Or. Rev. Stat. » Oregon Revised Statutes
Oregon Revised Statutes

Or. Rev. Stat. § 468.140 (2026)

Civil penalties for specified violations

✓ current as of May 2026
Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      468.140 Civil penalties for specified violations. (1) In addition to any other penalty provided by law, any person who violates any of the following shall incur a civil penalty for each day of violation in the amount prescribed by the schedule adopted under ORS 468.130:

      (a) The terms or conditions of any permit required or authorized by law and issued by the Department of Environmental Quality or a regional air quality control authority.

      (b) Any provision of ORS 164.785, 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and 783.625 to 783.640 and ORS chapter 467 and ORS chapters 468, 468A and 468B.

      (c) Any rule or standard or order of the Environmental Quality Commission adopted or issued pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and 783.625 to 783.640 and ORS chapter 467 and ORS chapters 468, 468A and 468B.

      (d) Any term or condition of a variance granted by the commission or department pursuant to ORS 467.060.

      (e) Any rule or standard or order of a regional authority adopted or issued under authority of ORS 468A.135.

      (f) The financial assurance requirement under ORS 468B.390 and 468B.485 or any rule related to the financial assurance requirement under ORS 468B.390.

      (2) Each day of violation under subsection (1) of this section constitutes a separate offense.

      (3)(a) In addition to any other penalty provided by law, any person who intentionally or negligently causes or permits the discharge of oil or hazardous material into the waters of the state or intentionally or negligently fails to clean up a spill or release of oil or hazardous material into the waters of the state as required by ORS 466.645 shall incur a civil penalty not to exceed the amount of $100,000 for each violation.

      (b) In addition to any other penalty provided by law, the following persons shall incur a civil penalty not to exceed the amount of $25,000 for each day of violation:

      (A) Any person who violates the terms or conditions of a permit authorizing waste discharge into the air or waters of the state.

      (B) Any person who violates any law, rule, order or standard in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and 783.625 to 783.640 and ORS chapters 468, 468A and 468B relating to air or water pollution.

      (C) Any person who violates the provisions of a rule adopted or an order issued under ORS 459A.590.

      (4) In addition to any other penalty provided by law, any person who violates the provisions of ORS 468B.130 shall incur a civil penalty not to exceed the amount of $1,000 for each day of violation.

      (5) Notwithstanding subsection (1)(c) and (e) of this section, the owner or lessee of a motor vehicle may not incur a civil penalty for a violation of the requirement that the owner or lessee obtain a motor vehicle pollution control system certificate of compliance issued under ORS 468A.380.

      (6) Notwithstanding the limits of ORS 468.130 (1) and in addition to any other penalty provided by law, any person who intentionally or negligently causes or permits open field burning contrary to the provisions of ORS 468A.555 to 468A.620 and 468A.992, 476.380 and 478.960 shall be assessed by the department a civil penalty of at least $20 but not more than $40 for each acre so burned. Any amounts collected by the department pursuant to this subsection shall be deposited with the State Treasurer to the credit of the General Fund and shall be available for general governmental expense. As used in this subsection, “open field burning” does not include propane flaming of mint stubble. [Formerly 449.993; 1975 c.559 §14; 1977 c.511 §5; 1979 c.353 §1; 1987 c.513 §1; 1989 c.268 §4; 1989 c.1042 §7; 1991 c.764 §6; 1997 c.473 §1; 2001 c.688 §7; 2009 c.267 §9; 2011 c.597 §209; 2019 c.645 §16]

 

PRESERVATION OF BASELINE FEDERAL ENVIRONMENTAL STANDARDS

Notes of Decisions
Cited in 3 cases, 1995–2005 · leading case: Oregon State Pub. Interest Rsch. Grp., Inc. v. Pac. Coast Seafoods Co., 361 F. Supp. 2d 1232 (D. Or. 2005).
Sort: Relevance Newest Treatment
Oregon State Pub. Interest Rsch. Grp., Inc. v. Pac. Coast Seafoods Co., 361 F. Supp. 2d 1232 (D. Or. 2005). “§ 468.140(1)-(2) (“any person who violations [the terms or conditions of an NPDES permit] shall incur a civil penalty for each day of viola *1242 tion” and that each day of violation is a separate violation).”
Phelan v. Env't Quality Comm'n, 917 P.2d 1029 (Or. Ct. App. 1996). · cites it 2× “020, which provide, in part: *330 “[T]he air pollution laws contained in ORS chapters 468, 468A and 468B do not apply to: “(1) Agricultural operations and the growing or harvesting of crops and the raising of fowls or animals, except field burning which shall be subject to…”
Knee Deep Cattle Co. v. Bindana Investments Co., 904 F. Supp. 1177 (D. Or. 1995). “ORS 468.140(1); 468.130. Additionally, alleged violators are entitled to notice and an opportunity to be heard in a contested case proceeding.”
— Or. Rev. Stat. § 468.140(1) — 2 cases
Oregon State Pub. Interest Rsch. Grp., Inc. v. Pac. Coast Seafoods Co., 361 F. Supp. 2d 1232 (D. Or. 2005). “§ 468.140(1)-(2) (“any person who violations [the terms or conditions of an NPDES permit] shall incur a civil penalty for each day of viola *1242 tion” and that each day of violation is a separate violation).”
Knee Deep Cattle Co. v. Bindana Investments Co., 904 F. Supp. 1177 (D. Or. 1995). “ORS 468.140(1); 468.130. Additionally, alleged violators are entitled to notice and an opportunity to be heard in a contested case proceeding.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.