(1) As used in this section, ‘spray season’ means a period that:

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

(a) Begins on January 1 and ends on June 30 in the same calendar year; or

(b) Begins on July 1 and ends on December 31 in the same calendar year.

(2) If an operator, timber owner or landowner fails to timely send a notice under ORS § 527.790 or timely send a notice of incompletion or completion verification under ORS § 527.791 for one or more forestland units, or any combination of such failures on the same day:

(a) For the first day during a spray season on which one or more failures occur, the State Forestry Department shall issue the landowner a warning.

(b) For the second day during a single spray season on which one or more failures occur, the department shall assess the landowner a civil penalty of $1,000.

(c) For a third day or any subsequent day during a single spray season on which one or more failures occur, the department shall assess the landowner a civil penalty of $5,000 per day. [2020 s.s.1 c.16 § 10]