Unless otherwise required by context, as used in OAR
One Equivalent" or "Equivalent," which is used only for the purposes of
determining the value of the "P" factor in the civil penalty formula, means two
Class Two violations, one Class Two and two Class Three violations, or three
Class Three violations.
"Compliance" means meeting the requirements of the Department's statutes,
rules, permits or orders.
"Director" means the Director of the Department or the Director's authorized
deputies or officers.
"Department" means the Department of Agriculture.
(5) "Documented Violation" means any
violation which the Department or other government agency records after
observation, investigation or data collection.
(6) "Flagrant" means any documented violation
where the Respondent had actual knowledge of the law and had consciously set
out to commit the violation.
"Formal Enforcement Action" means an action signed by the Director or
authorized representatives or deputies which is issued to a Respondent for a
documented violation. Formal enforcement actions may require the Respondent to
take action within a specified time frame, and/or state the consequences for
the violation or continued noncompliance.
(8) "Intentional" means conduct by a person
with a conscious objective to cause the result of the conduct.
"Magnitude of the Violation" means the
extent and effects of a violator's deviation from the Department's statutes,
rules, standards, permits or orders. In determining magnitude the Department
shall consider all available applicable information, including such factors as:
duration, intensity, and the extent of the effects of the violation. Deviations
shall be categorized as major, moderate or minor as set forth in OAR
(10) "Negligence" or
"Negligent" means failure to take reasonable care to avoid a foreseeable risk
of committing an act or omission constituting a violation.
(a) Any action satisfying the definition
given in ORS Chapter 183; or
Any other action so designated in ORS Chapters 468 or 468A.
(12) "Person" includes, but is not limited
to, individuals, corporations, associations, firms, partnerships, joint stock
companies, public and municipal corporations, political subdivisions, states
and their agencies, and the Federal Government and its agencies.
(13) "Prior Significant Action" means any
violation established either with or without admission of a violation by
payment of a civil penalty, or by a final order of the Department.
(14) "Reckless" or "Recklessly" means conduct
by a person who is aware of and consciously disregards a substantial and
unjustifiable risk that the result will occur or that the circumstance exists.
The risk must be of such a nature and degree that disregard thereof constitutes
a gross deviation from the standard of care a reasonable person would observe
in that situation.
"Respondent" means the person to whom a formal enforcement action is
(16) "Risk of Harm" means
the individual or cumulative possibility of harm to public health or the
environment caused by a violation or violations. Risk of harm shall be
categorized as major, moderate or minor.
(17) "Systematic" means any documented
violation which occurs on a regular basis.
(18) "Violation" means a transgression of any
statute, rule, order, license, permit, or any part thereof and includes both
acts and omissions. Violations shall be categorized as Class One (or I), Class
Two (or II) or Class Three (or III), with Class One designating the most
serious class of violation.