(1) In addition to any other sanction authorized by law, the governing board of the State Department of Geology and Mineral Industries may impose a civil penalty of not less than $200 per day and not more than $50,000 per day for any violation of ORS § 517.952 to 517.989, of any rules adopted under those provisions, of any orders issued under those provisions or of any conditions of a permit issued under those provisions. A penalty may be imposed under this subsection without regard to whether the violation occurs on property covered by a permit issued under ORS § 517.952 to 517.989.

(2)(a) In addition to any other sanction authorized by law, and subject to the limitations of paragraph (b) of this subsection, the governing board of the State Department of Geology and Mineral Industries may impose a civil penalty of not more than $10,000 per day for any violation of ORS § 517.702 to 517.740, 517.750 to 517.901 and 517.905 to 517.951, of any rules adopted under those provisions, of any orders issued under those provisions or of any conditions of a permit issued under those provisions.

(b) A penalty may be imposed under this subsection only if a landowner or operator fails to complete erosion stabilization as required by ORS § 517.775 or board rules adopted to implement that section, if the operator has failed to comply with an order issued under ORS § 517.860 or 517.880, if the operation is being conducted in violation of conditions imposed on an operating permit or reclamation plan pursuant to ORS § 517.835 or if the operation is being conducted:

(A) Without a permit;

(B) Outside the permit boundary; or

(C) Outside a permit condition regarding boundaries, setbacks, buffers or the placement of surface mining refuse.

(3) Civil penalties under this section shall be imposed in the manner provided by ORS § 183.745.

(4) Failure to pay a civil penalty that has become final under this section shall be grounds for revocation of any permit issued under ORS § 517.702 to 517.989 to the person against whom the penalty has been assessed.

(5) Any civil penalty received by the State Treasurer under this section shall be deposited in the General Fund to the credit of the Geology and Mineral Industries Account and is continuously appropriated to the State Department of Geology and Mineral Industries to the extent necessary for the administration and enforcement of the laws, rules and orders under which the penalty was assessed.

(6) A reclamation fund shall be established into which funds not used as described in subsection (5) of this section shall be deposited. This money shall be used by the State Department of Geology and Mineral Industries for the purpose of the reclamation of abandoned mine and drill sites.

(7) When a single incident violates statutes, rules, board orders or permit conditions administered by more than one agency, the department shall coordinate with the other agencies having civil penalty authority before imposing a civil penalty.

(8) In implementing this section, the department shall adopt rules that provide civil penalties that are commensurate with the severity of violations.

(9) A civil penalty may be imposed against the board of directors and high managerial agents of a corporation if those persons engage in, authorize, solicit, request, command or knowingly tolerate the conduct for which the penalty is to be imposed. As used in this subsection, ‘agent’ and ‘high managerial agent’ have the meanings given those terms in ORS § 161.170. [1991 c.735 § 24c; 1993 c.341 § 1; 1997 c.183 § 4; 2001 c.262 § 1; 2003 c.470 § 3; 2007 c.318 § 14; 2013 c.371 § 26]