justicedao/ipfs_state_laws huggingface dataset:
333-061-0265 Fees (1) All fees must be paid to the Oregon Health Authority (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 Table 54. Initial certification fees may be prorated to the nearest year for the remainder of the two-year certification period. (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. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 448.131 & 448.450 Statutes/Other Implemented: ORS 448.131, 448.450 & 448.465 History: PH 118-2024, amend filed 12/13/2024, effective 01/01/2025 PH 2-2019, amend filed 01/28/2019, effective 01/28/2019 PH 23-2015, f. 12-8-15, cert. ef. 1-1-16 PH 14-2014, f. & cert. ef. 5-8-14 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 7-2002, f. & cert. ef. 5-2-02 OHD 3-2000, f. 3-8-00, cert. ef. 3-15-00 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
333-061-0270 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. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 431.110, 431.150, 448.450, 448.455, 448.460, 448.465 & 448.994 History: PH 14-2014, f. & cert. ef. 5-8-14 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 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
333-061-0272 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. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 431.110, 431.150, 448.450, 448.455 & 448.994 History: PH 14-2014, f. & cert. ef. 5-8-14 PH 18-2010, f. & cert. ef. 8-12-10 PH 6-2010(Temp), f. & cert. ef. 3-16-10 thru 9-10-10 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
333-061-0305 Domestic Well Program: 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. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 448.271 History: PH 7-2010, f. & cert. ef. 4-19-10 HD 24-1990, f. & cert. ef. 11-16-90
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. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 448.271 History: PH 7-2010, f. & cert. ef. 4-19-10 HD 24-1990, f. & cert. ef. 11-16-90
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. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 448.271 History: 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. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 431.110, 431.150, 448.131 & 448.271 History: PH 7-2010, f. & cert. ef. 4-19-10 HD 14-1997, f. & cert. ef. 10-31-97 HD 24-1990, f. & cert. ef. 11-16-90
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. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 431.110, 431.150, 448.131 & 448.271 History: PH 7-2010, f. & cert. ef. 4-19-10 HD 14-1997, f. & cert. ef. 10-31-97 HD 24-1990, f. & cert. ef. 11-16-90
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. Statutory/Other Authority: ORS 448.131 Statutes/Other Implemented: ORS 431.110, 431.150, 448.131 & 448.271 History: PH 3-2013, f. & cert. ef. 1-25-13 PH 7-2010, f. & cert. ef. 4-19-10 HD 14-1997, f. & cert. ef. 10-31-97 HD 24-1990, f. & cert. ef. 11-16-90
333-061-0510 Applicability of Cyanotoxin Rules (1) Water suppliers are subject to OAR 333-061-0510 to 333-061-0580 when they own or operate water systems that: (a) Are supplied by a surface water source that is determined by the Authority to be susceptible to harmful algal blooms or release of cyanotoxins; or (b) Are supplied by a groundwater source determined by the Authority to be under the direct influence of a surface water source that is susceptible to harmful algal blooms or release of cyanotoxins; or (c) Purchase water from another water system that is supplied by a surface water source or a groundwater source determined by the Authority under the direct influence of a surface water that is susceptible to harmful algal blooms or release of cyanotoxins. (2) A water source is susceptible to harmful algal blooms or release of cyanotoxins if: (a) One or more harmful algal blooms have been documented or at least one cyanotoxin was previously detected in the water source or other location in a public water system supplied by that water source; (b) The source or a waterbody upstream of the source is listed in the Oregon DEQ Integrated Report and Clean Water Act Section 303(d) list for not meeting water quality standards for algae and aquatic weeds; (c) The point of diversion into the water system is downstream of or influenced by another surface water source susceptible to harmful algal blooms or release of cyanotoxins; or (d) The Authority determines the source is susceptible based on the characteristics of the source, including, but not limited to, slow moving or stagnant water, temperature, available sources of nutrients, water quality data, satellite imagery, presence of microcystin- or cylindrospermopsin-producing genes, or other relevant information. (3) The Authority may, at its discretion, exempt a water supplier that would otherwise be subject to OAR 333-061-0510 to 333-061-0580 if the Authority determines that the water source is not likely to be susceptible to cyanotoxins based on information available to the Authority or based on evidence submitted by the water supplier that includes but is not limited to, water quality data, watershed characteristics, and environmental conditions. Statutory/Other Authority: ORS 448.123, 448.131 & 448.150 Statutes/Other Implemented: ORS 448.123 & 448.150 History: PH 284-2018, adopt filed 12/21/2018, effective 12/21/2018 PH 231-2018, temporary adopt filed 06/26/2018, effective 07/01/2018 through 12/27/2018
