Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES
Section 340-012-0170 - Compromise or Settlement of Civil Penalty by DEQ
Universal Citation: OR Admin Rules 340-012-0170
Current through Register Vol. 63, No. 3, March 1, 2024
(1) DEQ may compromise or settle a civil penalty assessed in a formal enforcement action at any amount that DEQ deems appropriate. In determining whether a penalty should be compromised or settled, DEQ may take into account the following:
(a)
New information obtained through further investigation or provided by the
respondent that relates to the penalty determination factors contained in OAR
340-012-0045;
(b) The effect of compromise or
settlement on deterrence;
(c)
Whether the respondent has or is willing to employ extraordinary means to
correct the violation or maintain compliance;
(d) Whether the respondent has had any
previous penalties which have been compromised or settled;
(e) Whether the respondent has the ability to
pay the civil penalty as determined by OAR
340-012-0162;
(f) Whether the compromise or
settlement would be consistent with DEQ's goal of protecting human health and
the environment; and
(g) The
relative strength or weakness of DEQ's evidence.
(2) Expedited Enforcement Offers:
(a) DEQ may pursue informal disposition of
any alleged violation by making an expedited enforcement offer.
(b) The decision as to whether to make an
expedited enforcement offer with respect to any alleged violation is within
DEQ's sole discretion, except as otherwise provided in this section (2).
(c) In determining whether to make
an expedited enforcement offer, DEQ must consider the amount of the economic
benefit gained by the alleged violator as a result of the noncompliance;
whether the alleged violator has been the subject of a formal enforcement
action or been issued a warning letter or pre-enforcement notice for the same
or similar violations; whether the alleged violation is isolated or ongoing;
and the mental state of the alleged violator.
(d) DEQ will not make an expedited
enforcement offer to settle a Class I violation that has been repeated within
the previous three years or to settle a violation that would be a major
magnitude violation under OAR
340-012-0130(3)
regardless of whether a selected magnitude under
340-012-0135
applies.
(e) The penalty amount
for an alleged violation cited in an expedited enforcement offer will be 40% of
the moderate base penalty listed in OAR
340-012-0140
under the applicable matrix and the applicable classification.
(f) Participation in the expedited
enforcement program is voluntary. An alleged violator to whom DEQ makes an
expedited enforcement offer is under no obligation to accept the offer.
(g) A person to whom an expedited
enforcement offer is made has 30 calendar days from the date of the offer to
accept the offer by paying the total amount stipulated in the expedited
enforcement offer, or by making a payment toward the total amount if DEQ has
approved a payment plan. The expedited enforcement offer payment and acceptance
are deemed submitted when received by DEQ.
(h) By submitting payment to DEQ of the total
amount stipulated in the expedited enforcement offer or a payment toward the
total amount if DEQ has approved a payment plan, the alleged violator accepts
the expedited enforcement offer, consents to the issuance of a final order of
the commission which may include a compliance schedule, and agrees to waive any
right to appeal or seek administrative or judicial review of the expedited
enforcement offer, the final order, or any violation cited therein.
(i) Expedited enforcement offers incorporated
into final orders of the commission will be treated as prior significant
actions in accordance with OAR
340-012-0145.
(j) DEQ may initiate a formal
enforcement action for any violation not settled by acceptance of the expedited
enforcement offer.
Stat. Auth.: ORS 459, 466, 467, 468.020 & 468.130, 183.415, 183.745
Stats. Implemented: ORS 468.130-140, 183.415, 183.470, 183.745, 459.376, 459.995, 465.900, 466.990, 466.994, 468.035, 468.090 - 140 & 468B.220
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.