ORS 448.285
Penalty schedule

  • factors to be considered in imposing penalty
  • rules

(1)

The Director of the Oregon Health Authority shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation. No civil penalty shall exceed $500 per day, 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.

(2)

The director may impose the penalty without hearing but only after the notice required by ORS 448.280 (Civil penalties) (2). In imposing a penalty pursuant to the schedule or schedules adopted pursuant to this section, the director shall consider the following factors:

(a)

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

(b)

Any prior violations of statutes, rules, orders and permits pertaining to the water system.

(c)

The economic and financial conditions of the person incurring the penalty.

(3)

The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the Oregon Health Authority considers proper and consistent with the public health and safety.

(4)

In adopting rules or imposing penalties under this section for violations of ORS 448.280 (Civil penalties) (1)(b), the director shall collaborate with the accrediting authority. [1973 c.835 §175; 1975 c.254 §14; 1981 c.749 §20; 1999 c.653 §3; 1999 c.1063 §6; 2009 c.595 §861]

Source: Section 448.285 — Penalty schedule; factors to be considered in imposing penalty; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors448.­html.

448.005
Definitions for ORS 448.005 to 448.090 448.011
Powers of Oregon Health Authority 448.015
Applicability of ORS 448.005 to 448.090 448.020
Plan approval required to construct or alter pool facilities 448.030
Plan approval application 448.035
Annual license required to operate 448.037
Variance 448.040
Entry on premises for inspection purposes 448.051
Inspection of facilities 448.060
Operating pool or other facility without permit, plan approval or license 448.090
Disposition of moneys 448.095
Natural bathing places exempt 448.100
Delegation to county to administer ORS 448.005 to 448.060 448.115
Definitions for ORS 448.115 to 448.285 448.119
Application of ORS 448.119 to 448.285 and other provisions to water systems 448.123
Purpose 448.127
Short title 448.131
Water quality, construction and installation standards 448.135
Variances 448.140
Permit for operation of water system 448.145
When permit may be issued 448.150
Duties of authority 448.153
State Drinking Water Advisory Committee 448.155
Technical assistance and training 448.160
Emergency plans 448.165
Local government water service plans 448.170
Agreement to authorize local public health authority to exercise duties 448.175
Power of Oregon Health Authority to order compliance 448.180
Waiver of construction standards 448.250
Remedy when system a health hazard 448.255
Notice of violation 448.265
Prohibited actions 448.268
Area of ground water concern 448.271
Transfer of property that includes well 448.273
Federal Safe Drinking Water Act administration 448.277
Authority as administrator 448.278
Program for regulating cross-connections and backflow assemblies 448.279
Certification of inspectors of cross-connections and testers of backflow assemblies 448.280
Civil penalties 448.285
Penalty schedule 448.290
Process for imposing civil penalty 448.295
Jurisdiction of cities over property used for system or sources 448.300
City ordinance authority 448.305
Special ordinance authority of certain cities 448.310
Investigation of complaints 448.315
Special police to enforce ORS 448.295 448.325
Injunction to enforce city ordinances 448.330
Moratorium of pipe and fittings for potable water supply 448.405
Definitions for ORS 448.405 to 448.465 448.407
Advisory committee to commission and Oregon Health Authority 448.409
Biennial report 448.410
Authority and duties of Environmental Quality Commission 448.415
Certification required for operators 448.420
Special certification provisions 448.425
Deposit and use of fees 448.430
Certification exception 448.450
Powers and duties of Oregon Health Authority 448.455
Certification required for operators 448.460
Special certification provisions 448.465
Deposit of fees 448.990
Penalties for violations of pool facility or water system requirements 448.992
Sewage treatment works violation penalties 448.994
Potable water treatment plant violation penalty
Green check means up to date. Up to date

Current through early 2024

§ 448.285’s source at oregon​.gov