Or. Admin. Code § 690-260-0040

Current through Register Vol. 63, No. 10, October 1, 2024

Section 690-260-0040 - Classification of Violations

(1) Violations are classified as follows:

(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;

(b) Class II - Violation of ORS 540.310, 330, and 730;

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

(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;

(b) MODERATE is when substantial harm is not immediate or imminent, but could occur if left uncorrected;

(c) MINOR is when no substantial harm is apparent.

Or. Admin. Code § 690-260-0040

WRD 5-1990, f. & cert. ef. 5-15-90; WRD 5-2023, amend filed 06/22/2023, effective 7/1/2023

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