justicedao/ipfs_state_laws huggingface dataset:
333-056-0020 Definitions Relating to Infectious Waste As used in OAR 333-056-0010 through 333-056-0050, unless the context requires otherwise, the following definitions apply: (1) "Disposal" has the meaning given that term in ORS 459.386. (2) "Disposal site" has the meaning given that term in ORS 459.005. (3) "Division" means the Oregon Health Authority, Public Health Division. (4) “Health care facility” has the meaning given that term in ORS 442.015. (5) "Incineration" has the meaning given that term in ORS 459.395. (6) "Infectious waste" means biological waste, cultures and stocks, pathological waste, or sharps, as those terms are defined in ORS 459.386; or syringes. (7) "Landfill" means a facility for the disposal of solid waste involving the placement of solid waste on or beneath the land surface. (8) "Noninfectious" means a state in which a disease causing agent is not capable of causing an infection to occur. (9) “Pathological waste” has the meaning given that term in ORS 459.386. (10) "Saturated waste" means waste that contains enough body fluid that it would cause dripping of the body fluid from the waste container, with or without compaction. (11) "Sterilization" means, for purposes of these rules, any process which changes infectious waste so that disease causing agents contained within it are rendered non-infectious at the time the process is completed. (12) "Storage" has the meaning given that term in ORS 459.386. (13) "Syringe" means an instrument for the injection of medicine or the withdrawal of body fluids that consists of a hollow barrel fitted with a plunger and a hollow needle. (14) "Transportation" has the meaning given that term in ORS 459.386. (15) "Treatment" means incineration, sterilization or other method, technique or process approved by the Oregon Health Authority, Public Health Division that changes the character or composition of any infectious waste so as to render the waste noninfectious. Treatment also includes methods of rendering waste noninfectious, which are approved by the Environmental Quality Commission. Statutory/Other Authority: ORS 431.110, 433.004 & 459.395 Statutes/Other Implemented: ORS 431.110, 433.004, 459.395, 459.386 & 459.400 History: PH 5-2024, amend filed 03/15/2024, effective 03/22/2024 PH 45-2023, temporary amend filed 09/22/2023, effective 09/24/2023 through 03/21/2024 PH 17-2020, amend filed 03/26/2020, effective 04/06/2020 PH 10-2015, f. 7-2-15, cert. ef. 7-3-15 PH 16-2013, f. 12-26-13, cert. ef. 1-1-14 OHD 15-2001, f. & cert. ef. 7-12-01, Renumbered from 333-018-0050 HD 15-1990, f. 6-5-90, cert. ef. 7-1-90
333-056-0040 Infectious Waste Storage Times and Temperature (1) Infectious waste shall be segregated from other wastes by separate containment at the point of generation in accordance with ORS 459.390. (2) Pathological waste, biological waste, and cultures and stocks shall be treated or disposed of pursuant to OAR 333-056-0010 through 333-056-0030 within seven days of generation, unless it is refrigerated (between 33 and 48 degrees Fahrenheit) or frozen (less than 32 degrees Fahrenheit). Refrigerated or frozen infectious waste may be stored 30 days prior to treatment or disposal. (3) Generators that produce 50 pounds or less of infectious waste in any calendar month shall be exempt from the requirements pertaining to storage times and temperatures. Statutory/Other Authority: ORS 431.110, 433.004, 459.395 & 459.390 Statutes/Other Implemented: ORS 431.110, 433.004, 459.395 & 459.390 History: PH 17-2020, amend filed 03/26/2020, effective 04/06/2020 PH 16-2013, f. 12-26-13, cert. ef. 1-1-14 OHD 15-2001, f. & cert. ef. 7-12-01, Renumbered from 333-018-0070 HD 15-1990, f. 6-5-90, cert. ef. 7-1-90
333-056-0050 Prevention of Disease Transmission by Blood-Contaminated Sharp Objects Any person using sharp instruments (for example, needles, lancets, scalpels, syringes) for purposes of drawing blood, administering medication, or medical/surgical procedures on humans, shall dispose of such items in a manner that will protect any other handlers of this waste from injury. The disposal of such waste shall be in accordance with current recommendations of the U.S. Centers for Disease Control and Prevention, and shall include the use of impervious, rigid, puncture-proof containers. This rule applies to but is not limited to blood banks, plasmapheresis centers, medical clinics, dental offices, outpatient care centers, inpatient care facilities, hospitals, and home health agencies. Statutory/Other Authority: ORS 431.110, 433.004 & 459.395 Statutes/Other Implemented: ORS 431.110, 433.004 & 459.395 History: PH 51-2023, amend filed 10/26/2023, effective 10/26/2023 PH 9-2020, minor correction filed 01/17/2020, effective 01/17/2020 PH 16-2013, f. 12-26-13, cert. ef. 1-1-14 OHD 15-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0212 HD 4-1987, f. 6-12-87, ef. 6-19-87
