(1) In addition to any other liability or penalty provided by law, the Water Resources Commission may impose a civil penalty on a person for violation of:

Terms Used In Oregon Statutes 536.900

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(a) A term or condition of a permit, certificate or license issued under ORS chapters 536 to 543A.

(b) ORS § 537.130 or 537.535.

(c) ORS § 537.545 (5) or a rule described in ORS § 537.545 (7).

(d) A commission rule or order that pertains to well maintenance.

(e) ORS § 540.045, 540.145, 540.210, 540.310, 540.320, 540.330, 540.340, 540.435, 540.440, 540.570 (5), 540.710, 540.720 and 540.730 or rules adopted under ORS § 540.145.

(f) ORS § 537.897 or 537.898 (2).

(g) ORS § 537.387.

(2) A civil penalty may be imposed under this section for each day of violation of ORS § 537.130, 537.535, 540.045, 540.310, 540.330, 540.570 (5), 540.710, 540.720 or 540.730.

(3) In the event the petitioner knowingly misrepresents the map and petition required in ORS § 541.329, the commission may assess a penalty of up to $1,000 based upon guidelines to be established by the commission. In addition, the petition and map shall be amended to correct the error at the petitioner’s cost. Affected users shall be given notice as provided in ORS § 541.329 (5).

(4) A civil penalty may not be imposed until the commission prescribes a reasonable time to eliminate the violation. The commission shall notify the violator of the time allowed to correct a violation within 10 business days after the commission first becomes aware of the violation.

(5) Notwithstanding any term or condition of a permit, certificate or license, the rotation of the use of water under ORS § 540.150 may not be considered a violation under subsection (1) of this section.

(6) The commission may impose a civil penalty of not more than $2,000 per occurrence for a violation described in subsection (1)(g) of this section. [1989 c.618 § 1; 1991 c.869 § 5; 1993 c.818 § 5; 1999 c.873 § 21; 2001 c.788 6,12; 2003 c.705 17,18; 2009 c.819 § 2; 2021 c.610 § 20a; 2022 c.52 § 5; 2023 c.209 § 11]

 

536.900 to 536.935 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 536 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

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