1. (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. (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. (3) The civil penalty for the following violations shall not exceed $1,000 per day for each violation:

   1. (a) Failure to obtain approval of plans prior to the construction of water system facilities;
   2. (b) Failure to construct water system facilities in compliance with approved plans;
   3. (c) Failure to take immediate action to correct maximum contaminant level violations;
   4. (d) Failure to comply with sampling and analytical requirements;
   5. (e) Failure to comply with reporting and public notification requirements;
   6. (f) Failure to meet the conditions of a compliance schedule developed under a variance or permit;
   7. (g) Failure to comply with cross connection control requirements;
   8. (h) Failure to comply with the operation and maintenance requirements;
   9. (i) Failure to comply with an order issued by the Oregon Health Authority;
   10. (j) Failure to utilize an operator in direct responsible charge of a water system; and
   11. (k) Exceeding a maximum contaminant level (MCL) identified in OAR 333-061-0030.

4. (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 for PDF copy.]

Statutory/Other Authority

ORS 448.131

Statutes/Other Implemented

ORS 448.131, 448.280, 448.285, 448.290 & 448.990

History

PH 118-2024, amend filed 12/13/2024, effective 01/01/2025
PH 5-2016, f. 2-10-16, cert. ef. 4-1-16
PH 14-2014, f. & cert. ef. 5-8-14
PH 3-2013, f. & cert. ef. 1-25-13
PH 7-2010, f. & cert. ef. 4-19-10
PH 4-2009, f. & cert. ef. 5-18-09
PH 2-2006, f. & cert. ef. 1-31-06
PH 33-2004, f. & cert. ef. 10-21-04
PH 20-2004, f. & cert. ef. 6-18-04
PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04
OHD 17-2002, f. & cert. ef. 10-25-02
OHD 3-2000, f. 3-8-00, cert. ef. 3-15-00
OHD 4-1999, f. 7-14-99, cert. ef. 7-15-99
HD 26-1990, f. 12-26-90, cert. ef. 12-29-90
HD 9-1989, f. & cert. ef. 11-13-89
HD 3-1987, f. & ef. 2-17-87
Renumbered from 333-042-0245, HD 2-1983, f. & ef. 2-23-83
HD 4-1982, f. & ef. 2-26-82
Reverted to HD 106, f. & ef. 2-6-76
HD 17-1981(Temp), f. & ef. 8-28-81
HD 106, f. & ef. 2-6-76