The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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OREGON HEALTH AUTHORITY,

PUBLIC HEALTH DIVISION

 

DIVISION 61
PUBLIC WATER SYSTEMS
SCROLL DOWN TO VIEW OARs 333-061-0043 through 333-061-0335
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333-061-0043
Consumer Confidence Reports
This rule establishes
the minimum requirements for the content of annual reports that community water
systems must deliver to their customers. These reports must contain information
on the quality of the water delivered by the systems and characterize the risks
(if any) from exposure to contaminants detected in the drinking water in an accurate
and understandable manner. For the purpose of this rule, customers are defined as
billing units or service connections to which water is delivered by a Community
Water System.
(1) Delivery
deadlines:
(a) Community
water systems must deliver their reports by July 1, annually. The report must contain
data collected during, or prior to, the previous calendar year;
(b) A new
community water system must deliver its first report by July 1 of the year after
its first full calendar year in operation and annually thereafter;
(c) A community
water system that sells water to another community water system must deliver the
applicable information to the buyer system:
(A) No later
than April 1, annually; or
(B) On a
date mutually agreed upon by the seller and the purchaser, and specifically included
in a contract between the parties.
(2) Content
of the Reports:
(a) Each
community water system must provide to its customers an annual report that contains
the information specified in sections (2), (3), (4), and (5) of this rule;
(b) Each
report must identify the source(s) of the water delivered by the community water
system by providing information on:
(A) The type
of water: e.g., surface water, ground water; and
(B) The commonly
used name (if any) and location of the body (or bodies) of water.
(c) If a
source water assessment has been completed, the report must notify consumers of
the availability of this information and the means to obtain it. In addition, systems
are encouraged to highlight in the report significant potential sources of contamination
in the drinking water protection area if they have readily available information.
Where a system has received a source water assessment from the Authority, the report
must include a brief summary of the system's susceptibility to potential sources
of contamination, using language provided by the Authority or written by the operator;
(d) Each
report must contain the following definitions:
(A) Maximum
Contaminant Level Goal or MCLG: The level of a contaminant in drinking water below
which there is no known or expected risk to health. MCLGs allow for a margin of
safety;
(B) Maximum
Contaminant Level or MCL: The highest level of a contaminant that is allowed in
drinking water. MCLs are set as close to the MCLGs as feasible using the best available
treatment technology.
(C) Variance:
A system operating under a variance as prescribed in OAR 333-061-0045 must include
the following definition in its report: Variances: State permission not to meet
an MCL or a treatment technique under certain conditions;
(D) Treatment
Technique or Action Level: A system which has a detection for a contaminant for
which EPA has set a treatment technique or an action level must include one or both
of the following definitions as applicable:
(i) Treatment
Technique: A required process intended to reduce the level of a contaminant in drinking
water;
(ii) Action
Level: The concentration of a contaminant which, if exceeded, triggers treatment
or other requirements which a water system must follow.
(E) Maximum
Residual Disinfectant Level Goal or MRDLG: The level of a drinking water disinfectant
below which there is no known or expected risk to health. MRDLGs do not reflect
the benefits of the use of disinfectants to control microbial contaminants.
(F) Maximum
Residual Disinfectant Level or MRDL: The highest level of disinfectant allowed in
drinking water. There is convincing evidence that addition of a disinfectant is
necessary for control of microbial contaminants.
(3) Detected
Contaminants:
(a) The following
information must be included in each report for contaminants subject to mandatory
monitoring (except Cryptosporidium). Detected means at or above the detection level
prescribed by each EPA approved analytical method set forth in 40 CFR 141:
(A) Contaminants
and disinfection by-products subject to an MCL, action level, MRDL, or treatment
technique (regulated contaminants); and
(B) Unregulated
contaminants for which monitoring is required.
(b) The data
relating to these contaminants must be displayed in one table or in several adjacent
tables. Any additional monitoring results which a community water system chooses
to include in its report must be displayed separately.
(c)The data
must be derived from data collected to comply with state monitoring and analytical
requirements during the calendar year except that where a system is allowed to monitor
for regulated contaminants less often than once a year, the table(s) must include
the date and results of the most recent sampling and the report must include a brief
statement indicating that the data presented in the report are from the most recent
testing done in accordance with the regulation. No data older than five years need
be included.
(d) For detected
regulated contaminants (listed in Table 45 of this rule), the table(s) in the report
must contain: [Table not included. See ED. NOTE.]
(A) The MCL
for that contaminant expressed as a number equal to or greater than 1.0 (as provided
in Table 45); [Table not included. See ED. NOTE.]
(B) The MCLG
for that contaminant expressed in the same units as the MCL;
(C) If there
is no MCL for a detected contaminant, the table must indicate that there is a treatment
technique, or specify the action level, applicable to that contaminant, and the
report must include the definitions for treatment technique and/or action level,
as appropriate, specified in paragraph (2)(d)(D) of this rule;
(D) For contaminants
subject to an MCL, except turbidity and total coliforms, the highest contaminant
level used to determine compliance with OAR 333-061 and the range of detected levels,
as follows:
(i) When
compliance with the MCL is determined annually or less frequently: the highest detected
level at any sampling point and the range of detected levels expressed in the same
units as the MCL;
(ii) When
compliance with the MCL is determined by calculating a running annual average of
all samples taken at a monitoring location: the highest average at any of the monitoring
locations and the range of all monitoring locations must be expressed in the same
unit of measure as the MCL. For the MCL for TTHM and HAA5 as specified by OAR 333-061-0030(2)(b),
water systems must include the highest locational running annual average for TTHM
and HAA5 and the range of individual sample results for all monitoring locations
expressed in the same unit of measure as the MCL. If more than one location exceeds
the MCL for TTHM or HAA5, the water system must include the locational running annual
averages for all locations that exceed the MCL;
(iii) When
compliance with the MCL is determined on a system wide basis by calculating a running
annual average of all samples at all monitoring locations: the average and range
of detections must be expressed in the same units as the MCL. The water system is
required to include individual sample results for an IDSE conducted in accordance
with OAR 333-061-0036(4)(b) of this rule when determining the range of TTHM and
HAA5 results to be reported in the annual consumer confidence report for the calendar
year that the IDSE samples were taken;
(iv) When
rounding of results to determine compliance with the MCL is allowed by the regulations,
rounding should be done prior to multiplying the results by the factor listed in
Table 45 of this rule. [Table not included. See ED. NOTE.]
(e) Turbidity:
(A) When
it is reported pursuant to OAR 333-061-0030(3)(a), 333-061-0032(2), and 333-061-0036(5)(a):
the highest monthly value. The report should include an explanation of the reasons
for measuring turbidity. This includes water systems currently without filtration
treatment, but required to install filtration through a Notice of Violation and
Remedial Order.
(B) When
it is reported pursuant to OAR 333-061-0030(3): The highest single measurement and
the lowest monthly percentage of samples meeting the turbidity limits specified
in OAR 333-061-0030(3) for the filtration technology being used. The report should
include an explanation of the reasons for measuring turbidity.
(f) Lead
and copper: the 90th percentile value of the most recent round of sampling and the
number of sampling sites exceeding the action level and the lead-specific information
as prescribed in subsection (4)(c) of this rule.
(g) Total
coliform:
(A) The highest
monthly number of positive samples for systems collecting fewer than 40 samples
per month; or
(B) The highest
monthly percentage of positive samples for systems collecting at least 40 samples
per month.
(h) Fecal
coliform: the total number of positive samples.
(i) The likely
source(s) of detected contaminants to the best of the operator's knowledge. Specific
information regarding contaminants may be available in sanitary surveys and source
water assessments, and should be used when available to the operator. If the operator
lacks specific information on the likely source, the report must include one or
more of the typical sources for that contaminant listed in Table 46 which are most
applicable to the system. [Table not included. See ED. NOTE.]
(j) If a
community water system distributes water to its customers from multiple hydraulically
independent distribution systems that are fed by different raw water sources, the
table should contain a separate column for each service area and the report should
identify each separate distribution system. Alternatively, systems could produce
separate reports tailored to include data for each service area.
(k) The table(s)
must clearly identify any data indicating violations of MCLs, MRDLs, or treatment
techniques and the report must contain a clear and readily understandable explanation
of the violation, the length of the violation, the potential adverse health effects,
and actions taken by the system to address the violation. To describe the potential
health effects, the system must use the relevant language in Table 46 of this rule.
[Table not included. See ED. NOTE.]
(l) For detected
unregulated contaminants for which monitoring is required (except Cryptosporidium),
the table(s) must contain the average and range at which the contaminant was detected.
The report may include a brief explanation of the reasons for monitoring for unregulated
contaminants.
(m) Information
on Cryptosporidium, radon, and other contaminants:
(A) If the
system has performed any monitoring for Cryptosporidium, which indicates that Cryptosporidium
may be present in the source water or the finished water, the report must include:
(i) A summary
of the results of the monitoring, and
(ii) An explanation
of the significance of the results.
(B) If the
system has performed any monitoring for radon which indicates that radon may be
present in the finished water, the report must include:
(i) The results
of the monitoring; and
(ii) An explanation
of the significance of the results.
(C) If the
system has performed additional monitoring which indicates the presence of other
contaminants in the finished water, the system is strongly encouraged to report
any results which may indicate a health concern. To determine if results may indicate
a health concern, EPA recommends that systems find out if EPA has proposed a National
Primary Drinking Water Regulation or issued a health advisory for that contaminant
by calling the Safe Drinking Water Hotline (800-426-4791). EPA considers detects
above a proposed MCL or health advisory level to indicate possible health concerns.
For such contaminants, EPA recommends that the report include:
(i) The results
of the monitoring; and
(ii) An explanation
of the significance of the results noting the existence of a health advisory or
a proposed regulation.
(n) Compliance
with OAR 333-061: In addition to subsection (3)(k) of this rule, the report must
note any violation that occurred during the year covered by the report of a requirement
listed below, and include a clear and readily understandable explanation of the
violation, any potential adverse health effects, and the steps the system has taken
to correct the violation.
(A) Monitoring
and reporting of compliance data;
(B) Filtration
and disinfection prescribed by OAR 333-061-0032: For systems which have failed to
install adequate filtration or disinfection equipment or processes which constitutes
a violation or have an equipment failure constituting a violation, the report must
include the following language as part of the explanation of potential adverse health
effects: Inadequately treated water may contain disease-causing organisms. These
organisms include bacteria, viruses, and parasites which can cause symptoms such
as nausea, cramps, diarrhea, and associated headaches;
(C) Lead
and copper control requirements: For systems which fail to take one or more actions
prescribed by OAR 333-061-0034 the report must include the applicable language in
Table 46 of this rule for lead, copper, or both; [Table not included. See ED. NOTE.]
(D) Treatment
techniques for Acrylamide and Epichlorohydrin: For systems which violate the requirements
of OAR 333-061-0030(7), the report must include the relevant health effects language
in Table 46 of this rule. [Table not included. See ED. NOTE.]
(E) Recordkeeping
of compliance data;
(F) Special
monitoring requirements prescribed by OAR 333-061-0036(2)(f) and for unregulated
contaminants as required by EPA;
(G) Violation
of the terms of a variance, administrative order or judicial order.
(o) Variances:
If a system is operating under the terms of a variance as prescribed in OAR 333-061-0045,
the report must contain:
(A) An explanation
of the reasons for the variance;
(B) The date
on which the variance was issued;
(C) A brief
status report on the steps the system is taking to install treatment, find alternative
sources of water, or otherwise comply with the terms and schedules of the variance;
and
(D) A notice
of any opportunity for public input in the review, or renewal, of the variance.
(p) Additional
information:
(A) The report
must contain a brief explanation regarding contaminants which may reasonably be
expected to be found in drinking water including bottled water. This explanation
may include the language in subparagraphs (3)(p)(A)(i), (ii) and (iii) of this rule,
or systems may use their own comparable language. The report also must include the
language of subparagraph (3)(p)(A)(iv) of this rule.
(i) The sources
of drinking water (both tap water and bottled water) include rivers, lakes, streams,
ponds, reservoirs, springs, and wells. As water travels over the surface of the
land or through the ground, it dissolves naturally-occurring minerals and, in some
cases, radioactive material, and can pick up substances resulting from the presence
of animals or from human activity;
(ii) Contaminants
that may be present in source water include:
(I) Microbial
contaminants, such as viruses and bacteria, which may come from sewage treatment
plants, septic systems, agricultural livestock operations, and wildlife;
(II) Inorganic
contaminants, such as salts and metals, which can be naturally-occurring or result
from urban stormwater runoff, industrial or domestic wastewater discharges, oil
and gas production, mining, or farming;
(III) Pesticides
and herbicides, which may come from a variety of sources such as agriculture, urban
stormwater runoff, and residential uses;
(IV) Organic
chemical contaminants, including synthetic and volatile organic chemicals, which
are by-products of industrial processes and petroleum production, and can also come
from gas stations, urban stormwater runoff, and septic systems;
(V) Radioactive
contaminants, which can be naturally-occurring or be the result of oil and gas production
and mining activities.
(iii) In
order to ensure that tap water is safe to drink, EPA prescribes regulations which
limit the amount of certain contaminants in water provided by public water systems.
FDA regulations establish limits for contaminants in bottled water which must provide
the same protection for public health;
(iv) Drinking
water, including bottled water, may reasonably be expected to contain at least small
amounts of some contaminants. The presence of contaminants does not necessarily
indicate that water poses a health risk. More information about contaminants and
potential health effects can be obtained by calling the Environmental Protection
Agency's Safe Drinking Water Hotline (800-426-4791).
(B) The report
must include the telephone number of the owner, operator, or designee of the community
water system as a source of additional information concerning the report;
(C) In communities
with a large proportion of non-English speaking residents the report must contain
information in the appropriate language(s) regarding the importance of the report
or contain a telephone number or address where such residents may contact the system
to obtain a translated copy of the report or assistance in the appropriate language;
(D) The report
must include information (e.g., time and place of regularly scheduled board meetings)
about opportunities for public participation in decisions that may affect the quality
of the water;
(E) The systems
may include such additional information as they deem necessary for public education
consistent with, and not detracting from, the purpose of the report.
(4) Required
additional health information:
(a) All reports
must prominently display the following language: Some people may be more vulnerable
to contaminants in drinking water than the general population. Immuno-compromised
persons such as persons with cancer undergoing chemotherapy, persons who have undergone
organ transplants, people with HIV/AIDS or other immune system disorders, some elderly,
and infants can be particularly at risk from infections. These people should seek
advice about drinking water from their health care providers. EPA/CDC guidelines
on appropriate means to lessen the risk of infection by Cryptosporidium and other
microbial contaminants are available from the Safe Drinking Water Hotline (800-426-4791).
(b) A system
which detects nitrate at levels above 5 mg/l, but does not exceed the MCL:
(A) Must
include a short informational statement about the impacts of nitrate on children
using language such as: Nitrate in drinking water at levels above 10 mg/l is a health
risk for infants of less than six months of age. High nitrate levels in drinking
water can cause blue baby syndrome. Nitrate levels may rise quickly for short periods
of time because of rainfall or agricultural activity. If you are caring for an infant
you should ask advice from your health care provider.
(B) May write
its own educational statement, but only in consultation with the Authority.
(c) Every
report must include the following lead-specific information:
(A) A short
informational statement about the lead in drinking water and its effects on children.
The statement must include the following information: If present, elevated levels
of lead can cause serious health problems, especially for pregnant women and young
children. Lead in drinking water is primarily from materials and components associated
with service lines and home plumbing. {NAME OF WATER UTILITY} is responsible for
providing high quality drinking water, but cannot control the variety of materials
used in plumbing components. When your water has been sitting for several hours,
you can minimize the potential for lead exposure by flushing your tap for 30 seconds
to 2 minutes before using water for drinking or cooking. If you are concerned about
lead in your water, you may wish to have your water tested. Information on lead
in drinking water, testing methods, and steps you can take to minimize exposure
is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead.
(B) The water
system may write its own educational statement, but only in consultation with the
Authority.
(5) Special
requirements for groundwater systems:
(a) Any groundwater
system that receives notification of a significant deficiency that is not corrected
at the time of the next report, or of an E. coli-positive groundwater source sample
that was not invalidated in accordance OAR 333-061-0036(6)(x) must inform its customers
in the next report. The water system must continue to inform the public annually
until the Authority determines that the particular significant deficiency is corrected
or that the fecal contamination in the groundwater source is addressed in accordance
with OAR 333-061-0032(6). Each report must include the following elements:
(A) The nature
of the particular significant deficiency or the source of the fecal contamination
(if the source is known), and the date the significant deficiency was identified
by the Authority or the dates of the E. coli-positive groundwater source samples;
(B) If the
fecal contamination in the groundwater source has been addressed as prescribed by
OAR 333-061-0032(6) and the date of such action;
(C) The Authority-approved
plan and schedule for correction, including interim measures, progress to date,
and any interim measures completed for any significant deficiency or fecal contamination
in the groundwater source that has not been addressed as prescribed by OAR 333-061-0032(6);
and
(D) The potential
health effects language specified in OAR 333-061-0097(4)(b) if the system received
notice of a E. coli-positive groundwater source sample that was not invalidated
by the Authority in accordance with OAR 333-061-0036(6)(x).
(b) The Authority
may require a water system with significant deficiencies that have been corrected
before the next report is issued to inform its customers of the significant deficiency,
how the deficiency was corrected, and the date of correction in accordance with
subsection (5)(a) of this rule.
(6) Report
delivery and recordkeeping:
(a) Except
as provided in subsection (6)(g) of this rule, each community water system must
mail or otherwise directly deliver one copy of the report to each customer.
(b) The system
must make a good faith effort to reach consumers who do not get water bills, using
means recommended by the Authority. EPA expects that an adequate good faith effort
will be tailored to the consumers who are served by the system but are not bill-paying
customers, such as renters or workers. A good faith effort to reach consumers would
include a mix of methods appropriate to the particular system such as: Posting the
reports on the Internet; mailing to postal patrons in metropolitan areas; advertising
the availability of the report in the news media; publication in a local newspaper;
posting in public places such as cafeterias or lunch rooms of public buildings;
delivery of multiple copies for distribution by singularly-billed customers such
as apartment buildings or large private employers; delivery to community organizations.
(c) No later
than the date the system is required to distribute the report to its customers,
each community water system must mail a copy of the report to the Authority, followed
within three months by a certification that the report has been distributed to customers,
and that the information is correct and consistent with the compliance monitoring
data previously submitted to the Authority.
(d) No later
than the date the system is required to distribute the report to its customers,
each community water system must deliver the report to any other agency or clearinghouse
identified by the Authority.
(e) Each
community water system must make its reports available to the public upon request.
(f) Each
community water system serving 100,000 or more persons must post its current year's
report to a publicly-accessible site on the Internet.
(g) The Governor
of a State or his designee, can waive the requirement of subsection (6)(a) of this
rule for community water systems serving fewer than 10,000 persons.
(A) Such
systems must:
(i) Publish
the reports in one or more local newspapers serving the area in which the system
is located;
(ii) Inform
the customers that the reports will not be mailed, either in the newspapers in which
the reports are published or by other means approved by the State; and
(iii) Make
the reports available to the public upon request.
(B) Systems
serving 500 or fewer persons may forego the requirements of subparagraphs (6)(g)(A)(i)
and (ii) of this rule if they provide notice at least once per year to their customers
by mail, door-to-door delivery or by posting in an appropriate location that the
report is available upon request.
(h) Any system
subject to this rule must retain copies of its consumer confidence report for no
less than five years.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.:
ORS 448.131

Stats. Implemented:
ORS 431.110, 431.150

Hist.: OHD
4-1999, f. 7-14-99, cert. ef. 7-15-99; OHD 7-2000, f. 7-11-00, cert. ef. 7-15-00;
OHD 23-2001, f. & cert. ef. 10-31-01; OHD 17-2002, f. & cert. ef. 10-25-02;
PH 12-2003, f. & cert. ef. 8-15-03; PH 33-2004, f. & cert. ef. 10-21-04;
PH 2-2006, f. & cert. ef. 1-31-06; PH 2-2008, f. & cert. ef. 2-15-08; PH
4-2009, f. & cert. ef. 5-18-09; PH 7-2010, f. & cert. ef. 4-19-10; PH 3-2013,
f. & cert. ef. 1-25-13
333-061-0045
Variances
(1) Variances from
the maximum contaminant levels may be granted by the Authority to public water systems
under the following circumstances where:
(a) An evaluation
satisfactory to the Authority indicates that alternative sources of water are not
reasonably available to the system;
(b) There
will be no unreasonable risk to health;
(c) The water
supplier has provided sufficient evidence to confirm that the best available treatment
techniques which are generally available are unable to treat the water in question
so that it meets maximum contaminant levels;
(d) The water
supplier agrees to notify the water users at least once every three months, or more
frequently if determined by the Authority, that the water system is not in compliance;
(e) A compliance
schedule is submitted which outlines how the water supplier intends to achieve compliance,
and the water supplier agrees to review this schedule once every three years to
determine whether changes have occurred in the conditions which formed the basis
for the schedule; and
(f) A plan
is submitted which outlines interim control measures including application of the
best technology treatment technique to be implemented during the period that the
variance is in effect.
(2) The Authority
shall document all findings of its determinations and if the Authority prescribes
a schedule requiring compliance with a contaminant level for which the variance
is granted later than five years from the date of issuance of the variance the Authority
shall:
(a) Document
the rationale for the extended compliance schedule;
(b) Discuss
the rationale for the extended compliance schedule in the required public notice
and opportunity for public hearing; and
(c) Provide
the shortest practicable time schedule feasible under the circumstances.
(3) Before
denying a request for a variance, the Authority shall advise the water supplier
of the reasons for the denial and shall give the supplier an opportunity to present
additional information. If the additional information is not sufficient to justify
granting the variance, the variance shall be denied.
(4) If the
Authority determines that the variance should be granted, it shall announce its
intention to either hold a public hearing in the affected area prior to granting
the variance; or serve notice of intent to grant the variance either personally,
or by registered or certified mail to all customers connected to the water system,
or by publication in a newspaper in general circulation in the area. If no hearing
is requested within 10 days of the date that notice is given, the Authority may
grant the variance.
(5) When
a variance has been granted, and a water supplier fails to meet the compliance schedule,
or fails to implement the interim control measures, or fails to undertake the monitoring
required under the conditions of the variance, the Authority may initiate enforcement
action authorized by these rules.
(6) Variances
from the maximum contaminant levels for volatile organic chemicals, organic chemicals
and inorganic chemicals shall be issued by the Authority as follows:
(a) The Authority
shall require Community water systems and Non-Transient Non-Community water systems
to install and/or use any treatment method identified in OAR 333-061-0050(4)(b)(B),
(E) and (F) as a condition for granting a variance except as provided in subsection
(6)(b) of this rule. If, after the system's installation of the treatment method,
the system cannot meet the MCL, that system shall be eligible for a variance.
(b) If a
system can demonstrate through comprehensive engineering assessments, which may
include pilot plant studies, that the treatment methods identified in OAR 333-061-0050(4)(b)(B),
(E) and (F) would only achieve an insignificant reduction in contaminants, the Authority
may issue a schedule of compliance that requires the system being granted the variance
to examine other treatment methods as a condition of obtaining the variance.
(c) If the
Authority determines that a treatment method identified in subsection (6)(b) of
this rule is technically feasible, the Authority may require the system to install
and/or use that treatment method in connection with a compliance schedule. The Authority's
determination shall be based upon studies by the system and other relevant information.
(d) The Authority
may require a public water system to use bottled water, point-of-use devices, point-of-entry
devices or other means as a condition of granting a variance to avoid an unreasonable
risk to health.
(7) The variances
from the maximum contaminant level for fluoride shall be granted by the Authority
as follows:
(a) The Authority
shall require a Community water system to install and/or use any treatment method
identified in OAR 333-061-0050(4)(b)(C) as a condition for granting a variance unless
the Authority determines that such treatment method is not available and effective
for fluoride control for the system. A treatment method shall not be considered
to be "available and effective" for an individual system if the treatment method
would not be technically appropriate and technically feasible for that system. If,
upon application by a system for a variance, the Authority determines that none
of the treatment methods identified in OAR 333-061-0050(4)(b)(C) are available and
effective for the system, that system shall be entitled to a variance. The Authority's
determination as to the availability and effectiveness of such treatment methods
shall be based upon studies by the system and other relevant information. If a system
submits information to demonstrate that a treatment method is not available and
effective for fluoride control for that system, the Authority shall make a finding
whether this information supports a decision that such treatment method is not available
and effective for that system before requiring installation and/or use of such treatment
method.
(b) The Authority
shall issue a schedule of compliance that may require the system being granted the
variance to examine the following treatment methods to determine the probability
that any of the following methods will significantly reduce the level of fluoride
for that system, and if such probability exists, to determine whether any of these
methods are technically feasible and economically reasonable, and that the fluoride
reductions obtained will be commensurate with the costs incurred with the installation
and use of such treatment methods for that system: Modification of lime softening;
Alum coagulation; Electrodialysis; Anion exchange resins; Well field management;
Alternate source; or Regionalization.
(c) If the
Authority determines that a treatment method identified in subsection (6)(b) of
this rule or any other treatment method is technically feasible, economically reasonable,
and will achieve fluoride reductions commensurate with the costs incurred with the
installation and/or use of such treatment method for the system, the Authority shall
require the system to install and/or use that treatment method in connection with
a compliance schedule. The Authority's determination shall be based upon studies
by the system and other relevant information.
(8) Public
water systems that use bottled water as a condition for receiving a variance must
meet the following requirements.
(a) The public
water system must develop and put in place a monitoring program approved by the
Authority that provides reasonable assurances that the bottled water meets all MCLs.
The public water system must monitor a representative sample of the bottled water
for all applicable contaminants under OAR 333-061-0036 the first quarter that it
supplies the bottled water to the public, and annually thereafter. Results of the
monitoring program shall be provided to the Authority annually.
(b) As an
alternative to subsection (7)(a) of this rule, the public water system must receive
a certification from the bottled water company that the bottled water supplied has
been taken from an "approved source" as defined in 21 CFR 129.3(a); the bottled
water company has conducted monitoring in accordance with 21 CFR 129.80(g)(1) through
(3); and the bottled water does not exceed any MCLs or quality limits as set out
in 21 CFR 103.35, 110, and 129. The public water system shall provide the certification
to the Authority the first quarter after it supplies bottled water and annually
thereafter.
(c) The public
water system is fully responsible for the provision of sufficient quantities of
bottled water to every person supplied by the public water system, via door-to-door
bottled water delivery.
(9) Public
water systems that use point-of-use devices as a condition for obtaining a variance
must meet the following requirements:
(a) It is
the responsibility of the public water system to operate and maintain the point-of-use
treatment system.
(b) The public
water system must develop a monitoring plan and obtain Authority approval for the
plan before point-of-use devices are installed for compliance. This monitoring plan
must provide health protection equivalent to a monitoring plan for central water
treatment.
(c) Effective
technology must be properly applied under a plan approved by the Authority and the
microbiological safety of the water must be maintained.
(d) The water
system must submit adequate certification of performance, field testing and, if
not included in the certification process, a rigorous engineering design review
to the Authority for approval prior to installation.
(e) The design
and application of the point-of-use devices must consider the tendency for increase
in heterotrophic bacteria concentrations in water treated with activated carbon.
It may be necessary to use frequent backwashing, post-contractor disinfection, and
Heterotrophic Plate Count monitoring to ensure that the microbiological safety of
the water is not compromised.
(f) All consumers
shall be protected. Every building connected to the system must have a point-of-use
device installed, maintained, and adequately monitored. The Authority must be assured
that every building is subject to treatment and monitoring, and that the rights
and responsibilities of the public water system customer convey with title upon
sale of property.
(10) Public
water systems shall not use bottled water to achieve compliance with an MCL. Bottled
water or point-of-use devices may be used on a temporary basis to avoid an unreasonable
risk to health.
(11) The
Authority may grant a variance from the requirements of OAR 333-061-0030(4) "Microbiological
Contaminants" for any system that demonstrates to the satisfaction of the Authority
that violations of the total coliform MCL are due to persistent growth of total
coliform in the distribution system rather than fecal or pathogenic contamination,
a treatment lapse or deficiency, or a problem in the operation or maintenance of
the distribution system. This demonstration, made by the system in writing and submitted
to the Authority for review, shall show that the system meets the following conditions:
(a) The system
meets treatment level requirements of OAR 333-061-0032;
(b) The system
shows no occurrence of coliforms at the entry point to the distribution system;
(c) The system
meets the turbidity MCL;
(d) The system
maintains a detectable disinfectant residual in the distribution system;
(e) The system
has no history of waterborne disease outbreaks using the current treatment and source
configuration;
(f) The system
maintains regular contact with the Authority to assess possible illness outbreaks;
(g) The system
complies with coliform monitoring requirements and shows no occurrence of E. coli
positive samples during the previous six months;
(h) The system
has addressed requirements and recommendations of the previous sanitary survey conducted
by the Authority;
(i) The system
fully complies with cross connection control program requirements contained in OAR
333-061-0070;
(j) The system
agrees to submit a biofilm control plan to the Authority within 12 months of the
granting of the first request for a variance;
(k) The system
monitors heterotrophic plate count weekly in conjunction with routine coliform sample
collection and maintains HPC counts at levels less than 500 colonies per ml at any
point where the disinfectant residual is less than 0.2 mg/l; and
(l) The system
has a microbiological contaminant sampling plan approved by the Authority.
(12) The
Authority is not permitted to issue any variances to the requirements of OAR 333-061-0030(3)
and (4), OAR 333-061-0032, or OAR 333-061-0034 except as provided by section (13)
of this rule. The Authority is also not permitted to issue any variances to the
requirements of OAR 333-061-0036 pertaining to the treatment of surface water and
groundwater under the direct influence of surface water. In addition, no permits
will be granted for OAR 333-061-0030(4), OAR 333-061-0032(3)(c) or OAR 333-061-0032(5)(b).
(13) The
Authority may grant variances from the standards specified in OAR 333-061-0032(3)(e)
through (g) requiring the use of a specified water treatment technique if the Authority
determines that the use of a specified water treatment technique is not necessary
to protect public health based on the nature of the raw water source for a public
water system. A variance granted under this section shall be conditioned on such
monitoring and other requirements as the Administrator of the U.S. Environmental
Protection Agency or the Director of the Oregon Health Authority may prescribe.
Stat. Auth.: ORS
448.131

