In imposing a penalty pursuant to the schedule adopted pursuant to ORS § 536.910, the Water Resources Commission shall consider the following factors:

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Terms Used In Oregon Statutes 536.920

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(1) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(2) Any prior violations of statutes, rules or orders pertaining to water use.

(3) The economic and financial conditions of the person incurring the penalty, including any financial gains resulting from the violation.

(4) The immediacy and extent to which the violation threatens other rights to the use of water or the public health or safety or the public interest in the waters of this state. [1989 c.618 § 5]

 

See note under 536.900.

 

[1989 c.618 § 12; repealed by 1991 c.734 § 122]