333-061-0520 Definitions In addition to the definitions in OAR 333-061-0020, the following definitions apply to OAR 333-061-0510 to 333-061-0580: (1) "Confirmation sample" means a water sample taken after exceeding a health advisory level at the entry point on a different day but the same location. (2) "Cyanobacteria" are photosynthetic bacteria that share some properties with algae and are found naturally in freshwater and saltwater. Some species of cyanobacteria can produce toxins, which are known to be harmful to human health above certain concentrations. (3) "Cyanotoxins" means total microcystins and cylindrospermopsin produced by cyanobacteria. (4) "Detected" or "detection" means an analytical result that is equal to or greater than the reporting limit for the analytical method being used. (5) "Distribution sampling points" means representative points in the distribution system. ( 6) "Entry point" means a location where water is introduced into the distribution system of a public water system and intended for distribution and consumption without further treatment, except as necessary to maintain water quality in the distribution system, such as for example, booster chlorination. This location is a regulatory point where water is known to be fully treated and does not refer to the point at which water is delivered to a purchasing water system. (7) "Harmful algal bloom" means a dense colony of cyanobacteria that can rapidly multiply in surface waters when environmental conditions are favorable for growth. ( 8) "Health advisory level" is the concentration of a cyanotoxin determined by the US Environmental Protection Agency, as specified in OAR 333-061-0530(1), at or below which adverse health effects are not expected to occur if consuming water containing cyanotoxins at this concentration for up to 10 days. (9) "Monitoring" means collecting a sample, having it analyzed by an accredited lab, and ensuring results are reported to the Authority. (10) "Raw water sampling point" means a sampling point on a water source intake in use prior to any treatment, or another raw water sampling point acceptable to the Authority. (11) "Recreational use health advisory" means a health advisory issued by the Authority for a water body when cyanotoxins are determined to be above any recreational use value for total microcystins, cylindrospermopsin, saxitoxin, or anatoxin-a. (12) "Vulnerable people" means infants, children under the age of six, pregnant women, nursing mothers, those with pre-existing liver conditions, and those receiving dialysis treatment. Statutory/Other Authority: ORS 448.123, 448.131 & 448.150 Statutes/Other Implemented: ORS 448.123 & 448.150 History: PH 284-2018, adopt filed 12/21/2018, effective 12/21/2018 PH 231-2018, temporary adopt filed 06/26/2018, effective 07/01/2018 through 12/27/2018
333-061-0530 Health Advisory Levels (1) For the purposes of OAR 333-061-0510 to 333-061-0580 the health advisory levels are as follows: (a) Total Microcystins: 0.3 µg/L for vulnerable people; 1.6 µg/L for all persons. (b) Cylindrospermopsin: 0.7 µg/L for vulnerable people; 3 µg/L for all persons. (2) Exceeding a health advisory level in a sample collected from an entry point requires additional monitoring and may require public notification as prescribed by OAR 333-061-0540(2) and OAR 333-061-0570. Statutory/Other Authority: ORS 448.123, 448.131 & 448.150 Statutes/Other Implemented: ORS 448.123 & 448.150 History: PH 284-2018, adopt filed 12/21/2018, effective 12/21/2018 PH 231-2018, temporary adopt filed 06/26/2018, effective 07/01/2018 through 12/27/2018
333-061-0550 Analytical Methods (1) Water suppliers must use a laboratory accredited according to OAR chapter 333, division 64 and the Oregon Environmental Laboratory Accreditation Program (ORELAP), or the Oregon Department of Environmental Quality Laboratory to analyze samples required by OAR 333-061-0510 to 333-061-0580. (2) For total microcystins, water suppliers must ensure that samples are analyzed using EPA method 546, or another EPA-approved method that applies at the time samples are analyzed. Eurofins Abraxis SAES ELISA kits (520011SAES) are equivalent to ELISA kits (520011OH) as described in section 6.1 of EPA Method 546. (3) For cylindrospermopsin, water suppliers must ensure that samples are analyzed using the DEQ Analytical Method for Determination of Cylindrospermopsin in Raw and Finished Water by ELISA Method, or another EPA-approved method that applies at the time samples are analyzed. If detections are found greater than 0.7 µg/L at the entry point or distribution system, all samples taken in response to this detection must be analyzed using EPA Method 545, or another EPA-approved method that applies at the time samples are analyzed. (4) Water suppliers must ensure that laboratories and subcontracted laboratories start analysis of samples within one business day of receipt. Statutory/Other Authority: ORS 448.123, 448.131 & 448.150 Statutes/Other Implemented: ORS 448.123 & 448.150 History: PH 7-2023, amend filed 01/31/2023, effective 02/01/2023 PH 284-2018, adopt filed 12/21/2018, effective 12/21/2018 PH 231-2018, temporary adopt filed 06/26/2018, effective 07/01/2018 through 12/27/2018
