justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.278. Program for regulating cross-connections and backflow assemblies; fees. (1) The Oregon Health Authority shall establish a program for regulating cross-connections and the backflow assemblies that are part of a water system. (2) The authority may assess an annual fee on community water systems for the purpose of implementing the cross-connection and backflow assembly program established pursuant to this section. The fee may not exceed: (a) $30 for a water system that has 15 to 99 service connections; (b) $75 for a water system that has 100 to 999 service connections; (c) $200 for a water system that has 1,000 to 9,999 service connections; or (d) $350 for a water system that has 10,000 or more service connections. [2005 c.806 11; 2009 c.595 858] Note:
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.279. Certification of inspectors of cross-connections and testers of backflow assemblies; fees; rules. (1) The Oregon Health Authority by rule shall establish a certification program for persons who inspect cross-connections or test backflow assemblies. The program shall include minimum qualifications necessary for a person to be certified to: (a) Conduct a cross-connection inspection; and (b) Test a backflow assembly. (2) Except for an employee of a water supplier as defined in ORS 448.115, a person certified under this section must: (a) Become licensed as a construction contractor with the Construction Contractors Board as provided under ORS chapter 701; or (b) Be employed by a landscape contracting business licensed under ORS 671.510 to 671.760. (3) In conjunction with the certification program established under subsection (1) of this section, the authority may establish and collect a fee from an individual requesting certification under the program. A fee imposed under this subsection: (a) Is not refundable; and (b) May not exceed the cost of administering the certification program of the authority for which purpose the fee is established, as authorized by the Legislative Assembly within the budget of the authority and as the budget may be modified by the Emergency Board. (4) The authority may not require a journeyman plumber licensed under ORS chapter 693 or an apprentice plumber, as defined in ORS 693.010, to obtain a certification for testing backflow assemblies under the program established under this section. (5) All moneys collected by the Oregon Health Authority under this section shall be deposited in the General Fund to the credit of an account of the authority. Such moneys are continuously appropriated to the Oregon Health Authority to pay the cost of administering the certification program established pursuant to this section and the cost of administering water system cross-connection and backflow assembly programs. [1993 c.565 2,3; 1997 c.398 1; 1999 c.402 3; 2005 c.609 9; 2005 c.736 1; 2005 c.806 12; 2007 c.71 137; 2007 c.541 4; 2009 c.595 859] (Civil Penalties)
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.280. Civil penalties; notice. (1) In addition to any other penalty provided by law: (a) Any person who violates any rule of the Oregon Health Authority relating to the construction, operation or maintenance of a water system or part thereof shall incur a civil penalty not to exceed $500 for each day of violation, except that a violation at any water system that serves more than 10,000 people shall be subject to a civil penalty not to exceed $1,000 for each day of violation. (b) Any person who operates an environmental laboratory and who purports that the laboratory is accredited under the environmental laboratory accreditation program established under ORS 438.615 when the laboratory is not accredited shall incur a civil penalty in accordance with the schedule of penalties established by rule by the Director of the Oregon Health Authority, in collaboration with the accrediting authority. (2) No civil penalty prescribed under subsection (1) of this section shall be imposed until the person incurring the penalty has received five days advance notice in writing from the authority or unless the person incurring the penalty shall otherwise have received actual notice of the violation not less than five days prior to the violation for which a penalty is imposed.
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.285. Penalty schedule; factors to be considered in imposing penalty; rules. (1) The Director of the Oregon Health Authority shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation. No civil penalty shall exceed $500 per day, except that a violation at any water system that serves more than 10,000 people shall be subject to a civil penalty not to exceed $1,000 for each day of violation. (2) The director may impose the penalty without hearing but only after the notice required by ORS 448.280 (2). In imposing a penalty pursuant to the schedule or schedules adopted pursuant to this section, the director shall consider the following factors: (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. (b) Any prior violations of statutes, rules, orders and permits pertaining to the water system. (c) The economic and financial conditions of the person incurring the penalty. (3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the Oregon Health Authority considers proper and consistent with the public health and safety. (4) In adopting rules or imposing penalties under this section for violations of ORS 448.280 (1)(b), the director shall collaborate with the accrediting authority.
