OAR 690-260-0060: Notice of Assessment of Civil Penalty

(1) Persons or agencies who have received a notice of violation, as prescribed in OAR 690-260-0030, and have not corrected the violation within the time specified in the notice or have been previously served a notice for a similar violation may be assessed a civil penalty. A notice of assessment of civil penalty shall be delivered either in person or sent by certified or registered mail to the responsible party. (2) The notice shall include the following: (a) A reference to the particular sections of the statute, rule, order, permit condition or standard involved; (b) A short and plain statement of the matters asserted or charged; (c) A statement of the amount of the penalty or penalties imposed; and (d) A statement of the right of the person to request a hearing. (3) In cases of continuing violations, each occurrence of substantially the same activity and each day’s continuance of a violation after the responsible party has been notified is a separate and distinct violation, but not for purposes of the 10 business day notice requirement. A civil penalty may be imposed for each day of violation of ORS 537.130, 537.535, 540.045, 540.310, 540.330, 540.710, 540.720, or 540.730. Such violations include, but are not limited to, the following: (a) Using water without a water right permit, certificate, order or claim of appropriation; (b) Failure to maintain a well and well equipment as required in OAR 690, division 215; (c) Failure to maintain a headgate, valve or measuring device as required by the watermaster; (d) Failure to install and maintain a measuring device(s) above and/or below a reservoir as required by the watermaster; (e) Tampering with a headgate following regulation by the watermaster; (f) Illegal or unauthorized use or storage of water; or (g) Interfering with the diversion and distribution works of another.