justicedao/ipfs_state_laws huggingface dataset:
333-064-0005 Purpose (1) These rules are for the following purposes: (a) Implementing Oregon Revised Statutes (ORS) 438.605 to 438.620, 448.280 and the Oregon Drinking Water Quality Act of 1981. ORS 438.610 states that the Oregon Health Authority shall, by adopting standards in concurrence with the accrediting body, implement an environmental laboratory accreditation program hereafter referred to as the Oregon Environmental Laboratory Accreditation Program (ORELAP). (b) Establish requirements for the accreditation of laboratories analyzing samples under the guidance of the Clean Air Act (CAA), Clean Water Act (CWA), Safe Drinking Water Act (SDWA), the Resource, Conservation and Recovery Act (RCRA), cannabis testing under ORS 475C.540 to 475C.586, and psilocybin testing under ORS 475A.590 to 475A.622. (2) The following must be done by an ORELAP accredited laboratory: (a) Testing of water samples under ORS 448.150, Oregon’s Drinking Water Quality Act. (b) Testing and sampling of cannabis under ORS 475C.540 to 475C.586, except with written permission from the Authority or Commission. (c) Testing and sampling of psilocybin products under ORS 475A.590 to 475A.622, except with written permission from the Authority. Statutory/Other Authority: ORS 448.150, 448.131, 448.280, 438.605, 438.610, 438.615, 438.620, 475C.544, 475C.560, 475A.590 & 475A.606 Statutes/Other Implemented: ORS 448.280, 438.605, 438.610, 438.615, 438.620, 475C.544, 475C.560, 475A.590 & 475A.606 History: PH 207-2022, amend filed 12/27/2022, effective 12/27/2022 PH 34-2022, minor correction filed 04/26/2022, effective 04/26/2022 PH 30-2020, minor correction filed 05/07/2020, effective 05/07/2020 PH 17-2016, f. & cert. ef. 6-7-16 PH 31-2015(Temp), f. 12-29-15, cert. ef. 1-1-16 thru 6-28-16 PH 6-2011, f. & cert. ef. 8-9-11 PH 20-2003, f. 12-02-03, cert. ef. 12-08-03 PH 13-2003(Temp), f. & cert. ef. 9-22-03 thru 3-20-04 OHD 16-2002, f. & cert. ef. 10-10-02 OHD 7-1999, f. & cert. ef. 10-26-99
333-064-0010 Scope (1) These rules apply to: (a) Laboratories seeking accreditation to perform environmental or agricultural laboratory testing; (b) Laboratories seeking accreditation to perform sampling and laboratory testing of marijuana items and industrial hemp-derived vapor items as required by ORS 475C.560; (c) Laboratories seeking accreditation to perform sampling and laboratory testing of psilocybin products as required by ORS 475A.606; and (d) Accredited laboratories performing: (A) Environmental or agricultural testing; (B) Sampling and testing of marijuana items and industrial hemp-derived vapor items; or (C) Sampling and testing of psilocybin products. (2) Accreditation as described in these rules is required for all laboratories reporting drinking water analysis results to the Oregon Health Authority except for Oregon Department of Agriculture Laboratory, Oregon Department of Environmental Quality Laboratory and the Oregon State Public Health Laboratory which must be certified by the United States Environmental Protection Agency for drinking water analysis. (3) Accreditation as described in these rules is required for all Oregon laboratories sampling and testing marijuana items and industrial hemp-derived vapor items. (4) Accreditation as described in these rules is required for all Oregon laboratories sampling and testing psilocybin products. Statutory/Other Authority: ORS 448.150, 448.131, 448.280, 438.605, 438.610, 438.615, 438.620, 475C.544, 475C.560, 475A.590 & 475A.606 Statutes/Other Implemented: ORS 448.280, 438.605, 438.610, 438.615, 438.620, 475C.544, 475C.560, 475A.590 & 475A.606 History: PH 207-2022, amend filed 12/27/2022, effective 12/27/2022 PH 35-2022, minor correction filed 04/26/2022, effective 04/26/2022 PH 95-2021, amend filed 12/29/2021, effective 01/01/2022 PH 31-2020, minor correction filed 05/07/2020, effective 05/07/2020 PH 17-2016, f. & cert. ef. 6-7-16 PH 31-2015(Temp), f. 12-29-15, cert. ef. 1-1-16 thru 6-28-16 PH 6-2011, f. & cert. ef. 8-9-11 PH 20-2003, f. 12-02-03, cert. ef. 12-08-03 PH 13-2003(Temp), f. & cert. ef. 9-22-03 thru 3-20-04 OHD 16-2002, f. & cert. ef. 10-10-02 OHD 7-1999, f. & cert. ef. 10-26-99
