(1) As used in this section, spray season means a period that: (a) Begins on January 1 and ends on June 30 in the same calendar year; or (b) Begins on July 1 and ends on December 31 in the same calendar year. (2) If an operator, timber owner or landowner fails to timely send a notice under ORS 527.790 or timely send a notice of incompletion or completion verification under ORS 527.791 for one or more forestland units, or any combination of such failures on the same day: (a) For the first day during a spray season on which one or more failures occur, the State Forestry Department shall issue the landowner a warning. (b) For the second day during a single spray season on which one or more failures occur, the department shall assess the landowner a civil penalty of $1,000. (c) For a third day or any subsequent day during a single spray season on which one or more failures occur, the department shall assess the landowner a civil penalty of $5,000 per day.
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