71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to SB 51
LC 1816/SB 51-2
SENATE AMENDMENTS TO
SENATE BILL 51
By COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON, AND WATER
April 19
In line 2 of the printed bill, after the semicolon delete the
rest of the line and insert 'creating new provisions; and
amending ORS 568.912, 568.915 and 568.933.'.
Delete line 11 and insert:
' (a) Construction or maintenance of any works or facilities;'.
After line 20, insert:
' { + SECTION 2. + } ORS 568.915 is amended to read:
' 568.915. (1) After making a reasonable attempt to notify the
landowner, the State Department of Agriculture or a designee of
the department may { - go upon - } { + enter + } any lands
within the area subject to a water quality management plan for
the purpose of determining:
' (a) Those actions that may be required of landowners under
ORS 568.900 to 568.933; and
' (b) Whether the landowner is carrying out the required
actions.
' { + (2) The State Department of Agriculture, or a designee
of the State Department of Agriculture, shall periodically, and
in no event less than once biennially, consult with the
Department of Justice to ensure that the actions of the State
Department of Agriculture taken under this section are consistent
with section 9, Article I of the Oregon Constitution, and the
Fourth Amendment to the United States Constitution. + }
' { - (2) - } { + (3) + } Prior to general initiation of
inspections in an agricultural water quality management area for
compliance with a water quality management plan adopted under ORS
568.912, the department shall implement a process to notify the
affected landowners within the boundaries of the area that the
landowners are subject to the requirements of the plan.
' { + SECTION 3. + } { + The amendments to ORS 568.915 by
section 2 of this 2001 Act apply to searches conducted by the
State Department of Agriculture on or after the effective date of
this 2001 Act. + }
' { + SECTION 4. + } ORS 568.933 is amended to read:
' 568.933. (1) In addition to any other liability or penalty
provided by law, the State Department of Agriculture may impose a
civil penalty on a landowner in an agricultural or rural area
subject to a water quality management plan for failure to comply
with the requirements of the plan including rules to implement
the plan.
' { - (a) The civil penalty for the first violation shall not
exceed $2,500. Upon a second violation, the department may impose
a civil penalty of not more than $10,000. - }
' { - (b) For the purposes of this section, each day of
violation continuing after the period of time for correction set
by the department shall be considered a separate violation unless
the department finds that a different period of time is more
appropriate to describe a specific violation event. - }
' { - (2) A civil penalty may not be imposed for the first
violation under this section unless the department has notified
the person of the violation and prescribed a reasonable time for
the elimination of the violation: - }
' { - (a) Not to exceed 30 days after the first notice of a
violation; or - }
' { - (b) If the violation requires more than 30 days to
correct, the period of time specified in a plan of correction
found acceptable to the department. - }
' { + (2) The department may not impose a civil penalty on a
landowner for a first violation under this section unless the
department:
' (a) Has notified the landowner of the violation in a writing
that describes, with reasonable specificity, the factual basis
for the department's determination that a violation has occurred;
and
' (b) Has prescribed a reasonable time for the landowner to
correct the violation that may not exceed 30 days after the first
notice of a violation, unless the violation requires more than 30
days to correct, in which case the department shall specify a
reasonable period of time to correct the violation in a plan of
correction issued to the landowner.
' (3) A civil penalty imposed under this section may not
exceed:
' (a) $2,500 for a first violation; or
' (b) $10,000 for a second or subsequent violation.
' (4) For purposes of this section, each day of a violation
continuing after any period of time of correction set by the
department is a separate violation unless the department finds
that a different period of time is more appropriate to describe a
specific violation event. + }
' { - (3) - } { + (5) + } The { - person - }
{ + landowner + } to whom { - the notice - } { + a notice of
violation or a notice of civil penalty + } is addressed shall
have { - 10 - } { + 30 + } days from the date of receipt of
the notice in which to make written application for a hearing
before the department.
' { - (4) - } { + (6) + } In imposing a penalty under this
section, the department shall consider the following factors:
' (a) The past history of the { - person - }
{ + landowner + } incurring a penalty in taking all feasible
steps or procedures necessary or appropriate to correct a
violation.
' (b) Any prior violations of rules, regulations or statutes
pertaining to a water quality management plan.
' (c) The gravity and magnitude of the violation.
' (d) Whether the violation was repeated or continuous.
' (e) Whether the cause of the violation was an unavoidable
accident, negligence or an intentional act.
' (f) The violator's efforts to correct the violation.
' (g) The immediacy and extent to which the violation threatens
the public health or safety.
' { - (5) - } { + (7) + } No notice of violation or period
to comply shall be required under subsection (2) of this section
if:
' (a) The violation is intentional; or
' (b) The landowner has received a previous notice of the same
or similar violation.
' { - (6) - } { + (8) + } Any civil penalty recovered under
this section shall be deposited into a special subaccount in the
Department of Agriculture Service Fund. Moneys in the subaccount
are continuously appropriated to the department to be used for
educational programs on water quality management and to provide
funding for water quality management demonstration projects.
' { + SECTION 5. + } { + The amendments to ORS 568.933 by
section 4 of this 2001 Act apply to penalties imposed on or after
the effective date of this 2001 Act. + } ' .
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