Or. Admin. R. 340-150-0250 - Expedited Enforcement Process

(1) Nothing in this rule shall affect DEQ's use of OAR chapter 340, division 12 "Enforcement Procedures and Civil Penalties" to enforce compliance with the UST regulations, except as specifically noted. Nothing in this rule requires DEQ to use the expedited enforcement process for any particular violation. The field penalty amounts assigned in section (4) of this rule apply only to actions DEQ takes under this rule.

(2) An owner and permittee may not participate in the expedited enforcement process if:

(a) The total field penalty amount for all violations identified during a single inspection or file review would exceed $1,500;

(b) DEQ has issued a field penalty or civil penalty to the owner or permittee for the same violation at the same UST facility within the previous three years; or

(c) At its discretion, DEQ determines that an owner and permittee is not eligible for the expedited process. This determination will be done on a case-by-case basis. (One example may be when an owner and permittee of multiple UST facilities has received multiple field citations for the same or similar violations, but has not made corrections at all facilities.)

(3) Where DEQ has found an owner and permittee is not eligible to participate in the expedited enforcement process as provided in section (2) of this rule, DEQ will take appropriate enforcement action under OAR chapter 340, division 12.

(4) The following field penalties will be assessed for violations cited on a field citation issued under this rule:

(a) A class I UST violation listed in OAR 340-12-0067(1) or 340-12-0053(1): $150 - $500;

(b) A class II UST violation listed in OAR 340-012-0067(2) or 340-12-0053(2): $50 - $150; and

(c) A class III violation listed in OAR 340-012-0067(3), when an owner or permittee has received prior notice of the violation through a field citation and has not corrected the violation: $50.

(5) An owner or permittee issued a field citation has 30 calendar days from the date of issuance to submit payment for the total field penalty amount. Payment is deemed submitted when received by DEQ. Participation in the expedited enforcement process is voluntary. By submitting payment, the owner and permittee agree to accept the field citation as the final order by the EQC and to waive any right to an appeal or any other judicial review of the determination of violation, compliance schedule or assessment of the field penalty in the field citation.

Notes

Or. Admin. R. 340-150-0250

DEQ 6-2003, f. & cert. ef. 2-14-03; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05; DEQ 12-2004, f. & cert. ef. 12-27-04; DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08; DEQ 188-2018, amend filed 05/14/2018, effective 6/1/2018

Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995

Statutes/Other Implemented: ORS 466.746 & 466.835