333-060-1005 Plan Review (1) A person may not construct or perform a major alteration or reconstruction of a n AQUATIC FACILITY OR AQUATIC VENUE without plan approval to do so from the AUTHORITY . (2) Any person desiring to construct any AQUATIC FACILITY OR AQUATIC VENUE shall file an application for plan approval with the AUTHORITY . (3) The application must be accompanied by a description of the sources of water supply, amount and quality of water available and intended to be used, method and manner of water purification, treatment, disinfection, heating, regulating and cleaning, lifesaving apparatus, and measures to ensure safety of bathers, measures to ensure personal cleanliness of bathers, methods and manner of washing, disinfecting, drying and storing bathing apparel and towels, and all other information and statistics that may be required by the AUTHORITY . The AUTHORITY shall either approve or deny the application based upon the plans submitted. (4) After construction, the AUTHORITY shall cause an inspection to be made of the proposed AQUATIC FACILITY OR AQUATIC VENUE . If the AUTHORITY determines that the AQUATIC FACILITY AND AQUATIC VENUE complies with the rules of the AUTHORITY as constructed, it shall issue a final approval authorizing the issuance of a license under ORS 448.035. (5) If an AQUATIC VENUE is to be owned, operated or maintained by a person for profit, or in conjunction with a travelers’ accommodation or recreation park, the applicant shall pay the AUTHORITY a plan review fee of $600. Payment of the plan review fee entitles the applicant to two inspections toward final approval. The AUTHORITY may not impose any new standards after a second or any subsequent inspection. For any subsequent construction inspection necessary, the applicant shall pay $100 for each inspection. Statutory/Other Authority: ORS 448.011 Statutes/Other Implemented: ORS 448.020 - 448.030 & ORS 448.060 History: PH 9-2025, adopt filed 04/01/2025, effective 04/01/2025
333-060-1010 Permission to Construct (1) No person shall construct an AQUATIC FACILITY OR AQUATIC VENUE, or alter any such structures without: (a) Submitting complete plans and specifications to the AUTHORITY ); (b) Paying the stipulated plan review fee to the AUTHORITY ; (c) Receiving a written plan approval or conditional approval from the AUTHORITY ; (2) No person shall deviate from the approved or conditionally approved plans and specifications during the construction or alteration of a facility described in section (1) of this rule without the written approval of the AUTHORITY . Statutory/Other Authority: ORS 448.011 Statutes/Other Implemented: ORS 448.020 History: PH 9-2025, adopt filed 04/01/2025, effective 04/01/2025
333-060-1015 Variance (1) The AUTHORITY may grant a variance from requirements of these rules as follows: (a) Where 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 cause; (b) Where the public or private interest in the granting of the variance is found by the AUTHORITY to clearly outweigh the interest of the application of uniform rules; and (c) Where such alternative measures are provided which in the opinion of the AUTHORITY will provide adequate public health and safety protection. (2) Such variance authority is not conferred upon any county notwithstanding delegated or contractual authority in administration and enforcement of these rules. Statutory/Other Authority: ORS 448.011 Statutes/Other Implemented: ORS 448.037 History: PH 9-2025, adopt filed 04/01/2025, effective 04/01/2025
333-060-1020 Maintenance and Modification (1) All equipment of AQUATIC FACILITIES AND AQUATIC VENUES shall be operational and shall be kept in good repair. Such equipment shall be maintained in conformance with the original design or better. (2) The structural components of all AQUATIC FACILITIES AND AQUATIC VENUES shall be maintained in good repair. Statutory/Other Authority: ORS 448.011 Statutes/Other Implemented: ORS 448.011 History: PH 9-2025, adopt filed 04/01/2025, effective 04/01/2025
333-061-0005 Purpose The purpose of these rules is to provide a basis for implementing the Oregon Drinking Water Quality Act of 1981, enacted to assure safe drinking water at all water systems which serve the public, and to promote coordination between the programs for supervising water systems which are conducted by the Authority and the U.S. Environmental Protection Agency. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 448.123 & 448.273 History: PH 7-2010, f. & cert. ef. 4-19-10 HD 9-1989, f. & cert. ef. 11-13-89 Renumbered from 333-042-0200, HD 2-1983, f. & ef. 2-23-83 HD 4-1982, f. & ef. 2-26-82 Reverted to HD 106, f. & ef. 2-6-76 HD 17-1981(Temp), f. & ef. 8-28-81 HD 106, f. & ef. 2-6-76
333-061-0015 Adoption by Reference 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 Authority. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 448.131 History: PH 7-2010, f. & cert. ef. 4-19-10 HD 9-1989, f. & cert. ef. 11-13-89 Renumbered from 333-042-0202, HD 2-1983, f. & ef. 2-23-83 HD 4-1982, f. & ef. 2-26-82 Reverted to HD 106, f. & ef. 2-6-76 HD 17-1981(Temp), f. & ef. 8-28-81 HD 106, f. & ef. 2-6-76
