(1) In addition to any other penalty provided by law:

(a) Any person who violates any rule of the Oregon Health Authority relating to the construction, operation or maintenance of a water system or part thereof shall incur a civil penalty not to exceed $500 for each day of violation, except that a violation at any water system that serves more than 10,000 people shall be subject to a civil penalty not to exceed $1,000 for each day of violation.

(b) Any person who operates an environmental laboratory and who purports that the laboratory is accredited under the environmental laboratory accreditation program established under ORS § 438.615 when the laboratory is not accredited shall incur a civil penalty in accordance with the schedule of penalties established by rule by the Director of the Oregon Health Authority, in collaboration with the accrediting authority.

(2) No civil penalty prescribed under subsection (1) of this section shall be imposed until the person incurring the penalty has received five days’ advance notice in writing from the authority or unless the person incurring the penalty shall otherwise have received actual notice of the violation not less than five days prior to the violation for which a penalty is imposed. [1973 c.835 § 174; 1975 c.254 § 13; 1981 c.749 § 19; 1999 c.653 § 2; 1999 c.1063 § 5; 2009 c.595 § 860]