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.290. Process for imposing civil penalty. (1) Civil penalties under ORS 448.285 shall be imposed as provided in ORS 183.745. (2) All amounts recovered under this section shall be paid into the State Treasury and credited to the General Fund. [1973 c.835 176; 1989 c.706 15; 1991 c.734 28] (Jurisdiction of Cities)
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.295. Jurisdiction of cities over property used for system or sources. Subject to the authority of the Oregon Health Authority, for the purpose of protecting from pollution their domestic water supply sources, cities shall have jurisdiction over all property: (1) Occupied by the distribution system or by the domestic water supply sources by and from which the city or any person or corporation provides water to the inhabitants of the city. (2) Acquired, owned or occupied for the purpose of preserving or protecting the purity of the domestic water supply source. (3) Acquired, owned or occupied by cities within the areas draining into the domestic water supply sources.
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.300. City ordinance authority. Cities may prescribe by ordinance what acts constitute offenses against the purity of the water supply and the punishment or penalties therefor and may enforce those ordinances within their corporate limits and on property described in ORS 448.295. [Formerly 449.310]
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.305. Special ordinance authority of certain cities. (1) Subject to subsection (2) of this section, by ordinance a city may prohibit or restrict access for purposes of fishing, hunting, camping, hiking, picnicking, trapping of wild animals or birds, harvesting of timber or mining or removal of minerals or carrying on any other activity in its watershed area, or by ordinance may permit any such activity in its watershed area upon conditions specified in the ordinance. However, no ordinance passed under authority of this section shall prohibit the hunting or trapping of fur-bearing or predatory mammals doing damage to public or private property or prohibit the hunting or trapping of any bird or mammal for scientific purposes, as defined in ORS 497.298 (3). (2) Subsection (1) of this section applies only to cities with respect to watershed areas which are the subject of an agreement between the city and the United States or any department or agency thereof, which agreement authorizes such action by the city. (3) Violation of an ordinance adopted by any city pursuant to this section is a Class C misdemeanor. (4) After adoption of an ordinance pursuant to subsection (1) of this section, a city shall post the area with suitable signs setting forth the prohibition of access or the conditions of limited access imposed by the ordinance. Failure to post the area as required in this subsection shall be a defense in any prosecution under an ordinance adopted by any city under authority of this section.
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.310. Investigation of complaints. The officer in charge of the domestic water supply source or the community water supply system serving the city shall investigate complaints made concerning purity of the source or system and if the complaint appears to be well founded, file a complaint against the person violating ordinances of the city and cause arrest and prosecution. [Formerly 449.335]
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.315. Special police to enforce ORS 448.295. The mayor or authorities having control of the community water supply system supplying the city may appoint special police officers who: (1) After taking oath, shall have the powers of constables. (2) May arrest with or without warrant any person committing, within the territory described in ORS 448.295, for: (a) Any offense against the purity of the domestic water supply source or the community water supply system under state law or an ordinance of such city; or (b) Any violation of any rule of the Oregon Health Authority or the authorities having control of the city water system for the protection of the purity of the domestic water supply source or the community water supply system. (3) May take any person arrested for any violation under this section before any court having jurisdiction thereof to be proceeded with according to law. (4) When on duty, shall wear in plain view a badge or shield bearing the words Special Police and the name of the city for which appointed.