Stats. Implemented:
ORS 448.115, 448.135

Hist.: HD
9-1981(Temp), f. & ef. 6-30-81; HD 17-1981(Temp), f. & ef. 8-28-81; HD 4-1982,
f. & ef. 2-26-82; Renumbered from 333-042-0213, HD 2-1983, f. & ef. 2-23-83;
HD 11-1985, f. & ef. 7-2-85; HD 30-1985, f. & ef. 12-4-85; HD 9-1989, f.
& cert. ef. 11-13-89; HD 26-1990, f. 12-26-90, cert. ef. 12-29-90; HD 9-1991(Temp),
f. & cert. ef. 6-24-91; HD 1-1992, f. & cert. ef. 3-5-92; HD 12-1992, f.
& cert. ef. 12-7-92; HD 3-1994, f. & cert. ef. 1-14-94; HD 1-1996, f. 1-2-96,
cert. ef. 1-5-96; OHD 17-2002, f. & cert. ef. 10-25-02; PH 12-2003, f. &
cert. ef. 8-15-03; PH 2-2008, f. & cert. ef. 2-15-08; PH 4-2009, f. & cert.
ef. 5-18-09; PH 7-2010, f. & cert. ef. 4-19-10; PH 3-2013, f. & cert. ef.
1-25-13
333-061-0046
Permits
(1) Permits may be issued by the Authority under the following
circumstances:
(a) The water system is existing and in operation on the date the
MCL or treatment technique requirement became effective; and
(b) The water supplier is unable to comply with the maximum
contaminant levels or a treatment requirement due to economic or
other compelling factors and;
(c) The water system has not been granted a variance.
(2) Permits may be issued only when the following conditions are
met:
(a) The system is unable to implement measures to develop an
alternative source of water supply; and
(b) The system cannot reasonably make management or restructuring
changes that will result in compliance or improve the quality of the
drinking water; and
(c) The system cannot meet the standard without capital
improvements which cannot be completed prior to the effective date of
the standard; and
(d) In the case of a system which needs financial assistance for
the necessary improvement, the system has entered into an agreement
to obtain such financial assistance through Federal and State funding
programs available to the water system; and
(e) If applicable, the system has entered into an enforceable
agreement to become a part of a regional public water system, and the
system is taking all practicable steps to meet the standard; and
(f) There will be no unreasonable risk to health; and
(g) The water supplier agrees to notify the water users at least
once every three months that the water system is out of compliance;
and
(h) The water supplier agrees to a compliance schedule prescribed
by the Authority which includes interim measures to eliminate the
risks to health and which sets a specific time limit for the water
supplier to install the water treatment facilities or comply with the
maximum contaminant levels. The compliance schedule shall not exceed
3 years from date of issuance. Bottled water, point-of-use devices or
point-of-entry devices may be used as interim health protection
measures as prescribed in OAR 333-061-0045(8) and (9) and
333-061-0050(4)(d), except that point-of-entry devices are not
allowed as a condition for issuing a permit for corrosion control
treatment requirements for lead and copper. Point-of-entry devices
may be used as a condition for issuing a permit for source water
treatment.
(3) The procedures for processing requests for permits shall be
the same as indicated for variances in OAR 333-061-0045(3) and
(4).
(4) After a permit has been issued, the water supplier shall be
subject to the same requirements as those indicated for variances in
OAR 333-061-0045(5).
(5) The Authority is not permitted to issue any permits for
alternate requirements other than those required by OAR
333-061-0030(3) and (4), as well as the requirements of
333-061-0032, 333-061-0034 and 333-061-0036.
(6) The Authority shall document all findings of determinations
and consider the following:
(a) Before finding that management and restructuring changes
cannot be made, the Authority shall consider the following measures,
and the availability of State Revolving Loan Fund assistance, or any
other Federal or State program, that is reasonably likely to be
available within the period of the permit to implement these
measures:
(A) Consideration of the rate increases, accounting changes, the
appointment of a State-certified operator under the State's Operator
Certification program, contractual agreements for joint operation
with one or more public water systems;
(B) Activities consistent with the State's Capacity Development
Strategy to help the public water system acquire and maintain
technical, financial and managerial capacity to come into compliance
with the Safe Drinking Water Act; and
(C) Ownership changes, physical consolidation with another public
water system, or other feasible and appropriate means of
consolidation which would result in compliance with the Safe Drinking
Water Act.
(b) The Authority must consider the availability of an
alternative source of water, including the feasibility of
partnerships with neighboring public water systems, as identified by
the public water system or by the Authority consistent with the
Capacity Development Strategy.
(7) In the case of a public water system serving a population of
not more than 3,300 persons and which needs financial assistance for
the necessary improvements under the initial compliance schedule, a
permit granted by the Authority may be renewed for one or more
additional 2-year periods, but not to exceed a total of six
additional years, only if the Authority establishes that the public
water system is taking all practicable steps to meet the requirements
and the established compliance schedule to achieve full compliance
with the contaminant level or treatment technique for which the
permit was granted. The Authority shall document its findings in
granting a permit under this rule.
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 448.115 & 448.145
Hist.: HD 9-1989, f. & cert. ef. 11-13-89;
HD 26-1990, f. 12-26-90, cert. ef. 12-29-90; HD 12-1992, f. &
cert. ef. 12-7-92; HD 3-1994, f. & cert. ef. 1-14-94; OHD
17-2002, f. & cert. ef. 10-25-02; PH 12-2003, f. & cert. ef.
8-15-03
333-061-0050
Construction Standards
(1) General:
(a) These
standards shall apply to the construction of new public water systems and to major
additions or modifications to existing public water systems and are intended to
assure that the system facilities, when constructed, will be free of public health
hazards and will be capable of producing water which consistently complies with
the maximum contaminant levels;
(b) Facilities
at public water systems must comply with the construction standards in place at
the time the facility was constructed or installed for use at a public water system.
A public water system shall not be required to undertake alterations to existing
facilities, unless the standard is listed as a significant deficiency as prescribed
in OAR 333-061-0076(4) and that creates a public health hazard, or if maximum contaminant
levels are being exceeded.
(c) Non-public
water systems that are converted to public water systems shall be modified as necessary
to conform to the requirements of this rule.
(d) Facilities
at public water systems shall be designed and constructed in a manner such that
contamination will be effectively excluded, and the structures and piping will be
capable of safely withstanding external and internal forces acting upon them;
(e) Only
materials designed for potable water service and meeting NSF Standard 61, Section
9 -Drinking Water System Components — Health Effects (Revised September, 1994)
or equivalent shall be used in those elements of the water system which are in contact
with potable water;
(f) New tanks,
pumps, equipment, pipe valves and fittings shall be used in the construction of
new public water systems, major additions or major modifications to existing water
systems. The Authority may permit the use of used items when it can be demonstrated
that they have been renovated and are suitable for use in public water systems;
(g) Prior
to construction of new facilities, the water supplier shall submit plans to the
Authority for approval as specified in OAR 333-061-0060(1)(a).
(h) Construction
may deviate from the requirements of this section provided that documentation is
submitted, to the satisfaction of the Authority, that the deviation is equal to
or superior to the requirements of this section as specified in OAR 333-061-0055
(variances from construction standards).
(i) A public
water system or other Responsible Management Authority using groundwater, or groundwater
under the direct influence of surface water, derived from springs, confined or unconfined
wells that wish to have a state certified wellhead protection program shall comply
with the requirements as specified in OAR 333-061-0057, 0060, and 0065, as well
as OAR 340-040-0140 through 0200. Additional technical information is available
in the Oregon Wellhead Protection Guidance Manual.
(j) All new
groundwater sources are subject to consideration for potential direct influence
of surface water as prescribed in OAR 333-061-0032(7).
(2) Groundwater:
(a) Wells:
(A) For the
purpose of this rule, wells are defined as holes or other excavations that are drilled,
dug or otherwise constructed for the purpose of capturing groundwater or groundwater
in hydraulic connection with surface water as a source of public drinking water.
(B) The area
within 100 feet of the well shall be owned by the water supplier, or a perpetual
restrictive easement shall be obtained by the water supplier for all land (with
the exception of public rights-of-way) within 100 feet of the well. The easement
shall be recorded with the county in which the well is located and with the recorded
deed to the property. A certified true copy shall be filed with the Authority;
(C) Not withstanding
paragraph (2)(a)(A) of this rule, wells located on land owned by a public entity,
(Federal, State, County, Municipality) which is not the water supplier, a permit
issued by the public entity to the water supplier shall suffice in lieu of an easement.
Said permit shall state that no existing or potential public health hazard shall
be permitted within a minimum of 100 feet of a well site;
(D) Public
or private roadways may be allowed within 100 feet of a confined well, provided
the well is protected against contamination from surface runoff or hazardous liquids
which may be spilled on the roadway and is protected from unauthorized access;
(E) The following
sanitary hazards are not allowed within 100 feet of a well which serves a public
water system unless waived by the Authority: any existing or proposed pit privy,
subsurface sewage disposal drain field; cesspool; solid waste disposal site; pressure
sewer line; buried fuel storage tank; animal yard, feedlot or animal waste storage;
untreated storm water or gray water disposal; chemical (including solvents, pesticides
and fertilizers) storage, usage or application; fuel transfer or storage; mineral
resource extraction, vehicle or machinery maintenance or long term storage; junk/auto/scrap
yard; cemetery; unapproved well; well that has not been properly abandoned or of
unknown or suspect construction; source of pathogenic organisms or any other similar
public health hazards. No gravity sewer line or septic tank shall be permitted within
50 feet of a well which serves a public water system. Clearances greater than indicated
above shall be provided when it is determined by the Authority that the aquifer
sensitivity and degree of hazard require a greater degree of protection. Above-ground
fuel storage tanks provided for emergency water pumping equipment may be exempted
from this requirement by the Authority provided that a secondary containment system
is in place that will accommodate 125 percent of the fuel tank storage;
(F) Except
as in paragraph (2)(a)(A) and (2)(a)(E) of this rule, in those areas served by community
gravity sanitary sewers, the area of ownership or control may be reduced to 50 feet;
(G) Wells
shall not be located at sites which are prone to flooding. In cases where the site
is subject to flooding, the area around the well shall be mounded, and the top of
the well casing shall be extended at least two feet above the anticipated 100-year
(1 percent) flood level;
(H) Except
as otherwise provided herein, wells shall be constructed in accordance with the
general standards for the construction and maintenance of water wells in Oregon
as prescribed in OAR chapter 690, divisions 200 through 220;
(I) Wells
as defined in paragraph (2)(a)(A) of this rule that are less than 12 feet in depth
must be constructed so as to be cased and sealed from the surface to a minimum of
three feet above the bottom of the well. The casing may consist of concrete or metal
culvert pipe or other pre-approved materials. The seal shall be watertight, be a
minimum of four inches in thickness and may consist of cement, bentonite or concrete
(see concrete requirements prescribed in OAR 690-210-315). The construction and
placement of these wells must comply with all requirements of this rule.
(J) Before
a well is placed into operation as the source of supply at a public water system,
laboratory reports as required by OAR 333-061-0036 shall be submitted by the water
supplier;
(K) Water
obtained from wells which exceed the maximum contaminant levels shall be treated
as outlined in section (4) of this rule;
(L) The pump
installation, piping arrangements, other appurtenances, and well house details at
wells which serve as the source of supply for a public water system, shall meet
the following requirements:
(i) The line
shaft bearings of turbine pumps shall be water-lubricated, except that bearings
lubricated with non-toxic approved food-grade lubricants may be permitted in wells
where water-lubricated bearings are not feasible due to depth to the water;
(ii) Where
turbine pumps are installed, the top of the casing shall be sealed into the pump
motor. Where submersible pumps are installed, the top of the casing shall be provided
with a watertight sanitary seal;
(iii) A casing
vent shall be provided and shall be fitted with a screened return bend;
(iv) Provisions
shall be made for determining the depth to water surface in the well under pumping
and static conditions;
(v) A sampling
tap shall be provided on the pump discharge line;
(vi) Piping
arrangements shall include provisions for pumping the total flow from the well to
waste;
(vii) A method
of determining the total output of each well shall be provided. This requirement
may be waived by the Authority at confined wells which serve as the source of supply
for Transient Non-Community water systems;
(viii) A
reinforced concrete slab shall be poured around the well casing at ground surface.
The slab shall be sloped to drain away from the casing;
(ix) The
ground surface around the well slab shall be graded so that drainage is away from
the well;
(x) The top
of the well casing shall extend at least 12 inches above the concrete slab;
(xi) Provisions
shall be made for protecting pump controls and other above-ground appurtenances
at the well head. Where a wellhouse is installed for this purpose, it shall meet
applicable building codes and shall be insulated, heated and provided with lights,
except that where the wellhouse consists of a small removable box-like structure
the requirement for lights may be waived by the Authority;
(xii) The
wellhouse shall be constructed so that the well pump can be removed.
(xiii) Wells
equipped with pitless adaptors or units are not required to meet the requirements
of subparagraphs (2)(a)(L)(iii) and (viii) of this rule.
(M) The area
in the vicinity of a well, particularly the area uphill or upstream, shall be surveyed
by the water supplier to determine the location and nature of any existing or potential
public health hazards;
(N) The requirements
with respect to land ownership, clearances from public health hazards, and protection
against flooding for wells in an unconfined aquifer shall be the same or more restrictive
than those prescribed for wells in confined aquifers, as determined by the Authority.
(O) Before
a well is placed into operation as the source of supply for a public water system,
the following documents shall be submitted by the water supplier:
(i) Reports
on pumping tests for yield and drawdown for unconfined wells;
(ii) Reports
of laboratory analyses on contaminants in the water as required by OAR 333-061-0036;
(iii) Performance
data on the pumps and other equipment;
(iv) Proposals
for disinfection as required by section (5) of this rule, if applicable.
(v) Reports
on determination of potential direct influence by surface water into groundwater
source as prescribed in section (3) of this rule.
(b) Springs:
(A) In addition
to those requirements under subsection (2)(a) of this rule, construction of spring
supplies shall meet the following requirements:
(i) An intercepting
ditch shall be provided above the spring to effectively divert surface water;
(ii) A fence
shall be installed around the spring area unless other provisions are made to effectively
prevent access by animals and unauthorized persons;
(iii) The
springbox shall be constructed of concrete or other impervious durable material
and shall be installed so that surface water is excluded;
(iv) The
springbox shall be provided with a screened overflow which discharges to daylight,
an outlet pipe provided with a shutoff valve, a bottom drain, an access manhole
with a tightly fitting cover, and a curb around the manhole.
(v) Spring
collection facilities that meet the definition of a well in paragraph (2)(a)(A)
of this rule must comply with construction requirements specified in paragraph (2)(a)(I)
of this rule.
(B) Reports
on flow tests shall be provided to establish the yield of springs.
(3) Surface
water and groundwater under direct surface water influence source facilities:
(a) In selecting
a site for an infiltration gallery, or for a direct intake from a stream, lake,
or impounding reservoir, consideration shall be given to land use in the watershed.
A sanitary survey of the watershed shall be made by the water supplier to evaluate
natural and man-made factors which may affect water quality and investigations shall
also be made of seasonal variations in water quality and quantity. A report giving
the results of this survey shall be submitted for review and approval by the Authority.
(b) A determination
shall be made as to the status of water rights, and this information shall be submitted
to the Authority for review.
(c) Impounding
reservoirs shall be designed and constructed so that they include the following
features:
(A) The capacity
shall be sufficient to meet projected demands during drought conditions;
(B) Outlet
piping shall be arranged so that water can be withdrawn from various depths;
(C) Facilities
shall be provided for releasing undesirable water.
(d) Direct
intake structures shall be designed and constructed so that they include the following
features:
(A) Screens
shall be provided to prevent fish, leaves and debris from entering the system;
(B) Provisions
shall be made for cleaning the screens, or self-cleaning screens shall be installed;
(C) Motors
and electrical controls shall be located above flood level;
(D) Provisions
shall be made to restrict swimming and boating in the vicinity of the intake;
(E) Valves
or sluice gates shall be installed at the intake to provide for the exclusion of
undesirable water when required.
(4) Water
treatment facilities (other than disinfection):
(a) General:
(A) Water
treatment facilities shall be capable of producing water which consistently does
not exceed maximum contaminant levels. The type of treatment shall depend on the
raw water quality. The Authority shall make determinations of treatment capabilities
based upon recommendations in the USEPA SWTR Guidance Manual.
(B) Investigations
shall be undertaken by the water supplier prior to the selection or installation
of treatment facilities to determine the physical, chemical and microbiological
characteristics of the raw water as appropriate. These investigations shall include
a determination of the seasonal variations in water quality, as well as a survey
to identify potential sources of contamination which may affect the quality of the
raw water.
(C) Water
obtained from wells constructed in conformance with the requirements of these rules
and which is found not to exceed the maximum contaminant levels, may be used without
treatment at public water systems;
(D) Laboratory
equipment shall be provided so that the water supplier can perform analyses necessary
to monitor and control the treatment processes.
(E) A sampling
tap shall be provided following the treatment process and before the first user
when any form of water treatment is in use at a water system.
(b) Best
Available Technology:
(A) Pilot
studies or other supporting data shall be used to demonstrate the effectiveness
of any treatment method other than that defined as best available technology. Pilot
study protocol shall be approved beforehand by the Authority. When point-of-use
(POU) or point-of-entry (POE) devices are used for compliance, programs to ensure
proper long-term operation, maintenance, and monitoring shall be provided by the
water system to ensure adequate performance.
(B) The Authority
identifies the following as the best available technology, treatment techniques,
or other means available for achieving compliance with the maximum contaminant levels
for volatile organic chemicals:
(i) Central
treatment using packed tower aeration for all these chemicals.
(ii) Central
treatment using granular activated carbon for all these chemicals except vinyl chloride.
(C) The Authority
identifies the following as the best available technology, treatment techniques
or other means generally available for achieving compliance with the Maximum Contaminant
Level for fluoride.
(i) Activated
alumina absorption, centrally applied.
(ii) Reverse
osmosis, centrally applied.
(D) The Authority
identifies the following as the best available technology, treatment techniques,
or other means available for achieving compliance with the maximum contaminant level
for total coliforms.
(i) Protection
of wells from contamination by coliforms by appropriate placement and construction;
(ii) Maintenance
of a disinfectant residual throughout the distribution system;
(iii) Proper
maintenance of the distribution system including appropriate pipe replacement and
repair procedures, main flushing programs, proper operation and maintenance of storage
tanks and reservoirs, and maintaining a minimum pressure of 20 psi at all service
connections.
(iv) Filtration
treatment and/or disinfection of surface water or groundwater under the direct influence
of surface water, or disinfection of groundwater using strong oxidants such as chlorine,
chlorine dioxide, or ozone; and
(v) For systems
using groundwater, compliance with the requirements of an Authority approved wellhead
protection program.
(E) The Authority
identifies the following as the best available technology, treatment techniques,
or other means available for achieving compliance with the maximum contaminant levels
for organic chemicals.
(i) Central
treatment using packed tower aeration for Dibromochloropropane, Ethylene Dibromide,
Hexachlorocyclopentadiene and Di(2-ethylhexyl)adipate.
(ii) Central
treatment using granular activated carbon for all these chemicals except Trihalomethanes
and Glyphosate.
(iii) Central
treatment using oxidation (chlorination or ozonation) for Glyphosate.
(F) The Authority
identifies the following as the best available technology, treatment techniques,
or other means available for achieving compliance with the maximum contaminant levels
for inorganic chemicals. Preoxidation may be required to convert Arsenic III to
Arsenic V.
(i) Central
treatment using coagulation/filtration for systems with 500 or more service connections
for Antimony, Arsenic V (for systems with populations 501-10,000), Asbestos, Beryllium,
Cadmium, Chromium, Mercury (influent concentration ≥ 10ug/L), and Selenium
(Selenium IV only).
(ii) Central
treatment using direct and diatomite filtration for Asbestos.
(iii) Central
treatment using granular activated carbon for Mercury.
(iv) Central
treatment using activated alumina for Arsenic V (for systems with populations l0,000
or less), Beryllium, Selenium and Thallium.
(v) Central
treatment using ion exchange for Arsenic V (for systems with populations 10,000
or less), Barium, Beryllium, Cadmium, Chromium, Cyanide, Nickel, Nitrate, Nitrite
and Thallium.
(vi) Central
treatment using lime softening for systems with 500 or more service connections
for Arsenic V (for systems with populations of 501-10,000), Barium, Beryllium, Cadmium,
Chromium (Chromium III only), Mercury (influent concentration ≥ 10ug/L), Nickel
and Selenium.
(vii) Central
treatment using reverse osmosis for Antimony, Arsenic V (for systems with populations
of 501-10,000), Barium, Beryllium, Cadmium, Chromium, Cyanide, Mercury (influent
concentration ≥ 10ug/L), Nickel, Nitrate, Nitrite, and Selenium.
(viii) Central
treatment using corrosion control for Asbestos and Lead and Copper.
(ix) Central
treatment using electrodialysis for Arsenic V (for systems with populations of 501-10,000),
Barium, Nitrate, and Selenium.
(x) Central
treatment using alkaline chlorination (pH≥8.5) for Cyanide.
(xi) Central
treatment using coagulation-assisted microfiltration for Arsenic V (for systems
with populations 501-10,000).
(xii) Central
treatment using oxidation/filtration for Arsenic V (to obtain high removals, iron
to Arsenic ratio must be at least 20:1).
(xiii) Point-of-use
treatment using activated alumina for Arsenic V (for systems with populations 10,000
or less).
(xiv) Point-of-use
treatment using reverse osmosis for Arsenic V (for systems with populations 10,000
or less).
(G) The Authority
identifies the following as the best technology, treatment techniques, or other
means available for achieving compliance with the maximum contaminant levels for
disinfection byproducts:
(i) For TTHM
and HAA5, when monitoring in accordance with OAR 333-061-0036(4)(c): enhanced coagulation,
enhanced softening or GAC10, with chlorine as the primary and residual disinfectant.
(ii) For
bromate concentrations: control of ozone treatment process to reduce production
of bromate.
(iii) For
chlorite concentrations: control of treatment processes to reduce disinfectant demand
and control of disinfection treatment processes to reduce disinfectant levels .
(iv) For
TTHM and HAA5, for water systems that disinfect their source water and monitor in
accordance with OAR 333-061-0036(4)(d): enhanced coagulation or enhanced softening
plus GAC10; or nanofiltration with a molecular weight cutoff less than or equal
to 1000 Daltons; or GAC20.
(v) For TTHMs
and HAA5, for purchasing water systems with populations greater than or equal to
10,000 and that monitor in accordance with OAR 333-061-0036(4)(d) improved distribution
system and storage tank management to reduce residence time, plus the use of chloramines
for disinfectant residual maintenance. This applies only to the disinfected water
that purchasing water systems receive from a wholesale system.
(vi) For
TTHMs and HAA5, for purchasing water systems with populations less than 10,000 and
that monitor in accordance with OAR 333-061-0036(4)(d): improved distribution system
and storage tank management to reduce residence time. This applies only to the
disinfected water that purchasing water systems receive from a wholesale system.
(H) The Authority
identifies the following as the best technology, treatment techniques, or other
means available for achieving compliance with the maximum residual disinfectant
levels: Control of treatment processes to reduce disinfectant demand and control
of disinfection treatment processes to reduce disinfectant levels.
(I) The Authority
identifies the following as the best available technology, treatment techniques,
or other means available for achieving compliance with the MCLs for radionuclides.
(i) Central
treatment using ion exchange for combined radium-226/228, beta particle/photon activity
and uranium.
(ii) Central
treatment using reverse osmosis for combined radium-226/228, gross alpha particle
activity, beta particle/photon activity, and uranium (for systems with populations
501-10,000).
(iii) Central
treatment using lime softening for combined radium-226/228, and uranium (for systems
with populations 501-10,000).
(iv) Central
treatment using enhanced coagulation/filtration for uranium.
(v) Central
treatment using activated alumina for uranium (for systems with populations of 10,000
or less).
(vi) Central
treatment using greensand filtration for combined radium-226/228.
(vii) Central
treatment using electrodialysis for combined radium-226/228.
(viii) Central
treatment using pre-formed hydrous manganese oxide filtration for combined radium-226/228.
(ix) Central
treatment using co-precipitation with barium for combined radium-226/228.
(x) Point-of-use
treatment using ion exchange for combined radium-226/228, beta particle/photon activity,
and uranium.
(xi) Point-of
use treatment using reverse osmosis for combined radium-226/228, gross alpha particle
activity, beta particle/ photon activity, and uranium (for systems with populations
of 10,000 or less).
(c) Filtration
of Surface Water Sources and Groundwater Sources Under the Direct Influence of Surface
Water
(A) All water
systems using surface water or groundwater sources under the direct influence of
surface water that fail to meet the criteria for avoiding filtration prescribed
in OAR 33-061-0032(2) and (3) must meet all requirements of this subsection for
installing filtration treatment.
(B) There
are four standard filtration methods: conventional filtration, direct filtration,
slow sand, and diatomaceous earth. Other filtration technologies are only acceptable
if their efficiency at removing target organisms and contaminants can be demonstrated
to be equal to or more efficient than these. The assumed log removals credited to
filtration of Giardia lamblia and viruses will be based on recommendations in the
USEPA SWTR Guidance Manual. In all cases, filtration processes must be designed
and operated to achieve at least 2.0 log removal of Giardia lamblia. For membrane
filtration, removal credits shall be verified by a challenge study according to
paragraphs (4)(c)(H) and (I) of this rule. Bag and Cartridge Filtration must have
removal credits demonstrated in a challenge study according to paragraph (4)(c)(J)
of this rule. The combination of filtration and disinfection must meet the inactivation
levels prescribed in OAR 333-061-0032(1). Any water system wishing to challenge
the assumed log removal credits must conduct demonstration studies based on the
recommendations in the USEPA SWTR Guidance Manual and have the study protocol approved
by the Authority.
(C) Pilot
studies shall be conducted by the water supplier to demonstrate the effectiveness
of any filtration method other than conventional filtration. Pilot study protocol
shall be approved in advance by the Authority. Results of the pilot study shall
be submitted to the Authority for review and approval.
(D) Regardless
of the filtration method used, the water system must achieve a minimum of 0.5-log
reduction of Giardia lamblia and a 1.0-log reduction of viruses from disinfection
alone after filtration treatment.
(E) All filtration
systems shall be designed and operated so as to meet the requirements prescribed
in OAR 333-061-0032(4) and (5). Design of the filtration system must be in keeping
with accepted standard engineering references acknowledged by the Authority such
as the Great Lakes Upper Mississippi River "Recommended Standards for Water Works"
technical reports by the International Reference Center for Community Water Supply
and Sanitation, or publications from the World Health Organization. A list of additional
references is available from the Authority upon request.
(F) Requirements
for water systems using conventional or direct filtration
(i) Systems
that employ multiple filters shall be designed such that turbidity measurements
are monitored for each filter independently of the other filter(s). Each filter
shall have a provision to discharge effluent water as waste.
(ii) All
water treatment plants shall have an auto-dial call out alarm or an automatic shut-off
for high turbidity.
(G) Additional
requirements for membrane filtration. Each membrane filter system must have a turbidimeter
installed after each filter unit for continuous indirect integrity monitoring. Once
operating, direct and indirect integrity testing must be conducted on each unit
as described in OAR 333-061-0036(5)(d). The operation and maintenance manual must
include a diagnosis and repair plan such that the ability to remove pathogens is
not compromised.
(H) Challenge
Study criteria for Membrane Filtration. Water systems receive Cryptosporidium treatment
credit for membrane filtration, as defined in OAR 333-061-0020(76)(f), that meets
the criteria of this paragraph. The level of treatment credit a water system receives
is equal to the lower of the values determined in this paragraph.
(i) The removal
efficiency demonstrated during challenge testing conducted under the conditions
in accordance with paragraph (4)(c)(I) of this rule.
(ii) The
maximum removal efficiency that can be verified through direct integrity testing
of the membrane filtration process under the conditions prescribed by OAR 333-061-0036(5)(d)(B).
(I) Challenge
Testing. The membrane filter used by the water system must undergo challenge testing
to evaluate removal efficiency, and results of the challenge testing must be reported
to the Authority. Challenge testing must be conducted according to the criteria
specified in this paragraph. Water systems may use data from challenge testing conducted
prior to June 1, 2009 if the prior testing was consistent with the criteria specified
in this paragraph.
(i) Challenge
testing must be conducted on a full-scale membrane module, identical in material
and construction to the membrane modules used in the water system's treatment facility,
or a smaller-scale membrane module, identical in material and similar in construction
to the full-scale module. A module is defined as the smallest component of a membrane
unit in which a specific membrane surface area is housed in a device with a filtrate
outlet structure.
(ii) Challenge
testing must be conducted using Cryptosporidium oocysts or a surrogate that is removed
no more efficiently than Cryptosporidium oocysts. Cryptosporidium or the surrogate
used during challenge testing is referred to as the challenge particulate. The concentration
of the challenge particulate, in both the feed and filtrate water, must be determined
using a method capable of discretely quantifying the specific challenge particulate
used in the test; gross measurements such as turbidity may not be used.
(iii) The
maximum feed water concentration that can be used during a challenge test is based
on the detection limit of the challenge particulate in the filtrate and must be
determined according to the following equation:
Maximum Feed
Concentration = 3.16 x 106 x (Filtrate Detection Limit)
(iv) Challenge
testing must be conducted according to representative hydraulic conditions at the
maximum design flux and maximum design process recovery specified by the manufacturer
for the membrane module. Flux is defined as the throughput of a pressure driven
membrane process expressed as flow per unit of membrane area. Recovery is defined
as the volumetric percent of feed water that is converted to filtrate over the course
of an operating cycle uninterrupted by events such as chemical cleaning or a solids
removal process (i.e., backwashing).
(v) Removal
efficiency of a membrane module must be calculated from the challenge test results
and expressed as a log removal value according to the following equation:
LRV = LOG10(Cf)
- LOG10(Cp)
Where:
LRV = log
removal value demonstrated during the challenge test;
Cf = the
feed concentration measured during the challenge test; and
Cp = the
filtrate concentration measured during the challenge test. Equivalent units must
be used for the feed and filtrate concentrations. If the challenge particulate is
not detected in the filtrate, the term Cp is set equal to the detection limit for
the purpose of calculating the LRV. An LRV must be calculated for each membrane
module evaluated during the challenge test.
(vi) The removal
efficiency of a membrane filtration process demonstrated during challenge testing
must be expressed as a log removal value (LRVC-Test). If fewer than 20 modules are
tested, then LRVC-Test is equal to the lowest of the representative LRVs among the
modules tested. If 20 or more modules are tested, then LRVC-Test is equal to the
10th percentile of the representative LRVs among the modules tested. The percentile
is defined by (i/(n+1))where i is the rank of n individual data points ordered lowest
to highest. If necessary, the 10th percentile may be calculated using linear interpolation.
(vii) The
challenge test must establish a quality control release value (QCRV) for a non-destructive
performance test that demonstrates the Cryptosporidium removal capability of the
membrane filtration module. This performance test must be applied to each production
membrane module used by the system that was not directly challenge tested in order
to verify Cryptosporidium removal capability. Production modules that do not meet
the established QCRV are not eligible for the treatment credit demonstrated during
the challenge test.
(viii) If
a previously tested membrane is modified in a manner that could change the removal
efficiency of the membrane or the applicability of the non-destructive performance
test and associated QCRV, additional challenge testing to demonstrate the removal
efficiency of, and determine a new QCRV for, the modified membrane must be conducted
and submitted to the Authority.
(J) Challenge
Study requirements for Bag and Cartridge Filtration.
(i) The Cryptosporidium
treatment credit awarded to bag or cartridge filters must be based on the removal
efficiency demonstrated during challenge testing that is conducted according to
the criteria specified in this paragraph. A factor of safety equal to 1-log for
individual bag or cartridge filters and 0.5-log for bag or cartridge filters in
series must be applied to challenge testing results to determine removal credit.
Water systems may use results from challenge testing conducted prior to June 1,
2009 if the prior testing was consistent with the criteria specified in this paragraph.
(ii) Challenge
testing must be performed on full-scale bag or cartridge filters and the associated
filter housing or pressure vessel, that are identical in material and construction
to the filters and housings the water system will use for removal of Cryptosporidium.
Bag or cartridge filters must be challenge tested in the same configuration that
the system will use, either as individual filters or as a series configuration of
filters.
(iii) Challenge
testing must be conducted using Cryptosporidium or a surrogate that is removed no
more efficiently than Cryptosporidium. The microorganism or surrogate used during
challenge testing is referred to as the challenge particulate. The concentration
of the challenge particulate must be determined using a method capable of discreetly
quantifying the specific microorganism or surrogate used in the test; gross measurements
such as turbidity may not be used.
(iv) The
maximum feed water concentration that can be used during a challenge test must be
based on the detection limit of the challenge particulate in the filtrate (i.e.,
filtrate detection limit) and must be calculated using the following equation:
Maximum Feed
Concentration = 1 x 104 x (Filtrate Detection Limit)
(v) Challenge
testing must be conducted at the maximum design flow rate for the filter as specified
by the manufacturer.
(vi) Each
filter evaluated must be tested for a duration sufficient to reach 100 percent of
the terminal pressure drop, which establishes the maximum pressure drop under which
the filter may be used to comply with the requirements of this paragraph.
(vii) Removal
efficiency of a filter must be determined from the results of the challenge test
and expressed in terms of log removal values using the following equation:
LRV = LOG10(Cf)-LOG10(Cp)
Where:
LRV = log
removal value demonstrated during challenge testing;
Cf = the
feed concentration measured during the challenge test; and
Cp = the
filtrate concentration measured during the challenge test. In applying this equation,
the same units must be used for the feed and filtrate concentrations. If the challenge
particulate is not detected in the filtrate, then the term Cp must be set equal
to the detection limit.
(viii) Each filter
tested must be challenged with the challenge particulate during three periods over
the filtration cycle: within two hours of start-up of a new filter; when the pressure
drop is between 45 and 55 percent of the terminal pressure drop; and at the end
of the cycle after the pressure drop has reached 100 percent of the terminal pressure
drop. An LRV must be calculated for each of these challenge periods for each filter
tested. The LRV for the filter (LRVfilter) must be assigned the value of the minimum
LRV observed during the three challenge periods for that filter.
(ix) If fewer
than 20 filters are tested, the overall removal efficiency for the filter product
line must be set equal to the lowest LRVfilter among the filters tested. If 20 or
more filters are tested, the overall removal efficiency for the filter product line
must be set equal to the 10th percentile of the set of LRVfilter values for the
various filters tested. The percentile is defined by (i/(n+1))where i is the rank
of n individual data points ordered lowest to highest. If necessary, the 10th percentile
may be calculated using linear interpolation.
(x) If a
previously tested filter is modified in a manner that could change the removal efficiency
of the filter product line, challenge testing to demonstrate the removal efficiency
of the modified filter must be conducted and submitted to the Authority.
(K) Water
systems using cartridge filtration must have pressure gauges installed before and
after each cartridge filter.
(L) Water
systems using diatomaceous earth filtration must add the body feed with the influent
flow.
(d) Criteria
and procedures for public water systems using point-of-entry (POE) or point-of-use
(POU) devices.
(A) Public
water systems may use POE or POU devices to comply with maximum contaminant levels,
where specified in subsection (4)(b) of this rule, only if they meet the requirements
of this subsection.
(B) It is
the responsibility of the public water system to operate and maintain the POE or
POU treatment system.
(C) The public
water system must develop and obtain Authority approval for a monitoring plan before
POE or POU devices are installed for compliance. Under the plan approved by the
Authority, POE or POU devices must provide health protection equivalent to central
water treatment. "Equivalent" means that the water would meet all Maximum Contaminant
Levels as prescribed in OAR 333-061-0030 and would be of acceptable quality similar
to water distributed by a well-operated central treatment plant. Monitoring must
include contaminant removal efficacy, physical measurements and observations such
as total flow treated and mechanical condition of the treatment equipment.
(D) Effective
technology must be properly applied under a plan approved by the Authority and the
microbiological safety of the water must be maintained.
(i) The water
supplier must submit adequate certification of performance, field testing, and,
if not included in the certification process, a rigorous engineering design review
of the POE or POU devices to the Authority for approval prior to installation.
(ii) The
design and application of the POE or POU devices must consider the tendency for
increase in heterotrophic bacteria concentrations in water treated with activated
carbon. It may be necessary to use frequent backwashing, post-contractor disinfection,
and Heterotrophic Plate Count monitoring to ensure that the microbiological safety
of the water is not compromised.
(iii) The
POE or POU device must be evaluated to assure that the device will not cause increased
corrosion of lead and copper bearing materials located between the device and the
tap that could increase contaminant levels of lead and copper at the tap.
(E) All consumers
shall be protected. Every building connected to the system must have a POE or POU
device installed, maintained, and adequately monitored. The Authority must be assured
that every building is subject to treatment and monitoring, and that the rights
and responsibilities of the public water system customer convey with title upon
sale of property.
(5) Facilities
for continuous disinfection and disinfectant residual maintenance:
(a) Water
obtained from surface sources or groundwater sources under the direct influence
of surface water shall, as a minimum, be provided with continuous disinfection before
such water may be used as a source of supply for a public water system. Water obtained
from wells constructed in conformance with the requirements of these rules and which
is found not to exceed microbiological maximum contaminant levels, may be used without
treatment at public water systems;
(b) Water
obtained from wells and springs shall be considered groundwater unless determined
otherwise by the Authority. Wells and springs may be utilized without continuous
disinfection if the construction requirements of section (2) of this rule are met
and analyses indicate that the water consistently meets microbiological standards.
A well or spring that is inadequately constructed, shows a history of microbiological
contamination, and where the Authority determines that reconstruction will add a
significant measure of public health protection, must be upgraded to meet current
construction standards or disconnected from the water system.
(c) In public
water systems where continuous disinfection is required as the sole form of treatment,
or as one component of more extensive treatment to meet the requirements prescribed
in OAR 333-061-0032(1), the facilities shall be designed so that:
(A) The disinfectant
applied shall be capable of effectively destroying pathogenic organisms;
(B) The disinfectant
is applied in proportion to water flow; and
(C) Disinfectants,
other than ultraviolet light and ozone disinfection treatment, shall be capable
of leaving a residual in the water which can be readily measured and which continues
to serve as an active disinfectant; and
(D) Sufficient
contact time shall be provided to achieve "CT" values capable of the inactivation
required by OAR 333-061-0032(1). For ultraviolet light disinfection treatment,
sufficient irradiance expressed in milliwatts per square centimeter (mWs/cm2) and
exposure time expressed in seconds shall be provided to achieve UV dose levels expressed
as (mWs/cm2) or millijoules per square centimeter (mJ/cm2) capable of the inactivation
required by OAR 333-061-0032(1).
(d) When
continuous disinfection, other than ultraviolet light disinfection, is required
for reasons other than the treatment of surface water sources or groundwater sources
under the direct influence of surface water, in addition to the requirements of
paragraphs (5)(c)(A) through (C) of this rule, the facilities shall be designed
so that:
(A) The primary
disinfection treatment is sufficient to ensure at least 99.99 percent (4-log) inactivation
and/or removal of viruses as determined by the Authority, or;
(B) There
is sufficient contact time provided to achieve disinfection under all flow conditions
between the point of disinfectant application and the point of first water use:
(i) When
chlorine is used as the primary disinfectant, the system shall be constructed to
achieve a free chlorine residual of 0.2 mg/l after 30 minutes contact time under
all flow conditions before first water use;
(ii) When
ammonia is added to the water with the chlorine to form a chloramine as the disinfectant,
the system shall be constructed to achieve a combined chlorine residual of at least
2.0 mg/l after three hours contact time under all flow conditions before first water
use;
(e) Provisions
shall be made to alert the water supplier before the chlorine supply is exhausted.
Water systems serving more than 3,300 people shall have an auto-dial call out alarm
or an automatic shut-off for low chlorine residual when chlorine is used as a disinfectant.
(f) For continuous
disinfection only, provisions shall be made for sampling the water before and after
chlorination;
(g) Testing
equipment shall be provided to determine the chlorine residual;
(h) Chlorinator
piping shall be designed to prevent the contamination of the potable water system
by backflow of untreated water or water having excessive concentrations of chlorine;
(i) The disinfectant
must be applied in proportion to water flow;
(j) Chlorine
gas feeders and chlorine gas storage areas shall:
(A) Be enclosed
and separated from other operating areas;
(B) Chlorine
cylinders shall be restrained in position to prevent upset by chaining 100 and 150
pound cylinders two-thirds of their height up from the floor and by double chocking
one ton cylinders;
(C) The room
housing the feeders and cylinders shall be above ground surface, shall have doors
which open outward and to the outside and shall be ventilated by mechanical means
at floor level and shall have an air intake located higher than the exhaust ventilation;
(D) Be located
so that chlorine gas, if released, will not flow into the building ventilation systems;
(E) Have
corrosion resistant lighting and ventilation switches located outside the enclosure,
adjacent to the door;
(F) Be provided
with a platform or hydraulic scale for measuring the weight of the chlorine cylinders;
(G) Be provided
with a gas mask or self contained breathing apparatus approved by the National Institute
of Occupational Safety and Health (NIOSH) for protection against chlorine gas and
kept in good working condition. Storage of such equipment shall be in an area adjoining
the chlorine room and shall be readily available. (Also see the Oregon Occupational
Health and Safety regulations contained in OAR chapter 437.)
(k) When
continuous disinfection treatment is provided through ultraviolet light (UV) disinfection,
the facilities shall be designed to meet the requirements of this subsection:
(A) The UV
unit must achieve the dosage indicated in Table 38 for the required pathogen inactivation.
[Table not included. See ED.NOTE.]
(B) Ultraviolet
lamps are insulated from direct contact with the influent water and are removable
from the lamp housing;
(C) The treatment
unit must have an upstream valve or device that prevents flows from exceeding the
manufacturer's maximum rated flow rate, an ultraviolet light sensor that monitors
light intensity through the water during operation, and a visual and audible alarm;
(D) There
must be a visual means to verify operation of all ultraviolet lamps;
(E) The lamps,
lamp sleeves, housings and other equipment must be able to withstand the working
pressures applied through the unit;
(F) The treatment
facility must be sheltered from the weather and accessible for routine maintenance
as well as routine cleaning and replacement of the lamp sleeves and cleaning of
the sensor windows/lenses;
(G) The lamps
must be changed as per the manufacturer's recommendation; and
(H) The treatment
unit must have shut-off valves at both the inlet side and the outlet side of the
treatment unit. There shall be no bypass piping around the treatment unit.
(I) Reactor
validation testing. All water systems, except those specified in paragraph (5)(k)(J)
of this rule, must use UV reactors that have undergone validation testing to determine
the operating conditions under which the reactor delivers the UV dose required in
OAR 333-061-0036(5)(c) (i.e., validated operating conditions). These operating conditions
must include flow rate, UV intensity as measured by a UV sensor, UV Transmittance,
and UV lamp status.
(i) When
determining validated operating conditions, water systems must account for the following
factors: UV absorbance by the water; lamp fouling and aging; measurement uncertainty
of on-line sensors; UV dose distributions arising from the velocity profiles through
the reactor; failure of UV lamps or other critical system components; and inlet
and outlet piping or channel configurations of the UV reactor.
(ii) Validation
testing must include the following: full scale testing of a reactor that conforms
uniformly to the UV reactors used by the water system and inactivation of a test
microorganism whose dose response characteristics have been quantified with a low
pressure mercury vapor lamp.
(iii) The
Authority may approve an alternative approach to validation testing.
(J) Non-Community
water systems using only groundwater sources, and having minimal distribution systems
as determined by the Authority, may use ultraviolet light as the only disinfectant
when total coliforms but no E. coli have been detected in the source water. UV units
must meet the specifications of a Class A UV system under the NSF Standard 55.
The minimum ultraviolet light failsafe dosage set point shall be equivalent to 40
mW-s/cm2 (40 mJ/cm2) with a wavelength between 200 and 300 nanometers. The UV
unit must automatically shut-off water flow if dosage drops below this failsafe
set point.
(6) Finished
water storage:
(a) Distribution
reservoirs and treatment plant storage facilities for finished water shall be constructed
to meet the following requirements:
(A) They
shall be constructed of concrete, steel, wood or other durable material capable
of withstanding external and internal forces which may act upon the structure;
(B) Ground-level
reservoirs shall be constructed on undisturbed soil, bedrock or other stable foundation
material capable of supporting the structure when full;
(C) Steel
reservoirs, standpipes and elevated tanks shall be constructed in conformance with
the AWWA Standards D100 and D103;
(D) Concrete
reservoirs shall be provided with sufficient reinforcing to prevent the formation
of cracks, and waterstops and dowels shall be placed at construction joints. Poured-in-place
wall castings shall be provided where pipes pass through the concrete;
(E) Wooden
reservoirs shall be redwood or other equally durable wood and shall be installed
on a reinforced concrete base. Where redwood reservoirs are used, separate inlet
and outlet pipes are required and the water entering the reservoir must be have
a disinfectant continuously applied so as to result in a detectable residual in
the water leaving the reservoir;
(F) Start-up
procedures for new redwood tanks shall consist of filling the tank with a solution
of water containing a minimum of two pounds of sodium carbonate per 1,000 gallons
of water and retaining this solution in the tank a minimum of seven days before
flushing;
(G) Where
ground-level reservoirs are located partially below ground, the bottom shall be
above the ground water table and footing drains discharging to daylight shall be
provided to carry away ground water which may accumulate around the perimeter of
the structure;
(H) The finished
water storage capacity shall be increased to accommodate fire flows when fire hydrants
are provided;
(I) Finished
water storage facilities shall have watertight roofs;
(J) An access
manhole shall be provided to permit entry to the interior for cleaning and maintenance.
When the access manhole is on the roof of the reservoir there shall be a curbing
around the opening and a lockable watertight cover that overlaps the curbing;
(K) Internal
ladders of durable material, shall be provided where the only access manhole is
located on the roof;
(L) Screened
vents shall be provided above the highest water level to permit circulation of air
above the water in finished water storage facilities;
(M) A drain
shall be provided at the lowest point in the bottom, and an overflow of sufficient
diameter to handle the maximum flow into the tank shall be provided at or near the
top of the sidewall. The outlet ends of the drain and overflow shall be fitted with
angle-flap valves or equivalent protection and shall discharge with an airgap to
a watercourse or storm drain capable of accommodating the flow;
(N) A silt
stop shall be provided at the outlet pipe;
(O) Where
a single inlet/outlet pipe is installed and the reservoir floats on the system,
provisions shall be made to insure an adequate exchange of water and to prevent
degradation of the water quality and to assure the disinfection levels required
in subparagraph (5)(c)(D)(i) of this rule;
(P) A fence
or other method of vandal deterrence shall be provided around distribution reservoirs;
(Q) When
interior surfaces of finished water storage tanks are provided with a protective
coating, the coating shall meet the requirements of NSF Standard 61, Section 9 -
Drinking Water System Components — Health Effects (Revised September 1994)
or equivalent.
(R) Reservoirs
and clearwells that are to be used for disinfection contact time to treat surface
water shall use a tracer study to determine the actual contact time. The Authority
must approve procedures and protocols for the tracer study prior to the initiation
of the study. The Authority recommends the USEPA SWTR Guidance Manual for tracer
study procedure and protocol.
(S) Reservoirs
and clearwells that are to be used for disinfection contact time to treat surface
water shall have a means to adequately determine the flow rate on the effluent line.
(b) Pressure
tanks for finished water shall meet the following requirements:
(A) Pressure
tanks shall be installed above normal ground surface;
(B) Bypass
piping around the pressure tank shall be provided to permit operation of the system
while the tank is being maintained or repaired;
(C) Pressure
tanks greater than 1,000 gallons shall be provided with an access manhole and a
water sight-glass.
(D) All pressure
tanks shall be provided with a drain, a pressure gauge, an air blow-off valve, means
for adding air and pressure switches for controlling the operation of the pump(s);
(E)Pressure
tanks shall be constructed of steel or an alternative material provided the tank
is NSF 61 certified and shall be designed for pressure at least 50 percent greater
than the maximum system pressure anticipated.
(7) Pumping
facilities:
(a) Wherever
possible, booster pumps shall take suction from tanks and reservoirs to avoid the
potential for negative pressures on the suction line which result when the pump
suction is directly connected to a distribution main;
(b) Pumps
which take suction from distribution mains for the purpose of serving areas of higher
elevation shall be provided with a low pressure cut-off switch on the suction side
set at no less than 20 psi;
(c) Suction
lift at pumping stations shall be avoided as far as possible, and pumps shall be
installed so that the suction line is under a positive head. If suction lift cannot
be avoided, provision shall be made for priming with water which does not exceed
maximum contaminant levels;
(d) Pumping
stations shall be located above maximum anticipated 100-year (1 percent) flood level,
and the area around the pumping station shall be graded so that surface drainage
is away from the station;
(e) Pumping
stations shall be of durable construction so as to protect the equipment from the
elements. The door to the pumping station shall be lockable, and facilities for
heating and lighting shall be provided. The floor of the pumping station shall be
sloped to provide adequate drainage.
(8) Distribution
systems:
(a) Wherever
possible, distribution pipelines shall be located on public property. Where pipelines
are required to pass through private property, easements shall be obtained from
the property owner and shall be recorded with the county clerk;
(b) Pipe,
pipe fittings, valves and other appurtenances utilized at Community water systems
shall be manufactured, installed and tested in conformance with the latest standards
of the American Water Works Association, NSF International or other equivalent standards
acceptable to the Authority;
(c) In Community
water systems, distribution mains located in public roadways or easements, and the
portion of the service connections from the distribution main to the customer's
property line or service meter where provided are subject to the requirements of
these rules. The piping from the customer's property line, or the meter where provided,
to the point of water use (the building supply line) is subject to the requirements
of the State Plumbing Code;
(d) In all
Public Water Systems where the system facilities and the premises being served are
both on the same parcel of property, requirements relating to pipe materials and
pipe installation shall comply with the State Plumbing Code;
(e) Distribution
piping shall be designed and installed so that the pressure measured at the property
line in the case of Community water systems, or at the furthest point of water use,
in the case of a Transient Non-Community water system of the type described in subsection
(d) of this section, shall not be reduced below 20 psi;
(f) Distribution
piping shall be carefully bedded and fully supported in material free from rocks
and shall be provided with a cover of at least 30 inches. Select backfill material
shall be tamped in layers around and over the pipe to support and protect it. Large
rocks or boulders shall not be used as backfill over the pipe;
(g) Provision
shall be made at all bends, tees, plugs, and hydrants to prevent movement of the
pipe or fitting;
(h) Wherever
possible, dead ends shall be minimized by looping. Where dead ends are installed,
or low points exist, blow-offs of adequate size shall be provided for flushing;
(i) Air-relief
valves shall be installed at high points where air can accumulate. The breather
tube on air-relief valves shall be extended above ground surface and provided with
a screened, downward facing elbow;
(j) Yarn,
oakum, lead or other material which may impair water quality shall not be used where
it will be in contact with potable water;
(k) Nonconductive
water pipe (plastic or other material) that is not encased in conductive pipe or
casing must have an electrically conductive wire or other approved conductor for
locating the pipe when the pipeline is underground. The wire shall be No. 18 AWG
(minimum) solid copper with blue colored insulation. Ends of wire shall be accessible
in water meter boxes, valve boxes or casings, or outside the foundation of buildings
where the pipeline enters the building. The distance between tracer lead access
locations shall not be more than 1,000 feet. Joints or splices in wire shall be
waterproof.
(l) Piping
that is to be used for disinfection contact time shall be verified by plug flow
calculations under maximum flow conditions.
(9) Crossings-Sanitary
sewers and water lines:
(a) All reference
to sewers in this section shall mean sanitary sewers;
(b) In situations
involving a water line parallel to a sewer main or sewer lateral, the separation
between the two shall be as indicated in Figure 1; [Figure not included. See ED
NOTE.]
(c) In situations
where a water line and a sewer main or sewer lateral cross, the separation between
the two shall be as follows:
(A) Wherever
possible, the bottom of the water line shall be 1.5 feet or more above the top of
the sewer line and one full length of the water line shall be centered at the crossing;
(B) Where
the water line crosses over the sewer line but with a clearance of less than 1.5
feet, the sewer line shall be exposed to the sewer line joints on both sides of
the crossing to permit examination of the sewer pipe. If the sewer pipe is in good
condition and there is no evidence of leakage from the sewer line, the 1.5-foot
separation may be reduced. However, in this situation, the water supplier must center
one length of the water line at the crossing and must prepare a written report of
the findings and indicating the reasons for reducing the separation. If the water
supplier determines that the conditions are not favorable or finds evidence of leakage
from the sewer line, the sewer line shall be replaced with a full length of pipe
centered at the crossing point, of PVC pressure pipe (ASTM D-2241, SDR 32.5), high-density
PE pipe (Drisco pipe 1000), ductile-iron Class 50 (AWWA C-51), or other acceptable
pipe; or the sewer shall be encased in a reinforced concrete jacket for a distance
of 10 feet on both sides of the crossing.
(C) Where
the water line crosses under the sewer line, the water supplier shall expose the
sewer line and examine it as indicated in paragraph (9)(c)(B) of this rule. If conditions
are favorable and there is no evidence of leakage from the sewer line, the sewer
line may be left in place, but special precautions must be taken to assure that
the backfill material over the water line in the vicinity of the crossing is thoroughly
tamped in order to prevent settlement which could result in the leakage of sewage.
In this situation, the water supplier must center one length of the water line at
the crossing and must prepare a written report recording the manner in which the
sewer line was supported at the crossing and the material and methods used in backfilling
and tamping to prevent settlement of the sewer. If the water supplier determines
that conditions are not favorable or finds evidence of leakage from the sewer line,
the provisions of paragraph (9)(c)(B) of this rule apply.
(d) When
a water main is installed under a stream or other watercourse, a minimum cover of
30 inches shall be provided over the pipe. Where the watercourse is more than 15
feet wide, the pipe shall be of special construction with flexible watertight joints,
valves shall be provided on both sides of the crossing so that the section can be
isolated for testing or repair, and test cocks shall be provided at the valves.
(10) Disinfection
of facilities:
(a) Following
completion of new facilities and repairs to existing facilities, those portions
of the facilities which will be in contact with the water delivered to users shall
be disinfected with chlorine before they are placed into service. Other disinfectants
may be used if it is demonstrated that they can also achieve the same result as
chlorine;
(b) Prior
to disinfection, the facilities shall be cleaned and flushed with potable water
according to AWWA Standards C651 through C654;
(c) For new
construction and installation of wells, pumps, and water mains (with any associated
service connections and other appurtenances installed at the time of construction),
disinfection by chlorination shall be accomplished according to AWWA standards C651
through C654 which includes, but is not limited to the following:
(A) The introduction
of a chlorine solution with a free chlorine residual of 25 mg/l into the system
in a manner which will result in a thorough wetting of all surfaces and the discharge
of all trapped air. The solution shall remain in place for 24 hours.
(B) After
the 24-hour period, the free chlorine residual shall be checked, and if it is found
to be 10 mg/l or more, the chlorine solution shall be drained and the facility flushed
with potable water. If the check measurement taken after the 24-hour contact period
indicates a free chlorine residual of less than 10 mg/l, the facilities shall be
flushed, rechlorinated and rechecked until a final residual of 10 mg/l or more is
achieved after a 24-hour standing time.
(C) After
the final residual is confirmed at 10 mg/l or more, and after the facility is flushed
and filled with potable water, bacteriological samples shall be taken to provide
a record for determining the procedures’ effectiveness. A minimum of two
consecutive samples must be collected at least 24 hours apart from the new facilities
for microbiological analysis. If the results of both analyses indicate that the
water is free of coliform organisms, the facility may be put into service. Likewise,
if the microbiological analysis indicates the presence of coliform organisms, the
flushing and disinfection must be repeated until a sample free of coliform organisms
is obtained.
(d) For repaired
wells, pumps, and completely depressurized water mains, disinfection by chlorination
shall be accomplished according to AWWA standards C651 through C654. Following
thorough flushing, a minimum of one sample must be collected from each direction
of flow downstream from the repaired facilities for microbiological analysis. If
the direction of flow is unknown, then samples shall be taken on each side of the
repaired facility. If the microbiological analysis indicates the presence of coliform
organisms, a follow-up sample shall be taken. If the follow-up sample indicates
a presence of coliform organisms, then the repaired components shall be flushed
and resampled until a sample free of coliform organisms is obtained.
(e) For reservoirs
and tanks, disinfection by chlorination shall be accomplished according to AWWA
Standard C652 which includes, but is not limited to, the following methods:
(A) Filling
the reservoir or tank and maintaining a free chlorine residual of not less than
10 mg/l for the appropriate 6 or 24 hour retention period; or
(B) Filling
the reservoir or tank with a 50 mg/l chlorine solution and leaving for six hours;
or
(C) Directly
applying by spraying or brushing a 200 mg/l solution to all surfaces of the storage
facility in contact with water if the facility were full to the overflow elevation.
(f) When
the procedures described in paragraphs (10)(e)(A) and (B) of this rule are followed,
the reservoir or tank shall be drained after the prescribed contact period and refilled
with potable water, and a sample taken for microbiological analysis. If the results
of the analysis indicate that the water is free of coliform organisms, the facility
may be put into service. If not, the procedure shall be repeated until a sample
free of coliform organisms is obtained;
(g) When
the procedure described in paragraph (10)(e)(C) of this rule is followed, the reservoir
or tank shall be filled with potable water and a sample taken for microbiological
analysis. It will not be necessary to flush the reservoir or tank after the chlorine
solution is applied by spraying or brushing. Microbiological analysis shall indicate
that the water is free of coliform organisms before the facility can be put into
service;
(h) When
a reservoir is chlorinated following routine maintenance, inspection, or repair,
it may be put back into service prior to receiving the report on the microbiological
analysis provided the water leaving the reservoir has a free chlorine residual of
at least 0.4 mg/l or a combined chlorine residual of at least 2.0 mg/l.
(i) Underwater
divers used for routine maintenance, inspection, or repair of reservoirs shall use
a full body dry suit with hardhat scuba and an external air supply. The diver shall
be disinfected by spraying a 200 mg/l solution of chlorine on all surfaces that
will come into contact with drinking water.
(j) A water
line may be returned to service, following repairs or routine maintenance, prior
to receiving a report on the microbiological analysis if the following procedures
have been completed.
(A) Customer
meters were shut off prior to placing the water line out of service;
(B) The area
below the water line to be repaired was excavated and dewatered;
(C) The exposed
pipe was treated with a hypochlorite solution;
(D) The water
line and any other appurtenance or item affected by the repair and/or maintenance
was disinfected by chlorination according to AWWA standards C651 through C654;
(E) The water
line was flushed thoroughly, and a concentration of residual chlorine has been re-established
that is comparable to the level normally maintained by the water system, if applicable;
and
(F) Microbiological
analysis has been conducted as a record of repair effectiveness.


