1. (1) The amount of civil penalty shall be determined consistent with the following schedule:

   1. (a) Not less than $50 nor more than $250 for each occurrence defined in these rules as a minor violation;
   2. (b) Not less than $200 nor more than $1,000 for each occurrence defined in these rules as a major violation;
   3. (c) First occurrence, in a calendar year, of a missing or late start card fee shall be $150;
   4. (d) Second occurrence, in a calendar year, of a missing or late start card fee shall be $250; and
   5. (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 Monitoring Well Constructor's License, and any other action authorized by law.
2. (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 690-240-0375.

3. (3) Table 240-3 lists minor violations related to monitoring well construction and geotechnical holes. All other violations are declared to be major.

   [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.]

Statutory/Other Authority

ORS 537.992, ORS 537.505-537.795, ORS 536.027, ORS 183, ORS 536.900 & ORS 537.992

Statutes/Other Implemented

ORS 537.992, ORS 537.505-537.795, ORS 183, ORS 536.900 & ORS 537.992

History

WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-240-0180
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 14-1990, f. & cert. ef. 8-9-90