(1)Violation of these rules shall be punishable as set forth in ORS 448.990 (Penalties for violations of pool facility or water system requirements) which stipulates that violation of any section of these rules is a Class A misdemeanor.
(2)Pursuant to ORS 448.280 (Civil penalties), 448.285 (Penalty schedule) and 448.290 (Process for imposing civil penalty), any person who violates these rules shall be subject to a civil penalty. Each and every violation is a separate and distinct offense, and each day’s violation is a separate and distinct violation.
(3)The civil penalty for the following violations shall not exceed $1,000 per day for each violation:
(a)Failure to obtain approval of plans prior to the construction of water system facilities;
(b)Failure to construct water system facilities in compliance with approved plans;
(c)Failure to take immediate action to correct maximum contaminant level violations;
(d)Failure to comply with sampling and analytical requirements;
(e)Failure to comply with reporting and public notification requirements;
(f)Failure to meet the conditions of a compliance schedule developed under a variance or permit;
(g)Failure to comply with cross connection control requirements;
(h)Failure to comply with the operation and maintenance requirements;
(i)Failure to comply with an order issued by the Authority; and
(j)Failure to utilize an operator in direct responsible charge of a water system.
(4)Civil penalties shall be based on the population served by public water systems and shall be in accordance with Table 45 below: [Table not included. See ED. NOTE.]
Rule 333-061-0090 — Penalties,