[ED. NOTE:
Tables & Figures referenced are not included in rule text. Click here for PDF copy of table(s) & figure(s).]
[Publications:
Publications referenced are available from the agency.]
Stat. Auth.:
ORS 448.131

Stats. Implemented:
ORS 431.110, 431.150, 448.131, 448.150, 448.273, 448.279

Hist.: HD
106, f. & ef. 2-6-76; HD 12-1979, f. & ef. 9-11-79; HD 10-1981, f. &
ef. 6-30-81; HD 17-1981(Temp), f. & ef. 8-28-81; HD 4-1982, f. & ef. 2-26-82;
Renumbered from 333-042-0215, HD 2-1983, f. & ef. 2-23-83; HD 21-1983, f. 10-20-83,
ef. 11-1-83; HD 11-1985, f. & ef. 7-2-85; HD 30-1985, f. & ef. 12-4-85 HD
3-1987, f. & ef. 2-17-87; HD 9-1989, f. & cert. ef. 11-13-89; HD 26-1990,
f. 12-26-90, cert. ef. 12-29-90; HD 7-1992, f. & cert. ef. 6-9-92; HD 12-1992,
f. & cert. ef. 12-7-92; HD 3-1994, f. & cert. ef. 1-14-94; HD 11-1994, f.
& cert. ef. 4-11-94; HD 1-1996, f. 1-2-96, cert. ef. 1-5-96; HD 14-1997, f.
& cert. ef. 10-31-97; OHD 4-1999, f. 7-14-99, cert. ef. 7-15-99; OHD 7-2000,
f. 7-11-00, cert. ef. 7-15-00; OHD 17-2002, f. & cert. ef. 10-25-02; PH 12-2003,
f. & cert. ef. 8-15-03; PH 33-2004, f. & cert. ef. 10-21-04; PH 2-2008,
f. & cert. ef. 2-15-08; PH 4-2009, f. & cert. ef. 5-18-09; PH 7-2010, f.
& cert. ef. 4-19-10; PH 3-2013, f. & cert. ef. 1-25-13
333-061-0055
Waivers from Construction Standards
The Authority
may grant waivers from the construction standards prescribed by these rules:
(1) When
it is demonstrated to the satisfaction of the Authority that strict compliance
with the rule would be highly burdensome or impractical due to special conditions
or causes; and
(2) When
the public or private interest in the granting of the waiver is found by the Authority
to clearly outweigh the interest of the application of uniform rules; and
(3) When
alternate measures are provided which, in the opinion of the Authority, will provide
adequate protection to the health and safety of the public including the ability
to produce water which does not exceed the maximum contaminant levels listed in
OAR 333-061-0030.
Stat.
Auth.: ORS 448.131

