Oregon Administrative Rules
Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL
Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS
Section 837-085-0300 - Penalties for Class IV Noncompliance
Current through Register Vol. 63, No. 12, December 1, 2024
(1) When a determination has been made to assess a civil penalty, a covered employer, owner, or operator identified as being in class IV Noncompliance shall have a $50 penalty assessed daily for any number of unreported radioactive substances, radioactive wastes, explosives or highly toxic materials or unreported or uncorrected misreported associated maximum amounts. These substances are required to be reported at the "Lower Reporting Levels" (LRL) of five gallons, ten pounds or 20 cubic feet. Penalties for all Extremely Hazardous Substances shall be calculated at the LRL.
(2) When a determination has been made to assess a civil penalty, a covered employer, owner, or operator shall have a separate penalty of $25 assessed daily for any number of all other unreported hazardous substances or unreported or uncorrected misreported associated maximum amounts. These substances are required to be reported at the "Upper Reporting Levels" (URL) of 500 gallons, pounds, or cubic feet.
(3) For the purpose of determining individual substances, Safety Data Sheets will be used.
Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 435.357