ORS 537.992
Civil penalties
- schedule of penalties
- rules
(1)
In addition to any other remedy provided by law, the Water Resources Commission may impose a civil penalty against any person who, in the construction of a well, violates any provision of ORS 537.747 (Water well constructor’s license) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties), or any rule promulgated pursuant thereto. A civil penalty shall be in an amount determined by the commission in accordance with the rules adopted under subsection (2) of this section. However, the commission shall not impose a civil penalty under this section if the commission, by exercising other authority granted under ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties), causes the person to comply with the provisions of ORS 537.747 (Water well constructor’s license) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties) or rules adopted thereunder.(2)
The commission shall adopt by rule a schedule of penalties for violation of ORS 537.747 (Water well constructor’s license) to 537.795 (ORS 537.505 to 537.795 supplementary) and 537.992 (Civil penalties), not to exceed $1,000 for each occurrence defined in the rules as a major violation, and not to exceed $250 for each occurrence defined in the rules as a minor violation. Under no circumstances may a penalty for a violation of ORS 537.762 (Report of constructor before beginning work on well) or 537.765 (Log of constructing, altering, abandoning or converting well) exceed $250.(3)
Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures).(4)
All amounts recovered under this section shall be deposited in the General Fund. [Formerly 537.792
Source:
Section 537.992 — Civil penalties; schedule of penalties; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors537.html.
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