Stats.
Implemented: ORS 448.131 & 448.135

Hist.:
HD 4-1982, f. & ef. 2-26-82; Renumbered from 333-042-0216, HD 2-1983, f. &
ef. 2-23-83; PH 7-2010, f. & cert. ef. 4-19-10
333-061-0057
Voluntary Drinking Water Protection Program
(1) In
accordance with OAR 340-040-0140 through 0200, a public water system or other responsible
management authority that wishes to have a state certified drinking water protection
program shall comply with the requirements prescribed in this rule.
(2) Delineation
of the drinking water protection area (DWPA):
(a) Delineations
will be accomplished for all Community, Non-transient Non Community and Transient
Non Community water systems as part of the Safe Drinking Water Act’s Source
Water Assessment Program. Water systems may choose to complete or upgrade the delineations
themselves. If so, they must comply with subsection (2)(b) of this rule;
(b) Delineation
requirements for all groundwater sources are as follow:
(A) Delineations
will be accomplished using a minimum TOT criterion of 10 years unless a hydrogeologic
boundary is encountered at a shorter time of travel or as specified in subsection
(2)(c) of this rule;
(B) Delineations
will be accomplished by a registered geologist, engineering geologist or other licensed
professional with demonstrated experience and competence in hydrogeology in accordance
with ORS 672.505 through 672.705;
(C) Except
as noted in subsection (2)(c) of this rule, a conceptual ground water model shall
be developed for all public water systems participating in the voluntary drinking
water protection program. The model shall be based on available information including,
but not limited to, well reports, published reports and available unpublished reports
and theses, etc. Sources of this information include the Water Resources Department,
U. S. Geological Survey, Department of Geology and Mineral Industries, Department
of Environmental Quality, university libraries and the Authority. The model shall
include, but not be limited to, the identification and characterization of hydrogeologic
units, determination of hydrogeologic boundaries, if any, areas of discharge and
recharge and distribution of hydraulic head for the aquifer(s) of concern. The model
shall also evaluate whether or not the porous media assumption is valid;
(D) The
delineated DWPA and supporting documentation shall be submitted to the Authority
for review and certification;
(E) Within
60 days of the receipt of the delineated drinking water protection area and supporting
documentation, the Authority shall send a written acknowledgment of that receipt
and an estimated date for review and certification of the delineation;
(F) The
delineation techniques stipulated in this rule represent the minimum acceptable
effort required for a state certified program. The use of a more sophisticated technique
is acceptable.
(c) Springs.
For water systems served by springs, hydrogeologic mapping shall be used to delineate
the recharge area to the spring(s).
(d) Wells.
(A) All
delineations for groundwater derived from wells shall use an adjusted pump rate
(Qa) that allows for potential growth using one of the methods described below,
whichever yields the smallest value for Qa:
(i) 125
percent of average pump rate as determined from the three months representing the
highest usage; or
(ii) 125
percent of average pump rate as determined using a comparable community; or
(iii)
The design capacity of the pump; or
(iv) 90
percent of the safe yield of the well.
(v) The
water system’s population times 200 gallons per day.
(B) For
water systems serving a population ≤500
and using a single well, the minimum acceptable delineation method is a calculated
fixed radius. Parameters considered in this technique include Qa, effective porosity,
open (screened or perforated) interval
or thickness of the water-bearing zone(s), whichever is less, and a TOT of 15 years.
(C) For water systems serving
a population of 501 to 3,300 or systems serving ≤500 with multiple wells, the DWPA(s) shall be delineated using a combination of
an analytical technique and hydrogeologic mapping.
(D) For
water systems serving a population >3,300, the conceptual model shall be refined
using site-specific collected data. Data collected shall include, but not be limited
to, measured static water levels for the purpose of generating a map of the appropriate
potentiometric-or water table surface, and at a minimum a 24-hour constant-rate
aquifer test. The well to be tested should remain idle for a period of 24 hours
prior to the test. Water levels in the well should be monitored at appropriate intervals
during the pre-pumping, pumping and recovery phases. Additional technical information
is given in the Oregon Wellhead Protection Guidance Manual and the 1996 Oregon Source
Water Assessment Guidance.
(E) For
water systems serving a population of 3,301 to 50,000, the DWPA(s) shall be delineated
as provided in subsection (2)(c) of this rule, with the exception of using the
site specific data collected in accordance with subsection (2)(c) of this rule.
(F) For
water systems serving a population >50,000 and using wells, the DWPA(s) shall
be delineated using numerical models or comparable analytical methods. The model
must be calibrated using field observations and measurements of appropriate hydrogeologic
parameters.
(e) Susceptibility
Analysis. To guide the development of management strategies, the aquifer's susceptibility
within the DWPA may be determined using the methods described in the Use and Susceptibility
Waiver Guidance Document, the 1996 Oregon Source Water Assessment Guidance or another
pre-approved process. Additional technical information is available in the Oregon
Wellhead Protection Guidance Manual.
(f) Delineation
Update. The water system's DWPA delineation shall be re-examined every five years
or during the sanitary survey for that system for potential revisions (OAR 340-040-0190).
Factors that may require revision of a DWPA boundary include, but are not limited
to the following:
(A) A
significant change in the pumping rate;
(B) A
significant change in recharge to the aquifer;
(C) Wells
outside the control of the water system placed in a manner that could significantly
modify the shape and/or orientation of the original DWPA.
(3) New
and Future Groundwater Sources:
(a) New
sources. With regard to the voluntary wellhead protection program, a new source
is defined as an additional or modified well(s) and/or spring(s) that will be used
by the water system.
(A) For
new wells or springs outside an existing DWPA or deriving water from a different
aquifer than that supplying other already delineated DWPAs, the following steps
shall be completed:
(i) If
more than one potential site is available, the water system or other responsible
management authority shall conduct a provisional delineation and a preliminary potential
contaminant source inventory for each site being considered in order to evaluate
the long-term viability of each of the sites available; and
(ii) Delineate
the chosen site as prescribed in section (2) of this rule. Further technical information
is provided in the Oregon Wellhead Protection Guidance Manual.
(B) For
new wells or springs inside an existing DWPA or potentially influencing an existing
DWPA, the following steps shall be completed:
(i) Evaluate
sites and delineate DWPA(s) as prescribed in subparagraphs (3)(a)(A)(i) and (ii)
of this rule; and
(ii) Modify
the existing wellhead protection plan to encompass modifications resulting from
the new delineation.
(C) New
wells or springs as defined in subsection (3)(a) of this rule shall comply with
all appropriate construction standards as prescribed in OAR 333-061-0050 and shall
comply with plan submission requirements as prescribed in OAR 333-061-0060.
(b) Future
sources. A public water system or other responsible management authority that has
recognized the need for future groundwater supplies beyond their current capacity
may choose to identify the area where this future supply will be obtained in accordance
with subparagraph (3)(a)(A)(i) of this rule.
(4) Contingency
Planning:
(a) Public
water systems shall develop or revise contingency plans for response to potential
loss or reduction of their drinking water source(s). Key elements of the plan shall
include, but not be limited to, the following:
(A) Inventory/prioritize
all threats to the drinking water supply;
(B) Prioritize
water usage;
(C) Anticipate
responses to potential incidents;
(D) Identify
key personnel and development of notification roster;
(E) Identify
short-term and long-term replacement potable water supplies;
(F) Identify
short-term and long-term conservation measures;
(G) Provide
for plan testing, review and update;
(H) Provide
for new and on-going training of appropriate individuals;
(I) Provide
for education of the public; and
(J) Identify
logistical and financial resources.
(b) Public
water systems shall coordinate their contingency plan with the emergency response
plans of the appropriate county and/or city and with the contingency plans developed
by industries using hazardous materials within the wellhead protection area.
Stat.
Auth.: ORS 448.131

Stats.
Implemented: ORS 431.110, 431.150, 448.131, 448.150 & 448.273

Hist.:
HD 1-1996, f. 1-2-96, cert. ef. 1-5-96; OHD 17-2002, f. & cert. ef. 10-25-02;
PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04; PH 20-2004, f. & cert.
ef. 6-18-04; PH 2-2006, f. & cert. ef. 1-31-06; PH 7-2010, f. & cert. ef.
4-19-10
333-061-0060
Plan Submission and Review Requirements
(1) Plan
Submission:
(a) Construction
and installation plans shall be submitted to and approved by the Authority before
construction begins on new systems or major additions or modifications, as determined
by the Authority, are made to existing systems. Plans shall be drawn to scale;
(b) Preliminary
plans, pilot studies, master plans and construction plans shall be prepared by a
Professional Engineer registered in Oregon, and submitted to the Authority unless
exempted by the Authority (See OAR 333-061-0060(4));
(c) Plans
shall set forth the following:
(A) Sufficient
detail, including specifications, to completely and clearly illustrate what is to
be constructed and how those facilities will meet the construction standards set
forth in these regulations. Elevation or section views shall be provided where required
for clarity;
(B) Supporting
information attesting to the quality of the proposed source of water;
(C) Vicinity
map of the proposed project relative to the existing system or established landmarks
of the area;
(D) Name
of the owner of the water system facilities during construction and the name of
the owner and operator of the facilities after completion of the project;
(E) Procedures
for cleaning and disinfecting those facilities which will be in contact with the
potable water.
(d) Prior
to drilling a well, a site plan shall be submitted which shows the site location,
topography, drainage, surface water sources, specifications for well drilling, location
of the well relative to sanitary hazards, dimensions of the area reserved to be
kept free of potential sources of contamination, evidence of ownership or control
of the reserve area and the anticipated depth of the aquifer from which the water
is to be derived. The Authority will review well reports from the area and in consultation
with the local watermaster and the well constructor as appropriate will recommend
the depth of placement of the casing seal. After the well is drilled, the following
documents shall be submitted to the Authority for review and approval: Well driller's
report, report of the pump test which indicates that the well has been pumped for
a sufficient length of time to establish the reliable yield of the well on a sustained
basis, including data on the static water level, the pumping rate(s), the changes
in drawdown over the duration of the test, the rate of recovery after the pump was
turned off, reports on physical, chemical and microbiological quality of the well
water, performance data on the well pump, a plan of the structure for protecting
above-ground controls and appurtenances, and a plan showing how the well will be
connected to the water system. (See OAR 333-061-0050(2)).
(e) Any
community, non-transient non-community, or transient non-community water system
that treats surface water or groundwater under the influence of surface water and
that desires to make a significant change to its disinfection treatment process
as defined by paragraphs (1)(e)(A) through (1)(e)(D) of this rule, is required to
develop a disinfection profile and calculate a disinfection benchmark according
to OAR 333-061-0036(4)(g). The water system must consult with and provide any additional
information requested by the Authority prior to making such a change. The water
system must develop a disinfection profile for Giardia lamblia and viruses, calculate
a disinfection benchmark, describe the proposed change in the disinfection process,
and analyze the effect(s) of the proposed change on current levels of disinfection
according to the USEPA Disinfection Profiling and Benchmarking Guidance Manual and/or
the USEPA LT1-ESWTR Disinfection Profiling and Benchmarking Technical Guidance Manual
and submit the information to the Authority for review and approval. Significant
changes to the disinfection treatment process include:
(A) Changes
to the point of application:
(B) Changes
to the disinfectants used in the treatment process;
(C) Changes
to the disinfection process;
(D) Any
other modification identified by the Authority.
(f) A
water system that uses either chloramines, chlorine dioxide, or ozone for primary
disinfection, and that is required to prepare a disinfection profile for Giardia
lamblia as prescribed by subsection (1)(e) of this rule, must also prepare a disinfection
profile for viruses and calculate the logs of inactivation for viruses using the
methods specified in OAR 333-061-0036(4)(g).
(2) Plan
review.
(a) Upon
receipt of plans, the Authority shall review the plans and either approve them
or advise that correction or clarification is required. When the correction or clarification
is received, and the item(s) in question are resolved, the Authority shall then
approve the plans;
(b) Upon
completion of a project, a professional engineer registered in Oregon shall submit
to the Authority a statement certifying that the project has been constructed in
compliance with the approved plans and specifications. When substantial deviations
from the approved plans are made, as-built plans showing compliance with these rules
shall be submitted to the Authority;
(c) Plans
shall not be required for emergency repair of existing facilities. In lieu of plans,
written notice shall be submitted to the Authority immediately after the emergency
work is completed stating the nature of the emergency, the extent of the work and
whether or not any threats to the water quality exists or existed during the emergency.
(3) Plan
review fees: Plans submitted to the Authority shall be accompanied by a fee as
indicated in Table 47. Those plans not accompanied by a fee will not be reviewed.
[Table not included. See ED. NOTE.]
(4) Plan
review exemptions:
(a) Water
suppliers may be exempted from submitting plans of main extensions, providing they:
(A) Have
provided the Authority with a current master plan; and
(B) Certify
that the work will be carried out in conformance with the construction standards
of these rules; and
(C) Submit
to the Authority an annual summary of the projects completed; and
(D) Certify
that they have staff qualified to effectively supervise the projects.
(b) Those
water suppliers certifying that they have staff qualified to effectively plan, design
and supervise their projects, may request the Authority for further exemption from
this rule. Such requests must be accompanied by a listing of staff proposed to accomplish
the work and a current master plan. To maintain the exemption, the foregoing must
be annually updated;
(c) At
the discretion of the Authority, Community, Transient and Non-Transient Non-Community
and State Regulated water systems may be exempted from submitting engineered plans.
They shall, however, submit adequate plans indicating that the project meets the
minimum construction standards of these rules.
(5) Master
plans.
(a) Community
water systems with 300 or more service connections shall maintain a current master
plan. Master plans shall be prepared by a professional engineer registered in Oregon
and submitted to the Authority for review and approval.
(b) Each master plan shall evaluate the needs
of the water system for at least a twenty year period and shall include but is not
limited to the following elements:
(A) A summary of the overall
plan that includes the water quality and service goals, identified present and future
water system deficiencies, the engineer's recommended alternative for achieving
the goals and correcting the deficiencies, and the recommended implementation schedule
and financing program for constructing improvements.
(B) A
description of the existing water system which includes the service area, source(s)
of supply, status of water rights, current status of drinking water quality and
compliance with regulatory standards, maps or schematics of the water system showing
size and location of facilities, estimates of water use, and operation and maintenance
requirements.
(C) A
description of water quality and level of service goals for the water system, considering,
as appropriate, existing and future regulatory requirements, nonregulatory water
quality needs of water users, flow and pressure requirements, and capacity needs
related to water use and fire flow needs.
(D) An
estimate of the projected growth of the water system during the master plan period
and the impacts on the service area boundaries, water supply source(s) and availability,
and customer water use.
(E) An
engineering evaluation of the ability of the existing water system facilities to
meet the water quality and level of service goals, identification of any existing
water system deficiencies, and deficiencies likely to develop within the master
plan period. The evaluation shall include the water supply source, water treatment,
storage, distribution facilities, and operation and maintenance requirements. The
evaluation shall also include a description of the water rights with a determination
of additional water availability, and the impacts of present and probable future
drinking water quality regulations.
(F) Identification
of alternative engineering solutions, environmental impacts, and associated capital
and operation and maintenance costs, to correct water system deficiencies and achieve
system expansion to meet anticipated growth, including identification of available
options for cooperative or coordinated water system improvements with other local
water suppliers.
(G) A
description of alternatives to finance water system improvements including local
financing (such as user rates and system development charges) and financing assistance
programs.
(H) A
recommended water system improvement program including the recommended engineering
alternative and associated costs, maps or schematics showing size and location of
proposed facilities, the recommended financing alternative, and a recommended schedule
for water system design and construction.
(I) If
required as a condition of a water use permit issued by the Water Resources Department,
the Master Plan shall address the requirements of OAR 690-086-0120 (Water Management
and Conservation Plans).
(c) The
implementation of any portion of a water system master plan must be consistent with
OAR 333-061 (Public Drinking Water Systems, Oregon Health Authority), OAR 660-011
(Public Facilities Planning, Department of Land Conservation and Development) and
OAR 690-086 (Water Management and Conservation Plans, Water Resources Department).
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat.
Auth.: ORS 448.131

Stats.
Implemented: ORS 431.110, 431.150, 448.131, 448.150, 448.273, 448.279

Hist.:
HD 106, f. & ef. 2-6-76; HD 4-1980, f. & ef. 3-21-80; HD 17-1981(Temp),
f. & ef. 8-28-81; HD 4-1982, f. & ef. 2-26-82; Renumbered from 333-042-0220,
HD 2-1983, f. & ef. 2-23-83; HD 13-1985, f. & ef. 8-1-85; HD 9-1989, f.
& cert. ef. 11-13-89; HD 3-1994, f. & cert. ef. 1-14-94; HD 11-1994, f.
& cert. ef. 4-11-94; HD 1-1996, f. 1-2-96, cert. ef. 1-5-96; HD 14-1997, f.
& cert. ef. 10-31-97; OHD 4-1999, f. 7-14-99, cert. ef. 7-15-99; OHD 7-2000,
f. 7-11-00, cert. ef. 7-15-00; OHD 23-2001, f. & cert. ef. 10-31-01; OHD 17-2002,
f. & cert. ef. 10-25-02; PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04;
PH 20-2004, f. & cert. ef. 6-18-04; PH 33-2004, f. & cert. ef. 10-21-04;
PH 2-2006, f. & cert. ef. 1-31-06; PH 4-2009, f. & cert. ef. 5-18-09; PH
7-2010, f. & cert. ef. 4-19-10
333-061-0061
Capacity Requirements for Public Water Systems
(1) Water
system capacity is defined as the technical, managerial, and financial capability
of the water system necessary to plan for, achieve, and maintain compliance with
applicable drinking water standards.
(2) Capacity
requirements for new public water systems.
(a) Any
new community, non-transient non-community, or transient non-community public water
system commencing operations on or after October 1, 1999, must meet the applicable
requirements in this rule prior to serving drinking water to the public. The owner
of such water system shall submit evidence of meeting all applicable requirements
to the Authority for review and shall commence operation only after Authority
approval. This rule does not apply to water systems that were built and operating
prior to October 1, 1999.
(b) Requirements
for Technical Capacity
(A) The
water system must comply with the local land use requirements of OAR 333-061-0062,
including submission to the Authority of evidence of approval by the local land
use authority.
(B) The
water system must comply with plan submission and review requirements of OAR 333-061-0060,
and plans submitted must comply with construction standards in OAR 333-061-0050.
(C) The
owner of a new water system must demonstrate a valid water right permit as required
and prescribed by the Oregon Water Resources Department (ORS chapter 537).
(D) The
water system must submit initial water quality test results demonstrating compliance
with applicable Maximum Contaminant Levels (OAR 333-061-0030), and applicable treatment
requirements and performance standards (OAR 333-061-0032 and 0034).
(E) Community
water systems shall have water use meters installed at all service connections.
(F) Community
water systems with 300 or more service connections shall have a master plan meeting
the requirements of OAR 333-061-0060.
(c) Requirements
for Managerial Capacity
(A) Community
and non-transient non-community water systems must employ or contract for the services
of a certified operator as required by OAR 333-061-0225.
(B) Community
water systems within areas of Oregon where State or Federally listed sensitive,
threatened or endangered fish species are located, shall consult with the Oregon
Water Resources Authority. If required by the Oregon Water Resources Department,
community water systems shall have water management and conservation plans meeting
the requirements of Oregon Water Resources Department OAR 690-086-0010 through 0920.
(d) Requirements
for Financial Capacity. The water system must establish a water rate structure and
billing procedure, or alternate financial plan, to assure that funds are collected
and available to meet the anticipated operation, maintenance, and replacement costs
of the water system.
(3) Capacity
requirements for public water systems applying for a loan from the Drinking Water
State Revolving Loan Fund.
(a) All
public water systems qualifying for a Drinking Water State Revolving Fund loan must
receive a capacity assessment for technical and managerial capacity from the Authority,
and financial capacity from the Oregon Economic & Community Development Department
through the loan application process, prior to contract execution.
(b) All
deficiencies identified in the capacity assessment must be corrected such that:
(A) Those
deficiencies identified in the capacity assessment as major deficiencies must be
corrected prior to contract execution. Major deficiencies include but are not limited
to the following:
(i) Under
technical capacity, major infrastructure deficiencies identified in the sanitary
survey and not corrected as a part of this project
or identified as a deficiency under paragraph (E) of this subsection; or
(ii) Under managerial capacity,
no certified operator and no contract or agreement for operator services from another
water system or management agency; or
(iii)
Under financial capacity, inappropriate financial statements, lack of a capital
financing program, or an inadequate rate structure to cover necessary system operation,
debt service, or capital replacement.
(B) Those
deficiencies identified in the capacity assessment as loan conditions must be corrected
as a part of the contract prior to contract completion or on a schedule set and/or
approved and tracked by the Authority or its designee. Loan condition deficiencies
are deficiencies which may take considerable staff or contractor time and possibly
some funding to correct. Loan condition deficiencies include but are not limited
to the following:
(i) Under
technical capacity, inadequate or no water rights, incomplete installation of water
use meters, incomplete or no engineering drawings of the water system, out-of-date
or no master plan, or incomplete or no plan review on prior construction projects;
or
(ii) Under
managerial capacity, having an operator at a lower level than required in responsible
charge of the water system, no written emergency response plan, no written water
conservation program if required by the Water Resources Department under OAR 690-086-0010
through 690-086-0920, no written water system operations manual, or no cross connection
program.
(C) Those
deficiencies identified in the capacity assessment as short term deficiencies must
be corrected prior to contract completion and will be tracked by the Authority.
Short term deficiencies are deficiencies which can be quickly corrected with additional
staff attention. Short term deficiencies include but are not limited to the following:
(i) Under
technical capacity, water quality monitoring is incomplete, no coliform sample plan
or site map, or no written water quality monitoring plan; or
(ii) Under
managerial capacity, no annual cross connection summary report if required, or no
consumer confidence report if required.
(D) Those
deficiencies identified in the capacity assessment as corrected with the project
will be considered by the Authority as corrected with contract completion.
(E) All
other deficiencies identified in the capacity assessment must be identified and
established as a future construction project in the water system master plan, feasibility
study, or other such document in order to be considered by the Authority as corrected
in the future.
(c) Funding
to correct a deficiency identified as a loan condition under paragraph (b)(B) of
this section may be included as part of the project contract under the Drinking
Water State Revolving Fund, if that part of the project to correct the deficiency
qualifies under the terms of the Drinking Water State Revolving Fund.
(4) Capacity
requirements for other public water systems.
(a) All
community, non-transient non-community, and transient non-community public water
systems will receive capacity assessments conducted by or with the assistance of
the Authority.
(A) The
capacity assessment consists of a written report identifying deficiencies in technical,
managerial, and financial capacity, and a letter listing recommendations to correct
the deficiencies. The findings of the capacity assessment and recommendations for
correction will be presented to the management of the water system at a regular
or special meeting.
(B) The
frequency of capacity assessments for a public water system, as described in this
subsection, is dependent on the risk to human health as determined by the Authority.
(C) The
recommendations for correction of deficiencies identified in capacity assessments
are, or, become requirements for any public water system, as described in this subsection,
with multiple violations of the drinking water standards, in significant non-compliance
with the drinking water standards, or an Administrative Order issued by the Authority.
Stat.
Auth.: ORS 448.131

Stats.
Implemented: ORS 431.110, 431.150, 448.131, 448.150, 448.268, 448.273

Hist.:
OHD 4-1999, f. 7-14-99, cert. ef. 7-15-99; OHD 17-2002, f. & cert. ef. 10-25-02;
PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04; PH 20-2004, f. & cert.
ef. 6-18-04; PH 2-2008, f. & cert. ef. 2-15-08; PH 7-2010, f. & cert. ef.
4-19-10
333-061-0062
Land Use Coordination
(1) The
purpose of this rule is to assure that Oregon Health Authority's actions taken
pursuant to ORS 448.131 and OAR chapter 333, division 61, comply with state land
use coordination requirements in ORS 197.180 and OAR chapter 660, divisions 30 and
31. This rule also implements applicable portions of the Authority's state agency
coordination program concerning the review and approval of plans and projects pursuant
to ORS 448.131.
(2) The
requirements of OAR 333-061, shall apply to Authority approval of plans or projects
submitted under ORS 448.131 for:
(a) New
public water systems;
(b) Major
additions, alterations, and extensions of water transmission mains;
(c) Development
of new water sources; and
(d) Relocation
of water treatment or storage facilities.
(3) In
order to approve a plan or project listed under subsections (2)(a) through (d) of
this rule, the Authority shall find that it complies with the Statewide Planning
Goals and is compatible with applicable acknowledged city and county comprehensive
plan and land use regulations. To make its goal compliance and plan compatibility
findings, the Authority shall comply with sections (1) through (9) of this rule
and shall also adhere to the procedures in the Authority's state agency coordination
program which is hereby adopted by reference.
(4) Except
where the Authority is required to directly address the Statewide Planning Goals,
the Authority shall make its goal compliance findings for each plan or project
listed in subsections (2)(a) through (d) of this rule based on the land use compatibility
information provided to the Authority by the project applicant.
(5) An
applicant seeking approval of a plan or project listed in subsections (2)(a) through
(d) of this rule shall provide the Authority with information documenting the plan
or project's compatibility with the applicable acknowledged comprehensive plans
and land use regulations. Such documentation shall be submitted in a manner as established
by the Authority and shall include one of the following:
(a) A
copy of the local land use permit (e.g., conditional use permit, subdivision approval,
zoning clearance, etc.) demonstrating that the plan or project has received land
use approval from the jurisdiction; or
(b) Written
information from an authorized representative of the affected city or county affirming
that the proposed plan or project is compatible with the acknowledged comprehensive
plan(s) for the area, but does not require specific land use approval by the jurisdiction;
or
(c) Other
written information acceptable to the Authority equivalent to subsection (5)(a)
or (b) of this rule demonstrating the plan or project's land use compatibility.
(6) The
Authority shall adopt findings directly against the Statewide Planning Goals if
a situation ever arises where the Authority must approve a plan or project, but
is unable to rely upon or is not provided with the appropriate land use compatibility
information by the applicant. In this instance, the Authority shall comply with
OAR 660-030-0065 and the corresponding procedures in the Authority's state agency
coordination program to adopt the necessary findings demonstrating the plan or project's
compliance with the Statewide Goals.
(7) Where
more than one unit of local government has land use approval authority over the
plan or site of the proposed project,
written information from the applicant must be submitted to the Authority as provided
in section (5) of this rule documenting the plan or project's compatibility with
each of the affected jurisdiction's comprehensive plans.
(8) Information documenting
land use compatibility in accordance with section (5) of this rule may be submitted
to the Authority for public water system master plans or portions thereof. In this
section, no subsequent land use compatibility determination will be required for
an individual project where the applicant demonstrated that the project is contemplated
by and consistent with the previously approved master plan.
(9) The
meaning of land use terms used in this rule shall be as defined in OAR 660-030-0005.
Stat.
Auth.: ORS 197.180 & 448.131

Stats.
Implemented: ORS 197.180 & 448.131

Hist.:
HD 11-1982(Temp), f. & ef. 6-1-82; HD 23-1982, f. & ef. 11-15-82; HD 2-1983,
f. & ef. 2-23-83; HD 21-1984, f. & ef. 10-23-84; HD 1-1985(Temp), f. &
ef. 1-28-85; HD 19-1990, f. 6-28-90, cert. ef. 7-2-90; PH 7-2010, f. & cert.
ef. 4-19-10
333-061-0063
Environmental Review Process for The Safe Drinking Water
Revolving Loan Fund Program
(1) Overview:
(a) These
rules provide for environmental review of actions that are funded through the Safe
Drinking Water Revolving Loan Fund (SDWRLF). These rules are to be applied in a
manner that is consistent with 40 CFR Part 6, Subpart E and related subparts (July
1, 1997). An applicant for funding from the SDWRLF shall consult with the Authority
at an early stage in the preparation of an application to determine the required
level of environmental review. Based on review of existing information, the Authority
shall assess the potential environmental effects of the proposed action and shall
instruct the applicant either to:
(A) Submit
a request for a categorical exclusion in a format specified by the Authority;
(B) Prepare
and submit an environmental information document (EID) in a format specified by
the Authority; or
(C) Prepare
and submit an environmental impact report (EIR) in a format specified by the Authority.
(2) Categorical
exclusions:
(a) Categorical
exclusions are categories of actions proposed for funding from the SDWRLF, which
do not individually, cumulatively over time, or in conjunction with other actions,
have a significant effect on the quality of the human environment, and have been
identified by the Authority as having no such effect. Such actions may be excluded
by the Authority from further environmental review requirements if the information
provided by the water supplier and any additional information before the Authority
does not identify any environmental effects of the action that warrant additional
environmental review by the Authority. The following actions may be categorically
excluded by the Authority:
(A) Actions
solely directed toward minor rehabilitation of existing facilities, functional replacement
of equipment, or toward the construction of new ancillary facilities adjacent or
appurtenant to existing facilities;
(B) Actions
in sewered communities with a population of 10,000, or less, which are for minor
upgrading or minor expansion of existing drinking water systems. This category
does not include actions that directly or indirectly involve new drinking water
sources, or the extension of new water distribution systems;
(C) Actions
in unsewered communities with a population of 10,000 or less, that do not include
the development of new drinking water sources, and that will not result in any increase
in or change to the rate, nature or location of water diversion or discharge to
surface water.
(b) In
addition to the criteria set forth in subsection (a) of this rule, categorical exclusions
will not be granted if the proposed action meets the criteria for not granting such
exclusions in 40 CFR 6.107(e) and/or 6.505(c) (July 1, 1997). In addition, in order
to qualify for a categorical exclusion, the action must be compatible with applicable
acknowledged comprehensive plans and land use regulations, which must be documented
according to the requirements of OAR 333-061-0062(5) and (7).
(c) A
categorical exclusion may be revoked by the Authority and an environmental review
required if the proposed action no longer meets the requirements for a categorical
exclusion due to changes in the proposed action, or if the Authority determines
from new information that significant environmental effects may result from the
proposed action.
(d) If
a categorical exclusion is granted, and a notice of the exclusion has been published
in a newspaper of general circulation in the geographical area of the proposed action,
the action can proceed.
(3) Environmental
review process:
(a) When
issuance of a categorical exclusion is not appropriate, the applicant shall prepare
an EID or an EIR, as required by the Authority. The EID or EIR shall consider practicable
alternatives to the proposed action (including a no-action alternative), as well
as the proposed action.
(b) The
EIR or EID shall contain an evaluation of applicable laws relating to significant
environmental resources that may be affected by the proposed action and alternatives
to the proposed action. The applicant shall consult with appropriate federal, state
and local agencies regarding such laws.
(c) The
EIR or EID shall consider a full range of relevant impacts (both direct and indirect,
and current and future impacts) of the proposed action and alternatives to the proposed
action, including measures to mitigate adverse impacts, cumulative impacts, and
impacts that cause irreversible or irretrievable commitment of resources.
(d) If
the Authority requires an EID, the applicant shall prepare and the Authority shall
review a draft EID. Following its review, the Authority shall either request additional
information regarding potential impacts of the proposed action, or shall accept
the EID as final. Once the Authority accepts the EID, the Authority shall prepare
an environment assessment (EA) of the proposed action based on the EID and any other
supplemental information deemed necessary by the Authority. Based on the EA and
any measures to mitigate or eliminate adverse effects of the proposed action on
the environment (which measures shall be included as a condition of any loan award
as set forth in section (4) of this rule), the Authority will either prepare and
issue a Finding of No Significant Impact (FNSI) or require the preparation of an
EIR under subsection (3)(e) of this rule. In determining whether to issue a FNSI,
the Authority shall apply the criteria set forth in 40 CFR 6.509, 6.108(a) and
6.108 (c through g) (July 1, 1997). If the Authority determines to issue a FNSI,
notice of the FNSI shall be published in a newspaper of general circulation in the
geographical area of the proposed action. Following a period of at least thirty
(30) days after publication of the notice, and after any public concerns about the
impacts of the proposed action are resolved to the extent determined to be appropriate
by the Authority, the Authority may issue a final FNSI, and the action can proceed.
(e) If
the Authority requires an EIR:
(A) The
applicant shall conduct a duly noticed public meeting regarding the proposed action,
which may be combined with other public hearings or meetings regarding the proposed
action;
(B) The
applicant shall prepare and submit a draft EIR to all interested agencies and persons,
for review and comment;
(C) The
applicant shall prepare and submit a final EIR that responds to agency and public
comments for Authority review and decision;
(D) The
Authority, following its review of the EIR, shall determine whether the action
may proceed. In the event the Authority determines the action may proceed following
completion of an EIR, it shall specify in writing what mitigation measures, if any,
are to be required.
(4) In
the event the Authority determines the action may proceed following preparation
of an EID or an EIR, the Authority shall ensure that mitigation measures identified
in its review as required for the issuance of a FNSI or otherwise, are implemented. This may be done by incorporating
such measures as conditions of any loan agreement, or otherwise as the Authority
determines will best ensure their completion in a timely manner.
(5) Under appropriate circumstances,
the Authority may allow the partitioning of environmental review such that the
environmental review will be required for only a component/portion of a planned
system instead of completing an environmental review for the remainder of the system(s).
In determining whether to approve partitioning of environmental review, the Authority
shall consider 40 CFR Section 6.507 (July 1, 1997).
(6) Waiver;
validity:
(a) If
environmental review for the proposed action has already been conducted by another
government agency, the Authority may, in its discretion, waive the requirements
of this rule.
(b) Environmental
reviews may be valid for up to five years. If a loan application is received for
an action with an environmental review that is more than five years old, the Authority
shall require a new or supplemental environmental review in accordance with these
rules.
[Publications:
Publications referenced are available from the agency.]
Stat.
Auth.: ORS 448.131

Stats.
Implemented: ORS 448.273(4)