333-061-0031 Maximum Residual Disinfectant Levels MRDLs are enforceable in the same manner as maximum contaminant levels and are specified in Table 7. The MRDL for chlorine and chloramines shall be calculated as a running annual average according to OAR 333-061-0036(4)(i). The MRDL for chlorine dioxide is determined by follow-up monitoring according to OAR 333-061-0036(4)(i). [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 448.131, 448.150 & 448.273 History: PH 2-2018, amend filed 01/10/2018, effective 01/10/2018 PH 5-2016, f. 2-10-16, cert. ef. 4-1-16 PH 4-2009, f. & cert. ef. 5-18-09 OHD 23-2001, f. & cert. ef. 10-31-01 OHD 7-2000, f. 7-11-00, cert. ef. 7-15-00
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. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 448.131 & 448.135 History: PH 7-2010, f. & cert. ef. 4-19-10 Renumbered from 333-042-0216, HD 2-1983, f. & ef. 2-23-83 HD 4-1982, f. & ef. 2-26-82
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)(b)(B). The results of the watershed survey will be reviewed by the Authority during the annual on-site inspection required by OAR 333-061-0032(2)(b)(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 US EPA Guidance Manual for Compliance with the Filtration and Disinfection Requirements for Public Water Systems Using Surface Water Sources 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.] Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 431.110, 448.115, 448.131 & 448.150 History: PH 5-2016, f. 2-10-16, cert. ef. 4-1-16 HD 26-1990, f. 12-26-90, cert. ef. 12-29-90 Renumbered from 333-042-0233, HD 2-1983, f. & ef. 2-23-83 HD 4-1982, f. & ef. 2-26-82 Reverted to HD 140, f. & ef. 6-28-77 HD 17-1981(Temp), f. & ef. 8-28-81 HD 140, f. & ef. 6-28-77 HD 137(Temp), f. & ef. 3-9-77 HD 106, f. & ef. 2-6-76
333-061-0077 Composite Correction Program & Comprehensive Performance Evaluations (1) All CPE reports as defined by OAR 333-061-0020(28) and this rule shall be conducted by the Authority. (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 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)(k). 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. Statutory/Other Authority: ORS 448.150 Statutes/Other Implemented: ORS 448.131 & 448.150 History: PH 2-2018, amend filed 01/10/2018, effective 01/10/2018 PH 5-2016, f. 2-10-16, cert. ef. 4-1-16 PH 3-2013, f. & cert. ef. 1-25-13 PH 7-2010, f. & cert. ef. 4-19-10 PH 4-2009, f. & cert. ef. 5-18-09 PH 12-2003, f. & cert. ef. 8-15-03 OHD 23-2001, f. & cert. ef. 10-31-01
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, the Authority 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. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 448.165 & 448.170 History: Renumbered from 333-042-0238, HD 2-1983, f. & ef. 2-23-83 HD 4-1982, f. & ef. 2-26-82
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. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 431.110, 431.150, 448.131, 448.150 & 448.273 History: PH 20-2004, f. & cert. ef. 6-18-04 PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04 OHD 17-2002, f. & cert. ef. 10-25-02 HD 14-1997, f. & cert. ef. 10-31-97 HD 9-1989, f. & cert. ef. 11-13-89 HD 11-1985, f. & ef. 7-2-85 Renumbered from 333-042-0240, HD 2-1983, f. & ef. 2-23-83 HD 4-1982, f. & ef. 2-26-82 Reverted to HD 106, f. & ef. 2-6-76 HD 17-1981(Temp), f. & ef. 8-28-81 HD 106, f. & ef. 2-6-76
333-061-0089 Annual Water System Fee Water suppliers must pay an annual fee to partially defray the cost of the Oregon Health Authority’s (Authority’s) regulation of public water systems. (1) The fee is based on the classification of the water system according to Table 48. (a) For campgrounds where multiple handpumps exist, a single fee will be assessed. (b) For community water systems, the fee is based upon the number of service connections or the population served by the water system and water treatment applied at the water system. (A) Only water treatment applied to comply with a water quality standard or treatment technique is considered when determining this fee. The Authority does not consider supplemental fluoridation, disinfectant residual maintenance, or treatment for secondary contaminants to be treatment for purposes of determining this fee. (B) For small community water systems with 250 service connections or less but serving more than 1,000 people, the lesser of the two fees will be assessed. (C) For water systems with more than 250 service connections, the fee is based on the number of connections. (D) For water systems without a distribution system and where water is exclusively delivered on a wholesale basis, the fee is based on the total population served by the water systems purchasing water directly from the wholesaler. (2) Water suppliers must pay the fee to the Authority on or before July 1st of every calendar year. (3) The Authority will assess a one-time late fee according to Table 48 to any water supplier that fails to submit the annual fee by July 31st of each year. The late fee may be waived at the discretion of the Authority. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 448.150 Statutes/Other Implemented: ORS 448.150 History: PH 118-2024, amend filed 12/13/2024, effective 01/01/2025 PH 94-2021, amend filed 12/29/2021, effective 01/01/2022 PH 30-2019, adopt filed 12/19/2019, effective 01/01/2020