justicedao/ipfs_state_laws huggingface dataset:
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 Oregon Health Authority; (j) Failure to utilize an operator in direct responsible charge of a water system; and (k) Exceeding a maximum contaminant level (MCL) identified in OAR 333-061-0030. (4) Civil penalties shall be based on the population served by public water systems and shall be in accordance with Table 49. [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, 448.280, 448.285, 448.290 & 448.990 History: PH 118-2024, amend filed 12/13/2024, effective 01/01/2025 PH 5-2016, f. 2-10-16, cert. ef. 4-1-16 PH 14-2014, f. & cert. ef. 5-8-14 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 2-2006, f. & cert. ef. 1-31-06 PH 33-2004, f. & cert. ef. 10-21-04 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 OHD 3-2000, f. 3-8-00, cert. ef. 3-15-00 OHD 4-1999, f. 7-14-99, cert. ef. 7-15-99 HD 26-1990, f. 12-26-90, cert. ef. 12-29-90 HD 9-1989, f. & cert. ef. 11-13-89 HD 3-1987, f. & ef. 2-17-87 Renumbered from 333-042-0245, 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
333-061-0095 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. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 448.131 History: Renumbered from 333-042-0250, HD 2-1983, f. & ef. 2-23-83 HD 4-1982, f. & ef. 2-26-82 HD 17-1981(Temp), f. & ef. 8-28-81
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 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). (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 chapter 197 (Land Conservation & Development). (20) Oregon Revised Statutes chapters 215 and 227 (Land Use Planning). (21) Oregon Revised Statutes chapter 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. (29) Map of Earthquake and Tsunami Damage Potential for a Simulated Magnitude 9 Cascadia Earthquake, Open File Report 0-13-06, Plate 7. (30) Manual of Cross Connection Control, USC 10th Edition, published by the University of Southern California, October 2009. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 431.110, 431.150, 448.131, 448.150, 448.273 & 448.279 History: PH 7-2023, amend filed 01/31/2023, effective 02/01/2023 PH 3-2013, f. & cert. ef. 1-25-13 OHD 7-2000, f. 7-11-00, cert. ef. 7-15-00 HD 1-1996, f. 1-2-96, cert. ef. 1-5-96 HD 3-1994, f. & cert. ef. 1-14-94 HD 12-1992, f. & cert. ef. 12-7-92 HD 9-1989, f. & cert. ef. 11-13-89
333-061-0210 Operator Certification: 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. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 448.450, 448.455, 448.460, 448.465 & 448.994 History: PH 14-2014, f. & cert. ef. 5-8-14 PH 33-2004, f. & cert. ef. 10-21-04 PH 20-2004, f. & cert. ef. 6-18-04 PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04 OHD 7-2002, f. & cert. ef. 5-2-02 HD 18-1988, f. & cert. ef. 7-27-88 HD 2-1988(Temp), f. & cert. ef. 2-10-88
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 fewer than 151 service connections 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 specified in Table 50. (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 specified in Table 51. For the purposes of operator certification, water treatment plants are classified as identified in Table 52, based on the cumulative score of components identified in Table 51. (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. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 448.450 & 448.455 History: PH 28-2025, amend filed 12/30/2025, effective 01/01/2026 PH 118-2024, amend filed 12/13/2024, effective 01/01/2025 PH 7-2023, amend filed 01/31/2023, effective 02/01/2023 PH 14-2014, f. & cert. ef. 5-8-14 PH 3-2013, f. & cert. ef. 1-25-13 PH 4-2009, f. & cert. ef. 5-18-09 PH 2-2006, f. & cert. ef. 1-31-06 PH 33-2004, f. & cert. ef. 10-21-04 PH 20-2004, f. & cert. ef. 6-18-04 PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04 OHD 7-2002, f. & cert. ef. 5-2-02 HD 14-1997, f. & cert. ef. 10-31-97 HD 19-1990, f. 6-28-90, cert. ef. 7-2-90 Reverted to HD 18-1988, f. & cert. ef. 7-27-88 HD 11-1989(Temp), f. & cert. ef. 12-29-89 HD 18-1988, f. & cert. ef. 7-27-88 HD 2-1988(Temp), f. & cert. ef. 2-10-88
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. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 448.450, 448.455, 448.460, 448.465 & 448.994 History: PH 14-2014, f. & cert. ef. 5-8-14 PH 3-2013, f. & cert. ef. 1-25-13 PH 4-2009, f. & cert. ef. 5-18-09 PH 33-2004, f. & cert. ef. 10-21-04 PH 20-2004, f. & cert. ef. 6-18-04 PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04 OHD 7-2002, f. & cert. ef. 5-2-02 Reverted to 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 HD 14-1997, f. & cert. ef. 10-31-97 HD 1-1996, f. 1-2-96, cert. ef. 1-5-96 HD 19-1990, f. 6-28-90, cert. ef. 7-2-90 Reverted to HD 18-1988, f. & cert. ef. 7-27-88 HD 11-1989(Temp), f. & cert. ef. 12-29-89 HD 18-1988, f. & cert. ef. 7-27-88 HD 2-1988(Temp), f. & cert. ef. 2-10-88