Hist.:
OHD 9-1998, f. & cert. ef. 9-23-98; PH 7-2010, f. & cert. ef. 4-19-10
333-061-0064
Emergency
Response Plan Requirements
All public
water systems shall maintain a current emergency response plan.
(1) The
emergency response plan shall be completed according to the following schedule and
shall be reviewed and updated at least every five years.
(a) Completed
by September 30, 2003 for public water systems serving 100,000 population or more.
(b) Completed
by June 30, 2004 for public water systems serving a population of 50,000 or more
but less than 100,000.
(c) Completed
by December 31, 2004 for public water systems serving a population greater than
3,300 but less than 50,000.
(d) Completed
by June 30, 2005 for public water systems serving a population of 3,300 or less.
(e) If
a public water system applying for funds from the Safe Drinking Water Revolving
Loan Fund Program is required to develop an emergency response plan as a part of
a capacity assessment, then the emergency response plan is required to be completed
before final payout of the loan.
(2) All
public water systems shall complete a security vulnerability assessment and develop
a prioritized plan for risk reduction.
(3) As
evidence of completion, all public water systems shall submit a statement to the
Authority certifying that the Emergency Response Plan and vulnerability assessment
have been completed according to the requirements of this rule and that staff have
been instructed in the use of the emergency response plan. The emergency response
plan/vulnerability assessment shall be made available for review by the Authority
and/or the County Health Department. All Community water systems > 3,300 population
are required to submit a copy of their Vulnerability Assessment and certification
of completion for their Emergency Response Plan and Vulnerability Assessment to
EPA as required in the federal Bioterrorism Preparedness and Response Act of 2002.
(4) Community
water systems shall coordinate with the lead County Emergency Coordinator when preparing
or revising an emergency response plan.
(5) The
emergency response plan shall include but is not limited to the following elements:
(a) Communications
and authority.
(A) Develop
an emergency contacts list, and review and update this list at least annually.
(B) Decision-making
authorities and responsibilities of water system personnel shall be determined and
detailed in the emergency response plan.
(C) Procedure
for notification of agencies, the water users, and the local media. 
(b) Water
system security. Public water systems shall develop a security program. The security
program shall include, but is not limited to, the following components: security
management, physical activity, physical security, chemical storage and use, personnel,
computer system, and program evaluation as defined in the State Model Emergency
Response Plan.
(c) Water
system hazard review.
(A) Public
water systems shall conduct an inspection of the water system annually to identify
the hazards that could affect the water system.
(B) Public
water systems shall correct construction deficiencies to eliminate hazards or potential
hazards, correct major sanitary survey deficiencies as determined by the Authority,
and perform regular maintenance.
(d) Emergency
equipment and water supplies.
(A) Public
water systems shall make provisions for an auxiliary power supply if not a gravity
system, and redundant equipment for critical components. Community water systems
shall identify equipment that can be utilized in the event of an intentional attack
which can render harmless or significantly lessen the impact of the attack on the
public health and safety and supply of public drinking water.
(B) Public
water systems shall develop a plan for emergency water to include the rationing
of drinking water, identifying and utilizing alternative drinking water sources
and supplies, and alternative distribution of drinking water.
(e) Emergency
response procedures
(A) Public
water systems shall develop procedures for responding to emergencies most likely
to strike the water system. Community water systems shall develop plans and procedures
that can be implemented in the event of a terrorist or other intentional attack
on the water system.
(B) The
emergency response plan shall describe procedures to isolate all parts of the water
system. Community water systems shall develop actions and procedures which can render
harmless or significantly lessen the impact of terrorist attacks or other intentional
actions on public health and safety and supply of public drinking water.
(C) The
emergency response plan shall describe the emergency disinfection procedure, process
for issuing a boil water advisory, and process for handling a waterborne disease
outbreak.
(6) Water
system staff shall be instructed and trained in the use of the emergency response
plan.
Stat.
Auth.: ORS 448.131

Stats.
Implemented: ORS 448.131, 448.160

Hist.:
OHD 17-2002, f. & cert. ef. 10-25-02; PH 12-2003, f. & cert. ef. 8-15-03;
PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04; PH 20-2004, f. & cert.
ef. 6-18-04; PH 33-2004, f. & cert. ef. 10-21-04; PH 4-2009, f. & cert.
ef. 5-18-09; PH 7-2010, f. & cert. ef. 4-19-10
333-061-0065
Operation and Maintenance
(1) Public water systems shall be operated
and maintained in a manner that assures continuous production and delivery of potable
water by:
(a) Operating all phases
and components of the system effectively in the manner for which they were designed;
(b) Assuring that all leaks
are promptly repaired and, broken or malfunctioning equipment is promptly repaired
or replaced;
(c) Making readily available
and in good condition the proper equipment, tools and parts to make repairs to the
system. When possible, notice shall be given to the water users of impending repairs
that will affect the quality of the water or the continuity of the water service.
All repairs must meet the construction standards of these rules and comply with
disinfection requirements of OAR 333-061-0050 prior to reestablishing use of the
repaired portion of the system;
(d) Implementing actions
to assure safe drinking water during emergencies. Water suppliers seeking a state
certified wellhead protection program for their water system shall comply with the
contingency planning requirements as prescribed in OAR 333-061-0057(4).
(2) Personnel:
(a) Personnel responsible
for maintenance and operation of public water systems shall be competent, knowledgeable
of all the functions of that particular facility and shall have the training and
experience necessary to assure continuous delivery of water which does not exceed
the maximum contaminant levels;
(b) Certification as prescribed
by OAR 333-061-0210 through 333-061-0272 is required for personnel in direct responsible
charge of operations for all community and non-transient non-community water systems.
(c) Personnel responsible
for operating water treatment plants at transient non-community water systems using
water sources classified as surface water or groundwater under the direct influence
of surface water must attend the Authority's "Essentials of Surface Water Treatment"
training course or an equivalent training.
(3) The identity of ownership
of a water system shall be filed with the Authority. Notification of changes in
ownership shall be filed immediately with the Authority upon completion of the transaction.
(4) All public water systems
must maintain a current water system operations manual.
(a) The water system operations
manual shall be completed according to the requirements of the capacity assessment
or sanitary survey and shall be reviewed and updated at least every five years.
If a public water system applying for funds from the Safe Drinking Water Revolving
Loan Fund Program is required to develop a water system operations manual as a part
of a capacity assessment, then the water system operations manual is required to
be completed before final payout of the loan.
(b) As evidence of completion,
public water systems shall submit a statement to the Authority certifying that the
water system operations manual has been completed according to the requirements
in this rule, and that staff have been instructed in the use of the water system
operations manual.
(c) The water system operations
manual shall include, but is not limited to, the following elements if they are
applicable:
(A) Source operation and
maintenance;
(B) Water treatment operation
and maintenance;
(C) Reservoir operation and
maintenance;
(D) Distribution system operation
and maintenance; and
(E) Written protocols for
on-site operators describing the operational decisions the operator is allowed to
make under OAR 333-061-0225.
(d) Water system staff shall
be instructed and trained in the use of the water system operations manual.
(5) Documents and records:
The following documents and records shall be retained by the water supplier at community
water systems and shall be available when the system is inspected or upon request
by the Authority:
(a) Complete and current
as-built plans and specifications of the entire system and such other documents
as are necessary for the maintenance and operation of the system;
(b) Current operating manuals
covering the general operation of each phase of the water system;
(c) A current master plan
and revisions thereof;
(d) Data showing production
capabilities of each water source and system component;
(e) Current records of the
number, type and location of service connections;
(f) Current records of raw
water quality, both chemical and microbiological;
(g) Current records of all
chemicals and dosage rates used in the treatment of water;
(h) Reports on maintenance
work performed on water treatment and delivery facilities;
(i) Records relating to the
sampling and analysis undertaken to assure compliance with the maximum contaminant
levels;
(j) Record of residual disinfectant
measurements, where applicable;
(k) Records of cross connection
control and backflow prevention device testing, where applicable;
(l) Records of customer complaints
pertaining to water quality and follow-up action undertaken;
(m) Fluoridation records,
where applicable;
(n) Other records as may
be required by these rules.
(6) Water Treatment Operations:
(a) Chlorinators and other
equipment used to apply chemicals at a public water system shall be operated and
maintained in accordance with the manufacturers' specifications and recommendations
for efficient operation and safety.
(b) When chlorine is used
as the disinfectant, the procedures shall be as follows:
(A) Chlorine shall be applied
in proportion to the flow;
(B) For reasons other than
the treatment of surface water sources or groundwater sources under the direct influence
of surface water, the rate of application shall be sufficient to result in a free
chlorine residual of at least 0.2 mg/l after a 30-minute contact time and throughout
the distribution system;
(c) When ammonia is added
to the water with the chlorine to form a chloramine as the disinfectant, for reasons
other than the treatment of surface water sources or groundwater sources under the
direct influences of surface water, the rate of application shall result in a combined
chlorine residual of at least 2.0 mg/l after a three-hour contact time;
(d) When corrosion control
chemicals are applied to achieve compliance with the action levels for lead and
copper, the point of application shall be after all other treatment processes, unless
determined otherwise by the Authority.
(e) At water systems where
cartridge filters are used, the filters must be changed according to the manufacturer's
recommended pressure differential.
(7) When an emergency arises
within a water system which affects the quality of water produced by the system,
the water supplier shall notify the Authority immediately.
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 431.110,
431.150, 448.131, 448.150, 448.273 & 448.279

Hist.: HD 106, f. & ef.
2-6-76; HD 17-1981(Temp), f. & ef. 8-28-81; HD 4-1982, f. & ef. 2-26-82;
Renumbered from 333-042-0225, HD 2-1983, f. & ef. 2-23-83; HD 20-1983, f. 10-20-83,
ef. 11-1-83; HD 1-1988, f. & cert. ef. 1-6-88; HD 9-1989, f. & cert. ef.
11-13-89; HD 26-1990, f. 12-26-90, cert. ef. 12-29-90; HD 7-1992, f. & cert.
ef. 6-9-92; HD 1-1996, f. 1-2-96, cert. ef. 1-5-96; OHD 17-2002, f. & cert.
ef. 10-25-02; PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04; PH 20-2004,
f. & cert. ef. 6-18-04; PH 4-2009, f. & cert. ef. 5-18-09; PH 7-2010, f.
& cert. ef. 4-19-10; PH 3-2013, f. & cert. ef. 1-25-13; PH 14-2014, f. &
cert. ef. 5-8-14
333-061-0070
Cross Connection
Control Requirements
(1) Water suppliers
shall undertake cross connection control programs to protect the public water systems
from pollution and contamination.
(2) The water
supplier's responsibility for cross connection control shall begin at the water
supply source, include all public treatment, storage, and distribution facilities
under the water supplier's control, and end at the point of delivery to the water
user's premises.
(3) Water
suppliers shall develop and implement cross connection control programs that meet
the minimum requirements set forth in these rules.
(4) Water
suppliers shall develop a procedure to coordinate cross connection control requirements
with the appropriate local administrative authority having jurisdiction.
(5) The water
supplier shall ensure that inspections of approved air gaps, approved devices, and
inspections and tests of approved backflow prevention assemblies protecting the
public water system are conducted:
(a) At the
time of installation, any repair or relocation;
(b) At least
annually;
(c) More
frequently than annually for approved backflow prevention assemblies that repeatedly
fail, or are protecting health hazard cross connections, as determined by the water
supplier;
(d) After
a backflow incident; or
(e) After
an approved air gap is re-plumbed.
(6) Approved
air gaps, approved devices, or approved backflow prevention assemblies, found not
to be functioning properly shall be repaired, replaced or re-plumbed by the water
user or premises owner, as defined in the water supplier's local ordinance or enabling
authority, or the water supplier may take action in accordance with subsection (9)(a)
of these rules.
(7) A water
user or premisse owner who obtains water from a water supplier must notify the water
supplier if they add any chemical or substance to the water.
(8) Premises
isolation requirements:
(a) For service
connections to premises listed or defined in Table 48 (Premises Requiring Isolation),
the water supplier shall ensure an approved backflow prevention assembly or an approved
air gap is installed; [Table not included. See ED. NOTE.]
(A) Premises
with cross connections not listed or defined in Table 48 (Premises Requiring Isolation),
shall be individually evaluated. The water supplier shall require the installation
of an approved backflow prevention assembly or an approved air gap commensurate
with the degree of hazard on the premises, as defined in Table 49 (Backflow Prevention
Methods); [Table not included. See ED. NOTE.]
(B) In lieu
of premise isolation, the water supplier may accept an in-premises approved backflow
prevention assembly as protection for the public water system when the approved
backflow prevention assembly is installed, maintained and tested in accordance with
these rules.
(b) Where
premises isolation is used to protect against a cross connection, the following requirements
apply;
(A) The water
supplier shall:
(i) Ensure
the approved backflow prevention assembly is installed at a location adjacent to
the service connection or point of delivery;
(ii) Ensure
any alternate location used must be with the approval of the water supplier and
must meet the water supplier's cross connection control requirements; and
(iii) Notify
the premises owner and water user, in writing, of thermal expansion concerns.
(B) The premises
owner shall:
(i) Ensure
no cross connections exist between the point of delivery from the public water system
and the approved backflow prevention assemblies, when these are installed in an
alternate location; and
(ii) Assume
responsibility for testing, maintenance, and repair of the installed approved backflow
prevention assembly to protect against the hazard.
(c) Where
unique conditions exist, but not limited to, extreme terrain or pipe elevation changes,
or structures greater than three stories in height, even with no actual or potential
health hazard, an approved backflow prevention assembly may be installed at the
point of delivery; and
(d) Where
the water supplier chooses to use premises isolation by the installation of an approved
backflow prevention assembly on a one- or two-family dwelling under the jurisdiction
of the Oregon Plumbing Specialty Code and there is no actual or potential cross
connection, the water supplier shall:
(A) Install
the approved backflow prevention assembly at the point of delivery;
(B) Notify
the premises owner and water user in writing of thermal expansion concerns; and
(C) Take
responsibility for testing, maintenance and repair of the installed approved backflow
prevention assembly.
(9) In community
water systems, water suppliers shall implement a cross connection control program
directly, or by written agreement with another agency experienced in cross connection
control. The local cross connection program shall consist of the following elements:
(a) Local
ordinance or enabling authority that authorizes discontinuing water service to premises
for:
(A) Failure
to remove or eliminate an existing unprotected or potential cross connection;
(B) Failure
to install a required approved backflow prevention assembly;
(C) Failure
to maintain an approved backflow prevention assembly; or
(D) Failure
to conduct the required testing of an approved backflow prevention assembly.
(b) A written
program plan for community water systems with 300 or more service connections shall
include the following:
(A) A list
of premises where health hazard cross connections exist, including, but not limited
to, those listed in Table 48 (Premises Requiring Isolation); [Table not included.
See ED. NOTE.]
(B) A current
list of certified cross connection control staff members;
(C) Procedures
for evaluating the degree of hazard posed by a water user's premises;
(D) A procedure
for notifying the water user if a non-health hazard or health hazard is identified,
and for informing the water user of any corrective action required;
(E) The type
of protection required to prevent backflow into the public water supply, commensurate
with the degree of hazard that exists on the water user's premises, as defined in
Table 49 (Backflow Prevention Methods); [Table not included. See ED. NOTE.]
(F) A description
of what corrective actions will be taken if a water user fails to comply with the
water supplier's cross connection control requirements;
(G) Current
records of approved backflow prevention assemblies installed, inspections completed,
backflow prevention assembly test results on backflow prevention assemblies and
verification of current Backflow Assembly Tester certification; and
(H) A public
education program about cross connection control.
(c) The water
supplier shall prepare and submit a cross connection control Annual Summary Report
to the Authority, on forms provided by the Authority, before the last working day
of March each year.
(d) In community
water systems having 300 or more service connections, water suppliers shall ensure
at least one person is certified as a Cross Connection Control Specialist, unless
specifically exempted from this requirement by the Authority.
(10) Fees:
Community water systems shall submit to the Authority an annual cross connection
program implementation fee, based on the number of service connections, as follows:
Service Connections
— Fee:
15-99 —
$30.
100-999 —
$75.
1,000-9,999
— $200.
10,000 or
more — $350.
(a) Billing invoices
will be mailed to water systems in the first week of November each year and are
due by January first of the following year;
(b) Fees
are payable to Oregon Health Authority by check or money order;
(c) A late
fee of 50 percent of the original amount will be added to the total amount due and
will be assessed after January 31 of each year.
(11) In transient
or non-transient non-community water systems, the water supplier that owns and/or
operates the system shall:
(a) Ensure
no cross connections exist, or are isolated from the potable water system with an
approved backflow prevention assembly, as required in section (12) of this rule;
(b) Ensure
approved backflow prevention assemblies are installed at, or near, the cross connection;
and
(c) Conduct
an annual cross connection survey and inspection to ensure compliance with these
rules, and test all backflow assemblies annually. All building permits and related
inspections are to be made by the Department of Consumer and Business Services,
Building Codes Division, as required by ORS 447.020.
(12) Approved
backflow prevention assemblies and devices required under these rules shall be approved
by the University of Southern California, Foundation for Cross-Connection Control
and Hydraulic Research, or other equivalent testing laboratories approved by the
Authority.
(13) Backflow
prevention assemblies installed before the effective date of these rules that were
approved at the time of installation, but are not currently approved, shall be permitted
to remain in service provided the assemblies are not moved, the piping systems are
not significantly remodeled or modified, the assemblies are properly maintained,
and they are commensurate with the degree of hazard they were installed to protect.
The assemblies must be tested at least annually and perform satisfactorily to the
testing procedures set forth in these rules.
(14) Tests
performed by Authority-certified Backflow Assembly Testers shall be in conformance
with procedures established by the University of Southern California, Foundation
for Cross Connection Control and Hydraulic Research, Manual of Cross-Connection
Control, 10th Edition, or other equivalent testing procedures approved by the Authority.
(15) Backflow
prevention assemblies shall be tested by Authority-certified Backflow Assembly Testers,
except as otherwise provided for journeyman plumbers or apprentice plumbers in OAR
333-061-0072 of these rules (Backflow Assembly Tester Certification). The Backflow
Assembly Tester must produce three copies of all test reports. One copy must be
maintained in the Tester’s permanent records, one copy must be provided to
the water user or property owner, and one copy must be provided to the water supplier.
(a) Test
reports must be provided within 10 working days; and
(b) The test
reports must be in a manner and form acceptable to the water supplier.
(16) All
approved backflow prevention assemblies subject to these rules shall be installed
in accordance with OAR 333-061-0071 and the Oregon Plumbing Specialty Code.
(17) The
Authority shall establish an advisory board for cross connection control issues
consisting of not more than nine members, and including representation from the
following:
(a) Oregon
licensed Plumbers;
(b) Authority
certified Backflow Assembly Testers;
(c) Authority
certified Cross Connection Specialists;
(d) Water
Suppliers;
(e) The general
public;
(f) Authority
certified Instructors of Backflow Assembly Testers or Cross Connection Specialists;
(g) Backflow
assembly manufacturers or authorized representatives;
(h) Engineers
experienced in water systems, cross connection control and/or backflow prevention;
and
(i) Oregon
certified Plumbing Inspectors.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

[Publications:
Publications referenced are available from the agency.]
Stat. Auth.:
ORS 448.131

Stats. Implemented:
ORS 431.110, 431.150, 448.131, 448.150, 448.268, 448.271, 448.273, 448.278, 448.279,
448.295 & 448.300

Hist.: HD
106, f. & ef. 2-6-76; HD 17-1981(Temp), f. & ef. 8-28-81; HD 4-1982, f.
& ef. 2-26-82; Renumbered from 333-042-0230, HD 2-1983, f. & ef. 2-23-83;
HD 20-1983, f. 10-20-83, ef. 11-1-83; HD 30-1985, f. & ef. 12-4-85; HD 3-1987,
f. & ef. 2-17-87; HD 1-1988, f. & cert. ef. 1-6-88; HD 9-1989, f. &
cert. ef. 11-13-89; HD 26-1990, f. 12-26-90, cert. ef. 12-29-90; HD 1-1994, f. &
cert. ef. 1-7-94; HD 1-1996, f. 1-2-96, cert. ef. 1-2-96; OHD 4-1999, f. 7-14-99,
cert. ef. 7-15-99; PH 34-2004, f. & cert. ef. 11-2-04; PH 2-2006, f. & cert.
ef. 1-31-06; PH 2-2008, f. & cert. ef. 2-15-08; PH 4-2009, f. & cert. ef.
5-18-09; PH 7-2010, f. & cert. ef. 4-19-10; PH 3-2013, f. & cert. ef. 1-25-13
333-061-0071
Backflow
Prevention Assembly Installation and Operation Standards
(1) Any approved
backflow prevention assembly required by OAR 333-061-0070 shall be installed in
a manner that:
(a) Facilitates
its proper operation, maintenance, inspection, and in-line testing using standard
installation procedures approved by the Authority, such as, but not limited to,
University of Southern California, Manual of Cross-Connection Control, 10th Edition,
the Pacific Northwest Section American Water Works Association, Cross Connection
Control Manual, 7th Edition, or the local administrative authority having jurisdiction;
(b) Precludes
the possibility of continuous submersion of an approved backflow prevention assembly,
and precludes the possibility of any submersion of the relief valve on a reduced
pressure principle backflow prevention assembly; and
(c) Maintains
compliance with all applicable safety regulations and the Oregon Plumbing Specialty
Code.
(2) For premises
isolation installation:
(a) The approved
backflow prevention assembly shall be installed at a location adjacent to the service
connection or point of delivery; or
(b) Any alternate
location must be with the advance approval of the water supplier and must meet the
water supplier's cross connection control requirements; and
(c) The premise
owner shall ensure no cross connections exist between the point of delivery from
the public water system and the approved backflow prevention assembly.
(3) Bypass
piping installed around any approved backflow prevention assembly must be equipped
with an approved backflow prevention assembly to:
(a) Afford
at least the same level of protection as the approved backflow prevention assembly
being bypassed; and
(b) Comply
with all requirements of these rules.
(4) All Oregon
Plumbing Specialty Code approved residential multi-purpose fire suppression systems
constructed of potable water piping and materials do not require a backflow prevention
assembly.
(5) Stand-alone
fire suppression systems shall be protected commensurate with the degree of hazard,
as defined in Table 49 (Backflow Prevention Methods). [Table not included. See
ED. NOTE.]
(6) Stand-alone
irrigation systems shall be protected commensurate with the degree of hazard, as
defined in Table 49 (Backflow Prevention Methods). [Table not included. See ED.
NOTE.]
(7) A Reduced
Pressure Principle Backflow Prevention Assembly (RP) or Reduced Pressure Principle-Detector
Backflow Prevention Assembly (RPDA): [Figure 1 not included. See ED. NOTE.]
(a) Shall
conform to bottom and side clearances when the assembly is installed inside a building.
Access doors may be provided on the top or sides of an above-ground vault;
(b) Shall
always be installed horizontally, never vertically, unless they are specifically
approved for vertical installation;
(c) Shall
always be installed above the 100 year (1 percent) flood level unless approved by
the appropriate local administrative authority having jurisdiction;
(d) Shall
never have extended or plugged relief valves;
(e) Shall
be protected from freezing when necessary;
(f) Shall
be provided with an approved air gap drain;
(g) Shall
not be installed in an enclosed vault or box unless a bore-sighted drain to daylight
is provided;
(h) May be
installed with reduced clearances if the pipes are two inches in diameter or smaller,
are accessible for testing and repairing, and approved by the appropriate local
administrative authority having jurisdiction;
(i) Shall
not be installed at a height greater than five feet unless there is a permanently
installed platform meeting Oregon Occupational Safety and Health Administration
(OR-OSHA) standards to facilitate servicing the assembly; and
(j) Be used
to protect against a non-health hazard or health hazard for backsiphonage or backpressure
conditions.
(8) A Double
Check Valve Backflow Prevention Assembly (DC) or Double Check Detector Backflow
Prevention Assembly (DCDA): [Figure 2 not included. See ED. NOTE.]
(a) Shall
conform to bottom and side clearances when the assembly is installed inside a building;
(b) May be
installed vertically as well as horizontally provided the assembly is specifically
listed for that orientation in the Authority's Approved Backflow Prevention Assembly
List.
(c) May be
installed below grade in a vault, provided that water-tight fitted plugs or caps
are installed in the test cocks, and the assembly shall not be subject to continuous
immersion;
(d) Shall
not be installed at a height greater than five feet unless there is a permanently
installed platform meeting Oregon Occupational Safety and Health Administration
(OR-OSHA) standards to facilitate servicing the assembly;
(e) May be
installed with reduced clearances if the pipes are two inches in diameter or smaller,
provided that they are accessible for testing and repairing, and approved by the
appropriate local administrative authority having jurisdiction;
(f) Shall
have adequate drainage provided except that the drain shall not be directly connected
to a sanitary or storm water drain. Installers shall check with the water supplier
and appropriate local administrative authority having jurisdiction for additional
requirements;
(g) Shall
be protected from freezing when necessary; and
(h) Be used
to protect against non-health hazards under backsiphonage and backpressure conditions.
(9) A Pressure
Vacuum Breaker Backsiphonage Prevention Assembly (PVB) or Spill-Resistant Pressure
Vacuum Breaker Backsiphonage Prevention Assembly (SVB) shall: [Figure 3 not included.
See ED. NOTE.]
(a) Be installed
where occasional water discharge from the assembly caused by pressure fluctuations
will not be objectionable;
(b) Have
adequate spacing available for maintenance and testing;
(c) Not be
subject to flooding;
(d) Be installed
a minimum of 12 inches above the highest downstream piping and outlets;
(e) Have
absolutely no means of imposing backpressure by a pump or other means. The downstream
side of the pressure vacuum breaker backsiphonage prevention assembly or spill-resistant
pressure vacuum breaker backsiphonage prevention assembly may be maintained under
pressure by a valve; and
(f) Be used
to protect against backsiphonage only, not backpressure.
(10) An Atmospheric
Vacuum Breaker (AVB) shall: [Figure 4 not included. See ED. NOTE.]
(a) Have
absolutely no means of shut-off on the downstream or discharge side of the atmospheric
vacuum breaker;
(b) Not be
installed in dusty or corrosive atmospheres;
(c) Not be
installed where subject to flooding;
(d) Be installed
a minimum of six inches above the highest downstream piping and outlets;
(e) Be used
intermittently;
(f) Have
product and material approval under the Oregon Plumbing Specialty Code for non-testable
devices.
(g) Not be
pressurized for more than 12 hours in any 24-hour period; and
(h) Be used
to protect against backsiphonage only, not backpressure.
[ED. NOTE:
Tables & Figures referenced are not included in rule text. Click here for PDF copy of table(s) & figure(s).]

[Publications: Publications referenced are available from the agency.]

Stat. Auth.:
ORS 448.131

Stats. Implemented::
ORS 431.110, 431.150, 448.131, 448.150, 448.268, 448.273, & 448.279

Hist.: HD
9-1989, f. & cert. ef. 11-13-89; HD 1-1994, f. & cert. ef. 1-7-94, Renumbered
from 333-061-0099; HD 1-1996, f. 1-2-96, cer.t. ef. 1-5-96; HD 14-1997, f. &
cert. ef. 10-31-97; OHD 4-1999, f. 7-14-99, cert. ef. 7-15-99; PH 34-2004, f. &
cert. ef. 11-2-04; PH 2-2006, f. & cert. ef. 1-31-06; PH 4-2009, f. & cert.
ef. 5-18-09; PH 7-2010, f. & cert. ef. 4-19-10; PH 3-2013, f. & cert. ef.
1-25-13
333-061-0072
Backflow Assembly Tester Certification
(1) In order to be certified as a backflow
assembly tester, individuals must successfully complete all the requirements of
this rule for testing backflow prevention assemblies. Only the following individuals
may perform the field-testing on backflow prevention assemblies required by these
rules:
(a) Individuals certified
by the Authority to test backflow prevention assemblies; and
(b) Journeyman plumbers defined
as those who hold a certificate of competency issued under ORS chapter 693 or apprentice
plumbers, as defined under ORS 693.010.
(2) Journeyman plumbers or
apprentice plumbers who test backflow prevention assemblies shall satisfactorily
complete an Authority approved backflow assembly tester training course, according
to rules adopted by the Director of Consumer and Business Services.
(3) Individuals certified
as a backflow assembly tester must comply with ORS 448.279(2).
(4) All backflow assembly
tester training courses must be approved by the Authority and taken at an Authority
approved training facility.
(5) Satisfactory completion
of an approved backflow assembly tester training course means:
(a) Completing the course;
(b) Scoring at least 70 percent
on the written examination; and
(c) Scoring at least 90 percent
on the physical-performance examination.
(6) In order to apply for
initial backflow assembly tester certification, individuals must submit:
(a) A completed initial application
with all required documentation as specified on the initial application form and
in this rule, including but not limited to:
(A) Proof of high school
graduation, GED, associate's degree, bachelor's degree, master’s degree, or
PhD; and
(B) Proof of satisfactory
completion, as described in section (5) of this rule, of a backflow assembly tester
initial training course within the 12 months prior to the Authority receiving the
completed application; and
(b) The initial certification
fee as specified in section (9) of this rule.
(7) Backflow assembly tester
certification expires on December 31 every two years based upon the first letter
in the last name of the individual. Certification for individuals with names beginning
in the letters A–K expire in even numbered years, and certification for individuals
with names beginning in the letters L–Z expire in odd-numbered years. Certification
renewal fees may be prorated if individuals are required to renew their certification
prior to the end of the most recent two-year certification period.
(a) Backflow assembly testers
may only perform tests if they possess current, valid certification.
(b) In order to apply to
renew backflow assembly tester certification, individuals must submit:
(A) A completed renewal application
with all required documentation as specified on the renewal application form and
in this rule, including but not limited to:
(i) Proof of satisfactory
completion, as described in section (5) of this rule, of either a backflow assembly
tester renewal course or a backflow tester initial training course within the two
year period prior to the expiration date of the certification; and
(ii) Yearly test gauge accuracy
verification or calibration reports performed in the same month every year, as determined
by the backflow assembly tester; and
(B) The certification renewal
fee, as specified in section (9) of this rule.
(c) The Authority may grant
certification renewal without a reinstatement fee until January 31 in the year following
the expiration date of the certification. A reinstatement fee as prescribed by section
(9) of this rule is required in addition to the renewal fee for all renewal applications
received after the grace period ending on January 31 following the expiration date
of the certification.
(d) Backflow assembly testers
that fail to renew their certification for one year following the expiration date
of their certification must meet the requirements established for applicants as
prescribed by sections (6) or (8) of this rule as applicable.
(8) In order to apply for
backflow assembly tester certification based on reciprocity, individuals must submit:
(a) A completed reciprocity
application form with all required documentation as specified on the application
form and in these rules, including but not limited to:
(A) Proof of current certification
from a state or entity having substantially equivalent certification training and
testing standards to those set forth in these rules, as determined by the Authority;
(B) Proof of satisfactory
completion, as described in section (5) of this rule, of a backflow assembly tester
initial training course or a backflow tester renewal course within the 12 months
prior to the Authority receiving the completed application;
(C) Proof of high school
graduation, GED, associate’s degree, bachelor’s degree, master’s
degree, or PhD; and
(D) Yearly test gauge accuracy
verification or calibration reports performed in the same month every year, as determined
by the backflow assembly tester; and
(b) The reciprocity review
and initial certification fees as specified in section (9) of this rule.
(9) Fees related to backflow
assembly tester certification.
(a) Payments shall be made
to the Oregon Health Authority, Public Health Division.
(b) The Authority will not
refund any fees once it has initiated processing an application.
(c) Fees are:
(A) Initial Certification
(2-years) $70;
(B) Certification Renewal
(2-years) $70;
(C) Reciprocity Review $35;
(D) Reinstatement $50; and
(E) Combination Certification
Renewal (2-years) $110.
(d) Initial certification
fees may be prorated to the nearest year for the remainder of the 2-year certification
period.
(e) The Combination Certification
Renewal fee applies when applicants simultaneously renew their backflow assembly
tester and cross connection specialist certifications.
(10) Enforcement related
to Backflow Assembly Tester certification
(a) The Authority may deny
an initial application for certification, an application for renewal of certification,
an application for certification based on reciprocity, or revoke a certification
if the Authority determines the applicant/backflow assembly tester:
(A) Provided false information
to the Authority;
(B) Did not possess certification
issued by another state or entity because it was revoked;
(C) Permitted another person
to use their certificate number;
(D) Failed to properly perform
backflow prevention assembly testing;
(E) Falsified a backflow
assembly test report;
(F) Failed to comply with
ORS 448.279(2);
(G) Failed to comply with
these rules or other applicable federal, state or local laws or regulations; or
(H) Performed backflow assembly
tests with a gauge that was not calibrated for accuracy within the 12-month period
prior to testing the assembly.
(b) Applicants or backflow
assembly testers who have been denied initial, renewal, or reciprocity certification
or whose certifications have been revoked have the right to appeal according to
the provisions of chapter 183, Oregon Revised Statutes.
(c) Applicants or backflow
assembly testers who have been denied initial, renewal, or reciprocity certification
or whose certifications have been revoked, may not reapply for certification for
one year from the date of denial or revocation of certification.
(d) Applicants or backflow
assembly testers may petition the Authority prior to one year from the date of denial
or revocation and may be allowed to reapply at an earlier date, at the discretion
of the Authority.
(e) Backflow assembly tester
test reports shall be made available to the Authority upon request.
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 448.279,
448.280, 448.285, 448.290

