Investigation of violation of ground water laws
- remedies for violation
(1)The Water Resources Commission, upon the commission’s own initiative, or upon complaint alleging violation of any provision of ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties), or any rule adopted pursuant thereto, may investigate to determine whether a violation has occurred. If the investigation indicates that a violation has occurred, the commission shall notify the persons responsible for the violation, including:
(a)Any well constructor involved; and
(b)The landowner, if the violation involves construction, alteration, operation, abandonment or conversion of a well.
(2)If, after notice and opportunity for hearing under ORS chapter 183 the commission determines that one or more violations have occurred, the commission may:
(a)Provide additional time for remedy of the violation if the commission has reason to believe adequate repair or other remedy will be carried out within the specified period.
(b)If one or more persons responsible for the violation hold a water well constructor’s license, suspend, revoke or refuse to renew the license.
(c)Assess a civil penalty under ORS 537.992 (Civil penalties), on the well constructor or other responsible party, including the landowner if the landowner was involved in the well construction.
(d)If an involved constructor or landowner has a surety bond required by ORS 537.753 (Bond or letter of credit) (1) or (4) in effect, make demand on the bond in an amount not to exceed the cost of remedying the violation.
(e)Impose any reasonable condition on the water well constructor’s license to insure compliance with applicable laws and provide protection to the ground water of the State of Oregon. Such action shall be conducted as a contested case proceeding according to the applicable provisions of ORS chapter 183.
(f)Any other action authorized by law.
(3)The commission may terminate proceedings against a person if:
(a)The landowner does not permit the person involved in proceedings to be present at any inspection made by the commission; or
(b)The commission determines that the person involved in proceedings is capable of complying with recommendations made by the commission, but the landowner does not permit the person to comply with the recommendations. [1985 c.615 §5; 1985 c.673 §199; 1999 c.293 §6]
Section 537.787 — Investigation of violation of ground water laws; remedies for violation,