690-020-0600 Civil Penalty Assessment for Dam Safety (1) The Department may assess civil penalties for the following violations: (a) Constructing a Dam without prior written approval from the Department of the final Dam design, construction documents, and operation documents as described in OAR 690-020-0080(1) and 0140(1); (b) Impoundment of Water behind a Dam before final documentation has been submitted and accepted by the Department as provided in OAR 690-020-0080(4) and 0150(6); (c) Removal of a High or Significant Hazard Dam prior to providing a Removal plan, as required in OAR 690-020-0160; (d) Failure to file an Emergency Action Plan with the Department, the Office of Emergency Management, and the local emergency services agency for the county where the Dam is located, as provided in OAR 690-020-0400; and (e) Failure to complete needed Maintenance Actions on a High or Significant Hazard Dam, as identified in a prior inspection document sent from the Department to the Dam owner, as described in OAR 690-020-0310. (2) The civil penalty for Constructing a Dam prior to obtaining written approval from the Department of final Dam design, construction, and operation documents prior to Dam construction activity shall be $2,000 for a High Hazard Dam, $1,000 for a Significant Hazard Dam, and $500 for a Low Hazard Dam. (3) The civil penalty for impounding Water prior to submission and acceptance by the Department of the final plans and specifications shall be $1,000 per occurrence for a High Hazard Dam, $500 per occurrence for a Significant Hazard Dam, and $250 per occurrence for a Low Hazard Dam. (a) Each day the Dam impounds Water is considered a new occurrence and violation. A civil penalty may be assessed for each day of violation for the period the reservoir is impounding Water until satisfactory completion documents are submitted to and accepted by the Department, until the reservoir is emptied, whichever is sooner. (b) The Department may remit all or a portion of a civil penalty if completion documents existed but were not submitted, and those documents meet the criteria, or for Dams which are modified to be exempt from Dam safety requirements as per ORS 540.446(1). (4) The civil penalty for beginning construction work to remove a Dam rated as High or Significant Hazard prior to submission and acceptance of a Dam Removal plan, failure to modify the plan if required, or failure to follow the modified plan shall be $2,000 for a High Hazard Dam and $1,000 for a Significant Hazard Dam. (a) Each day construction work is performed to remove the Dam is considered a new occurrence and violation. A civil penalty may be imposed for each day of violation beginning on the day Removal activities began until the Dam is no longer storing Water and construction work to remove the Dam has ceased. (b) The Department may remit all or a portion of this civil penalty if the Department receives and accepts a Dam Removal plan and determines that Dam Removal was consistent with the plan and completed safely with no downstream damage. (5) The civil penalty for failure to file an Emergency Action Plan for a High Hazard Dam with the Department, the Office of Emergency Management, and the local emergency services agency for the county where the Dam is located shall be $2,000. (a) Each month the Emergency Action Plan is not filed is a new occurrence and violation. A civil penalty may be imposed for each month of violation beginning on the date the notice of violation was first provided to the responsible party. (b) The Department may remit all or a portion of the civil penalty if development of the plan is underway and the plan is submitted within 60 days of the due date. (6) The civil penalty for failure to complete needed Maintenance Actions identified in a prior inspection document for Dams rated as High or Significant Hazard shall be: (a) A civil penalty of $500 may be assessed for failure to perform required Maintenance Action(s) on a High Hazard Dam which could result in the Dam becoming Unsafe. Each month will be considered a new violation until the required Maintenance Action(s) is completed; (b) A civil penalty of $250 may be assessed for all other required Maintenance Action(s) for a High Hazard Dam. Each month will be considered a new violation until the required Maintenance Action(s) is completed; (c) A civil penalty of $250 may be assessed for failure to perform required Maintenance Action(s) on a Significant Hazard Dam which could result in the Dam becoming Unsafe. Each month will be considered a new violation until the required Maintenance Action(s) is completed; (d) A civil penalty of $150 may be assessed for failure to complete all other required Maintenance Action(s) for a Significant Hazard Dam. Each month will be considered a new violation until the required Maintenance Action(s) is completed; and (7) The Department may remit all or a portion of a civil penalty, considering the Dam owner's efforts to comply. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.449, 540.452, 540.467, 540.482, 540.488, 540.995 History: WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020