Hist.: HD 1-1994, f. &
cert. ef. 1-7-94; HD 1-1996, f. 1-2-96, cert. ef. 1-5-96; HD 14-1997, f. & cert.
ef. 10-31-97; OHD 4-1999, f. 7-14-99, cert. ef. 7-15-99; PH 34-2004, f. & cert.
ef. 11-2-04; PH 2-2006, f. & cert. ef. 1-31-06; PH 2-2008, f. & cert. ef.
2-15-08; PH 7-2010, f. & cert. ef. 4-19-10; PH 3-2013, f. & cert. ef. 1-25-13;
PH 14-2014, f. & cert. ef. 5-8-14
333-061-0073
Cross Connection Specialist Certification
(1) In order to be certified as a cross
connection specialist, individuals must successfully complete all the applicable
requirements of this rule. Only individuals certified by the Authority may administer
cross connection control programs.
(2) Individuals certified
as a cross connection specialist must comply with ORS 448.279(2).
(3) All training courses
must be taken at an Authority approved training facility or be an Oregon Environmental
Services Advisory Council approved course.
(4) Satisfactory completion
of an approved cross connection specialist training course means:
(a) Completing the course;
and
(b) Scoring at least 70 percent
on the written examination.
(5) In order to apply for
initial cross connection specialist certification, individuals must submit:
(a) A completed initial application
with all required documentation as specified on the initial application form and
in this rule, including but not limited to:
(A) Proof of high school
graduation, GED, associate's degree, bachelor's degree, master’s degree, or
PhD; and
(B) Proof of satisfactory
completion, as described in section (4) of this rule, of a cross connection specialist
initial training course within the 12 months prior to the Authority receiving the
completed application;
(C) Proof of one-year of
experience working with public water systems as defined in OAR 333-061-0020 or plumbing
as defined in ORS 447.010; and
(b) The initial certification
fee as specified in section (8) of this rule.
(6) Cross connection specialist
certification expires on December 31 every two years based upon the first letter
in the last name of the individual. Certification for individuals with names beginning
in the letters A-K expires in even numbered years, and certification for individuals
with names beginning in the letters L-Z expires in odd numbered years Certification
renewal fees may be prorated if individuals are required to renew their certification
prior to the end of the most recent two-year certification period.
(a) In order to apply to
renew cross connection specialist certification, individuals must submit:
(A) A completed renewal application
with all required documentation as specified on the application form and in this
rule, including but not limited to, proof of satisfactory completion of a total
of at least 0.6 continuing education units from cross connection-related training
courses or meetings taken within the two year period immediately prior to the date
of the Authority receiving the completed application. Training courses and meetings
must be attended at an Authority approved training facility or be approved by the
Oregon Environmental Services Advisory Council; and
(B) The certification renewal
fee, as specified in section (8) of this rule.
(b) The Authority may grant
certification renewal without a reinstatement fee until January 31 in the year following
the expiration date of the certification. A reinstatement fee as prescribed by section
(8) of this rule is required in addition to the renewal fee for all renewal applications
received after the grace period ending on January 31 following the expiration date
of the certification.
(c) Cross connection specialists
that fail to renew their certification for one year following the expiration date
of their certification must meet the requirements established for applicants as
prescribed by sections (5) or (7) of this rule.
(7) In order to apply for
cross connection specialist certification based on reciprocity, individuals must
submit:
(a) A completed reciprocity
application form with all required documentation as specified on the application
form and in this rule, including but not limited to:
(A) Proof of current certification
from a state or entity having substantially equivalent certification training and
testing standards to those set forth in these rules, as determined by the Authority;
(B) Proof of satisfactory
completion, as described in section (4) of this rule, of a cross connection specialist
initial training course or cross connection specialist renewal course within the
12 months prior to the Authority receiving the completed application;
(C) Proof of high school
graduation, GED, associate’s degree, bachelor’s degree, master’s
degree, or PhD; and
(b) The reciprocity application
fee as specified in section (8) of this rule.
(8) Fees related to Cross
Connection Specialist certification.
(a) Payments shall be made
to the Oregon Health Authority, Public Health Division.
(b) The Authority will not
refund any fees once it has initiated processing an application.
(c) Fees are:
(A) Initial Certification
(2-years) $70;
(B) Certification Renewal
(2-years) $70;
(C) Reciprocity Review $35;
(D) Reinstatement $50; and
(E) Combination Certification
Renewal (2-years) $110.
(d) Initial certification
fees may be prorated to the nearest year for the remainder of the 2-year certification
period.
(e) The Combination Certification
Renewal fee applies when applicants simultaneously renew their backflow assembly
tester and cross connection specialist certifications.
(9) Enforcement related to
cross connection specialist certification.
(a) The Authority may deny
an initial application for certification, an application for renewal of certification,
an application for certification based on reciprocity, or revoke a certification
if the Authority determines the applicant/cross connection specialist:
(A) Provided false information
to the Authority;
(B) Did not possess certification
issued by another state or entity because it was revoked;
(C) Permitted another person
to use their certificate number;
(D) Falsified a survey/inspection/Annual
Summary Report;
(E) Failed to comply with
ORS 448.279(2); or
(F) Failed to comply with
these rules or other applicable federal, state or local laws or regulations.
(b) Applicants or cross connection
specialists who have been denied initial, renewal, or reciprocity certification
or who have had their certification revoked have the right to appeal according to
the provisions of chapter 183, Oregon Revised Statutes.
(c) Applicants or cross connection
specialists who have been denied initial, renewal, or reciprocity certification
or who have had their certification revoked may not reapply for certification for
one year from the date of denial or revocation of certification.
(d) Applicants or cross connection
specialists may petition the Authority prior to one year from the date of denial
or revocation and may be allowed to reapply at an earlier date, at the discretion
of the Authority.
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 431.110,
431.150, 448.131, 448.150, 448.268, 448.273, 448.278, & 448.279

Hist.: OHD 4-1999, f. 7-14-99,
cert. ef. 7-15-99; PH 34-2004, f. & cert. ef. 11-2-04; PH 7-2010, f. & cert.
ef. 4-19-10; PH 3-2013, f. & cert. ef. 1-25-13; PH 14-2014, f. & cert. ef.
5-8-14
333-061-0074
Cross Connection
Training Programs, Course, and Instructor Requirements
(1) In order to
qualify as an Authority approved Cross Connection Specialist training program or
facility or Backflow Assembly Tester training program or facility, the following
requirements must be met:
(a) The training
program must keep permanent records on attendance and performance of each student
that enrolls in a course;
(b) The training
program must submit the names of students who have successfully completed the training
course to the Authority upon completion of the training course;
(c) The training
schedule must be set in advance and the schedule must be submitted to the Authority
quarterly for review and publication;
(d) The backflow
training program must maintain a proper ratio of student-to-training equipment.
A maximum ratio of three students for each backflow assembly test station is allowed
for the Backflow Assembly Tester-training course;
(e) The training
program must provide uniform training at all course locations;
(f) The training
program shall provide the training materials necessary to complete the course. The
training materials must be updated annually and submitted to the Authority for approval;
and
(g) The training
program must have the following minimum training equipment available for each course:
(A) Each
test station for Backflow Assembly Tester initial training and certification renewal
courses shall include:
(i) An operating
pressure vacuum breaker backsiphonage prevention assembly, spill resistant pressure
vacuum breaker backsiphonage prevention assembly, double check valve backflow prevention
assembly, and a reduced pressure principle backflow prevention assembly, with appropriate
test gauges for each assembly; and
(ii) A backflow
prevention assembly failure simulator shall also be provided that is capable of
simulating leaking check valves, shutoff valves, and relief valve failures.
(B) The training
aids for the Backflow Assembly Tester training program or facility and Cross Connection
Specialist training program or facility shall include the atmospheric vacuum breaker,
pressure vacuum breaker backsiphonage prevention assembly, spill resistant pressure
vacuum breaker backsiphonage prevention assembly, double check valve backflow prevention
assembly, reduced pressure principle backflow prevention assembly, and a variety
of test gauges.
(h) The training
program must maintain uniform course curriculum according to sections (2), (3),
(4) and (5) of this rule section, and maintain uniform instructor requirements according
to section (6) of this rule section, subject to approval by the Authority.
(2) Requirements
for the Cross Connection Specialist initial training course shall include:
(a) A minimum
of 30 hours of training;
(b) The course
content shall contain, but is not limited to, the following topics:
(A) Definitions,
identification of cross connection hazards, and the hydraulics of backflow;
(B) Approved
cross connection control methods, backflow prevention assembly specifications, and
testing methods used for Authority-approved backflow prevention assemblies;
(C) Cross
connection control requirements for public water systems, implementation of a cross
connection control program, and writing a local cross connection control ordinance;
(D) Public
education and record keeping requirements for an effective cross connection control
program;
(E) Facility
water use inspection techniques and hands on inspection of local facilities to identify
actual or potential cross connections;
(F) Cross
connection control program enforcement and managing a Backflow Assembly Tester program;
and
(G) Review
and discussion of Cross Connection Specialist safety issues.
(c) A minimum
score of 85 percent is required to pass the Authority approved Cross Connection
Specialist written examination.
(3) Requirements
for the Backflow Assembly Tester initial training course shall include:
(a) A minimum
of 40 hours of training;
(b) The course
content shall contain, but is not limited to, the following topics:
(A) Definitions,
identification of cross connections, and the hydraulics of backflow;
(B) Hazards
associated with backflow pollution and contamination of potable water, approved
cross connection control methods, and cross connection control program requirements
for public water systems;
(C) Backflow
prevention assembly approval requirements, specifications and installation requirements
for approved backflow prevention assemblies, and backflow prevention assembly repair
techniques;
(D) Complete
disassembly and reassembly of each type of backflow prevention assembly;
(E) Hands-on
demonstration of the correct test procedures, troubleshooting for each type of backflow
prevention assembly, and diagnosis of two failure and/or abnormal conditions during
the hands- on backflow assembly test of each type of backflow prevention assembly;
(F) Test
gauge calibration and gauge accuracy verification methods; and
(G) Review
and discussion of Backflow Assembly Tester safety issues.
(c) A minimum
score of 75 percent is required to pass the Authority-approved Backflow Assembly
Tester written examination; and
(d) A minimum
score of 90 percent is required to pass the Authority-approved Backflow Assembly
Tester physical performance examination.
(4) Requirements
for Cross Connection Specialist certification renewal shall include:
(a) A minimum
of 0.6 CEU of training;
(b) The course
content shall contain, but is not limited to, the following topics:
(A) Review
of cross connection control regulations OAR 333-061-0070 through 0073;
(B) Review
and discussion of recent backflow incidents and identification of cross connections;
and
(C) Review
and discussion of Cross Connection Specialist safety issues.
(5) Requirements
for Backflow Assembly Tester certification renewal shall include:
(a) A minimum
of 0.5 CEU of training, excluding examination time;
(b) The course
content shall contain, but is not limited to, the following topics:
(A) Review
of cross connection control regulations OAR 333-061-0070 through 0073;
(B) Review
of approved test procedures for backflow prevention assemblies;
(C) Hands-on
demonstration of the correct test procedures for each type of backflow prevention
assembly;
(D) The correct
student diagnosis and explanation of two failure and/or abnormal conditions during
the hands-on backflow prevention assembly test of each type of backflow prevention
assembly;
(E) Review
and discussion of Backflow Assembly Tester safety issues; and
(F) Written
examination that includes questions on cross connection control regulations OAR
333-061-0070 through 0073.
(c) A minimum
score of 75 percent is required to pass the Authority approved Backflow Assembly
Tester written examination; and
(d) A minimum
score of 90 percent is required to pass the Authority approved Backflow Assembly
Tester physical performance examination.
(6) Instructor
qualification requirements shall include:
(a) To be
eligible as an instructor for Cross Connection Specialist initial training or certification
renewal course, the following experience in the cross connection control field is
required:
(A) Must
be currently certified as a Cross Connection Specialist in Oregon;
(B) Must
have 2 years experience in enforcement of cross connection control requirements,
or as a certified Cross Connection Specialist, or have related experience, subject
to approval by the Authority;
(C) Must
participate in two complete Cross Connection Specialist training courses as a student
instructor assigned to teach a portion of the curriculum. A student instructor training
program schedule must be submitted to the Authority for approval before training
begins;
(D) Must
receive a recommendation from the instructor of record for approval as an instructor.
An unfavorable recommendation must be documented by supporting information and may
be challenged by the trainee or by the Authority; and
(E) Must
attend at least one instructor update meeting provided by the Authority each year.
(b) To be
eligible as an instructor for the Backflow Assembly Tester initial training or certification
renewal course, the following experience in the backflow prevention field is required:
(A) Must
be currently certified as a Backflow Assembly Tester in Oregon;
(B) Must
have 2 years experience as a certified Backflow Assembly Tester and experience installing,
testing backflow prevention assemblies, or as a vocational instructor, or have related
experience, subject to approval by the Authority;
(C) Must
participate in two complete Backflow Assembly Tester training courses as a student
instructor assigned to teach a portion of the text curriculum and the physical performance
portion of the curriculum. A student instructor training program schedule must be
submitted to the Authority for approval before training begins;
(D) Must
receive a recommendation from the instructor of record for approval as an instructor.
An unfavorable recommendation must be documented by supporting information and may
be challenged by the trainee or by the Authority; and
(E) Must
attend at least one instructor update meeting provided by the Authority each year.
(c) The Authority
shall maintain a list of qualified instructors.
Stat. Auth.: ORS
448.131

Stats. Implemented:
ORS 431.110, 431.150, 448.131, 448.150, 448.268, 448.273, 448.278 & 448.279

Hist.: OHD
4-1999, f. 7-14-99, cert. ef. 7-15-99; PH 34-2004, f. & cert. ef. 11-2-04; PH
3-2013, f. & cert. ef. 1-25-13
333-061-0075
Sanitary Surveys of Watersheds
(1) In water systems utilizing surface water sources or
groundwater sources under the direct influence of surface water that
do not provide filtration treatment, the water supplier shall conduct
sanitary surveys of the watershed as deemed necessary by the water
system to meet the requirements of OAR 333-061-0032(2)(c)(B).
The results of the watershed survey will be reviewed by the Authority
during the annual on-site inspection required by 333-061-0032(2)(c)(C). The Authority recommends that systems
which do provide filtration treatment for surface water sources or
groundwater sources under the direct influence of surface water also
conduct annual sanitary surveys of the watershed.
(2) The survey shall include but not be limited to, an evaluation
of the following man-made and natural features in the watershed and
their effect on water quality:
(a) Nature of and condition of dams, impoundments, intake
facilities, diversion works, screens, disinfection equipment,
perimeter fences, signs, gates;
(b) Nature of surface geology, character of soils, presence of
slides, character of vegetation and forests, animal population,
amounts of precipitation;
(c) Nature of human activities, extent of cultivated and grazing
land, zoning restrictions, extent of human habitation, logging
activities, method of sewage disposal, proximity of fecal
contamination to intake, recreational activities and measures to
control activities in the watershed;
(d) Nature of raw water, level of coliform organisms,
vulnerability assessments of potential contaminants, algae,
turbidity, color, mineral constituents, detention time in reservoir,
time required for flow from sources of contamination to intake;
(e) Type and effectiveness of measures to control contamination,
and algae, disinfection applications and residuals carried,
monitoring practices, patrol of borders.
(3) A report on the findings of the survey shall be submitted
annually to the Authority as required by OAR 333-061-0040(1).
(4) The Authority recommends using the guidelines in the USEPA
SWTR Guidance Manual to construct an effective watershed
control management plan. A list of additional references recommended
by the Authority is available upon request.
[Publications: Publications referenced are available from the
agency.]
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 431.110, 448.115, 448.131 & 448.150

Hist.: HD 106, f. & ef. 2-6-76; HD 137(Temp), f. & ef.
3-9-77; HD 140, f. & ef. 6-28-77; HD 17-1981(Temp), f. & ef.
8-28-81; HD 4-1982, f. & ef. 2-26-82; Renumbered from
333-042-0230; HD 2-1983, f. & ef. 2-23-83; HD 26-1990, f.
12-26-90, cert. ef. 12-29-90
333-061-0076
Sanitary Surveys
(1) All
sanitary surveys as defined by OAR 333-061-0020(165) and this rule shall be conducted
by the Authority or contract county health department staff.
(2) Public
water systems must provide the Authority, upon request, any existing information
that will enable the Authority to conduct a sanitary survey.
(3) The
sanitary survey report shall be completed by staff and sent to the water system
following the site visit. The content of the sanitary survey report shall address,
at a minimum, the following components of a water system: source of supply; treatment;
distribution system; finished water storage; pumps, pump facilities and controls;
monitoring, reporting and data verification; system management and operations; and
operator certification compliance.
(4) The
sanitary survey report must identify any significant deficiency prescribed in this
section, or any violation of drinking water regulations, discovered in the on-site
visit. For the purposes of sanitary surveys, significant deficiencies for all water
systems are:
(a) Surface
Water Treatment:
(A) Incorrect
location for compliance turbidity monitoring;
(B) For
systems serving more than 3,300 people, no auto-dial, call-out alarm or auto-plant
shutoff for low chlorine residual;
(C) For
conventional or direct filtration, no auto-dial, call-out alarm or auto-plant shutoff
for high turbidity when no operator is on-site;
(D) For
conventional filtration, settled water turbidity not measured daily;
(E) For
conventional or direct filtration, turbidity profile not conducted on individual
filters at least quarterly;
(F) For
cartridge filtration, no pressure gauges before and after cartridge filter;
(G) For
cartridge filtration, filters not changed according to manufacturer’s recommended
pressure differential; and
(H) For
diatomaceous earth filtration, body feed not added with influent flow.
(b) Groundwater
Well Construction:
(A) Sanitary
seal and casing not watertight;
(B) Does
not meet setbacks from hazards;
(C) Wellhead
not protected from flooding;
(D) No
raw water sample tap;
(E) No
treated sample tap, if applicable; and
(F) If
well vent exists, not screened. 
(c) Groundwater
Springbox Construction:
(A) Not
constructed of impervious, durable material;
(B) No
watertight access hatch/entry;
(C) No
screened overflow;
(D) Does
not meet setbacks from hazards;
(E) No
raw water sample tap; and
(F) No
treated sample tap, if applicable.
(d) Disinfection:
(A) No
means to adequately determine flow rate on contact chamber effluent line;
(B) Failure
to calculate CT values correctly; and
(C) No
means to adequately determine disinfection contact time under peak flow and minimum
storage conditions.
(e) Finished
water storage:
(A) Hatch
not locked;
(B) Roof
and hatch not watertight;
(C) No
flap-valve or equivalent over drain/overflow; and
(D) No
screened vent.
(5) Sanitary
survey fees. All community, non-transient non-community, transient non-community,
and state regulated water systems are required to undergo a sanitary survey on a
frequency determined by the Authority and are subject to a fee payable to the Authority
on or before the due date specified in the invoice sent to the water system.
(a) For
community water systems, the sanitary survey fee is based upon either the number
of connections or the population served.
(A) For
community water systems with more than 250 service connections, the sanitary survey
fee shall be based upon the number of connections served by the system.
(B) For
community water systems with 250 service connections or less, but serving more than
1,000 people, the sanitary survey
fee shall be based upon the population served by the system. For wholesale community
water systems in this category, the sanitary survey fee will be assessed as a community
water system without water treatment (WT) as specified in the table below.
(b) Transient non-community
water systems identified as campgrounds with multiple handpumps will be considered
one water system and assessed a single fee for the purposes of this rule.
(c) Late
fees. A late fee will be assessed to any water system which fails to pay its sanitary
survey fee within 10 days of the due date in the invoice sent to the water system.
The late fee may be waived at the discretion of the Authority. Fees for sanitary
surveys are listed in Table 50 below: [Table not included. See ED. NOTE.]
(6) Response
required to address sanitary survey deficiencies:
(a) Water
systems that use surface water sources or groundwater sources under the direct influence
of surface water must respond in writing to the Authority or county health department
within 45 days of receiving the sanitary survey report.
(A) The
response of the water system must include:
(i) The
plan the water system will follow to resolve or correct the identified significant
deficiencies;
(ii) The
plan the water system will follow to resolve or correct any violations of drinking
water regulations identified during the sanitary survey or at any other time; and
(iii)
The schedule the water system will follow to execute the plan.
(B) The
plans and schedules identified above in subparagraphs (6)(a)(A)(i) through (iii)
of this rule must be approved by the Authority.
(b) Beginning
on December 1, 2009, water systems that use only groundwater sources must consult
with the Authority or county health department within 30 days of receiving written
notice of a significant deficiency or a violation of a drinking water regulation
identified during the sanitary survey.
(A) Water
systems must have completed corrective action or be in compliance with an Authority-specified
corrective action plan within 120 days of receiving written notice of a significant
deficiency, as specified in OAR 333-061-0032(6)(e).
(7) Public
water systems that fail to respond to the Authority or county health department
within the timeframe specified, are required to issue a tier 2 public notice as
prescribed in OAR 333-061-0042(2)(b)(D).
(8) Public
water systems must correct the deficiencies or violations identified in the sanitary
survey according to the Authority-approved schedule identified in section (6) of
this rule. Failure to do so constitutes a violation of these rules.
[Publications: Publications referenced are available from the
agency.]

[ED. NOTE:
Tables & Figures referenced are not included in rule text. Click here for PDF copy of table(s) & figure(s).]
Stat. Auth.:
ORS 448.131

Stats.
Implemented: ORS 431.110, 448.115, 448.131, 448.150, 448.175, 448.273

Hist.:
OHD 23-2001, f. & cert. ef. 10-31-01; OHD 17-2002, f. & cert. ef. 10-25-02;
PH 12-2003, f. & cert. ef. 8-15-03; PH 2-2008, f. & cert. ef. 2-15-08; PH
4-2009, f. & cert. ef. 5-18-09; PH 7-2010, f. & cert. ef. 4-19-10
333-061-0077
Composite
Correction Program & Comprehensive Performance Evaluations
(1) All Comprehensive
Performance Evaluation Reports (CPEs) as defined by OAR 333-061-0020(35) and this
rule shall be conducted by the Authority or contract county health department staff.
(2) Any public
water system using surface water or groundwater under direct surface water influence
which treats the water using conventional or direct filtration treatment is subject
to the Composite Correction Program, including CPEs, as determined necessary or
appropriate by the Authority.
(3) Any public
water system using surface water or groundwater under direct surface water influence
which treats the water using conventional or direct filtration treatment that has
a measured filtered water turbidity level greater than 2.0 NTU from any individual
filter in two consecutive measurements taken 15 minutes apart in each of two consecutive
months as stated in OAR 333-061-0040(1)(d)(B) (ii)(IV) is required to have a CPE
conducted on that public water system's water treatment facility.
(4) The CPE
report shall be completed by staff and sent to the water system following the site
visit. The content of the CPE report shall include, at a minimum, the following
components: An assessment of the water treatment plant performance from current
and historical water quality data, an evaluation of each major (treatment) unit
process, an identification and prioritization of the water treatment plant performance
limiting factors, and an assessment by the Authority if additional comprehensive
technical assistance would be beneficial to the water system. The CPE results must
be written into a report and submitted to the public water system by the Authority.
(5) The public
water system receiving the CPE report must respond in writing to the Authority or
the local county health department within 45 days (for systems serving at least
10,000 people) or 120 days (for systems serving less than 10,000 people) of receiving
the report as required by OAR 333-061-0040(1)(j). The response of the public water
system must include:
(a) The plan
the public water system will follow to resolve or correct the identified performance
limiting factors that are within the water system's (and its governing body) ability
to control; and
(b) The schedule
the public water system will follow to execute the plan.
(6) The public
water system must take corrective action through the CCP according to the schedule
identified in subsection (5)(b) of this rule to resolve the performance limiting
factors identified. Failure by the water system to take corrective action to resolve
the performance limiting factors constitutes a violation of these rules.
Stat. Auth.: ORS
448.150

Stats. Implemented:
ORS 431.123, 448.131, 448.175 & 448.273

Hist.: OHD
23-2001, f. & cert. ef. 10-31-01; PH 12-2003, f. & cert. ef. 8-15-03; PH
4-2009, f. & cert. ef. 5-18-09; PH 7-2010, f. & cert. ef. 4-19-10; PH 3-2013,
f. & cert. ef. 1-25-13
333-061-0080
Role of Counties
(1) Counties may develop water service plans to encourage small
water systems to consolidate where possible.
(2) Prior to issuing building permits, the issuing agency must
certify that the Authority has approved construction and installation
plans for water system developments proposed after August 21, 1981.
They must additionally certify that the water system development plan
does not violate the water service plans for the city or county where
the building permit will be issued.
(3) Counties or boundary commissions are authorized to approve the
formation, dissolution, consolidation and expansion of water systems
not owned by cities. In doing so, counties or boundary commissions
should consider whether water service is extended in a logical
fashion and whether water systems have a financial base sufficient
for operation and maintenance.
(4) The Authority may delegate upon request any of its duties as
set forth in these rules to counties. In doing so, theAuthority shall
require assurances that the county shall:
(a) Employ sufficient qualified personnel to perform the duties
involved;
(b) Perform the duties involved continuously for the duration of
the delegation;
(c) Report periodically on the nature and status of the activities
being performed.
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 448.165 & 448.170

Hist.: HD 4-1982, f. & ef. 2-26-82; HD 2-1983, f. & ef.
2-23-83
333-061-0085
Supplemental Fluoridation
(1) When fluoride compounds are added at public water systems for
the prevention of dental caries, it shall be done in accordance with
the following:
(a) The chemical feed apparatus shall be of a type specifically
designed for metering fluoride compounds in proportion to the flow of
water being treated. The apparatus shall possess an accuracy
tolerance of no more than plus or minus five percent and shall be
designed and installed in a manner such that the injection of
fluoride compounds is terminated when the water being treated ceases
to flow;
(b) The specifications for the fluoride compounds shall conform
with the most current AWWA standards as follows:
(A) Sodium fluoride -- AWWA B701.
(B) Sodium fluorosilicate -- AWWA B702.
(C) Fluorosilicic acid -- AWWA B703.
(c) Respirators, replacement units and other safety equipment
shall be stored in approved, dust-proof containers or cabinets when
not in use.
(2) Prior to the application of fluoride compounds at public water
systems, the water supplier shall submit to the Authority and
receive approval for:
(a) Plans and specifications for the equipment with information on
the testing instruments and protective devices for the operating
personnel;
(b) Specifications of the fluoride compound to be used;
(c) Qualifications and training record of the person in
responsible charge of the fluoridation operation;
(d) Current chemical analysis of the unfluoridated water.
(3) During operation of the fluoridation equipment, the operator
shall:
(a) Not exceed 2.0 mg/l of fluoride in the finished water;
(b) Maintain all equipment in good working order;
(c) Make determinations of the fluoride content by approved
methods on:
(A) The unfluoridated water as required by the Authority;
(B) The fluoridated water daily.
(d) Record daily the amount of fluoride added to the water, the
quantity of water treated and the fluoride levels of the treated
water. These records shall be submitted to the Authority
monthly;
(e) Submit a split sample of the fluoridated water to the
Authority for analysis as the Authority may require;
(f) Maintain and use safety equipment as required in this
section.
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 431.110, 431.150, 448.131, 448.150 &
448.273

Hist.: HD 106, f. & ef. 2-6-76; HD 17-1981(Temp), f. & ef.
8-28-81; HD 4-1982, f. & ef. 2-26-82; Renumbered from
333-042-0225; HD 2-1983, f. & ef. 2-23-83; HD 11-1985, f. &
ef. 7-2-85; HD 9-1989, f. & cert. ef. 11-13-89; HD 14-1997, f.
& cert. ef. 10-31-97; OHD 17-2002, f. & cert. ef. 10-25-02;
PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04; PH 20-2004,
f. & cert. ef. 6-18-04
333-061-0087
Product Acceptability
Criteria
(1) Any pipe, solder,
or flux which is used in the installation or repair of:
(a) Any public
water system, or
(b) Any plumbing
in a residential or nonresidential facility providing water for human consumption
shall be lead free. This subsection shall not apply to leaded joints necessary for
the repair of cast iron pipes.
(2) Labeling
of Solders. No solder containing more than 0.20 percent lead shall be sold in Oregon
after July 1, 1985, unless said solder contains a warning label, prominently displayed,
which states, "Contains Lead. Oregon Law prohibits the use of this solder in making
up joints and fittings in any private or public potable water supply system or any
individual water user's line". Solder to be used in making up joints and fittings
in any private or public potable water supply system or any individual water user's
line shall meet ASTM Specification B32-76.
(3) Plumbing
piping shall not be used for electrical grounding in any new construction.
(4) Use of
lead pipe prohibited. No lead pipe shall be used in any potable water system. Persons
who own or operate a public water system shall submit a compliance schedule, acceptable
to the Authority, for the identification and removal of all lead service pipes or
they shall certify to the Authority that no lead service piping exists in the system.
The compliance schedule or the certification shall be submitted for approval by
July 1, 1985.
(5) Materials
and products which come into contact with drinking water supplied by public water
systems or which come into contact with drinking water treatment chemicals used
by public water systems shall meet the requirements of NSF Standard 61 Drinking
Water System Components — Health Effects (Revised October 1988) or equivalent.
These materials and products include but are not limited to process media, protective
materials, joining and sealing materials, pipes and related products, and mechanical
devices used in treatment, transmission, and distribution systems.
(6) Products
added to public water systems for treatment, purposes including but not limited
to disinfection, oxidation, filtration, scale control, corrosion control, pH adjustment,
softening, precipitation, sequestering, fluoridation, coagulation, flocculation,
and water well treatment shall meet the requirements of NSF Standard 60 - Drinking
Water Treatment Chemicals - Health Effects (Revised October 1988) or equivalent.
(7) Point-of-use
reverse osmosis drinking water treatment systems and materials and components used
in these systems designed to be used for the reduction of specific contaminants
from public water supplies shall meet the requirements of NSF Standard 58 —
Reverse Osmosis Drinking Water Treatment Systems — or equivalent.
(8) Point-of-use
and point-of-entry drinking water treatment units, other than reverse osmosis units,
designed to be used for the reduction of specific contaminants from public water
supplies shall meet the requirements of NSF Standards 53 — Drinking Water
Treatment Units -Health Effects — or equivalent.
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.:
ORS 448.131