333-064-0015 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 through Oregon Health Authority, Oregon State Public Health Laboratory. Statutory/Other Authority: ORS 448.150, 448.131, 448.280, 438.605, 438.610, 438.615, 438.620, 475C.544 & 475C.560 Statutes/Other Implemented: ORS 448.280, 438.605, 438.610, 438.615, 438.620, 475C.544 & 475C.560 History: PH 36-2022, minor correction filed 04/26/2022, effective 04/26/2022 PH 32-2020, minor correction filed 05/07/2020, effective 05/07/2020 PH 6-2011, f. & cert. ef. 8-9-11 PH 20-2003, f. 12-02-03, cert. ef. 12-08-03 PH 13-2003(Temp), f. & cert. ef. 9-22-03 thru 3-20-04 OHD 16-2002, f. & cert. ef. 10-10-02 OHD 7-1999, f. & cert. ef. 10-26-99
333-064-0020 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 448.150 & 448.131, 448.280, 438.605, 438.610, 438.615, 438.620, 475C.544 & 475C.560 Statutes/Other Implemented: ORS 448.280, 438.605, 438.610, 438.615, 438.620, 475C.544 & 475C.560 History: PH 37-2022, minor correction filed 04/26/2022, effective 04/26/2022 PH 34-2020, minor correction filed 05/07/2020, effective 05/07/2020 OHD 7-1999, f. & cert. ef. 10-26-99
333-064-0030 Schedule for Requesting Accreditation, Period of Accreditation (1) Laboratories in Oregon will be considered to be accredited by ORELAP after the laboratory has requested accreditation, been evaluated by ORELAP and has met all criteria in accordance with OAR 333-064-0035. (2) The accreditation period for each laboratory is for one year with subsequent accreditation periods beginning from the first day the laboratory is granted accreditation. (3) Laboratories must reapply for ORELAP approval annually, with the application to be received by ORELAP 120 calendar days prior to the expiration of the current accreditation period and with all appropriate fees paid no less than 60 days prior to the expiration of their current certificate of accreditation. (4) ORELAP-accredited laboratories may apply for accreditation of additional parameters (analytes, methods, matrices) at any time during their accreditation period with accreditation for such parameters expiring with the current accreditation period. Statutory/Other Authority: ORS 448.150, 448.131, 448.280, 438.610, 438.615, 475C.544 & 475C.560 Statutes/Other Implemented: ORS 438.605, 438.610, 438.615, 475C.544 & 475C.560 History: PH 38-2022, minor correction filed 04/26/2022, effective 04/26/2022 PH 36-2020, minor correction filed 05/07/2020, effective 05/07/2020 PH 6-2011, f. & cert. ef. 8-9-11 PH 20-2003, f. 12-02-03, cert. ef. 12-08-03 PH 13-2003(Temp), f. & cert. ef. 9-22-03 thru 3-20-04 OHD 16-2002, f. & cert. ef. 10-10-02 OHD 1-2001, f. & cert. ef. 1-17-01 OHD 7-1999, f. & cert. ef. 10-26-99
333-064-0040 Action Response for Laboratory Drinking Water Analysis Results (1) If an accredited laboratory is authorized by the water supplier to report results of analyses required by OAR 333-061-0036 and performed by the laboratory directly to the Oregon Health Authority (Authority), then it must do so within 10 days after the end of the month, or within 10 days after the end of the monitoring period. (2) If a result exceeds the maximum contaminant level (MCL) specified in OAR 333-061-0030: (a) The accredited lab that issues the final test report must: (A) Validate the results of any sample analysis and report that analysis directly to the Authority and to the water supplier within 48 hours or two business days of completing the analytical run if the sample analysis: (i) Exceeds the MCL for nitrate as specified in OAR 333-061-0030(1); or (ii) Is positive for coliform bacteria. (B) Report any sample analysis directly to the Authority and to the water supplier within 24 hours or on the next business day after validating a sample result that exceeds the MCL