ORS 536.920: Factors to be considered in imposition of penalty.

In imposing a penalty pursuant to the schedule adopted pursuant to ORS 536.910, the Water Resources Commission shall consider the following factors:

      (1) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

      (2) Any prior violations of statutes, rules or orders pertaining to water use.

      (3) The economic and financial conditions of the person incurring the penalty, including any financial gains resulting from the violation.

      (4) The immediacy and extent to which the violation threatens other rights to the use of water or the public health or safety or the public interest in the waters of this state.