333-061-0228 Certification Requirements for Small Water System Operators (1) To obtain certification as the operator of a small water system as defined in OAR 333-061-0220(1), individuals must: (a) Have graduated from high school or completed an approved GED program; (b) Have completed an Authority-approved training for small water system operations; (c) Submit a certificate demonstrating completion of the requirements specified in subsections (1)(a) and (b) of this rule; and (d) Beginning on August 1, 2022, obtain a score of at least 70 percent on an Authority-approved written examination for small water system operations. For individuals with certification that expires after July 31, 2022, the person must pass the written examination to obtain a new certificate upon expiration of their existing certification. (2) Small water system certification expires on July 31, three years after the certification was granted. (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 small water system. (4) Small water system operator certification as prescribed by this rule is exempt from fees. Note: Information regarding Authority-approved written examinations may be found at https://www.oregon.gov/oha/PH/HealthyEnvironments/DrinkingWater/OperatorCertification/SmallWaterSystems/Pages/index.aspx. Statutory/Other Authority: ORS 448.131 & 448.450 Statutes/Other Implemented: ORS 448.450, 448.455 & 448.460 History: PH 88-2020, amend filed 12/29/2020, effective 01/01/2021 PH 2-2019, amend filed 01/28/2019, effective 01/28/2019 PH 14-2014, f. & cert. ef. 5-8-14 PH 3-2013, f. & cert. ef. 1-25-13 PH 7-2010, f. & cert. ef. 4-19-10 PH 33-2004, f. & cert. ef. 10-21-04 PH 20-2004, f. & cert. ef. 6-18-04 PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04 OHD 7-2002, f. & cert. ef. 5-2-02
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. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 448.450, 448.455, 448.460, 448.465 & 448.994 History: PH 14-2014, f. & cert. ef. 5-8-14 PH 7-2010, f. & cert. ef. 4-19-10 PH 2-2006, f. & cert. ef. 1-31-06 PH 33-2004, f. & cert. ef. 10-21-04 PH 20-2004, f. & cert. ef. 6-18-04 PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04 OHD 7-2002, f. & cert. ef. 5-2-02 HD 14-1997, f. & cert. ef. 10-31-97 HD 19-1990, f. 6-28-90, cert. ef. 7-2-90 HD 18-1988, f. & cert. ef. 7-27-88 HD 2-1988(Temp), f. & cert. ef. 2-10-88
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. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 448.450, 448.455 & 448.994 History: 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 specified in OAR 333-061-0235. (2) To obtain initial certification or certification at a higher level by examination, individuals must: (a) Submit complete, 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, 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 OAR 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. (6) The Authority may waive the education or experience requirements for Level 1 certification if the applicant meets the education requirements and possesses at least three months of operating experience, three months of water-related experience or 30 hours of relevant water system training (three CEUs or three college credits). Upon passing an examination, the Authority will recognize the applicant as an operator in training (OIT) for a period not to exceed 36 calendar months, unless a longer period is approved by the Authority in writing. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 448.450, 448.455 & 448.460 History: PH 2-2019, amend filed 01/28/2019, effective 01/28/2019 PH 14-2014, f. & cert. ef. 5-8-14 PH 3-2013, f. & cert. ef. 1-25-13 PH 7-2010, f. & cert. ef. 4-19-10 PH 2-2008, f. & cert. ef. 2-15-08 PH 2-2006, f. & cert. ef. 1-31-06 PH 33-2004, f. & cert. ef. 10-21-04 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 OHD 7-2002, f. & cert. ef. 5-2-02 HD 14-1997, f. & cert. ef. 10-31-97 HD 1-1996, f. 1-2-96, cert. ef. 1-5-96 HD 19-1990, f. 6-28-90, cert. ef. 7-2-90 Reverted to HD 18-1988, f. & cert. ef. 7-27-88 HD 11-1989(Temp), f. & cert. ef. 12-29-89 HD 18-1988, f. & cert. ef. 7-27-88 HD 2-1988(Temp), f. & cert. ef. 2-10-88
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. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 448.450, 448.455, 448.460, 448.465 & 448.994 History: PH 14-2014, f. & cert. ef. 5-8-14 PH 3-2013, f. & cert. ef. 1-25-13 PH 2-2008, f. & cert. ef. 2-15-08 PH 2-2006, f. & cert. ef. 1-31-06 PH 33-2004, f. & cert. ef. 10-21-04 PH 20-2004, f. & cert. ef. 6-18-04 PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04 PH 4-2003, f. & cert. ef. 3-28-03 OHD 7-2002, f. & cert. ef. 5-2-02 HD 14-1997, f. & cert. ef. 10-31-97 HD 19-1990, f. 6-28-90, cert. ef. 7-2-90 HD 18-1988, f. & cert. ef. 7-27-88 HD 2-1988(Temp), f. & cert. ef. 2-10-88