(2) The director may impose the penalty without hearing but only after the notice required by ORS 448.280 (2). In imposing a penalty pursuant to the schedule or schedules adopted pursuant to this section, the director shall consider the following factors:
(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
(b) Any prior violations of statutes, rules, orders and permits pertaining to the water system.
(c) The economic and financial conditions of the person incurring the penalty.
(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the Oregon Health Authority considers proper and consistent with the public health and safety.
(4) In adopting rules or imposing penalties under this section for violations of ORS 448.280 (1)(b), the director shall collaborate with the accrediting authority. [1973 c.835 §175; 1975 c.254 §14; 1981 c.749 §20; 1999 c.653 §3; 1999 c.1063 §6; 2009 c.595 §861]
Structure 2021 Oregon Revised Statutes
Chapter 448 - Pool Facilities; Water and Sewage Systems
Section 448.005 - Definitions for ORS 448.005 to 448.090.
Section 448.030 - Plan approval application; contents; issuance or denial; plan review fee.
Section 448.035 - Annual license required to operate; fees; expiration date.
Section 448.037 - Variance; application; fee.
Section 448.115 - Definitions for ORS 448.115 to 448.285.
Section 448.135 - Variances; notice.
Section 448.140 - Permit for operation of water system.
Section 448.145 - When permit may be issued; compliance schedule; hearing; notice.
Section 448.150 - Duties of authority; fees; rules.
Section 448.153 - State Drinking Water Advisory Committee; rules.
Section 448.155 - Technical assistance and training; public information.
Section 448.160 - Emergency plans.
Section 448.165 - Local government water service plans.
Section 448.175 - Power of Oregon Health Authority to order compliance.
Section 448.250 - Remedy when system a health hazard; special master; sale of system.
Section 448.255 - Notice of violation; content; hearing; order; appeal.
Section 448.265 - Prohibited actions; nuisance abatement.
Section 448.268 - Area of ground water concern; declaration.
Section 448.271 - Transfer of property that includes well; testing; effect.
Section 448.273 - Federal Safe Drinking Water Act administration.
Section 448.278 - Program for regulating cross-connections and backflow assemblies; fees.
Section 448.280 - Civil penalties; notice.
Section 448.285 - Penalty schedule; factors to be considered in imposing penalty; rules.
Section 448.290 - Process for imposing civil penalty.
Section 448.295 - Jurisdiction of cities over property used for system or sources.
Section 448.305 - Special ordinance authority of certain cities.
Section 448.315 - Special police to enforce ORS 448.295.
Section 448.405 - Definitions for ORS 448.405 to 448.465.
Section 448.407 - Advisory committee to commission and Oregon Health Authority.
Section 448.409 - Biennial report.
Section 448.410 - Authority and duties of Environmental Quality Commission; rules; fees.
Section 448.415 - Certification required for operators.
Section 448.420 - Special certification provisions.
Section 448.425 - Deposit and use of fees.
Section 448.430 - Certification exception.
Section 448.450 - Powers and duties of Oregon Health Authority; rules; fees.
Section 448.455 - Certification required for operators.
Section 448.460 - Special certification provisions.
Section 448.465 - Deposit of fees.
Section 448.990 - Penalties for violations of pool facility or water system requirements.
Section 448.992 - Sewage treatment works violation penalties.
Section 448.994 - Potable water treatment plant violation penalty.