for any chemical analyte specified in OAR 333-061-0030 other than nitrate. (C) Report any sample analysis directly to the Authority and to the water supplier within 24 hours or on the next business day after obtaining a sample result from a subcontracted laboratory, if the sample analysis: (i) Exceeds the MCL for nitrate as specified in OAR 333-061-0030(1) or is positive for coliform bacteria; or (ii) Exceeds the MCL for any chemical analyte specified in OAR 333-061-0030 other than nitrate upon validating the sample analysis. (b) Accredited, subcontracted laboratories must: (A) Validate the results of any sample analysis and report that analysis to their client laboratory within 48 hours or two business days of completing the analytical run if the analysis: (i) Exceeds the MCL for nitrate as specified in OAR 333-061-0030(1); or (ii) Is positive for coliform bacteria. (B) Report any sample analysis to their client laboratory within 24 hours or on the next business day after validating a sample result that exceeds the MCL for any chemical analyte specified in OAR 333-061-0030 other than nitrate. (3) The laboratory must notify the public water system and, if authorized by the water system, the Authority of all unregulated contaminants detected and their concentrations from each specific method used to measure the regulated contaminants. (4) The laboratory must use report forms that have been approved by the Authority for reporting drinking water test results to the Authority. Statutory/Other Authority: ORS 448.150, 448.131, 475C.544 & 475C.560 Statutes/Other Implemented: ORS 448.280, 438.605, 438.610, 438.615, 438.620, 475C.544 & 475C.560 History: PH 40-2022, minor correction filed 04/26/2022, effective 04/26/2022 PH 38-2020, minor correction filed 05/07/2020, effective 05/07/2020 PH 3-2011, f. & cert. ef. 4-21-11 PH 20-2003, f. 12-02-03, cert. ef. 12-08-03 PH 13-2003(Temp), f. & cert. ef. 9-22-03 thru 3-20-04 OHD 16-2002, f. & cert. ef. 10-10-02 OHD 7-1999, f. & cert. ef. 10-26-99
333-064-0045 Procedure for Contesting Actions of ORELAP (1) The procedure for contesting the actions of ORELAP regarding denial, suspension and revocation of accreditation, or other changes in accreditation status is in accordance with the Administrative Procedures Act, ORS chapter 183. (2) Laboratories shall be provided formal written notice of intended action and their right to request a contested case hearing. (3) Actions based on PT failures are not eligible for a contested case hearing. Statutory/Other Authority: ORS 448.150, 448.280, 438.605, 438.610, 438.615, 438.620, 475C.544, 475C.560 & 448.131 Statutes/Other Implemented: ORS 448.280, 438.605, 438.610, 438.615, 438.620, 475C.544 & 475C.560 History: PH 41-2022, minor correction filed 04/26/2022, effective 04/26/2022 PH 85-2020, amend filed 12/23/2020, effective 01/01/2021 PH 39-2020, minor correction filed 05/07/2020, effective 05/07/2020 OHD 7-1999, f. & cert. ef. 10-26-99
333-064-0050 Accreditation of Out-of-State and Mobile Category 2 Laboratories (1) ORELAP shall accredit out-of-state laboratories that are eligible for reciprocal accreditation provided: (a) The laboratory is accredited by a state recognized as a NELAP accrediting body for those fields of testing (analytes, methods, matrices) in which the laboratory is requesting accreditation pursuant to this rule. (b) The laboratory submits to ORELAP an acceptable application as described in OAR 333-064-0035(4). (c) The laboratory pays all appropriate fees as described in OAR 333-064-0060. (d) The laboratory is not requesting accreditation for cannabis or psilocybin testing. (2) ORELAP may accredit out-of-state laboratories that are located in states that do not have a NELAP approved accrediting body for the fields of testing and matrices in which the laboratory desires accreditation provided that the laboratory complies with all the requirements in OAR 333-064-0035. (3) ORELAP may accredit mobile category 2 laboratories that do not operate