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 to 537.795 and 537.992, 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 to 537.795 and 537.992, causes the person to comply with the provisions of ORS 537.747 to 537.795 and 537.992 or rules adopted thereunder. (2) The commission shall adopt by rule a schedule of penalties for violation of ORS 537.747 to 537.795 and 537.992, 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 or 537.765 exceed $250. (3) Civil penalties under this section shall be imposed as provided in ORS 183.745. (4) All amounts recovered under this section shall be deposited in the General Fund. [Formerly 537.792] (Temporary provisions relating to injunctive authority) Sec. 1. If the Water Resources Department has information that a person has engaged in any activity that is in violation of ORS 537.130, 537.535, 540.710 or 540.720, in addition to any other available remedies, the department may apply to the Circuit Court for Marion County, or to the circuit court for any county in which the activity has occurred, for a temporary or permanent injunction requiring the person to: (1) Refrain from the activity; and (2) Take any actions necessary to remedy the violation or any threat to water supplies, public health or public safety resulting from the violation. [2023 c.518 §1] Sec. 2. Section 1 of this 2023 Act is repealed on January 2, 2030. [2023 c.518 §2] Sec. 3. (1) On or before September 15, 2028, the Water Resources Department shall report, in the manner prescribed in ORS 192.245, to a committee or interim committee of the Legislative Assembly related to water on the department’s use of injunctive authority pursuant to section 1 of this 2023 Act. (2) The report must describe, but need not be limited to describing, the frequency of the department’s pursuit of injunctions pursuant to section 1 of this 2023 Act and the outcomes of applying for, and being granted, injunctions pursuant to section 1 of this 2023 Act. [2023 c.518 §3] Sec. 4. Section 3 of this 2023 Act is repealed on January 2, 2030. [2023 c.518 §4] _______________