Or. Admin. Code § 690-260-0010

Current through Register Vol. 63, No. 11, November 1, 2024

Section 690-260-0010 - Definitions

The following definitions apply in OAR Chapter 690, Division 260.

(1) "Acceptable Schedule" means a compliance schedule that is acknowledged and signed by the Director.

(2) "Agency" means any state board, commission, department or division thereof, or any officer authorized by law to make rules or to issue orders, except those in the legislative and judicial branches of government.

(3) "Beneficial Use" means the reasonably efficient use of water without waste for a purpose consistent with the laws and the best interests of the people of the state.

(4) "Burden of Proof" means the necessity or duty of affirmatively proving a fact or facts in a dispute.

(5) "Commission" means the Water Resources Commission.

(6) "Corrective Action" means actions to be taken by the responsible party, as specified by the Director, to correct violations reflected in a notice of violation or notice of assessment of civil penalty.

(7) "Department" means the Water Resources Department.

(8) "Director" means the Director of the Water Resources Department.

(9) "Financial Gain" means the amount of economic gain realized by the responsible party from non-compliance with the state water law from the date specified in a notice of violation until corrective action is taken.

(10) "Hearing" means a contested case hearing as defined in the Oregon Administrative Procedure Act.

(11) "Notice of Assessment of Civil Penalty" means a written notice which includes a reference to the statute, rule, order, permit condition or standard involved; a statement of the matters asserted or charged; the amount of the penalty imposed; and a statement of the right of the person to request a hearing.

(12) "Notice of Violation" means a written notice which includes a reference to the statute, rule, order, permit condition or standard violated; the date of the violation; and the time specified for correction of the violation.

(13) "Person" means any individual, part-nership, corporation, association, governmental subdivision or public or private organization of any character other than an agency.

(14) "Responsible Party" means the person or agency that is in control and is either in violation as specified in a notice of violation or who may benefit from that violation.

(15) "Similar Violation" means a violation of a statute, rule, order, permit condition, or standards for which the person or agency has previously received a notice of violation.

(16) "Waste" means for purposes of assessing civil penalties, when the quantity of water diverted exceeds the quantity required to meet the beneficial use specified in a water right, not including reasonable system losses, return flows, or diversion rates of water allowed in a water right or a rotation agreement.

Or. Admin. Code § 690-260-0010

WRD 5-1990, f. & cert. ef. 5-15-90

Stat. Auth.: ORS 540

Stats. Implemented: ORS 540