333-061-0580 Record Keeping (1) Water suppliers must retain, on its premises or at a convenient location near its premises, records of cyanotoxin analyses made pursuant to OAR 333-061-0540 to 333-061-0570 for not less than 10 years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, provided that the following information is included: (a) The date, place and time of sampling, and the name of the person who collected the sample; (b) Identification of the sample as to whether it was collected at a raw, entry point or distribution sampling location; (c) Date of analysis; (d) Laboratory and person responsible for performing analysis; (e) The analytical method used; and (f) The results of the analysis. (2) Water suppliers must retain, on its premises or at a convenient location near its premises, health advisories issued in accordance with OAR 333-061-0570, and consumer confidence reports issued in accordance with OAR 333-061-0510 to 333-061-0580 and OAR 333-061-0043, for not less than 10 years. Statutory/Other Authority: ORS 448.123, 448.131 & 448.150 Statutes/Other Implemented: ORS 448.123 & 448.150 History: PH 284-2018, adopt filed 12/21/2018, effective 12/21/2018 PH 231-2018, temporary adopt filed 06/26/2018, effective 07/01/2018 through 12/27/2018
333-062-1005 Licensing (1) No person shall operate an AQUATIC VENUE, without: (a) The AQUATIC VENUE having received a final construction inspection and approval from the AUTHORITY; (b) Making application for a license to operate; (c) Paying the license fee; and (d) Securing a license from the AUTHORITY. (2) Such license terminates and is renewable on December 31 of each year. Statutory/Other Authority: ORS 448.011 Statutes/Other Implemented: ORS 448.030 History: PH 9-2025, adopt filed 04/01/2025, effective 04/01/2025
333-062-1010 Conditional Licenses The AUTHORITY may issue conditional licenses in circumstances in which: (1) There is substantial compliance with these rules; (2) In which a written schedule for total compliance approved by the AUTHORITY is instituted and maintained; and (3) Where in the judgment of the AUTHORITY, there will be no immediate threat to health and safety during the time in which to meet complete compliance. The AUTHORITY may also require special safeguards to be instituted and maintained as a condition of the conditional license. Statutory/Other Authority: ORS 448.011 Statutes/Other Implemented: ORS 448.035 History: PH 9-2025, adopt filed 04/01/2025, effective 04/01/2025
333-062-1015 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
333-062-1020 Enforcement (1) The AQUATIC VENUE license holder, operator, or responsible supervisor must permit the AUTHORITY to enter any AQUATIC VENUE, whenever the AQUATIC VENUE is open, or at any other reasonable time for the purpose of inspecting the AQUATIC VENUE OR FACILITY. The inspection may include, but is not limited to, the BATHHOUSE or HYGIENE FACILITIES, chemical storage, ENCLOSURE and security provisions, recirculation equipment, piping, ventilation, supervision areas, operations, AQUATIC VENUE records and files, to determine compliance with these rules. (2) If upon inspection of an AQUATIC VENUE, the AUTHORITY finds that the AQUATIC VENUE is not designed, constructed, equipped, maintained or operated as required by these rules, or is found to be insanitary, unclean or dangerous to public health or safety, the AUTHORITY must notify the license holder, operator, or responsible supervisor in writing of the violations. The inspection report must specify the changes required to make the AQUATIC VENUE and its operation conform to the standards established in these rules and the time period within which to comply. If the violations pose an immediate danger to the public’s health, the AUTHORITY may take action to close the AQUATIC VENUE in accordance with 333-062-1025 prior to notifying the license holder, operator, or responsible supervisor in writing of the violations. (3) If the license holder does not correct the violations listed in the notice issued under section (2) within the specified time period, the AUTHORITY may issue a notice proposing to suspend or revoke the license to operate the AQUATIC VENUE in accordance with ORS chapter 183. A license holder shall have 21 days to request a hearing. Statutory/Other Authority: ORS 448.011 Statutes/Other Implemented: ORS 448.005 - 448.100 & ORS 448.990 History: PH 9-2025, adopt filed 04/01/2025, effective 04/01/2025
333-062-1025 Closure Criteria (1) If one or more of the conditions outlined in subpart 6.6.3 is present at the AQUATIC VENUE or AQUATIC FACILITY, the AQUATIC VENUE license holder, operator or responsible supervisor must immediately close the AQUATIC VENUE until the situation is resolved. (2) If an AQUATIC VENUE license holder, operator or responsible supervisor has not acted in accordance with section (1) of this rule, the AUTHORITY may issue an emergency suspension order and close an AQUATIC VENUE in accordance with ORS 183.430(2). Statutory/Other Authority: ORS 448.011 Statutes/Other Implemented: ORS 448.005 - 448.100 & ORS 448.990 History: PH 9-2025, adopt filed 04/01/2025, effective 04/01/2025