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