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.325. Injunction to enforce city ordinances. In cases of violation of any ordinance adopted under ORS 448.300 or 448.305 any city or any corporation owning a domestic water supply source or the community water supply system for the purpose of supplying any city or its inhabitants with water may have the nuisance enjoined by civil action in the circuit court of the proper county. The injunction may be perpetual. [Formerly 449.340] (Water Pipes and Fittings)
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.330. Moratorium of pipe and fittings for potable water supply; acceptability criteria; exceptions; rules. (1) The Director of the Oregon Health Authority may prohibit the sale of water pipe used to carry potable water and solders, fillers or brazing material used in making up joints and fittings in this state and the installation or use of water pipe used to carry potable water and solders, fillers or brazing material used in making up joints and fittings in any private or public potable water supply system or individual water users lines until such time as the director determines that adequate standards exist and are practiced in the manufacture of water pipe used to carry potable water and solders, fillers or brazing material used in making up joints and fittings to insure that the pipe and solder do not present a present or potential threat to the public health in this state. (2) The director shall adopt, by rule, product acceptability criteria for water pipe used to carry potable water and solders, fillers or brazing material used in making up joints and fittings for water supply purposes which insure that the pipe and solder do not present a threat to the public health in this state. The Oregon Health Authority shall be responsible for the monitoring of the sale and use of water pipe used to carry potable water and solders, fillers or brazing material used in making up joints and fittings for compliance with the product acceptability criteria. The Department of Consumer and Business Services shall cooperate with, and assist, the authority in its monitoring efforts. (3) No water pipe used to carry potable water or solders, fillers or brazing material used in making up joints and fittings which does not conform to the product acceptability criteria adopted under subsection (2) of this section shall be sold in this state or installed in any part of any public or private potable water supply system or individual water users lines. (4) Notwithstanding subsection (1) or (3) of this section, the director may grant exemptions from any prohibition of the sale or use of water pipe used to carry potable water for the emergency repair or replacement of any existing part of a water supply system, or for the necessary use by a well driller in the installation of a well. The director may require any person using water pipe used to carry potable water under this subsection to notify the authority of the date and location of that use. [1979 c.535 1; 1987 c.414 152; 2009 c.595 864] (Grants to Protect, Restore or Enhance Sources of Drinking Water)
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.375. Biennial report. No later than April 1 of each even-numbered year, the Oregon Watershed Enhancement Board shall submit a report, in the manner provided by ORS 192.254, to the interim committees of the Legislative Assembly related to water. The report shall describe the performance of the grant program established under ORS 448.370. The report must include, but need not be limited to: (1) Each grant awarded under the program since the last report; (2) The types and amounts of resources leveraged by grant moneys; (3) A description of projects currently in development; (4) An estimate of future project demand; and (5) Recommendations, if any, for changes to the design, scope or administration of the program to better fulfill the purposes of ORS 448.370. [2023 c.606 2] Note: See note under
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.380. Community Drinking Water Enhancement and Protection Fund. The Community Drinking Water Enhancement and Protection Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Community Drinking Water Enhancement and Protection Fund shall be credited to the fund. The fund shall consist of all moneys credited to the fund, including moneys appropriated or transferred to the fund by the Legislative Assembly. Moneys in the fund are continuously appropriated to the Oregon Watershed Enhancement Board for the purpose of carrying out ORS 448.370. [2023 c.606 4] Note: See note under
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.405. Definitions for ORS 448.405 to 448.465. As used in ORS 448.405 to 448.465: (1) Commission means the Environmental Quality Commission. (2) Department means the Department of Environmental Quality. (3) Director means the Director of the Department of Environmental Quality. (4) Operator means a person responsible for the operation of a potable water treatment plant, water distribution system or sewage treatment works. (5) Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality or any other political subdivision of this state, any interstate body or any other legal entity. (6) Potable water treatment plant means that portion of a water system that in some way alters the physical, chemical or bacteriological quality of the water being treated. (7) Sewage treatment works means any structure, equipment or process required to collect, carry away and treat domestic waste and dispose of sewage as defined in ORS 454.010. (8) Supervise means to operate or to be responsible for directing employees that are responsible for the operation of a water system. (9) Water distribution system means that portion of the water system in which water is stored and conveyed from the potable water treatment plant or other supply point to the premises of a consumer. (10) Water system means potable water treatment plants and water distribution systems: (a) That have 15 or more service connections used by year-round residents or that regularly serve 25 or more year-round residents; or (b) That regularly serve at least 25 of the same persons for more than six months per year. [1987 c.635 1; 1999 c.653 4; 2001 c.900 197] Note:
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.407. Advisory committee to commission and Oregon Health Authority. To aid and advise the Environmental Quality Commission and the Oregon Health Authority in the adoption of rules under ORS 448.410 and 448.450, the Director of the Department of Environmental Quality and the Director of the Oregon Health Authority shall appoint an advisory committee. The members of the committee shall include but need not be limited to representatives of all types of water systems. [1987 c.635 16; 2009 c.595 865] Note: See note under
