Chapter 468 — Chapter 468
378 sections in this chapter.
ORS 468.946 Unlawful water pollution in the first degree. (1) A person commits the crime of unlawful water pollution in the first degree if the person, in violation of ORS chapter 468B or any rule, standard, license, permit or order adopted or issued under ORS chapter 468B, knowingly discharges, places or causes to be placed any waste into the waters of the state or in a location where the waste is likely to escape or be carried into the waters of the state and
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(a) As a result, recklessly causes substantial harm to human health or the environment; or (b) Knowingly disregards the law in committing the violation. (2) Unlawful water pollution in the first degree is a Class B felony. (3) Notwithstanding ORS 161.625 and subsection (2) of thi…
ORS 468.948 Unlawful motorized in-stream placer mining. (1) A person commits the offense of unlawful motorized in-stream placer mining if the person knowingly engages in motorized in-stream placer mining, as defined in ORS 468B.112, without a permit issued under ORS 468B.050 or in violation of any rule, permit, order or any applicable requirement adopted or issued under ORS 468B.050 or 468B.112 to 468B.118
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(2) Subject to ORS 153.022, unlawful motorized in-stream placer mining is a Class A violation. (3) Notwithstanding ORS 153.042, an enforcement officer, as defined in ORS 153.005, may issue a citation under subsection (1) of this section when the conduct alleged to constitute a vi…
ORS 468.949 Determination of number of punishable offenses under ORS 468.943 and 468.946. Notwithstanding ORS 161.067, each day on which a violation occurs or continues under ORS 468.943 or 468.946 is a separately punishable offense. [1993 c.422 §12]
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[Repealed or reserved.]
ORS 468.950 [1985 c.684 §7; 1989 c.958 §6; renumbered 468.476 in 1993]
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[Repealed or reserved.]
ORS 468.951 Environmental endangerment. (1) A person commits the crime of environmental endangerment if the person
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(a) Knowingly commits the crime of unlawful disposal, storage or treatment of hazardous waste in the first degree, unlawful transport of hazardous waste in the first degree, unlawful air pollution in the first degree or unlawful water pollution in the first degree; and (b) As a r…
ORS 468.953 Supplying false information to agency. (1) A person commits the crime of supplying false information to any agency if the person
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(a) Makes any false material statement, representation or certification knowing it to be false, in any application, notice, plan, record, report or other document required by any provision of ORS chapter 465, 466, 468, 468A or 468B or any rule adopted pursuant to ORS chapter 465,…
ORS 468.955 [1985 c.684 §8; 1987 c.158 §95; 1989 c.958 §7; renumbered 468.481 in 1993]
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[Repealed or reserved.]
ORS 468.956 Refusal to produce material subpoenaed by commission. Refusal, without good cause, to produce books, papers or information subpoenaed by the Environmental Quality Commission, the Department of Environmental Quality or the regional air quality control authority or any report required by law or by the commission, the department or a regional authority 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 ORS chapters 468, 468A and 468B is a Class A misdemeanor. [1993 c.422 §15]
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[Repealed or reserved.]
ORS 468.959 Upset or bypass as affirmative defense. (1) It is an affirmative defense to any offense under ORS 468.922 to 468.946 that the alleged violation was the result of an upset or bypass
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(2) For purposes of this section: (a) “Bypass” means the temporary discharge of waste or an air contaminant in violation of ORS chapter 465, 466, 468, 468A or 468B or any rule adopted or order or permit issued thereunder, under circumstances in which the defendant reasonably beli…
ORS 468.960 [1985 c.684 §9; 1989 c.958 §8; renumbered 468.486 in 1993]
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[Repealed or reserved.]
ORS 468.961 Approval of Attorney General or district attorney before bringing felony charge; guidelines for bringing felony charge; model guidelines. (1) Except in exigent circumstances, no person shall be charged with a felony under ORS 468.922 to 468.956 without the personal approval of the district attorney of the county or the Attorney General of the State of Oregon
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(2) In order to promote consistency in bringing criminal prosecutions under ORS 468.922 to 468.956, the district attorney of each county shall adopt written guidelines for filing felony criminal charges under ORS 468.922 to 468.956. The written guidelines, at a minimum, shall req…
ORS 468.962 Notice to Department of Revenue of environmental felony. If a person is convicted of a felony under ORS 468.922 to 468.956, the county district attorney or the Attorney General, whichever was the prosecuting officer, shall give notice of the conviction to the Department of Revenue. [2001 c.928 §8]
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[Repealed or reserved.]
