(1) Except as provided in subsection (2) of this section, in addition to any other penalty provided by law:

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(a) Any person who violates ORS § 459.205, 459.270, 459.272, 459.386 to 459.405, 459.485, 459.705 to 459.790, 459A.005 to 459A.620, 459A.310 to 459A.335, 459A.860 to 459A.975 or 646A.080, or any rule or order of the Environmental Quality Commission pertaining to the disposal, collection, storage or reuse or recycling of solid wastes, as defined by ORS § 459.005, or any rule or order pertaining to the disposal, storage or transportation of waste tires, as defined by ORS § 459.705, or any rule or order pertaining to the sale of novelty items that contain encapsulated liquid mercury or any rule or order pertaining to compact fluorescent lamps or linear fluorescent lamps, as defined by ORS § 459.485, incurs a civil penalty not to exceed $25,000 per day for each day of the violation.

(b) Any person who violates the provisions of ORS § 459.420 to 459.426 incurs a civil penalty not to exceed $500 for each violation. Each battery that is disposed of improperly is a separate violation. Each day an establishment fails to post the notice required under ORS § 459.426 is a separate violation.

(c) For each day a city, county or metropolitan service district fails to provide the opportunity to recycle as required under ORS § 459A.005, the city, county or metropolitan service district incurs a civil penalty not to exceed $500 for each violation.

(d) Any person who violates the provisions of ORS § 459.247 (1)(f) incurs a civil penalty not to exceed $500 for each violation. Each covered electronic device that is disposed of improperly is a separate violation.

(e) Any retailer that violates the provisions of ORS § 459A.156 or 459A.825 (1) or (2)(b) incurs a civil penalty not to exceed $100 per day for each day of the violation.

(f) Any producer or renovator that violates the provisions of ORS § 459A.156 or 459A.825 (1) incurs a civil penalty not to exceed $1,000 per day for each day of the violation.

(g) Any stewardship organization that violates the provisions of ORS § 459A.150 to 459A.189, 459A.825 (2)(a), 459A.827, 459A.830 to 459A.837 or 459A.842 incurs a civil penalty not to exceed $1,000 per day for each day of the violation.

(2) Any product manufacturer or package manufacturer who violates ORS § 459A.650 to 459A.665 or any rule adopted under ORS § 459A.650 to 459A.665 incurs a civil penalty not to exceed $1,000 per day for each day of the violation. A violation of ORS § 459A.650 to 459A.665 is not subject to additional penalties under subsection (1) of this section.

(3) Any civil penalty authorized by subsection (1) or (2) of this section shall be imposed in the manner provided by ORS § 468.135. [1973 c.835 § 130; 1977 c.317 § 1; 1981 c.709 § 18; 1983 c.703 § 16; 1983 c.729 § 18; 1983 c.766 § 9; subsections (2) and (3) renumbered 466.880; 1987 c.706 § 19; 1989 c.290 § 7; 1989 c.763 § 14; 1991 c.385 14,90; 1991 c.650 § 3; 1991 c.653 § 8; 1991 c.734 § 32; 1991 c.882 § 13; 1993 c.18 § 115; 1993 c.526 § 11; 1993 c.560 § 73; 1995 c.584 § 5; 2001 c.924 § 8; 2007 c.302 16,17; 2009 c.267 1,2; 2013 c.677 13,14; 2021 c.681 § 47; 2022 c.102 § 15; 2023 c.410 § 4]

The amendments to 459.995 by section 6, chapter 73, Oregon Laws 2023, become operative January 1, 2025. See section 7, chapter 73, Oregon Laws 2023. The text that is operative on and after January 1, 2025, is set forth for the user’s convenience.

(1) Except as provided in subsection (2) of this section, in addition to any other penalty provided by law:

(a) Any person who violates ORS § 459.205, 459.270, 459.272, 459.386 to 459.405, 459.485, 459.705 to 459.790, 459A.005 to 459A.620, 459A.310 to 459A.335, 459A.860 to 459A.975 or 646A.080, or any rule or order of the Environmental Quality Commission pertaining to the disposal, collection, storage or reuse or recycling of solid wastes, as defined by ORS § 459.005, or any rule or order pertaining to the disposal, storage or transportation of waste tires, as defined by ORS § 459.705, or any rule or order pertaining to the sale of novelty items that contain encapsulated liquid mercury or any rule or order pertaining to compact fluorescent lamps or linear fluorescent lamps, as defined by ORS § 459.485, incurs a civil penalty not to exceed $25,000 per day for each day of the violation.

(b) Any person who violates the provisions of ORS § 459.420 to 459.426 incurs a civil penalty not to exceed $500 for each violation. Each battery that is disposed of improperly is a separate violation. Each day an establishment fails to post the notice required under ORS § 459.426 is a separate violation.

(c) For each day a city, county or metropolitan service district fails to provide the opportunity to recycle as required under ORS § 459A.005, the city, county or metropolitan service district incurs a civil penalty not to exceed $500 for each violation.

(d) Any person who violates the provisions of ORS § 459.247 (1)(f) incurs a civil penalty not to exceed $500 for each violation. Each covered electronic device that is disposed of improperly is a separate violation.

(e) Any retailer that violates the provisions of ORS § 459A.156 or 459A.825 (1) or (2)(b) incurs a civil penalty not to exceed $100 per day for each day of the violation.

(f) Any producer or renovator that violates the provisions of ORS § 459A.156 or 459A.825 (1) incurs a civil penalty not to exceed $1,000 per day for each day of the violation.

(g) Any stewardship organization that violates the provisions of ORS § 459A.150 to 459A.189, 459A.825 (2)(a), 459A.827, 459A.830 to 459A.837 or 459A.842 incurs a civil penalty not to exceed $1,000 per day for each day of the violation.

(h) Any food vendor that violates ORS § 459.468 incurs a civil penalty not to exceed $100 for each day of the violation.

(i) Any person that violates ORS § 459.471 or 459.474 incurs a civil penalty not to exceed $500 per day for each day of the violation.

(2) Any product manufacturer or package manufacturer who violates ORS § 459A.650 to 459A.665 or any rule adopted under ORS § 459A.650 to 459A.665 incurs a civil penalty not to exceed $1,000 per day for each day of the violation. A violation of ORS § 459A.650 to 459A.665 is not subject to additional penalties under subsection (1) of this section.

(3) Any civil penalty authorized by subsection (1) or (2) of this section shall be imposed in the manner provided by ORS § 468.135.

[1987 c.706 § 44; repealed by 1991 c.882 § 17]