63, No. 3, March 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.
(b) The base penalty values for
the $12,000 penalty matrix are as follows:
(A)
Class I:
(i) Major - $12,000;
(ii) Moderate - $6,000;
(iii) Minor - $3,000.
(B) Class II:
(i) Major - $6,000;
(ii) Moderate - $3,000;
(iii) Minor - $1,500.
(C) Class III: $1,000.
(3) $8,000 Penalty Matrix:
(a) The $8,000 penalty matrix applies to the
following:
(A) Any violation of an air quality
statute, rule, permit, permit attachment, or related order committed by a
person that has or should have an ACDP permit, except for NSR, PSD and Basic
ACDP permits, unless listed under another penalty matrix, unless otherwise
classified.
(B) Any violation of an
asbestos statute, rule, permit or related order except those violations listed
in section (5) of this rule.
(C)
Any violation of a vehicle inspection program statute, rule, permit or related
order committed by an auto repair facility.
(D) Any violation of the Oregon Low Emission
Vehicle rules (OAR 340-257) committed by an automobile dealer or an automobile
rental agency.
(E) Any violation of
a water quality statute, rule, permit or related order committed by:
(i) A person that has an NPDES Permit, or
that has or should have a WPCF Permit, for a municipal or private utility
sewage treatment facility with a permitted flow of two million or more, but
less than five million, gallons per day.
(ii) A person that has a Tier 2 industrial
source NPDES or WPCF Permit.
(iii)
A person that has or should have applied for coverage under an NPDES or a WPCF
General Permit, except an NPDES Stormwater Discharge 1200-C General Permit for
a construction site of less than five acres in size or 20 or more acres in
size.
(iv) A person that has a
population of less than 100,000 but more than 10,000, as determined by the most
recent national census, and has or should have a WPCF Municipal Stormwater UIC
System Permit or has an NPDES MS4 Stormwater Discharge Permit.
(v) A person that owns, and that has or
should have registered, a UIC system that disposes of wastewater other than
stormwater or sewage or geothermal fluids.
(F) Any violation of a Clean Water Act
Section 401 Water Quality Certification by a less than 100 megawatt
hydroelectric facility.
(G) Any
violation of a Clean Water Act Section 401 Water Quality Certification for a
Tier 2A or Tier 2B dredge and fill project.
(H) Any violation of an UST statute, rule,
permit or related order committed by a person who is the owner, operator or
permittee of five to nine UST facilities.
(I) Unless specifically listed under another
penalty matrix, any violation of ORS Chapter 459 or other solid waste statute,
rule, permit, or related order committed by:
(i) A person that has or should have a waste
tire permit; or
(ii) A person with
a population of more than 5,000 but less than or equal to 25,000, as determined
by the most recent national census.
(J) Any violation of a hazardous waste
management statute, rule, permit or related order committed by a person that is
a small quantity generator.
(K) Any
violation of an oil and hazardous material spill and release statute, rule, or
related order committed by a person other than a person listed in OAR
340-012-0140(2)(a)(N) occurring during a commercial activity or involving a
derelict vessel over 35 feet in length.
(L) Any violation of the Oregon Clean Fuels
Program under OAR chapter 340, division 253 unless the violation is otherwise
classified in this rule.
(M) Any
violation of the Oregon Greenhouse Gas Reporting Program under OAR Chapter 340,
division 215 by a person with greenhouse gas emissions less than 25,000 metric
tons per year but greater than or equal to 5,000 metric tons per
year.
(N) Any violation of the
Landfill Gas Emissions rules under OAR chapter 340, division 239 by a person
that owns or operates a landfill with over 200,000 tons waste in place and is
not required to comply with OAR 340-239-0110 through OAR
340-239-0800.
(O) Any violation of
a hazardous waste pharmaceutical statute, rule, permit or related order
committed by a person that is a reverse distributor.
(b) The base penalty values for the $8,000
penalty matrix are as follows:
(A) Class I:
(i) Major - $8,000.
(ii) Moderate - $4,000.
(iii) Minor - $2,000.
(B) Class II:
(i) Major - $4,000.
(ii) Moderate - $2,000.
(iii) Minor - $1,000.
(C) Class III: $ 700.
(4) $3,000 Penalty Matrix:
(a) The $3,000 penalty matrix applies to the
following:
(A) Any violation of any statute,
rule, permit, license, or order committed by a person not listed under another
penalty matrix.
(B) Any violation
of an air quality statute, rule, permit, permit attachment, or related order
committed by a person not listed under another penalty matrix.
(C) Any violation of an air quality statute,
rule, permit, permit attachment, or related order committed by a person that
has or should have a Basic ACDP or an ACDP or registration only because the
person is subject to Area Source NESHAP regulations.
(D) 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 by a residential owner-occupant.
(E) Any violation of a vehicle inspection
program statute, rule, permit or related order committed by a natural person,
except for those violations listed in section (5) of this rule.
(F) Any violation of a water quality statute,
rule, permit, license or related order not listed under another penalty matrix
and committed by:
(i) A person that has an
NPDES permit, or has or should have a WPCF permit, for a municipal or private
utility wastewater treatment facility with a permitted flow of less than two
million gallons per day.
