OAR 690-225-0110: Schedule of Civil Penalties

(1) The amount of civil penalty shall be determined consistent with the following schedule: (a) Not less than $50 nor more than $250 for each occurrence defined in these rules as a minor violation; (b) Not less than $200 nor more than $1,000 for each occurrence defined in these rules as a major violation; (c) First occurrence, in a calendar year, of a missing or late start card fee shall be $150; (d) Second occurrence, in a calendar year, of a missing or late start card fee shall be $250; (e) Third, and each subsequent, occurrence, in a calendar year, of a missing or late start card fee shall be $250 and may include suspension of the Water Supply Well Constructor’s license, and any other action authorized by law. (f) First occurrence, in a calendar year, of a missing or late exempt ground water use recording fee shall be $150; (g) Second occurrence, in a calendar year, of a missing or late exempt ground water use recording fee shall be $250; (h) Third, and each subsequent, occurrence, in a calendar year, of a missing or late exempt ground water use recording fee shall be $250 and may include suspension of the Water Supply Well Constructor’s license, and any other action authorized by law. (2) For purposes of assessing a civil penalty, the start card fee referred to in subsections (1)(c), (d), and (e) of this rule shall not be considered late if it is received in the Salem office of the Water Resources Department within five days of the receipt of the start card, provided the start card was submitted in a timely manner as described in ORS 537.762 and OAR 690-205-0200. (3) For purposes of assessing a civil penalty, the exempt ground water use recording fee referred to in subsections (1)(f), (g), and (h) of this rule shall not be considered late if it is received in the Salem office of the Water Resources Department within five days of the receipt of the water supply well report, provided the well report was submitted in a timely manner as described in ORS 537.765 and OAR 690-205-0210. (4) Table 225-1 lists minor violations of well construction standards. All other violations are declared to be major. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]