1. (1) Violations are classified as follows:

   1. (a) Class I — Violations of the terms or conditions of a permit, certificate or license issued under ORS 536 to 543; Violation of ORS 537.130 or 537.535; Violation of ORS 540.045, 210, 320, 340, 435, 710, 720; or rules adopted under ORS 540.145;
   2. (b) Class II — Violation of ORS 540.310, 330, and 730;
   3. (c) Class III — Violation of any rule or order of the Water Resources Commission that pertains to well maintenance; violation of ORS 537.545(5); and violation of ORS 540.440.

2. (2) Violations shall be further divided into major, moderate, and minor categories as follows:

   1. (a) MAJOR is when substantial harm to other water rights, minimum flows, instream water rights, the public health or safety, or other water-based resources is immediate or imminent;
   2. (b) MODERATE is when substantial harm is not immediate or imminent, but could occur if left uncorrected;
   3. (c) MINOR is when no substantial harm is apparent.

Statutory/Other Authority

ORS 540, ORS 537.505-537.795, ORS 537.992, ORS 536.027, ORS 536.900-536.935 & ORS 183

Statutes/Other Implemented

ORS 540, ORS 537.505-537.795, ORS 537.992 & ORS 536.900-536.935

History

WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-1990, f. & cert. ef. 5-15-90