as an entity of an Oregon fixed base facility as out-of-state laboratories. Such laboratories must meet all of the requirements for out-of-state laboratories pursuant to these rules. Statutory/Other Authority: ORS 448.150, 448.280, 438.605, 438.610, 438.615, 438.620, 475C.544, 475C.560, 448.131, 475A.590 & 475A.606 Statutes/Other Implemented: ORS 448.280, 438.605, 438.610, 438.615, 438.620, 475C.544, 475C.560, 475A.590 & 475A.606 History: PH 207-2022, amend filed 12/27/2022, effective 12/27/2022 PH 42-2022, minor correction filed 04/26/2022, effective 04/26/2022 PH 40-2020, minor correction filed 05/07/2020, effective 05/07/2020 PH 6-2011, f. & cert. ef. 8-9-11 OHD 7-1999, f. & cert. ef. 10-26-99
333-064-0055 Display of Certificate Accredited laboratories shall post or display their most recent ORELAP accreditation certificate and their ORELAP-accredited fields of testing in a prominent place in the laboratory facility. Statutory/Other Authority: ORS 448.150, 448.280, 438.605, 438.610, 438.615, 438.620, 475C.544, 475C.560, 448.131, 475A.590 & 475A.606 Statutes/Other Implemented: ORS 448.280, 438.605, 438.610, 438.615, 438.620, 475C.544, 475C.560, 475A.590 & 475A.606 History: PH 207-2022, amend filed 12/27/2022, effective 12/27/2022 PH 43-2022, minor correction filed 04/26/2022, effective 04/26/2022 PH 41-2020, minor correction filed 05/07/2020, effective 05/07/2020 OHD 7-1999, f. & cert. ef. 10-26-99
333-064-0065 Civil Penalties (1) In addition to any other penalty provided by law, the Oregon Health Authority, in collaboration with the accrediting body, may impose a civil penalty not to exceed $500 per day per violation upon any and all laboratories that: (a) Falsely purport to be ORELAP accredited; (b) Improperly use their ORELAP accreditation status in order to mislead; or (c) Use the TNI\NELAP logo in catalogs, advertisements, business solicitations, proposals, quotations, laboratory reports and other materials without proper authorization. (2) The Oregon Health Authority reserves the right to pursue other remedies and may take any other disciplinary action against alleged violators. (3) In establishing the amount of the penalty for each violation, the Oregon Health Authority will consider, but not be limited to the following factors: (a) The gravity and magnitude of the violation; (b) The laboratory's previous record of complying or failing to comply with this rule. (c) The laboratory's history in taking all feasible steps or in following all procedures necessary or appropriate to correct the violation; and, (d) Such other considerations as the Oregon Health Authority may consider appropriate. (4) The Oregon Health Authority in collaboration with the accrediting body may deny, suspend or revoke accreditation of any laboratory that fails to pay on demand a civil penalty that has become due and payable, provided that it first gives the laboratory an opportunity for a hearing as outlined in ORS chapter 183. Statutory/Other Authority: ORS 448.280, 438.605, 438.610, 438.615, 438.620 & 475C.578 Statutes/Other Implemented: ORS 448.280, 438.605, 438.610, 438.615, 438.620 & 475C.578 History: PH 45-2022, minor correction filed 04/26/2022, effective 04/26/2022 PH 85-2020, amend filed 12/23/2020, effective 01/01/2021 PH 33-2020, minor correction filed 05/07/2020, effective 05/07/2020 PH 17-2016, f. & cert. ef. 6-7-16 PH 6-2011, f. & cert. ef. 8-9-11 PH 20-2003, f. 12-02-03, cert. ef. 12-08-03 PH 13-2003(Temp), f. & cert. ef. 9-22-03 thru 3-20-04 OHD 16-2002, f. & cert. ef. 10-10-02 OHD 7-1999, f. & cert. ef. 10-26-99
