Or. Admin. R. 736-080-0050 - Determination of Civil Penalty

Civil penalties shall be computed using the following formula; P = BF x C x V x F x I , where:

(1) "P" is the amount of penalty in dollars;
(2) "BF" is the base fine which shall be $500;
(3) "C" shall indicate the level of cooperation of the responsible party in resolving the violation where:
(a) A value of 1 shall indicate the responsible party is highly cooperative, timely and diligent in applying the corrective measures directed by the Department;
(b) A value of 2 shall indicate the responsible party is moderately cooperative but either failed to meet the time frame for correction or failed to apply the corrective measures directed by the Department; and
(c) A value of 3 shall indicate the responsible party is uncooperative and both failed to meet the time frame or apply the corrective measures directed by the Department;
(4) "V" indicates the number of prior violations, including the extant one, of any of the statutes cited in 736-080-0020(4), or any rule implementing these statutes, or any order or permit arising from the administration of these statutes or rules. "V" shall not exceed a value of 5.
(5) "F" indicates the familiarity or prior experience with or knowledge of the statutes, rules, standards, orders or permits affecting alterations and development on the ocean shore:
(a) A value of 1 shall indicate the responsible party had no prior familiarity, experience or knowledge of the ocean shore statutes, rules, permits or standards; and
(b) A value of 2 shall indicate the responsible party did have prior familiarity, experience or knowledge of ocean shore laws and regulations and knowingly violated those provisions.
(6) "I" indicates the impact of the violation on the public interest in navigation, fisheries, recreation and other ocean shore resources including aesthetic values, scenic landforms, wildlife, wildlife habitat, plant life, threatened and endangered species, combined with the duration or permanency of the impacts of the violation. In determining the impact value, where the resource impact and the duration impact are not the same, the higher value of the two shall be used.
(a) A value of 1 shall indicate the violation has no, or only minor impacts on the ocean shore values and resources listed in section (6) of this rule and that impacts of the violation will be of minor duration (less than one year).
(b) A value of 2 shall indicate the violation has moderate impacts on the ocean shore values and resources listed in section (6) of this rule or that impacts of the violation will have moderate duration (from 1 to 3 years);
(c) A value of 3 shall indicate the violation has major impacts on the ocean shore values and resources listed in section (6) of this rule or that impacts of the violation will last more than three years.
(7) The maximum civil penalty that may be imposed under these rules is $10,000 per day of continuing violation.

Notes

Or. Admin. R. 736-080-0050
PRD 7-2000, f. & cert. ef. 5-10-00

Stat. Auth.: ORS 390.124

Stats. Implemented: ORS 390.605 - ORS 390.770 & ORS 390.990 - ORS 390.995

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