Or. Admin. R. 837-085-0300

Current through Register Vol. 63, No. 9, September 1, 2024

Section 837-085-0300 - Penalties for Class IV Noncompliance

(1) When a determination has been made to assess a civil penalty, a covered employer, owner, or operator identified as being in class IV Noncompliance shall have a $50 penalty assessed daily for any number of unreported radioactive substances, radioactive wastes, explosives or highly toxic materials or unreported or uncorrected misreported associated maximum amounts. These substances are required to be reported at the "Lower Reporting Levels" (LRL) of five gallons, ten pounds or 20 cubic feet. Penalties for all Extremely Hazardous Substances shall be calculated at the LRL.

(2) When a determination has been made to assess a civil penalty, a covered employer, owner, or operator shall have a separate penalty of $25 assessed daily for any number of all other unreported hazardous substances or unreported or uncorrected misreported associated maximum amounts. These substances are required to be reported at the "Upper Reporting Levels" (URL) of 500 gallons, pounds, or cubic feet.

(3) For the purpose of determining individual substances, Safety Data Sheets will be used.

Or. Admin. R. 837-085-0300

FM 1-1994, f. & cert. ef. 1-14-94; OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02; OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05; OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10; OSFM 5-2013, f. & cert. ef. 6-26-13; OSFM 6-2014, f. 12-22-14, cert. ef. 1/1/2015; OSFM 1-2019, amend filed 01/02/2019, effective 1/2/2019

Statutory/Other Authority: ORS 453.367

Statutes/Other Implemented: ORS 435.357