333-064-0130 Cannabis Laboratory Violations and Enforcement (1) In addition to any violation of these rules, it is a violation for a laboratory accredited for cannabis sampling or analysis to: (a) Falsify any documentation that is required by these rules or the laboratory’s accredited policies and procedures. (b) Fail to collect the information required for ordering a test under OAR 333-007-0315 or 333-007-0440. (c) Fail to comply with any applicable TNI standard. (d) Report false or misleading information to the Authority or the Commission. (2) For a violation of these rules, including any violation in section (1) of this rule, ORELAP may: (a) Impose a civil penalty not to exceed $500 per day per violation against a laboratory accredited for cannabis sampling or analysis; and (b) Deny, suspend or revoke accreditation of a laboratory accredited for sampling or analyzing cannabis. (3) A laboratory that has its accreditation revoked under these rules may not reapply for accreditation for one year from the date the revocation is effective. Statutory/Other Authority: ORS 475C.544 & ORS 475C.560 Statutes/Other Implemented: ORS 475C.544 & ORS 475C.560 History: PH 47-2022, minor correction filed 04/26/2022, effective 04/26/2022 PH 46-2020, minor correction filed 05/07/2020, effective 05/07/2020 PH 282-2018, adopt filed 12/20/2018, effective 01/01/2019
333-064-0160 Psilocybin Laboratory Violations and Enforcement (1) In addition to any violation of these rules, it is a violation for a laboratory accredited for psilocybin product sampling or analysis to: (a) Falsify any documentation that is required by these rules or the laboratory’s accredited policies and procedures. (b) Fail to collect the information required for ordering a test under OAR 333-333-7020 or 333-333-7110. (c) Fail to comply with any applicable TNI standard. (d) Report false or misleading information to the Authority or to a client. (2) For a violation of these rules, including any violation in section (1) of this rule, ORELAP may: (a) Impose a civil penalty not to exceed $500 per day per violation against a laboratory accredited for psilocybin product sampling or analysis; and (b) Deny, suspend or revoke accreditation of a laboratory accredited for sampling or analyzing psilocybin products. (3) A laboratory that has its accreditation revoked under these rules may not reapply for accreditation for one year from the date the revocation is effective. Statutory/Other Authority: ORS 438.605, 438.610, 438.615, 438.620, 475A.590, 475A.606 & 475A.618 Statutes/Other Implemented: ORS 438.605, 438.610, 438.615, 438.620, 475A.590, 475A.606 & 475A.618 History: PH 207-2022, adopt filed 12/27/2022, effective 12/27/2022
333-067-0100 Definitions (1) For the purposes of OAR 333-067-0100 to 333-067-0120, unless otherwise defined therein, the words and phrases used in these rules have the same meanings as given to them in 40 Code of Federal Regulations (CFR) 745 Subparts D, E and L. (2) In addition to the definitions from section (1), the following definitions apply to OAR 333-067-0100 to 333-067-0120 unless the context indicates otherwise: (a) "Authority" means the Oregon Health Authority. (b) "Hazard controls" means interim controls as defined in 40 CFR 745.83. (c) "Lead-based paint hazard" has the meaning given in 40 CFR 745.63 and also includes the following: (A) Bare or covered soil on the property of target housing or a child-occupied facility that contains total lead equal to or exceeding 400 parts per million (ppm) in a play area or an average of 1,200 parts per million in the rest of the yard based on soil samples; (B) Surface dust in target housing or a child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding 10 µg/ft2 on floors or 100 µg/ft2 on interior windowsills based on any one single-surface wipe sample; (C) Paint chips or other debris on the property of target housing or a child-occupied facility that contain lead equal to or in excess of 1.0 milligram per square centimeter or more than 0.5 percent by weight; (D) Any circumstances that otherwise satisfies the definition of a lead-based paint hazard where the x-ray fluorescence (XRF) results are inconclusive. Inconclusive XRF results demonstrate the presence of lead-based paint. (d) "Third party" means a person or entity who performs a renovation, as defined in OAR 333-070-0200, or a lead-based paint activity, as defined in OAR 333-069-0100, on behalf of another person or entity. Statutory/Other Authority: ORS 431A.355, ORS 413.042 & ORS 431A.365 Statutes/Other Implemented: ORS 431A.355, ORS 431A.363 & ORS 431A.365 History: PH 18-2022, minor correction filed 02/28/2022, effective 02/28/2022 PH 4-2022, adopt filed 01/11/2022, effective 02/01/2022