(ii) A
person that has or should have applied for coverage under an NPDES Stormwater
Discharge 1200-C General Permit for a construction site that is more than one,
but less than five acres.
(iii) A
person that has a population of 10,000 or less, as determined by the most
recent national census, and either has an NPDES MS4 Stormwater Discharge Permit
or has or should have a WPCF Municipal Stormwater UIC System Permit.
(iv) A person who is licensed to perform
onsite sewage disposal services or who has performed sewage disposal
services.
(v) A person, except for
a residential owner-occupant, that owns and either has or should have
registered a UIC system that disposes of stormwater, sewage or geothermal
fluids.
(vi) A person that has or
should have a WPCF individual stormwater UIC system permit.
(vii) Any violation of a water quality
statute, rule, permit or related order committed by a person that has or should
have applied for coverage under an NPDES 700-PM General Permit for suction
dredges.
(G) Any
violation of an onsite sewage disposal statute, rule, permit or related order,
except for a violation committed by a residential owner-occupant.
(H) Any violation of a Clean Water Act
Section 401 Water Quality Certification for a Tier 1 dredge and fill
project.
(I) Any violation of an
UST statute, rule, permit or related order if the person is the owner, operator
or permittee of two to four UST facilities.
(J) Any violation of a used oil statute,
rule, permit or related order, except a violation related to a spill or
release, committed by a person that is a used oil generator.
(K) Any violation of a hazardous waste
management statute, rule, permit or related order committed by a person that is
a very small quantity generator, unless listed under another penalty
matrix.
(L) Any violation of ORS
Chapter 459 or other solid waste statute, rule, permit, or related order
committed by a person with a population less than 5,000, as determined by the
most recent national census.
(M)
Any violation of the labeling requirements of ORS
459A.675 through
459A.685.
(N) Any violation of rigid pesticide
container disposal requirements by a very small quantity generator of hazardous
waste.
(O) Any violation of ORS
468B.025(1)(a) or
(b) resulting from turbid discharges to
waters of the state caused by non-residential uses of property disturbing less
than one acre in size.
(P) Any
violation of an oil and hazardous material spill and release statute, rule, or
related order committed by a person not listed under another matrix.
(Q) Any violation of the Oregon Greenhouse
Gas Reporting Program under OAR Chapter 340, division 215 by a person with
greenhouse gas emissions less than 5,000 metric tons per year.
(b) The base penalty values for
the $3,000 penalty matrix are as follows:
(A)
Class I:
(i) Major - $3,000;
(ii) Moderate - $1,500;
(iii) Minor - $750.
(B) Class II:
(i) Major - $1,500;
(ii) Moderate - $750;
(iii) Minor - $375.
(C) Class III: $250.
(5) $1,000 Penalty Matrix:
(a) The $1,000 penalty matrix applies to the
following:
(A) Any violation of an open
burning statute, rule, permit or related order committed by a residential
owner-occupant at the residence, not listed under another penalty
matrix.
(B) Any violation of
visible emissions standards by operation of a vehicle.
(C) Any violation of an asbestos statute,
rule, permit or related order committed by a residential
owner-occupant.
(D) Any violation
of an onsite sewage disposal statute, rule, permit or related order of OAR
chapter 340, division 44 committed by a residential owner-occupant.
(E) Any violation of an UST statute, rule,
permit or related order committed by a person who is the owner, operator or
permittee of one UST facility.
(F)
Any violation of an HOT statute, rule, permit or related order not listed under
another penalty matrix.
(G) Any
violation of OAR chapter 340, division 124 or ORS
465.505 by a dry cleaning owner
or operator, dry store owner or operator, or supplier of
perchloroethylene.
(H) Any
violation of ORS Chapter 459 or other solid waste statute, rule or related
order committed by a residential owner-occupant.
(I) Any violation of a statute, rule, permit
or order relating to rigid plastic containers, except for violation of the
labeling requirements under OAR 459A.675 through 459A.685.
(J) Any violation of a statute, rule or order
relating to the opportunity to recycle.
(K) Any violation of OAR chapter 340,
division 262 or other statute, rule or order relating to solid fuel burning
devices, except a violation related to the sale of new or used solid fuel
burning devices or the removal and destruction of used solid fuel burning
devices.
(L) Any violation of an
UIC system statute, rule, permit or related order by a residential
owner-occupant, when the UIC disposes of stormwater, sewage or geothermal
fluids.
(M) Any Violation of ORS
468B.025(1)(a) or
(b) resulting from turbid discharges to
waters of the state caused by residential use of property disturbing less than
one acre in size.
(b)
The base penalty values for the $1,000 penalty matrix are as follows:
(A) Class I:
(i) Major - $1,000;
(ii) Moderate - $500;
(iii) Minor - $250.
(B) Class II:
(i) Major - $500;
(ii) Moderate - $250;
(iii) Minor - $125.
(C) Class III: $100.
Statutory/Other Authority: ORS 468.020 & 468.090 - 468.140
Statutes/Other Implemented: ORS 459.995, 459A.655, 459A.660, 459A.685 & 468.035
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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