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<br />rl <br />1 <br /> <br />n <br />n <br />rl <br />fl <br /> <br />, J <br /> <br />$25,000 per day [maximum reduced to $1,000 per day by 1999 <br />Oregon House Bill 2431]. <br />B. Each day that a violation continues shall be considered a separate <br />violation subject to civil penalties. A violation occurs when a <br />regulated entity fails to file a complete and correct report on or before <br />the day the filing of a report is required. <br />C. In determining the appropriate amount of the penalty, the following <br />shall be considered: <br />1. the likelihood at the time of the noncompliance that harm <br />would arise from the violator's noncompliance; <br />2. the degree of the violator's awareness of that likelihood; <br />3. the profits reasonably related to the violator's non-compliance; <br />4. the duration of the non-compliance and any concealment of it; <br />5. the attitude and conduct of the violator upon discovery of the <br />concealment; <br />6. the number of previous violations by the specific violator of this <br />Act; <br />7. the financial condition of the violator; <br />8. the total deterrent effect upon the specific violator at issue and <br />other potential violators; and <br />9. other penalties paid by the specific violator for the specific <br />violations at issue. <br />D. Any penalties imposed under this Section or Section 8.3 shall be paid <br />to the City of Eugene for use in implementing this Act. <br />E. If a hazardous substance user repeatedly violates this Act in a fashion <br />contrary to the public interest, the City Manager shall order that <br />hazardous substance user to cease and desist using hazardous <br />substances in the City of Eugene. <br />F. Nothing in this Section is intended to restrict or limit any other <br />enforcement remedies available, at law or in equity, arising out of the <br />. same circumstances upon which an alleged violation of the Act may <br />be based. <br /> <br />, 1 <br />i } <br /> <br />11 <br />i t <br />. 1 <br />t i <br /> <br />!'1 <br /> <br />. ! <br />i j <br /> <br />~r <br />i <br /> <br />" 1 <br />I <br />.. 1 <br /> <br />Section 8.3. Citizen enforcement. <br />A. Any person may petition to the T oxics Board on her/his own behalf <br />against a hazardous substance user or person for failure to comply <br />with any of the terms of this Act. The Toxics Board shall set forth <br />procedures by which persons may petition the Toxics Board. <br />B. The Toxics Board must issue a decision in response to a petition <br />within 45 days of receiving the petition. If the Toxics Board fails to <br />issue a decision within 45 days, the petition shall be deemed denied <br />on the 45th day for the purpose of exhaustion of remedies and may <br />be judicially reviewed pursuant to Section 8.1 (8). <br />C. The petitioner must notify the Toxics Board and alleged violator ten <br />days prior to seeking judicial review, except that such action may be <br />brought immediately after such notification in the case of an action <br />under this Section respecting an emergency posing a significant risk <br /> <br />A-7 <br />