333-067-0105 Risk Assessment (1) In addition to the requirements for risk assessments found in OAR chapter 333, division 69, a risk assessment obtained under OAR 333-067-0110(2)(a) must include: (a) Dust wipe samples taken in accordance with clearance categories found in chapter 15 of the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (2012 Edition), issued by the US Department of Housing and Urban Development (HUD), and available on HUD’s website; (b) At least one composite soil sample taken from soil within the dripline of each building face subject or subjected to exterior paint-disturbing work, with a second composite soil sample collected from the nearest play area, if applicable; and (c) An explanation of the results of the risk assessment, identification of any lead-based paint hazards that are reasonably related to the renovation or lead-based paint activity, and options for reducing or abating any identified lead-based paint hazards. (2) All inconclusive x-ray fluorescence (XRF) results are presumed positive for lead-based paint and risk assessors shall not confirm through paint chip sampling unless requested by the Authority. (3) Risk assessors must provide a copy of the risk assessment report to the Authority no more than 10 days after completion of the report. (4) When requesting a risk assessment, the person ordered to obtain a risk assessment under OAR 333-067-0110 must provide a copy of the order to the risk assessor. Note: The Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (2012 Edition) Chapter 15 is available on HUD’s website ( https://www.hud.gov/sites/documents/CH15_CLEARANCE_121212.PDF ) or from the Authority upon request. Statutory/Other Authority: ORS 413.042, ORS 431A.355 & ORS 431A.365 Statutes/Other Implemented: ORS 431A.355, ORS 431A.363 & ORS 431A.365 History: PH 19-2022, minor correction filed 02/28/2022, effective 02/28/2022 PH 4-2022, adopt filed 01/11/2022, effective 02/01/2022
333-067-0115 Violations; Schedule of Penalties (1) The Authority may assess civil penalties under these rules for any of the following violations: (a) Failure to comply with an order or an Authority request to identify a third party; (b) Failure to comply with a stop work order as described in OAR 333-067-0110(8); (c) Knowingly contracting with a person who was not certified under ORS 431A.355 to perform lead-based paint activities or renovation when certification was required under ORS 431A.358. (d) Failure to timely comply with an order, or any part of an order, issued by the Authority as described in OAR 333-067-0110(2). (2) The Authority may impose a civil penalty under this rule up to $5,000 per day per violation. Statutory/Other Authority: ORS 413.042, ORS 431A.355 & ORS 431A.365 Statutes/Other Implemented: ORS 431A.355, ORS 431A.363 & ORS 431A.365 History: PH 21-2022, minor correction filed 02/28/2022, effective 02/28/2022 PH 12-2022, minor correction filed 02/01/2022, effective 02/01/2022 PH 4-2022, adopt filed 01/11/2022, effective 02/01/2022
333-068-0070 Certification Requirements for Contractors Performing Demolitions A contractor, as that term is defined in ORS 701.005(5)(a), is considered certified for the purposes of performing demolitions under Oregon Laws 2017, chapter 739, if the contractor has any of the following current certifications under OAR 333-069-0100 or OAR 333-070-0200: (1) Certified abatement worker; (2) Certified project designer; (3) Certified supervisor; or (4) Certified Renovator. Statutory/Other Authority: ORS 431A.355 & OL 2017, Ch. 739 Statutes/Other Implemented: ORS 431A.355 & OL 2017, Ch. 739 History: PH 25-2017, adopt filed 12/21/2017, effective 01/01/2018