OAR 333-061-0090: Penalties

(1) Violation of these rules shall be punishable as set forth in ORS 448.990 which stipulates that violation of any section of these rules is a Class A misdemeanor. (2) Pursuant to ORS 448.280, 448.285 and 448.290, 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 Oregon Health Authority; (j) Failure to utilize an operator in direct responsible charge of a water system; and (k) Exceeding a maximum contaminant level (MCL) identified in OAR 333-061-0030. (4) Civil penalties shall be based on the population served by public water systems and shall be in accordance with Table 49. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]