Or. Admin. R. 340-012-0041 - Formal Enforcement Actions
(1)
FEAs may require that the respondent take action within a specified timeframe
or may assess civil penalties. DEQ may issue an NPV or FEA whether or not it
has previously issued a WL or PEN related to the issue or violation. Unless
specifically prohibited by statute or rule, DEQ may issue an FEA without first
issuing an NPV.
(2) A Notice of
Civil Penalty Assessment and Order may be issued for the occurrence of any
class of violation that is not limited by the NPV requirement of OAR
340-012-0038(3).
(3) An Order may be in the form of
a commission or department order, including any written order that has been
consented to in writing by the parties thereto, including but not limited to, a
Mutual Agreement and Order (MAO).
(4) A Final Order and Stipulated Penalty
Demand Notice may be issued according to the terms of any written final order
that has been consented to in writing by the parties thereto, including, but
not limited to, a MAO.
(5) A
pre-enforcement offer to settle may be made pursuant to DEQ's expedited
enforcement procedures in OAR
340-012-0170(2)
or Field Penalty procedures prescribed by OAR chapter 340, division 150.
(6) The enforcement actions
described in sections (2) through (5) of this rule in no way limit DEQ or
commission from seeking any other legal or equitable remedies, including
revocation of any DEQ-issued license or permit, provided by ORS Chapters 183,
454, 459, 465, 466, 467, 468, 468A, and 468B.
Notes
Stat. Auth.: ORS 454.625, 459.376, 465.400-410, 466.625, 467.030, 468.020, 468A.025, 468A.045 & 468B.035
Stats. Implemented: ORS 454.635, 454.645, 459.376, 459.995, 465.900, 466.210, 466.880-895, 468.090-140, 468A.990, 468.992, 468B.025, 468B.220 & 468B.450
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