1. (1) A city, county or special district that provides wastewater service has exclusive and concurrent authority to enforce compliance with the requirements of ORS 646A.540. Selling, or displaying for sale, a product package that does not comply with the requirements of ORS 646A.540 is a violation for which the city, county or special district may bring an action to recover a civil penalty in the amounts set forth in subsection (2)(b) of this section. Selling, or displaying for sale, multiple units of the same noncompliant product package is part of the same violation.

2. (2)

   1. (a) Except as provided in paragraph (c) of this subsection, before bringing an action to recover a civil penalty for a violation, a city, county or special district that provides wastewater services shall send to the alleged violator a written notice of violation, dated with the date of mailing, and shall include a copy of the provisions of ORS 646A.540.

   2. (b) If a covered entity sells or displays for sale a product package that does not comply with the requirements of ORS 646A.540 after receiving the notice described in paragraph (a) of this subsection, the city, county or special district may bring an action to recover:

      1. (A) A civil penalty of not more than $2,000 for a first violation that occurs between 90 days and 120 days after the date of the notice;
      2. (B) An additional civil penalty of not more than $5,000 for a second violation or for a first violation that continues for more than 120 days after the date of the notice; and
      3. (C) An additional civil penalty of not more than $10,000 for a third and any subsequent violation or for a first violation that continues during any part of each 30-day period that follows the period described in subparagraph (B) of this paragraph.
   3. (c) For the purposes of the notice requirement set forth in paragraph (a) of this subsection, a product package is the same product package, and the city, county or special district need not send a separate notice of violation, if within 90 days after the date of the notice the covered entity changes the product package in a manner that is unrelated to compliance with the requirements of ORS 646A.540.
   4. (d) If a covered entity has paid a previous penalty for the same violation to another jurisdiction that has enforcement authority under this section, the penalty imposed on the covered entity must be reduced by the amount of the covered entity’s previous payment.
3. (3) A covered entity shall pay any civil penalty imposed under this section to the city, county or special district that brought the action to recover the civil penalty.
4. (4) In addition to the amount of any civil penalty imposed, a city, county or special district may recover reasonable enforcement costs and attorney fees.

[2021 c.181 §3]