Or. Admin. Code § 603-090-0060 - Definitions

Unless otherwise required by the context, as used in this Division:

(1) "Compliance" means meeting the requirements of ORS 568.900 to 568.933 or any of the department's rules or orders pursuant thereto.

(2) "Flagrant Violation" means any violation where the respondent had actual knowledge of the law and knowingly committed the violation.

(3) "Formal Enforcement Action" means any order of the director or the director's designee which is issued to a respondent in connection with a violation and requires the respondent to cease the violation, refrain from further violations, pay a Civil Penalty, or take other actions with respect to the violation. Formal enforcement actions include, but are not limited to, Notices of Noncompliance, Civil Penalty assessment, compliance schedules and stipulated or consent orders.

(4) "Intentional" means conduct by a person with a conscious objective to cause the result of the conduct.

(5) "Negligence" or "Negligent" means failure to take reasonable care to avoid a foreseeable risk of committing a violation.

(6) "Order" has the meaning given in ORS 183.310.

(7) "Past occurrence of violations" means any violation for which a Notice of Noncompliance or assessment of Civil Penalty was issued within the preceding ten years. It does not include a violation if the notice is the subject of a pending appeal or if the notice has been withdrawn or successfully appealed.

(8) "Person" includes individuals, corporations, associations, firms, joint stock companies, public and municipal corporations, political subdivisions of the state and any agencies thereof, and the federal government and any agency thereof.

(9) "Previous notice of the same or similar violation" means a Notice of Noncompliance or assessment of Civil Penalties for the same or a similar type of violation that was issued within the preceding five years. It includes a notice for the same or a similar type of violation which is the subject of a pending appeal. It does not include a notice that has been withdrawn or successfully appealed.

(10) "Reckless" 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.

(11) "Repeat Violation" means the recurrence of the same type of violation as a violation for which a Notice of Noncompliance or assessment of Civil Penalty was issued within the preceding ten years. It does not include a violation if the previous notice is the subject of a pending appeal or if the notice has been withdrawn or successfully appealed.

(12) "Respondent" means the person to whom a formal enforcement action is directed.

(13) "Rule" has the meaning given in ORS 183.310.

(14) "Violation" means failure to comply with any rule or order made by the department pursuant to ORS 568.900 to 568.933 and includes both acts and omissions.

(15) "Wastes" has the meaning given in ORS 468B.005.

Notes

Or. Admin. Code § 603-090-0060

AD 9-1994, f. & cert. ef. 7-26-94; DOA 21-2022, amend filed 08/17/2022, effective 8/17/2022

Statutory/Other Authority: ORS 561 & ORS 568.900 - 568.933

Statutes/Other Implemented: ORS 568.900 - 568.933