All terms used in this division have the meaning given to the
term in the appropriate substantive statute or rule or, in the absence of such
definition, their common and ordinary meaning unless otherwise required by
context or defined below:
Violation" means any violation cited in a written notice issued by DEQ or other
(2) "Class I
Equivalent," which is used to determine the value of the "P" factor in the
civil penalty formula, means two Class II violations, one Class II and two
Class III violations, or three Class III violations.
(3) "Commission" means the Environmental
"Compliance" means meeting the requirements of the applicable statutes, and
commission or DEQ rules, permits, permit attachments or orders.
(5) "Conduct" means an act or
(6) "Director" means the
director of DEQ or the director's authorized deputies or officers.
(7) "DEQ" means the Department of
"Expedited Enforcement Offer" (EEO) means a written offer by DEQ to settle an
alleged violation in accordance with the expedited procedure described in OAR
Penalty" as used in this division, has the meaning given that term in OAR
chapter 340, division 150.
"Final Order and Stipulated Penalty Demand Notice" means a written notice
issued to a respondent by DEQ demanding payment of a stipulated penalty as
required by the terms of an agreement entered into between the respondent and
(11) "Flagrant" or
"flagrantly" means the respondent had actual knowledge that the conduct was
unlawful and consciously set out to commit the violation.
(12) "Formal Enforcement Action" (FEA) means
a proceeding initiated by DEQ that entitles a person to a contested case
hearing or that settles such entitlement, including, but not limited to,
Notices of Civil Penalty Assessment and Order, Final Order and Stipulated
Penalty Demand Notices, department or commission orders originating with the
Office of Compliance and Enforcement, Mutual Agreement and Orders, accepted
Expedited Enforcement Offers, Field Penalties, and other consent
(13) "Intentional" means
the respondent acted with a conscious objective to cause the result of the
(14) "Magnitude of the
Violation" means the extent and effects of a respondent's deviation from
statutory requirements, rules, standards, permits or orders.
(15) "Negligence" or "Negligent" means the
respondent failed to take reasonable care to avoid a foreseeable risk of
conduct constituting or resulting in a violation.
"Notice of Civil Penalty Assessment and
Order" means a notice provided under OAR 137-003-0505
to notify a person that
DEQ has initiated a formal enforcement action that includes a financial penalty
and may include an order to comply.
(17) "Pre-Enforcement Notice" (PEN) means an
informal written notice of an alleged violation that DEQ is considering for
includes, but is not limited to, individuals, corporations, associations,
firms, partnerships, trusts, joint stock companies, public and municipal
corporations, political subdivisions, states and their agencies, and the
federal government and its agencies.
(19) "Prior Significant Action" (PSA) means
any violation cited in an FEA, with or without admission of a violation, that
becomes final by payment of a civil penalty, by a final order of the commission
or DEQ, or by judgment of a court.
(20) "Reckless" or "Recklessly" means the
respondent consciously disregarded a substantial and unjustifiable risk that
the result would occur or that the circumstance existed. The risk must be of
such a nature and degree that disregarding that risk constituted a gross
deviation from the standard of care a reasonable person would observe in that
Owner-Occupant" means the natural person who owns or otherwise possesses a
single family dwelling unit, and who occupies that dwelling at the time of the
alleged violation. The violation must involve or relate to the normal uses of a
means the person named in a formal enforcement action (FEA).
(23) "Systematic" means any violation that
occurred or occurs on a regular basis.
(24) "Violation" means a transgression of any
statute, rule, order, license, permit, permit attachment, or any part thereof
and includes both acts and omissions.
(25) "Warning Letter" (WL) means an informal
written notice of an alleged violation for which formal enforcement is not
(26) "Willful" means
the respondent had a conscious objective to cause the result of the conduct and
the respondent knew or had reason to know that the result was not