ORS 468.963 Environmental audit privilege; exceptions; burden of proving privilege; waiver; disclosure after in camera review. (1) In order to encourage owners and operators of facilities and persons conducting other activities regulated under ORS 824.050 to 824.110 or ORS chapter 465, 466, 468, 468A, 468B or 825, or the federal, regional or local counterpart or extension of such statutes, both to conduct voluntary internal environmental audits of their compliance programs and management systems and to assess and improve compliance with such statutes, an environmental audit privilege is recognized to protect the confidentiality of communications relating to such voluntary internal environmental audits
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(2) An Environmental Audit Report shall be privileged and shall not be admissible as evidence in any civil or administrative proceeding, except as provided in subsections (3) and (4) of this section. The privilege provided in this subsection does not apply to a criminal investiga…
ORS 468.965 [1985 c.684 §10; 1989 c.958 §9; renumbered 468.491 in 1993]
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[Repealed or reserved.]
ORS 468.967 [1989 c.1072 §1; renumbered 459A.775 in 1991]
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[Repealed or reserved.]
ORS 468.968 [1989 c.1072 §§2,3,4; renumbered 459A.780 in 1991]
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[Repealed or reserved.]
ORS 468.969 [1989 c.1072 §5; renumbered 459A.785 in 1991]
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[Repealed or reserved.]
ORS 468.970 [1987 c.695 §1; 1989 c.958 §9; renumbered 454.430 in 1989]
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[Repealed or reserved.]
ORS 468.973 [1987 c.695 §2; renumbered 454.433 in 1989]
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[Repealed or reserved.]
ORS 468.975 [1987 c.695 §§3,11; renumbered 454.436 in 1989]
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[Repealed or reserved.]
ORS 468.977 [1987 c.695 §§4,5,8; renumbered 454.439 in 1989]
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[Repealed or reserved.]
ORS 468.980 [1987 c.695 §6; renumbered 454.442 in 1989]
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[Repealed or reserved.]
ORS 468.983 [1987 c.695 §7; renumbered 454.445 in 1989]
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[Repealed or reserved.]
ORS 468.990 [1973 c.835 §28; subsection (5) formerly part of 448.990, enacted as 1973 c.835 §177a; 1989 c.859 §6; 1991 c.764 §7; renumbered 468B.990 in 1991]
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[Repealed or reserved.]
ORS 468.992 [1973 c.835 §26; repealed by 1993 c.422 §35]
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[Repealed or reserved.]
ORS 468.995 [1973 c.835 §27; subsection (6) enacted as 1975 c.366 §3; 1983 c.338 §938; 1991 c.920 §20; renumbered 468A.990 in 1991]
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CIVIL PENALTIES
ORS 468.996 Civil penalty for intentional or reckless violation; rules. (1) In addition to any other penalty provided by law, any person who intentionally or recklessly violates any provision of ORS 164.785, 459.205 to 459.426, 459.705 to 459.790, ORS chapters 465, 466 or 467 or 468, 468A and 468B or any rule or standard or order of the Environmental Quality Commission adopted or issued pursuant to ORS 459.205 to 459.426, 459.705 to 459.790, ORS chapters 465, 466 or 467 or 468, 468A and 468B, which results in or creates the imminent likelihood for an extreme hazard to the public health or which causes extensive damage to the environment shall incur a civil penalty not to exceed $250,000. The Environmental Quality Commission shall adopt by rule a schedule and the criteria for determining the amount of a civil penalty that may be imposed for an extreme violation
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(2) As used in this section: (a) “Intentionally” means conduct by a person with a conscious objective to cause the result of the conduct. (b) “Recklessly” means conduct by a person who is aware of and consciously disregards a substantial and unjustifiable risk that the result wil…
ORS 468.997 Joinder of certain offenses. Where any provision of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B provides that each day of violation of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 or a section of ORS chapters 468, 468A and 468B constitutes a separate offense, violations of that section that occur within the same court jurisdiction may be joined in one indictment, or complaint, or information, in several counts. [Formerly 449.992]
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