Or. Admin. Code § 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.
Notes
Stat. Auth.: ORS 540
Stats. Implemented: ORS 540
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