Stats. Implemented:
ORS 448.115 & 448.131

Hist.: HD
18-1984, f. & ef. 9-4-84; HD 3-1988(Temp), f. & cert. ef. 2-12-88; HD 17-1988,
f. & cert. ef. 7-27-88; HD 9-1989, f. & cert. ef. 11-13-89; OHD 17-2002,
f. & cert. ef. 10-25-02; PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04;
PH 20-2004, f. & cert. ef. 6-18-04; PH 3-2013, f. & cert. ef. 1-25-13
333-061-0090
Penalties
(1) Violation of these rules shall be
punishable as set forth in ORS 448.990 which stipulates that violation of any section
of these rules is a Class A misdemeanor.
(2) Pursuant to ORS 448.280,
448.285 and 448.290, any person who violates these rules shall be subject to a civil
penalty. Each and every violation is a separate and distinct offense, and each day's
violation is a separate and distinct violation.
(3) The civil penalty for
the following violations shall not exceed $1,000 per day for each violation:
(a) Failure to obtain approval
of plans prior to the construction of water system facilities;
(b) Failure to construct
water system facilities in compliance with approved plans;
(c) Failure to take immediate
action to correct maximum contaminant level violations;
(d) Failure to comply with
sampling and analytical requirements;
(e) Failure to comply with
reporting and public notification requirements;
(f) Failure to meet the conditions
of a compliance schedule developed under a variance or permit;
(g) Failure to comply with
cross connection control requirements;
(h) Failure to comply with
the operation and maintenance requirements;
(i) Failure to comply with
an order issued by the Authority; and
(j) Failure to utilize an
operator in direct responsible charge of a water system.
(4) Civil penalties shall
be based on the population served by public water systems and shall be in accordance
with Table 51 below: [Table not included. See ED. NOTE.]
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 431.120,
431.150, 448.150, 448.280, 448.285 & 448.290

Hist.: HD 106, f. & ef.
2-6-76; HD 17-1981(Temp), f. & ef. 8-28-81; HD 4-1982, f. & ef. 2-26-82;
Renumbered from 333-042-0245, HD 2-1983, f. & ef. 2-23-83; HD 3-1987, f. &
ef. 2-17-87; HD 9-1989, f. & cert. ef. 11-13-89; HD 26-1990, f. 12-26-90, cert.
ef. 12-29-90; OHD 4-1999, f. 7-14-99, cert. ef. 7-15-99; OHD 3-2000, f. 3-8-00,
cert. ef. 3-15-00; OHD 17-2002, f. & cert. ef. 10-25-02; PH 16-2004(Temp), f.
& cert. ef. 4-9-04 thru 10-5-04; PH 20-2004, f. & cert. ef. 6-18-04; PH
33-2004, f. & cert. ef. 10-21-04; PH 2-2006, f. & cert. ef. 1-31-06; PH
4-2009, f. & cert. ef. 5-18-09; PH 7-2010, f. & cert. ef. 4-19-10; PH 3-2013,
f. & cert. ef. 1-25-13; PH 14-2014, f. & cert. ef. 5-8-14
333-061-0095
Severability
These rules are severable, if any rule or part thereof or the
application of such rule to any person or circumstance is declared
invalid, that invalidity shall not affect the validity of any
remaining portion of these rules.
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 448.131

Hist.: HD 17-1981(Temp), f. & ef. 8-28-81; HD 4-1982, f. &
ef. 2-26-82; HD 2-1983, f. & ef. 2-23-83
333-061-0097
Adverse
Health Effects Language
When providing
the information on potential adverse health effects required by these rules in notices
of violations of maximum contaminant levels, maximum residual disinfectant levels,
treatment technique requirements, or notices of the granting or the continued existence
of variances or permits, or notices of failure to comply with a variance or permit
schedule, the owner or operator of a public water system shall include the language
specified below for each contaminant.
(1) Adverse
Health Effects for Organic Chemicals:
(a) Volatile
Organic Chemicals (VOCs):
(A) Benzene.
Some people who drink water containing benzene in excess of the MCL over many years
could experience anemia or a decrease in blood platelets, and may have an increased
risk of getting cancer.
(B) Carbon
tetrachloride. Some people who drink water containing carbon tetrachloride in
excess of the MCL over many years could experience problems with their liver and
may have an increased risk of getting cancer.
(C) Chlorobenzene.
Some people who drink water containing chlorobenzene in excess of the MCL over many
years could experience problems with their liver or kidneys.
(D) o-Dichlorobenzene.
Some people who drink water containing o-dichlorobenzene well in excess of the MCL
over many years
could experience problems with their liver, kidneys, or circulatory systems.
(E) p-Dichlorobenzene.
Some people who drink water containing p-dichlorobenzene in excess of the MCL over
many years could experience anemia, damage to their liver, kidneys, or spleen, or
changes in their blood.
(F) 1,2-Dichloroethane.
Some people who drink water containing 1,2-dichloroethane in excess of the MCL over
many years may have an increased risk of getting cancer.
(G) 1,1-Dichloroethylene.
Some people who drink water containing 1,1-dichloroethylene in excess of the MCL
over many years could experience problems with their liver.
(H) cis-1,2-Dichloroethylene.
Some people who drink water containing cis-1,2-dichloroethylene in excess of the
MCL over many years could experience problems with their liver.
(I) trans-1,2-Dichloroethylene.
Some people who drink water containing trans-1,2- dichloroethylene well in excess
of the MCL over many years could experience problems with their liver.
(J) Dichloromethane (methylene chloride). Some people who drink water containing dichloromethane
in excess of the MCL over many years could have liver problems and may have an increased
risk of getting cancer.
(K) 1,2-Dichloropropane.
Some people who drink water containing 1,2-dichloropropane in excess of the MCL
over many years may have an increased risk of getting cancer.
(L) Ethylbenzene.
Some people who drink water containing ethylbenzene well in excess of the MCL over
many years could experience problems with their liver or kidneys.
(M) Styrene.
Some people who drink water containing styrene well in excess of the MCL over many
years could have problems with their liver, kidneys, or circulatory system.
(N) Tetrachloroethylene (PCE). Some people who drink water containing tetrachloroethylene in excess
of the MCL over many years could have problems with their liver, and may have an
increased risk of getting cancer.
(O) 1,2,4-trichlorobenzene.
Some people who drink water containing 1,2,4-trichlorobenzene well in excess of
the MCL over many years could experience changes in their adrenal glands.
(P) 1,1,1-Trichloroethane.
Some people who drink water containing 1,1,1- trichloroethane in excess of the MCL
over many years could experience problems with their liver, nervous system, or circulatory
system.
(Q) 1,1,2-Trichloroethane.
Some people who drink water containing 1,1,2-trichloroethane well in excess of the
MCL over many years could have problems with their liver, kidneys, or immune systems.
(R) Trichloroethylene.
Some people who drink water containing trichloroethylene in excess of the MCL over
many years could experience problems with their liver and may have an increased
risk of getting cancer.
(S) Toluene.
Some people who drink water containing toluene well in excess of the MCL over many
years could have problems with their nervous system, kidneys, or liver.
(T) Vinyl
chloride. Some people who drink water containing vinyl chloride in excess of
the MCL over many years may have an increased risk of getting cancer.
(U) Xylenes.
Some people who drink water containing xylenes in excess of the MCL over many years
could experience damage to their nervous system.
(b) Synthetic
Organic Chemicals (SOCs):
(A) 2,4-D.
Some people who drink water containing the weed killer 2,4-D well in excess of the
MCL over many years could experience problems with their kidneys, liver, or adrenal
glands.
(B) 2,4,5-TP (Silvex). Some people who drink water containing 2,4,5-TP in excess of
the MCL over many years could experience liver problems.
(C) Alachlor.
Some people who drink water containing alachlor in excess of the MCL over many years
could have problems with their eyes, liver, kidneys, or spleen, or experience anemia,
and may have an increased risk of getting cancer.
(D) Atrazine.
Some people who drink water containing atrazine well in excess of the MCL over many
years could experience problems with their cardiovascular system or reproductive
difficulties.
(E) Benzo(a)pyrene.
Some people who drink water containing benzo(a)pyrene in excess of the MCL over
many years may experience reproductive difficulties and may have an increased risk
of getting cancer.
(F) Carbofuran.
Some people who drink water containing carbofuran in excess of the MCL over many
years could experience problems with their blood, or nervous or reproductive systems.
(G) Chlordane.
Some people who drink water containing chlordane in excess of the MCL over many
years could experience problems with their liver or nervous system, and may have
an increased risk of getting cancer.
(H) Dalapon.
Some people who drink water containing dalapon well in excess of the MCL over many
years could experience minor kidney changes.
(I) Di(2-ethylhexyl)adipate.
Some people who drink water containing di(2-ethylhexyl)adipate well in excess of
the MCL over many years could experience toxic effects such as weight loss, liver
enlargement or possible reproductive difficulties.
(J) Di(2-ethylhexyl)phthalate.
Some people who drink water containing di(2-ethylhexyl)phthalate well in excess
of the MCL over many years may have problems with their liver or experience reproductive
difficulties, and may have an increased risk of getting cancer.
(K) Dibromochloropropane (DBCP). Some people who drink water containing DBCP in excess of the MCL
over many years could experience reproductive difficulties and may have an increased
risk of getting cancer.
(L) Dinoseb.
Some people who drink water containing dinoseb well in excess of the MCL over many
years could experience reproductive difficulties.
(M) Diquat.
Some people who drink water containing diquat in excess of the MCL over many years
could get cataracts.
(N) Dioxin (2,3,7,8-TCDD). Some people who drink water containing
dioxin in excess of the MCL over many years could experience reproductive difficulties
and may have an increased risk of getting cancer.
(O) Endothall.
Some people who drink water containing endothall in excess of the MCL over many
years could experience problems with their stomach or intestines.
(P) Endrin.
Some people who drink water containing endrin in excess of the MCL over many years
could experience liver problems.
(Q) Ethylene
dibromide (EDB). Some people who drink water containing ethylene dibromide
in excess of the MCL over many years could experience problems with their liver,
stomach, reproductive system, or kidneys, and may have an increased risk of getting
cancer.
(R) Glyphosate.
Some people who drink water containing glyphosate in excess of the MCL over many
years could experience problems with their kidneys or reproductive difficulties.
(S) Heptachlor.
Some people who drink water containing heptachlor in excess of the MCL over many
years could experience liver damage and may have an increased risk of getting cancer.
(T) Heptachlor
epoxide. Some people who drink water containing heptachlor epoxide in excess
of the MCL over many years could experience liver damage and may have an increased
risk of getting cancer.
(U) Hexachlorobenzene.
Some people who drink water containing hexachlorobenzene in excess of the MCL over
many years could experience problems with their liver or kidneys or adverse reproductive
effects, and may have an increased risk of getting cancer.
(V) Hexachlorocyclopentadiene.
Some people who drink water containing hexachlorocyclopentadiene well in excess
of the MCL over
many years could experience problems with their kidneys or stomach.
(W) Lindane. Some
people who drink water containing lindane in excess of the MCL over many years could
experience problems with their kidneys or liver.
(X) Methoxychlor.
Some people who drink water containing methoxychlor in excess of the MCL over many
years could experience reproductive difficulties.
(Y) Oxamyl.
Some people who drink water containing oxamyl in excess of the MCL over many years
could experience slight nervous system effects.
(Z) Polychlorinated
biphenyls (PCBs). Some people who drink water containing polychlorinated
biphenyls in excess of the MCL over many years could experience changes in their
skin, problems with their thymus gland, immune deficiencies or reproductive or nervous
system difficulties, and may have an increased risk of getting cancer.
(AA) Pentachlorophenol.
Some people who drink water containing pentachlorophenol in excess of the MCL over
many years could experience problems with their liver or kidneys, and may have an
increased risk of getting cancer.
(BB) Picloram.
Some people who drink water containing picloram in excess of the MCL over many years
could experience problems with their liver.
(CC) Simazine.
Some people who drink water containing simazine in excess of the MCL over many years
could experience problems with their blood.
(DD) Toxaphene.
Some people who drink water containing toxaphene in excess of the MCL over many
years could have problems with their kidneys, liver, or thyroid, and may have an
increased risk of getting cancer.
(2) Special
Notice for Lead and Copper.
(a) Mandatory
health effects information. When providing the information in public notices on
the potential adverse health effects of lead in drinking water, the owner or operator
of the water system shall include the following specific language in the notice:
"Infants
and children who drink water containing lead in excess of the action level could
experience delays in their physical or mental development. Children could show slight
deficits in attention span and learning abilities. Adults who drink this
water over many years could develop kidney problems or high blood pressure."
(b) Mandatory
health effects information. When providing information on the potential adverse
health effects of copper in drinking water, the owner or operator of the water system
shall include the following specific language in the notice:
"Copper
is an essential nutrient, but some people who drink water containing copper in excess
of the action level over a relatively short amount of time could experience gastrointestinal
distress. Some people who drink water containing copper in excess of the
action level over many years could suffer liver or kidney damage. People
with Wilson's Disease should consult their personal doctor."
(3) Inorganics
— public notice language.
(a) Antimony.
Some people who drink water containing antimony well in excess of the MCL over many
years could experience increases in blood cholesterol and decreases in blood sugar.
(b) Arsenic.
Some people who drink water containing arsenic in excess of the MCL over many years
could experience skin damage or problems with their circulatory system, and may
have an increased risk of getting cancer.
(c) Asbestos.
Some people who drink water containing asbestos in excess of the MCL over many years
may have an increased risk of developing benign intestinal polyps.
(d) Barium.
Some people who drink water containing barium in excess of the MCL over many years
could experience an increase in their blood pressure.
(e) Beryllium.
Some people who drink water containing beryllium well in excess of the MCL over
many years could develop intestinal lesions.
(f) Cadmium.
Some people who drink water containing cadmium in excess of the MCL over many years
could experience kidney damage.
(g) Chromium.
Some people who use water containing chromium well in excess of the MCL over many
years could experience allergic dermatitis.
(h) Cyanide.
Some people who drink water containing cyanide well in excess of the MCL over many
years could experience nerve damage or problems with their thyroid.
(i) Fluoride.
Some people who drink water containing fluoride in excess of the MCL (4.0 mg/l)
over many years could get bone disease, including pain and tenderness of the bones.
Fluoride in drinking water at half the MCL (2.0mg/l) or more may cause mottling
of children's teeth, usually in children less than nine years old. Mottling, also
known as dental fluorosis, may include brown staining and/or pitting of the teeth,
and occurs only in developing teeth before they erupt from the gums.
(j) Mercury.
Some people who drink water containing inorganic mercury well in excess of the MCL
over many years could experience kidney damage.
(k) Nitrate (as nitrogen). Infants below the age of 6 months who drink water containing
nitrate in excess of the MCL could become seriously ill and, if untreated, may die.
Symptoms include shortness of breath and blue baby syndrome.
(l) Nitrite.
Infants below the age of 6 months who drink water containing nitrite in excess of
the MCL could become seriously ill and, if untreated, may die. Symptoms include
shortness of breath and blue baby syndrome.
(m) Total Nitrate and Nitrite. Infants below the age of 6 months who drink water
containing nitrate and nitrite in excess of the MCL could become seriously ill and,
if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.
(n) Selenium.
Selenium is an essential nutrient. However, some people who drink water containing
selenium in excess of the MCL over many years could experience hair or fingernail
losses, numbness in fingers or toes, or problems with their circulation.
(o) Thallium.
Some people who drink water containing thallium in excess of the MCL over many years
could experience hair loss, changes in their blood, or problems with their kidneys,
intestines, or liver.
(4) Special
Notice for microbiological contaminants.
(a) When
providing information in public notices required under OAR 333-061-0042(2)(b)(A)
for a violation of total coliform bacteria (333-061-0030(4)(a)), the owner or operator
of the water system shall include the following specific language in the notice:
"Coliforms
are bacteria that are naturally present in the environment and are used as an indicator
that other, potentially harmful, bacteria may be present. Coliforms were found in
more samples than allowed and this was a warning of potential problems."
(b) When
providing information in Public Notices required under OAR 333-061-0042(2)(a)(A)
or 333-061-0042(2)(a)(G) for a violation of fecal coliform/E. coli bacteria
(333-061-0030(4)(b)), the owner or operator of the water system shall include the
following specific language in the notice:
"Fecal
coliforms and E. Coli are bacteria whose presence indicates that the water may be
contaminated with human or animal wastes. Microbes in these wastes can cause short-term
effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young
children, some of the elderly, and people with severely compromised immune systems."
(c) When
providing information under OAR 333-061-0042(2)(b)(A) and 333-061-0030(4)(a) for
a violation of total coliform bacteria maximum contaminant level, where the violation
has been shown to result from persistent coliform growth in the distribution system,
the owner or operator may include the following specific language in the notice
with approval from the Authority. This language may be used in addition to, but
not in place of, the mandatory language contained in 333-061-0097(4)(a):
"In
this case, coliforms are present on inside surfaces of water mains and piping even
in the presence of a disinfectant and even though proper water treatment and water
system operation has taken place. This presence of coliforms presents no
hazard to the health of water users, but does interfere with the water system's
sampling program. Correction of the problem is difficult and may involve temporary
treatment changes that may cause noticeable changes in the water's taste, odor,
or appearance. These corrective actions will be carried out after the water system submits a plan
which is approved by the Oregon Health Authority."
(d) Turbidity. Turbidity
has no health effects. However, turbidity can interfere with disinfection and provide
a medium for microbial growth. Turbidity may indicate the presence of disease-causing
organisms. These organisms include, bacteria, viruses, and parasites that can cause
symptoms such as nausea, cramps, diarrhea and associated headaches.
(5) Treatment
Techniques — Public Notice Language.
(a) Acrylamide.
Some people who drink water containing high levels of acrylamide over a long period
of time could have problems with their nervous system or blood, and may have an
increased risk of getting cancer.
(b) Epichlorohydrin.
Some people who drink water containing high levels of epichlorohydrin over a long
period of time could experience stomach problems, and may have an increased risk
of getting cancer.
(c) Surface
Water Treatment Rule (Giardia, viruses, heterotrophic plate count bacteria,
Legionella), Interim Enhanced Surface Water Treatment Rule (Giardia,
viruses, heterotrophic plate count bacteria, Legionella and Cryptosporidium), Long Term 1 Enhanced Surface Water Treatment Rule (Giardia, viruses, heterotrophic
plate count bacteria, Legionella and Cryptosporidium) and Filter Backwash
Recycling Rule (Cryptosporidium). Inadequately treated water may contain
disease-causing organisms. These organisms include bacteria, viruses, and parasites
which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.
(d) Groundwater.
Inadequately treated or inadequately protected water may contain disease-causing
organisms. These organisms can cause symptoms such as diarrhea, nausea, cramps,
and associated headaches.
(e) Use
of an emergency groundwater source that has been identified as potentially groundwater
under direct influence of surface water, but has not been fully evaluated. This
type of source may not be treated sufficiently to inactivate pathogens such as Giardia
lamblia and Cryptosporidium.
(6) Disinfectant
and Disinfection Byproducts — Special Adverse Health Effects Language.
(a) Total
Trihalomethanes (TTHMs). Some people who drink water containing trihalomethanes
in excess of the MCL over many years may experience problems with their liver, kidneys,
or central nervous system, and may have an increased risk of getting cancer.
(b) Haloacetic
Acids (HAA). Some people who drink water containing haloacetic acids
in excess of the MCL over many years may have an increased risk of getting cancer.
(c) Chlorine.
Some people who use water containing chlorine well in excess of the MRDL could experience
irritating effects to their eyes and nose. Some people who drink water containing
chlorine well in excess of the MRDL could experience stomach discomfort.
(d) Chloramines.
Some people who use water containing chloramines well in excess of the MRDL could
experience irritating effects to their eyes and nose. Some people who drink water
containing chloramines well in excess of the MRDL could experience stomach discomfort
or anemia.
(e) Chlorine
dioxide. (where any 2 consecutive daily samples taken at the entrance to the
distribution system are above the MRDL). Some infants and young children who drink
water containing chlorine dioxide in excess of the MRDL could experience nervous
system effects. Similar effects may occur in fetuses of pregnant women who drink
water containing chlorine dioxide in excess of the MRDL. Some people may experience
anemia.
NOTE:
In addition to the language in this introductory text of subsection (6)(e) of this
rule, water systems must include either the language in paragraphs (6)(e)(A) or
(6)(e)(B) of this rule. Water systems with a violation at the treatment plant,
but not in the distribution system, are required to use the language in paragraph
(6)(e)(A) of this rule and treat the violation as a non-acute violation. Water
systems with a violation in the distribution system are required to use the language
in paragraph (6)(e)(B) of this rule and treat the violation as an acute violation.
(A) The
chlorine dioxide violations reported today are the result of exceedances at the
treatment facility only, and do not include violations within the distribution system
serving users of this water supply. Continued compliance with chlorine dioxide levels
within the distribution system minimizes the potential risk of these violations
to present consumers.
(B) The
chlorine dioxide violations reported today include exceedances of the EPA standard
within the distribution system serving water users. Violations of the chlorine dioxide
standard within the distribution system may harm human health based on short-term
exposures. Certain groups, including fetuses, infants, and young children, may be
especially susceptible to nervous system effects of excessive exposure to chlorine
dioxide-treated water. The purpose of this notice is to advise that such persons
should consider reducing their risk of adverse effects from these chlorine dioxide
violations by seeking alternate sources of water for human consumption until such
exceedances are rectified. Local and State health authorities are the best sources
for information concerning alternate drinking water.
(f) Bromate.
Some people who drink water containing bromate in excess of the MCL over many years
may have an increased risk of getting cancer.
(g) Chlorite.
Some infants and young children who drink water containing chlorite in excess of
the MCL could experience nervous system effects. Similar effects may occur in fetuses
of pregnant women who drink water containing chlorite in excess of the MCL. Some
people may experience anemia.
(h) Total
Organic Carbon (TOC). Total Organic Carbon (TOC) has no health effects.
However, TOC provides a medium for the formation of disinfection byproducts (DBPs).
These byproducts include trihalomethanes and haloacetic acids. Drinking water containing
these byproducts in excess of the MCL may lead to adverse health effects, liver
or kidney problems, or nervous system effects, and may lead to an increased risk
of getting cancer.
(7) Adverse
health effects for radionuclides:
(a) Beta/photon
emitters. Certain minerals are radioactive and may emit forms of radiation known
as photons and beta radiation. Some people who drink water containing beta and photon
emitters in excess of the MCL over many years may have an increased risk of getting
cancer.
(b) Alpha
emitters. Certain minerals are radioactive and may emit a form of radiation
known as alpha radiation. Some people who drink water containing alpha emitters
in excess of the MCL over many years may have an increased risk of getting cancer.
(c) Combined
Radium-226/228. Some people who drink water containing radium-226
or -228 in excess of the MCL over many years may have an increased risk of getting
cancer.
(d) Uranium.
Some people who drink water containing uranium in excess of the MCL over many years
may have an increased risk of getting cancer and kidney toxicity.
Stat.
Auth.: ORS 448.131

Stats.
Implemented: ORS 431.110, 431.150, 448.131. 448.150, 448.273 & 448.279

Hist.:
HD 9-1989, f. & cert. ef. 11-13-89; HD 26-1990, f. 12-26-90, cert. ef. 12-29-90;
HD 9-1991(Temp), f. & cert. ef. 6-24-91; HD 1-1992, f. & cert. ef. 3-5-92;
HD 7-1992, f. & cert. ef. 6-9-92; HD 12-1992, f. & cert. ef. 12-7-92; HD
3-1994, f. & cert. ef. 1-14-94; HD 11-1994, f. & cert. ef. 4-11-94; HD 1-1996,
f. 1-2-96, cert. ef. 1-5-96; OHD 7-2000, f. 7-11-00, cert. ef. 7-15-00; OHD 23-2001,
f. & cert. ef. 10-31-01; OHD 17-2002, f. & cert. ef. 10-25-02; PH 12-2003,
f. & cert. ef. 8-15-03; PH 33-2004, f. & cert. ef. 10-21-04; PH 2-2006,
f. & cert. ef. 1-31-06; PH 4-2009, f. & cert. ef. 5-18-09
333-061-0098
References
All standards, listings
and publications referred to in these rules are by those references made a part
of these rules as though fully set forth. Copies are available from the Oregon Health
Authority, Public Health Division.
(1) American
Society for testing and materials (ASTM) specification B32-83 (solder)
(2) American
Water Works Association (AWWA) Standards
(3) Clean
Water Act (EPA)
(4) Code
of Federal Regulations (40 CFR: 141.21-.25, 141.30 - Inorganics, etc.)
(5) Code
of Federal Regulations (21 CFR: 103, 110 and 129 - Bottled water)
(6) Federal
Insecticide, Fungicide and Rodenticide ACT (FIFRA-EPA)
(7) Manual
of Cross Connection Control, USC 10th Edition, October 2009
(8) National
Bureau of Standards (NBS) Handbook 69, - Maximum Permissible Body Burdens and Maximum
Permissible Concentrations of Radionuclides in Air and Water for Occupational Exposure
(9) National
Primary Drinking Water Regulations (40 CFR 141 and 142)
(10) NSF
Standard 53 - Drinking Water Treatment Units - Health Effects
(11) NSF
Standard 58 - Reverse Osmosis Drinking Water Treatment Systems
(12) NSF
Standard 60 - Drinking Water Treatment Chemicals -Health Effects
(13) NSF
Standard 61, Section 9 - Drinking Water System Components - Health Effects
(14) National
Secondary Drinking Water Regulations (40 CFR 143)
(15) Oregon
Administrative Rules Chapter 437 (Oregon OSHA)
(16) Oregon
Administrative Rules Chapter 660, Division 011(Public Facilities Planning)
(17) Oregon
Administrative Rules Chapter 660, Division 031(Land Conservation & Development)
(18) Oregon
Administrative Rules Chapter 690, Divisions 200 through 220 (General standards for
the construction and maintenance of water wells in Oregon, Water Resources Department)
(19) Oregon
Revised Statutes 197 (Land Conservation & Development)
(20) Oregon
Revised Statutes 215 and 227 (Land Use Planning)
(21) Oregon
Revised Statutes 448 (Public Water Systems)
(22) Oregon
Revised Statutes 468.700 to 468.990 (DEQ)
(23) Oregon
Revised Statutes 527.610 to 527.990 (Dept. of Forestry)
(24) Oregon
Revised Statutes 536.220 to 536.360 (Water Resources)
(25) Oregon
Revised Statutes 634.992 (Dept. of Agriculture)
(26) Oregon
State Plumbing Code
(27) Standard
Methods for the Examination of Water and Wastewater, 22nd Edition, 2012.
(28) Supplement
to the 19th Edition of Standard Methods for the Examination of Water and Wastewater,
1996.
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.:
ORS 448.131

Stats. Implemented:
ORS 431.110, 431.150, 448.131, 448.150, 448.273 & 448.279

Hist.: HD
9-1989, f. & cert. ef. 11-13-89; HD 12-1992, f. & cert. ef. 12-7-92; HD
3-1994, f. & cert. ef. 1-14-94; HD 1-1996, f. 1-2-96, cert. ef. 1-5-96; OHD
7-2000, f. 7-11-00, cert. ef. 7-15-00; PH 3-2013, f. & cert. ef. 1-25-13

Public Water Systems/Certification

333-061-0210
Scope
OAR 333-061-0210 through 333-061-0272
apply to community and non-transient non-community public water systems, water suppliers
responsible for these types of water systems, and the operators of water treatment
plants and distribution systems at community and non-transient non-community public
water systems.
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 448.450,
448.455, 448.460, 448.465 & 448.994

Hist.: HD 2-1988(Temp), f.
& cert. ef. 2-10-88; HD 18-1988, f. & cert. ef. 7-27-88; OHD 7-2002, f.
& cert. ef. 5-2-02; PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04;
PH 20-2004, f. & cert. ef. 6-18-04; PH 33-2004, f. & cert. ef. 10-21-04;
PH 14-2014, f. & cert. ef. 5-8-14
333-061-0220
Classification of Water Treatment
Plants and Water Distribution Systems
Water treatment plants and distribution
systems at community and non-transient non-community public water systems are classified
based on the size and complexity of the water system facility. Classification of
a water system or water system facility determines the level of certification required
for operators in direct responsible charge of a water system or water system facility
as prescribed by OAR 333-061-0225.
(1) Small water system classification
applies when a water system serves 150 service connections or less and:
(a) Uses only groundwater
as its source; or
(b) Purchases finished water
from another public water system.
(2) Water distribution classification
applies when a water system is not classified as small in accordance with section
(1) of this rule, and is based on the population served by the water system as follows:
Classification: — Population Served:
Water Distribution 1 — 1
to 1,500.
Water Distribution 2 — 1,501
to 15,000.
Water Distribution 3 — 15,001
to 50,000.
Water Distribution 4 — 50,001
or more
(3) Water treatment classification applies
to water treatment plants when:
(a) A water system is not
classified as small in accordance with section (1) of this rule; and
(b) Treatment is provided
for contaminants identified in OAR 333-061-0030(1) through (5) and (7) by that water
treatment plant.
(c) Water treatment classification
is based on a point system that reflects the complexity of water treatment present.
Points are assigned as follows:
Item — Points.
Treatment system size: (population
served or flow whichever is greater).
Population served — 1/10,000
(max 30).
Average daily flow — 1/1
mgd (max 30).
Treatment system water source:
Groundwater: — 3.
Surface Water or Groundwater Under
the Influence of Surface Water — 5.
Chemical Treatment/Addition Process:
Fluoridation — 5.
Disinfection:
Ultraviolet (UV) — 2.
UV with Chlorine Residual —
5.
Ammonia/Chloramination —
3.
Chlorine — 5.
Mixed Oxidants — 7.
Ozonation (on-site generation)
— 10.
Residual Maintenance — 0.
pH adjustment:
Slaked-Quicklime (Calcium Oxide)
— 5.
Hydrated Lime (Calcium Hydroxide)
— 4.
All others — 1.
(hydrochloric acid, sodium hydroxide,
sulfuric acid, sodium carbonate).
Coagulation & Flocculation
processes:
Chemical addition — 1–5.
(1 point for each type of chemical
coagulant or polymer added, maximum 5 points).
Rapid mix units:
Mechanical mixers — 3.
Injection mixers — 2.
In-line blender mixers —
2.
Flocculation units:
Hydraulic flocculators —
2.
Mechanical flocculators —
3.
Clarification and Sedimentation
Processes:
Adsorption Clarifier — 10.
Horizontal-flow (rectangular basins)
— 5.
Horizontal-flow (round basins)
— 7.
Up-flow solid contact sedimentation
— 15.
Inclined-plate sedimentation —
10.
Tube sedimentation — 10.
Dissolved air flotation —
10.
Filtration Processes:
Single/mono media filtration —
3.
Dual or mixed media filtration
— 5.
Membrane Filtration/Microscreens
— 5.
Direct — 5.
Diatomaceous earth — 12.
Slow sand filtration — 5.
Cartridge/bag filters — 5.
Pressure or greensand filtration
— 10.
Stability or Corrosion Control:
Slaked-Quicklime (calcium oxide)
— 10.
Hydrated Lime (calcium hydroxide)
— 8.
Caustic soda (sodium hydroxide)
— 6.
Orthophosphate — 5.
Soda ash (sodium carbonate) —
4.
Aeration: Packed tower, Diffusers
— 3.
Calcite — 2.
Others: sodium bicarbonate, silicates
— 4.
Other Treatment Processes:
Aeration — 3.
Packed tower aeration — 5.
Ion exchange/softening —
5.
Lime-soda ash softening —
20.
Copper sulfate treatment —
5.
Powdered activated carbon —
5.
Potassium permanganate —
5.
Special Processes (reverse osmosis,
activated alumina, other) — 15.
Sequestering (polyphosphates) —
3.
Residuals Disposal:
Discharge to lagoons — 5.
Discharge to lagoons and then raw
water source — 8.
Discharge to raw water —
10.
Disposal to sanitary sewer —
3.
Mechanical dewatering — 5.
On-site disposal — 5.
Land application — 5.
Solids composting — 5.
Facility characteristics Instrumentation:
The use of SCADA or similar instrumentation
systems to provide data with no process control — 1.
The use of SCADA or similar instrumentation
systems to provide data with partial process control — 3.
The use of SCADA or similar instrumentation
systems to provide data with complete process control — 5
Clear well size less than average
day design flow — 5.
Classification of Water Treatment
Plants.
Classification — Points:
Water Treatment 1 — 1 to
30.
Water Treatment 2 — 31 to
55.
Water Treatment 3 — 56 to
75.
Water Treatment 4 — 76 or
more.
(4) Filtration endorsement is an additional
classification that applies when a water treatment plant is classified as Water
Treatment 2 and uses conventional or direct filtration treatment to treat surface
water or groundwater under the influence of surface water. Filtration endorsement
certification, as prescribed by OAR 333-061-0235, is required for operators designated
in direct responsible charge of a water treatment plant receiving the filtration
endorsement classification, except for those operators already certified at Water
Treatment Level 3 or higher.
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 448.450,
448.455, 448.460, 448.465 & 448.994

