Notice and opportunity to correct hazardous material violations. (1) The Department of Transportation may not impose penalties specified in ORS chapters 823, 824, 825 and 826, against a person who causes hazardous materials to be transported unless the person has received prior written notice of the violation and five days to correct the violation

(2) No prior written notice or five-day correction period shall be required under subsection (1) of this section for:

(a) Subsequent violations of a like nature occurring within five years of the violation for which the person received notice.

(b) Any violation that causes substantial harm to human health or the environment. [1995 c.737 §15]