Or. Admin. Code § 690-260-0100

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

Section 690-260-0100 - Liability for Damages Related to Enforcement

(1) Persons or agencies who have been ordered to take correction action by the Water Resources Commission, and who fail to do so without sufficient cause, are liable for damages. The calculation of damages may include all expenses incurred by the Department after the time for corrective action specified in the notice of violation has passed, that are the result of the person's or agency's failure to act. The damages shall not exceed the amount of all expenses incurred by the Water Resources Department in carrying out enforcement duties related to the corrective action. Damages are in addition to the civil penalties assessed for violations.

(2) As used in this rule, "sufficient cause" includes, but is not limited to, the following:

(a) Failure of notice to be given to the appropriate person or agency through no fault of the person or agency; and

(b) Failure to take the corrective action because of conditions or circumstances outside the control of the person or agency.

(3) As used in this rule, "all expenses" include, but are not limited to, the following:

(a) That portion of the salaries and other personnel expenses of the watermaster, assistant watermaster, other Department employee, or fees or legal advisors for time spent on enforcement duties related to corrective action;

(b) The travel and equipment costs of the watermaster, assistant watermaster, other Department employee or legal advisor spent on enforcement duties directly related to corrective action;

(c) The court costs of the Department spent on enforcement duties related to correction action; and

(d) The notice, publishing, copying or other supplies and miscellaneous costs of the Department spent on enforcement duties related to corrective action.

(4) Notices of assessment of damages may be included with the notice of assessment of civil penalty, or be issued at any time after the time for correction has elapsed. A notice of assessment of damages shall be served in person or mailed to the person or agency who is liable for damages. The notice shall include the following:

(a) A reference to the statute, rule, order, permit condition or standard involved in the corrective action;

(b) A short and plain statement of the matters asserted or charged;

(c) A statement of the amount of the damages imposed; and

(d) A statement of the right of the person or agency to request a hearing.

Or. Admin. Code § 690-260-0100

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

Stat. Auth.: ORS 540

Stats. Implemented: ORS 540