Hist.: HD 2-1988(Temp), f.
& cert. ef. 2-10-88; HD 18-1988, f. & cert. ef. 7-27-88; HD 11-1989(Temp),
f. & cert. ef. 12-29-89; HD 19-1990, f. 6-28-90, cert. ef. 7-2-90; HD 14-1997,
f. & cert. ef. 10-31-97; OHD 7-2002, f. & cert. ef. 5-2-02; PH 16-2004(Temp),
f. & cert. ef. 4-9-04 thru 10-5-04; PH 20-2004, f. & cert. ef. 6-18-04;
PH 33-2004, f. & cert. ef. 10-21-04; PH 2-2006, f. & cert. ef. 1-31-06;
PH 4-2009, f. & cert. ef. 5-18-09; PH 3-2013, f. & cert. ef. 1-25-13; PH
14-2014, f. & cert. ef. 5-8-14
333-061-0225
General Requirements Applying to
Water Suppliers and Water Systems
(1) Water suppliers responsible for
community and non-transient non-community water systems must at all times employ,
contract with, or otherwise utilize an operator to be in direct responsible charge
of every distribution system and water treatment plant. An operator designated in
direct responsible charge of a distribution system or water treatment plant must
be available during those periods of time when decisions relating to treatment processes,
water quality, and water quantity that may affect public health are made.
(a) The operator(s) described
in this section must be certified as prescribed by OAR 333-061-0228 or 333-061-0235
through 0265, at a level equal to or greater than the classification of the distribution
system or water treatment plant as prescribed by 333-061-0220, for which they are
responsible.
(b) A water supplier subject
to this rule must report to the Authority, the name(s) of the operator(s) that has
been designated to be in direct responsible charge of the distribution system and
water treatment plant as applicable, and must notify the Authority within 30 days
of any change of operator.
(2) A water supplier may
employ, contract with, or utilize other operators in addition to those required
by section (1) of this rule. For operators certified at less than the Authority-required
level(s) for distribution or treatment, the water supplier must establish a written
protocol for each of the other operators that:
(a) Describes the operational
decisions the operator is allowed to make;
(b) Requires the operator
to notify the operator in direct responsible charge when they make decisions related
to process control, water quality or water quantity that may affect public health;
(c) Describes the specific
conditions under which the operator must consult with the operator in direct responsible
charge, and when and how consultation is to be made;
(d) Takes into account the
certification level of the operator; their knowledge, skills, and abilities, and
the range of expected operating conditions of the water system; and
(e) Is signed and dated by
the operator in direct responsible charge and the operator to which the protocol
applies, and is available for inspection by the Authority.
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 448.450,
448.455, 448.460, 448.465 & 448.994

Hist.: HD 2-1988(Temp), f.
& cert. ef. 2-10-88; HD 18-1988, f. & cert. ef. 7-27-88; HD 11-1989(Temp),
f. & cert. ef. 12-29-89; HD 19-1990, f. 6-28-90, cert. ef. 7-2-90; HD 1-1996,
f. 1-2-96, cert. ef. 1-5-96; HD 14-1997, f. & cert. ef. 10-31-97; OHD 16-2001(Temp),
f. 7-31-01, cert. ef. 8-1-01 thru 1-28-02; Administrative correction 3-14-02; OHD
7-2002, f. & cert. ef. 5-2-02; PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru
10-5-04; PH 20-2004, f. & cert. ef. 6-18-04; PH 33-2004, f. & cert. ef.
10-21-04; PH 4-2009, f. & cert. ef. 5-18-09; PH 3-2013, f. & cert. ef. 1-25-13;
PH 14-2014, f. & cert. ef. 5-8-14
333-061-0228
Certification Requirements For Small
Water System Operators
(1) In order to apply for certification
as the operator of a water system classified as small as prescribed by OAR 333-061-0220(1),
individuals must:
(a) Have graduated from high
school or completed an approved GED program; and
(A) Complete an Authority
approved training for small water system operations and water treatment processes;
or
(B) Pass an Authority approved
written examination relating to small water system operations and water treatment;
and
(b) Submit a certificate
demonstrating the completion of the required training or examination specified in
paragraphs (1)(a)(A) or (B) of this rule.
(2) Certification at the
small water system level expires on July 31 three years after the training or examination
as specified in paragraphs (1)(a)(A) or (B) was completed.
(3) Individuals certified
as prescribed by OAR 333-061-0235 through 333-061-0265 at levels 1 through 4 for
water distribution or water treatment are qualified to be designated in direct responsible
charge of a water system classified as small as prescribed by 333-061-0220(1).
(4) Small water system certification
as prescribed by this rule is exempt from fees.
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 448.450,
448.455, 448.460, 448.465 & 448.994

Hist.: OHD 7-2002, f. &
cert. ef. 5-2-02; PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04; PH 20-2004,
f. & cert. ef. 6-18-04; PH 33-2004, f. & cert. ef. 10-21-04; PH 7-2010,
f. & cert. ef. 4-19-10; PH 3-2013, f. & cert. ef. 1-25-13; PH 14-2014, f.
& cert. ef. 5-8-14
333-061-0230
Contracting For Services
(1) Water suppliers responsible for
community and non-transient non-community water systems may establish contracts
with an individual certified operator, another water supplier, or an organization
with certified operators available for contract to obtain operational services at
a public water system.
(2) Operators contracted
to be in direct responsible charge of a water system, distribution system or a water
treatment plant, as prescribed by OAR 333-061-0225 must be certified at or greater
than the level of the classification of the water system or facility for which they
will be responsible.
(3) Written contracts for
operators designated in direct responsible charge of a water system must:
(a) Require the operator
to be available on call 24 hours every day and able to respond on-site, to the water
system, upon request; and
(b) Specify that the operator
will take corrective action when the results of analyses or measurements indicate
maximum contaminant levels have been exceeded or minimum treatment levels are not
maintained.
(4) Water suppliers must
submit to the Authority, a copy of any contract established for certified operators
serving at a water system for which the water supplier is responsible.
(a) Contracts must be signed
by the operator and the water supplier, or an authorized representative of the water
supplier, before the operator may provide any services to the water supplier.
(b) Contracts must be submitted
to the Authority within 30 days of the contract being signed by all parties.
(5) Contracts are only valid
for individuals that possess current certification.
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 448.450,
448.455, 448.460, 448.465 & 448.994

Hist.: HD 2-1988(Temp), f.
& cert. ef. 2-10-88; HD 18-1988, f. & cert. ef. 7-27-88; HD 19-1990, f.
6-28-90, cert. ef. 7-2-90; HD 14-1997, f. & cert. ef. 10-31-97; OHD 7-2002,
f. & cert. ef. 5-2-02; PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04;
PH 20-2004, f. & cert. ef. 6-18-04; PH 33-2004, f. & cert. ef. 10-21-04;
PH 2-2006, f. & cert. ef. 1-31-06; PH 7-2010, f. & cert. ef. 4-19-10; PH
14-2014, f. & cert. ef. 5-8-14
333-061-0232
General Requirements Applying to
Water System Operators
Operators serving at water systems and
water system facilities as specified in OAR 333-061-0210 are responsible for ensuring
the safe operation of the water system facilities for which they are responsible,
and the production of safe drinking water at that water system. All operators serving
at water treatment plants and distribution systems must:
(1) Comply with any Authority
order or investigation;
(2) Ensure every application,
record, or other document filed with or reported to the Authority by the operator
is true and accurate; and
(3) Immediately notify the
Authority when a violation of these rules is observed that may result in a public
health hazard.
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 448.450,
448.455 & 448.994

Hist.: PH 14-2014, f. &
cert. ef. 5-8-14
333-061-0235
Operator Certification Requirements,
Levels 1–4
Operator certification, as specified
in this rule, applies to each of the levels of water system facility classification
specified in OAR 333-061-0220(2) through (4), and does not apply to small water
system classification as specified in 333-061-0220(1).
(1) In order to receive certification
as specified in this rule, applicants must:
(a) Provide proof of, including
the date of graduation or completion, a high school diploma, GED, associate's degree,
bachelor's degree, master’s degree, or PhD; and
(b) Successfully complete
an examination for the level and type of certification sought by the applicant.
(2) Minimum qualifications
for water treatment (WT) or water distribution (WD) operator certification are identified
in Table 52. Experience or a combination of experience and education is required
depending on the certification and level sought.
(a) Operating experience
must have been gained through direct, “hands-on” operation of water
system facilities and includes, but is not limited to, decisions related to water
quality or quantity that may affect public health. Knowledge gained from the performance
of duties as an official, inspector, manager, engineer, or director of public works,
and that does not include the actual operation or supervision of water system facilities,
does not qualify an individual for certification as prescribed by these rules.
(A) For water distribution
certification, experience in one of the following fields may be accepted, not to
exceed one-half of the total experience required: wastewater collection; water treatment;
cross connection control; and industrial or commercial process water treatment.
(B) For water treatment certification,
experience in one of the following fields may be accepted, not to exceed one-half
of the total experience required: wastewater treatment; wastewater treatment laboratory;
water distribution; and industrial or commercial process water treatment.
(C) One year of experience
is equivalent to 12 months of full-time employment with one hundred percent of the
individual’s time dedicated to activities directly related to the certification
for which they are applying.
(D) Operating experience
earned at a water treatment plant or distribution system is considered qualifying
experience for certification up to one classification level higher than that of
the water system facility where the experience was earned.
(b) The Authority may, at
its discretion, permit the substitution of post high school education for experience.
Acceptable fields of study include, but are not limited to: allied sciences, chemistry,
engineering, industrial or commercial water processing, wastewater collection, wastewater
treatment plant operations, wastewater laboratory analysis, water distribution,
and water treatment plant operations.
(A) Substituted education
may not exceed one-half of the experience required for the certification and level
sought.
(B) Any degree or accumulation
of college credit hours must be from an educational institution accredited through
an agency recognized by the U.S. Department of Education to be acceptable.
(C) The following are considered
equivalent to 12 months of post high school education:
(i) One year of college education;
(ii) Thirty semester hours
of college education;
(iii) Forty-five quarter
hours of college education; or
(iv) Forty-five continuing
education units (CEU).
(D) College credits and post
high school education from other sources may be combined to total 45 CEU.
(3) Individuals may request
credit for on-the-job training as either experience or education, but not both.
(4) Individuals seeking certification
at water distribution and water treatment levels 3 and 4 must possess experience
in operational decision making as defined in OAR 333-061-0020(125). Any work experience
as specified in subsection (2)(a) of this rule qualifies as operational decision
making experience if it meets the criteria specified in 333-061-0020(125).
(5) To qualify for filtration
endorsement certification, as prescribed by OAR 333-061-0220(4), individuals must:
(a) Possess WT Level 2 certification;
(b) Have one year of operational
decision making experience at a water treatment plant utilizing conventional or
direct filtration treatment; and
(c) Successfully pass a filtration
endorsement examination.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 448.450,
448.455, 448.460, 448.465 & 448.994

Hist.: HD 2-1988(Temp), f.
& cert. ef. 2-10-88; HD 18-1988, f. & cert. ef. 7-27-88; HD 19-1990, f.
6-28-90, cert. ef. 7-2-90; HD 1-1996, f. 1-2-96, cert. ef. 1-5-96; HD 14-1997, f.
& cert. ef. 10-31-97; OHD 7-2002, f. & cert. ef. 5-2-02; PH 16-2004(Temp),
f. & cert. ef. 4-9-04 thru 10-5-04; PH 20-2004, f. & cert. ef. 6-18-04;
PH 33-2004, f. & cert. ef. 10-21-04; PH 2-2006, f. & cert. ef. 1-31-06;
PH 7-2010, f. & cert. ef. 4-19-10; PH 3-2013, f. & cert. ef. 1-25-13; PH
14-2014, f. & cert. ef. 5-8-14
333-061-0245
Applications For Certification Levels
1–4
(1) An applicant for certification must
submit documentation with any application demonstrating that their qualifying experience
and education meets the minimum requirements as specified in OAR 333-061-0235.
(2) To obtain initial certification
or certification at a higher level by examination, individuals must:
(a) Submit complete, original,
signed copies of their application for the examination, and affidavit of experience;
(b) Meet the minimum qualifications
for the certification sought as prescribed by OAR 333-061-0235;
(c) Pay the applicable examination
fee as prescribed by OAR 333-061-0265 for the certification sought and examination
applied for; and
(d) Successfully pass the
examination for the certification sought.
(3) To obtain certification
by reciprocity, individuals must:
(a) Possess current, valid
certification in another state or province which has a recognized certification
program substantially equivalent to the requirements set forth in these rules;
(b) Submit a complete, original,
signed reciprocity application and an affidavit of experience;
(c) Pay the applicable reciprocity
application fee as prescribed by OAR 333-061-0265 for each certificate desired;
and
(d) Pay the exam fee as prescribed
by OAR 333-061-0265, for any examination as prescribed by 333-061-0250, if required
by the Authority.
(4) All applications for
exams must be accompanied by the appropriate fee(s) and documentation, and must
be submitted to the Authority 60 days prior to the desired examination date.
(5) Operating experience
earned at a water treatment plant or distribution system is considered qualifying
experience for examinations up to one classification level higher than that of the
water system where the applicant gained their experience.
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 448.450,
448.455, 448.460, 448.465 & 448.994

Hist.: HD 2-1988(Temp), f.
& cert. ef. 2-10-88; HD 18-1988, f. & cert. ef. 7-27-88; HD 11-1989(Temp),
f. & cert. ef. 12-29-89; HD 19-1990, f. 6-28-90, cert. ef. 7-2-90; HD 1-1996,
f. 1-2-96, cert. ef. 1-5-96; HD 14-1997, f. & cert. ef. 10-31-97; OHD 7-2002,
f. & cert. ef. 5-2-02; OHD 17-2002, f. & cert. ef. 10-25-02; PH 16-2004(Temp),
f. & cert. ef. 4-9-04 thru 10-5-04; PH 20-2004, f. & cert. ef. 6-18-04;
PH 33-2004, f. & cert. ef. 10-21-04; PH 2-2006, f. & cert. ef. 1-31-06;
PH 2-2008, f. & cert. ef. 2-15-08; PH 7-2010, f. & cert. ef. 4-19-10; PH
3-2013, f. & cert. ef. 1-25-13; PH 14-2014, f. & cert. ef. 5-8-14
333-061-0250
Examinations for Certification, Levels
1–4
(1) Examinations will be provided at
locations and at times designated by the Authority or its designee.
(2) Applicants must obtain
a minimum score of 70 percent in order to pass the examination.
(3) Individuals may not take
the same examination more than twice in a 12 month period unless they can demonstrate,
to the satisfaction of the Authority, that they have completed specific education
related to the examination since taking the second examination.
(4) The Authority or its
designee will score all examinations and notify applicants of the results. Examinations
will not be returned to the applicant.
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 448.450,
448.455, 448.460, 448.465 & 448.994

Hist.: HD 2-1988(Temp), f.
& cert. ef. 2-10-88; HD 18-1988, f. & cert. ef. 7-27-88; HD 19-1990, f.
6-28-90, cert. ef. 7-2-90; HD 14-1997, f. & cert. ef. 10-31-97; OHD 7-2002,
f. & cert. ef. 5-2-02; PH 4-2003, f. & cert. ef. 3-28-03; PH 16-2004(Temp),
f. & cert. ef. 4-9-04 thru 10-5-04; PH 20-2004, f. & cert. ef. 6-18-04;
PH 33-2004, f. & cert. ef. 10-21-04; PH 2-2006, f. & cert. ef. 1-31-06;
PH 2-2008, f. & cert. ef. 2-15-08; PH 3-2013, f. & cert. ef. 1-25-13; PH
14-2014, f. & cert. ef. 5-8-14
333-061-0260
Certificate Renewal Levels 1–4
(1) Certification expires
December 31 every two years based upon the first letter in the last name of the
individual. Certification for individuals with names beginning in the letters A-K
expires in even numbered years, and certification for individuals with names beginning
in the letters L-Z expires in odd numbered years. Certification renewal fees may
be prorated if an individual’s current certification expires one year prior
to the beginning of the next two-year certification period.
(2) Operators must earn two
continuing education units (CEU) every two years in areas of relevant subject matter
as described below.
(a) CEU for specialized operator
training will be accepted from the following categories at the discretion of the
Authority.
(A) Technical capacity: water
treatment facilities construction and performance, source construction and protection,
capacity, storage, pumping and distribution facility construction and protection,
water distribution integrity/leakage and water quality issues related to public/user
health.
(B) Managerial capacity:
water system operation, planning, system governance, development and implementation
of system policies, professional support, record keeping, drinking water and related
regulations to insure protection of public health, communication and involvement
with water users.
(C) Financial capacity: adequacy
of revenues to meet expenses, revenue sources, affordability of user charges, rate
setting process, budgeting, production and utilization of a capital improvement
plan, periodic financial audits, bond ratings, debt and borrowing.
(b) Two college credits in
the fields of engineering, chemistry, water/wastewater technology, or allied sciences
satisfy continuing education requirements.
(c) CEU from other states
having standards equal to or greater than these rules may be accepted by the Authority.
(d) Maintaining CEU records
is the responsibility of the operator.
(e) CEU credit will be awarded
for the same course or training only once every two year period.
(3) An operator who fails
to renew their certification as prescribed by section (1) of this rule by the expiration
date cannot be in direct responsible charge of a water system.
(4) The Authority may grant
certification renewal without a reinstatement fee until January 31 in the year following
the expiration date of the certification. A reinstatement fee as prescribed by OAR
333-061-0265 is required in addition to any renewal fees for all renewal applications
received after the grace period ending on January 31 immediately following the expiration
date of the certification.
(5) Any certified operator
who fails to renew their certification for one year following the expiration date
of the certification must meet the requirements established for initial applicants
for certification as specified in OAR 333-061-0245.
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 448.450,
448.455, 448.460, 448.465 & 448.994

Hist.: HD 2-1988(Temp), f.
& cert. ef. 2-10-88; HD 18-1988, f. & cert. ef. 7-27-88; HD 19-1990, f.
6-28-90, cert. ef. 7-2-90; HD 14-1997, f. & cert. ef. 10-31-97; OHD 7-2002,
f. & cert. ef. 5-2-02; PH 4-2003, f. & cert. ef. 3-28-03; PH 16-2004(Temp),
f. & cert. ef. 4-9-04 thru 10-5-04; PH 20-2004, f. & cert. ef. 6-18-04;
PH 33-2004, f. & cert. ef. 10-21-04; PH 2-2006, f. & cert. ef. 1-31-06;
PH 2-2008, f. & cert. ef. 2-15-08; PH 14-2014, f. & cert. ef. 5-8-14
333-061-0265
Fees
(1) All fees must be paid to the Oregon
Health Authority or its designee.
(2) Application fees are
not refundable unless:
(a) The Authority has taken
no action on a certification application; or
(b) The Authority determines
the wrong application has been filed.
(3) Applicants for certification
by exam must submit the exam fee and application fee, along with an original signed
and complete application. Examination fees may be refunded if:
(a) The application is denied,
or
(b) The applicant notifies
the Authority no less than one week in advance of the exam that the applicant is
unable to sit for the exam.
(4) Applications will be
accepted for processing only when accompanied by the appropriate fees as indicated
in the fee schedule below:
(a) Certification Renewal
— $80.
(b) Combination Certification-each
additional — $40.
(c) Exam Fee — $35.
(d) Electronic Exam Fee —
$70.
(e) Application Fee:
(A) Level 1 Distribution
or Treatment — $50.
(B) Level 2 Distribution
or Treatment — $70.
(C) Level 3 Distribution
or Treatment — $90.
(D) Level 4 Distribution
or Treatment — $110.
(E) Filtration Endorsement
— $50.
(f) Reciprocity Review (each
certification) — $100.
(g) Reinstatement —
$50 + Certificate Renewal Fee.
(h) Document Replacement
Fee — $25.
(5) Filtration endorsement
certification is an extension of an operator’s water treatment certification,
and no additional annual fee is required to maintain the endorsement.
(6) A document replacement
fee must be paid at the time of request for a replacement document.
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 448.450,
448.455, 448.460, 448.465 & 448.994

Hist.: HD 2-1988(Temp), f.
& cert. ef. 2-10-88; HD 18-1988, f. & cert. ef. 7-27-88; HD 11-1989(Temp),
f. & cert. ef. 12-29-89; HD 19-1990, f. 6-28-90, cert. ef. 7-2-90; OHD 3-2000,
f. 3-8-00, cert. ef. 3-15-00; OHD 7-2002, f. & cert. ef. 5-2-02; PH 16-2004(Temp),
f. & cert. ef. 4-9-04 thru 10-5-04; PH 20-2004, f. & cert. ef. 6-18-04;
PH 33-2004, f. & cert. ef. 10-21-04; PH 2-2006, f. & cert. ef. 1-31-06;
PH 2-2008, f. & cert. ef. 2-15-08; PH 7-2010, f. & cert. ef. 4-19-10; PH
14-2014, f. & cert. ef. 5-8-14
333-061-0270
Refusal, Suspension, or Revocation
of Certification
(1) The Authority may deny an individual’s
initial or renewal application for operator certification, or suspend or revoke
an operator’s certification if the applicant or operator:
(a) Obtained the certificate
by fraud, deceit, or misrepresentation;
(b) Has been grossly negligent,
incompetent or has demonstrated misconduct in the performance of the duties of an
operator or supervisor of a distribution system or water treatment plant in Oregon
or any other state, province or country;
(c) Has violated or failed
to comply with any Authority rule or order;
(d) Fails to comply with
any Authority investigation; or
(e) Knowingly makes any false
statement or misrepresentation in any application, record, or other document filed
with the Authority.
(2) An individual whose application
or certification is proposed to be denied, suspended, or revoked has the right to
a hearing pursuant to ORS chapter 183.
(3) No person whose certificate
has been revoked under this rule is eligible to apply for certification for one
year from the effective date of the final order of revocation. Any such person who
applies for certification must meet all the requirements established for initial
applicants.
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 431.110,
431.150, 448.450, 448.455, 448.460, 448.465 & 448.994

Hist.: HD 2-1988(Temp), f.
& cert. ef. 2-10-88; HD 18-1988, f. & cert. ef. 7-27-88; HD 11-1989(Temp),
f. & cert. ef. 12-29-89; HD 19-1990, f. 6-28-90, cert. ef. 7-2-90; OHD 7-2002,
f. & cert. ef. 5-2-02; PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04;
PH 20-2004, f. & cert. ef. 6-18-04; PH 33-2004, f. & cert. ef. 10-21-04;
PH 2-2006, f. & cert. ef. 1-31-06; PH 4-2009, f. & cert. ef. 5-18-09; PH
14-2014, f. & cert. ef. 5-8-14
333-061-0272
Suspension of Certification
(1) The Authority may immediately suspend
an operator’s certification for violation of any portion of OAR 333-061-0005
to 333-061-0270 if the Authority finds that such violation(s) constitute a serious
danger to the public health or safety. The Authority shall set forth specific reasons
for such findings.
(2) An operator has 90 days
from the date of notice to the operator to request a hearing. The hearing shall
be held as soon as practicable if a request for hearing is received by the Authority.
Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 431.110,
431.150, 448.450, 448.455 & 448.994

Hist.: OHD 7-2002, f. &
cert. ef. 5-2-02; PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04; PH 20-2004,
f. & cert. ef. 6-18-04; PH 6-2010(Temp), f. & cert. ef. 3-16-10 thru 9-10-10;
PH 18-2010, f. & cert. ef. 8-12-10; PH 14-2014, f. & cert. ef. 5-8-14

Domestic
Well Program

333-061-0305
Purpose
The purpose
of these rules is to provide a basis for implementing ORS 448.271. This law became
effective on July 24, 1989, and establishes a program to provide water quality monitoring
of underground aquifers that are used for domestic purposes.
Stat.
Auth.: ORS 448.131

Stats.
Implemented: ORS 448.271

Hist.:
HD 24-1990, f. & cert. ef. 11-16-90; PH 7-2010, f. & cert. ef. 4-19-10
333-061-0310
Scope
These
rules apply to sellers in any transaction for the sale or exchange of real estate
that includes a dug, drilled or driven well that supplies ground water for domestic
purposes. Properties with springs that are used for domestic purposes are exempt
from these rules. The seller is required to have certain tests done on the well
water and send the results to the Authority. Failure of seller to test will not
interfere with the sale of the property. The Authority may require tests for other
contaminants under certain conditions.
Stat.
Auth.: ORS 448.131

Stats.
Implemented: ORS 448.271

Hist.:
HD 24-1990, f. & cert. ef. 11-16-90; PH 7-2010, f. & cert. ef. 4-19-10
333-061-0324
Area
of Public Health Concern
If the
Authority confirms, as a result of monitoring required by OAR 333-061-0036, monitoring
or assessment activities conducted by the Department of Environmental Quality, or
any other scientifically valid data approved by the Authority, the presence of
contaminants likely to cause adverse human health effects in groundwater supplies,
then the Authority may declare an area of public health concern. The declaration
shall specify the following:
(1) The
specific aquifer(s) or geographic boundaries subject to the contamination;
(2) The
detected contaminant(s);
(3)
The human health risks attributed to the contaminant;
(4) The expected duration
of the contamination; and
(5) The
suspected or confirmed source of the contamination.
Stat.
Auth.: ORS 448.131

Stats.
Implemented: ORS 448.271

Hist.:
PH 7-2010, f. & cert. ef. 4-19-10
333-061-0325
Domestic Well Tests
(1) In
any transaction for the sale or exchange of real estate that includes a well that
supplies ground water for domestic purposes, the seller of the real estate shall,
upon accepting an offer to purchase that real estate, have the well water tested
for arsenic, nitrate, and total coliform bacteria. If the well is in a designated
area of public health concern, the Authority may require additional testing.
(2) The
seller, or seller’s designee, must submit the results of the required tests
to the Authority and to the buyer within 90 days of receiving the results of the
tests.
(3) If
the seller, or seller’s designee, fails to comply with sections (1) and (2)
of this rule, this does not invalidate any of the documents needed to complete the
sale of the real estate.
(4) The
seller, or seller’s designee, is responsible for making sure that the Authority’s
Water Systems Data Sheet is completed and submitted to the Authority with copies
of the arsenic, nitrate, and total coliform bacteria lab slips.
(5) The
Water Resources Department well identification number and a description of the property
shall be entered on the water system data sheet for the seller to be considered
in compliance with ORS 448.271. The description shall include township, range, section,
street address, city, state and zip code.
(6) The
lab tests required by ORS 448.271 cannot be waived even if the buyer agrees not
to have the well tested.
(7) The
lab tests for arsenic, nitrate, and coliform bacteria are considered valid for one
year if they are associated with the sale of the property.
(8) If
the well is not on the property being sold, but the real property includes an interest
to a well on adjacent property, including an easement, that interest would be considered
part of the real property. Therefore the tests would be required.
(9) ORS
448.271 only applies to wells that have been made operational to supply groundwater
for domestic purposes. Capped domestic wells on unimproved lots are not required
to be tested.
Stat.
Auth.: ORS 448.131

Stats.
Implemented: ORS 431.110, 431.150, 448.131 & 448.271

Hist.:
HD 24-1990, f. & cert. ef. 11-16-90; HD 14-1997, f. & cert. ef. 10-31-97;
PH 7-2010, f. & cert. ef. 4-19-10
333-061-0330
Accredited
Laboratories
Only laboratories
accredited according to Oregon Environmental Laboratory Accreditation Program (ORELAP)
standards, as prescribed by OAR 333-064-0005 through 0065, shall be used to conduct
the water tests required by these rules.
Stat.
Auth.: ORS 448.131

Stats.
Implemented: ORS 431.110, 431.150, 448.131 & 448.271

Hist.:
HD 24-1990, f. & cert. ef. 11-16-90; HD 14-1997, f. & cert. ef. 10-31-97;
PH 7-2010, f. & cert. ef. 4-19-10
333-061-0335
Sample Collection
(1) Only persons
who have knowledge of the appropriate procedures for the collection and handling
of the water samples for arsenic, nitrate, and total coliform bacteria and who have
experience in this area shall collect the samples. These persons include Registered
Sanitarians, certified water system operators, well drillers, pump installers, and
lab technicians. Specific instructions for the collection, preservation, handling
and transport of the samples may be obtained from certified laboratories, county
health departments or the Authority and must be strictly adhered to.
(2) The samples
must be drawn from the source prior to any form of water treatment. Samples may
be collected after treatment injection points where water treatment has been bypassed
or temporarily disabled.
(3) In the
event that the well has been shock chlorinated, no follow up samples shall be taken
until five days have elapsed.
Stat. Auth.: ORS
448.131

Stats. Implemented:
ORS 431.110, 431.150, 448.131 & 448.271

Hist.: HD
24-1990, f. & cert. ef. 11-16-90; HD 14-1997, f. & cert. ef. 10-31-97; PH
7-2010, f. & cert. ef. 4-19-10; PH 3-2013, f. & cert. ef. 1-25-13
GO BACK TO OARs 333-061-0005 through 333-061-0032
GO BACK TO OARs 333-061-0034 through 333-061-0042

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