(1) In addition to any other penalty provided by law, any person who violates any of the following shall incur a civil penalty for each day of violation in the amount prescribed by the schedule adopted under ORS § 468.130:

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(a) The terms or conditions of any permit required or authorized by law and issued by the Department of Environmental Quality or a regional air quality control authority.

(b) Any provision of ORS § 164.785, 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and 783.625 to 783.640 and ORS Chapter 467 and ORS chapters 468, 468A and 468B.

(c) Any rule or standard or order of the Environmental Quality Commission adopted or issued pursuant to ORS § 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and 783.625 to 783.640 and ORS Chapter 467 and ORS chapters 468, 468A and 468B.

(d) Any term or condition of a variance granted by the commission or department pursuant to ORS § 467.060.

(e) Any rule or standard or order of a regional authority adopted or issued under authority of ORS § 468A.135.

(f) The financial assurance requirement under ORS § 468B.390 and 468B.485 or any rule related to the financial assurance requirement under ORS § 468B.390.

(2) Each day of violation under subsection (1) of this section constitutes a separate offense.

(3)(a) In addition to any other penalty provided by law, any person who intentionally or negligently causes or permits the discharge of oil or hazardous material into the waters of the state or intentionally or negligently fails to clean up a spill or release of oil or hazardous material into the waters of the state as required by ORS § 466.645 shall incur a civil penalty not to exceed the amount of $100,000 for each violation.

(b) In addition to any other penalty provided by law, the following persons shall incur a civil penalty not to exceed the amount of $25,000 for each day of violation:

(A) Any person who violates the terms or conditions of a permit authorizing waste discharge into the air or waters of the state.

(B) Any person who violates any law, rule, order or standard in ORS § 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and 783.625 to 783.640 and ORS chapters 468, 468A and 468B relating to air or water pollution.

(C) Any person who violates the provisions of a rule adopted or an order issued under ORS § 459A.590.

(4) In addition to any other penalty provided by law, any person who violates the provisions of ORS § 468B.130 shall incur a civil penalty not to exceed the amount of $1,000 for each day of violation.

(5) Notwithstanding subsection (1)(c) and (e) of this section, the owner or lessee of a motor vehicle may not incur a civil penalty for a violation of the requirement that the owner or lessee obtain a motor vehicle pollution control system certificate of compliance issued under ORS § 468A.380.

(6) Notwithstanding the limits of ORS § 468.130 (1) and in addition to any other penalty provided by law, any person who intentionally or negligently causes or permits open field burning contrary to the provisions of ORS § 468A.555 to 468A.620 and 468A.992, 476.380 and 478.960 shall be assessed by the department a civil penalty of at least $20 but not more than $40 for each acre so burned. Any amounts collected by the department pursuant to this subsection shall be deposited with the State Treasurer to the credit of the General Fund and shall be available for general governmental expense. As used in this subsection, ‘open field burning’ does not include propane flaming of mint stubble. [Formerly 449.993; 1975 c.559 § 14; 1977 c.511 § 5; 1979 c.353 § 1; 1987 c.513 § 1; 1989 c.268 § 4; 1989 c.1042 § 7; 1991 c.764 § 6; 1997 c.473 § 1; 2001 c.688 § 7; 2009 c.267 § 9; 2011 c.597 § 209; 2019 c.645 § 16]

PRESERVATION OF BASELINE FEDERAL ENVIRONMENTAL STANDARDS