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.409. Biennial report. On or before January 1 of each odd-numbered year, the Department of Environmental Quality and the Oregon Health Authority shall develop and submit a joint report to the Legislative Assembly. The report shall include, but need not be limited to: (1) A summary of actions taken under ORS 448.405 to 448.465, 448.992 and 448.994; (2) An evaluation of the effectiveness of such actions; and (3) Any information and recommendations, including legislative recommendations the department or the authority considers appropriate. [1987 c.635 17; 2001 c.900 198; 2003 c.14 272; 2009 c.595 866] Note: See note under
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.410. shall be recognized as valid and sufficient within the purview of ORS 448.410 to 448.430 and 448.992, if in the judgment of the director, the certification requirements of such state are substantially equivalent to the requirements of ORS 448.410 to 448.430 and 448.992 or any rule adopted under ORS 448.410 to
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.415. Certification required for operators. (1) Except as provided in ORS 448.430, any sewage treatment works, whether publicly or privately owned, used or intended for use by the public or private persons must be supervised by an operator certified pursuant to ORS 448.410. The operators certification must correspond to the classification of the sewage treatment works supervised by the operator. (2) Except as provided in ORS 448.430, a person may not: (a) Allow any sewage treatment works to be operated unless the operator is certified or the sewage treatment works is supervised by an operator certified under the provisions of ORS 448.410 to 448.430 and 448.992. (b) Perform the duties of an operator unless the person is certified under the provisions of ORS 448.410 to 448.430 and 448.992. [1987 c.635 3,4] Note: See note under
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.420. Special certification provisions. On and after September 27, 1987, an operator holding a current Oregon sewage treatment certification issued under a voluntary certification program shall be considered certified under the program established under ORS 448.410 at the same classification and grade. Certification of operators by any state that, as determined by the Director of the Department of Environmental Quality, accepts certifications made under ORS
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.425. Deposit and use of fees. Any fees collected pursuant to the schedule adopted under ORS 448.410 shall be deposited in the General Fund of the State Treasury to the credit of the Department of Environmental Quality. Such fees are continuously appropriated to the department to pay the cost of administering the provisions of ORS 448.410 to 448.430 and 448.992. [1987 c.635 6] Note: See note under
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.430. Certification exception. The requirements of ORS 448.415 shall not apply to: (1) Any sewage treatment works with an approved design flow of less than 75,000 gallons a day, if the owner has contracted with a certified operator to provide part-time supervision as the Environmental Quality Commission by rule determines necessary; or (2) A subsurface sewage disposal system as defined in ORS 454.605. [1987 c.635 7] Note: See note under
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.450. Powers and duties of Oregon Health Authority; rules; fees. (1) The Oregon Health Authority shall: (a) Adopt rules necessary to carry out the provisions of ORS 448.450 to 448.465,
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.455. Certification required for operators. (1) Any potable water treatment plant or water distribution system whether publicly or privately owned, used or intended for use by the public or private persons must be supervised by an operator certified pursuant to ORS 448.450. The operators certification must correspond to the classification of the water treatment plant or distribution system supervised by the operator. (2) A person may not: (a) Allow any potable water treatment plant or water distribution system to be operated unless the operator is certified or the potable water treatment plant or water distribution system is supervised by an operator certified under the provisions of ORS 448.450 to 448.465, 448.992 and 448.994. (b) Perform the duties of an operator unless the person is certified under the provisions of ORS 448.450 to 448.465, 448.992 and 448.994. [1987 c.635 10,11; 2001 c.723 2] Note: See note under
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.460. Special certification provisions. On and after September 27, 1987, an operator holding a current Oregon water treatment certification issued under a voluntary certification program shall be considered certified under the program established under ORS 448.450 at the same classification and grade. Certification of operators by any state that, as determined by the Oregon Health Authority, accepts certifications made under ORS 448.450 to 448.465,
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.465. Legislative Assembly as that budget may be modified by the Emergency Board. (2) Notwithstanding the authority of the Oregon Health Authority to establish fees for certification under subsection (1)(d) of this section, the authority will not establish fees for certification of operators of water systems serving ground water to fewer than 150 service connections. (3) In adopting rules under this section, the authority shall consult with the Department of Environmental Quality in order to coordinate rules adopted under this section with rules adopted by the Environmental Quality Commission under ORS 448.410. [1987 c.635 9; 1991 c.67 125; 1991 c.703 10; 2001 c.723 1; 2001 c.900 199a; 2009 c.595 868; 2023 c.602 7] Note: See note under
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.470. [1987 c.635 14; 1989 c.1091 1; repealed by 2001 c.723 3] PENALTIES
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.990. Penalties for violations of pool facility or water system requirements. (1) Violation of ORS 448.005 to 448.090 by any person, firm or corporation, whether acting as principal or agent, employer or employee, is a Class B misdemeanor. Each day that the violation continues is a separate offense. (2) Subject to ORS 153.022, violation of any of the following is a Class A misdemeanor: (a) Any rule of the Oregon Health Authority adopted pursuant to ORS 448.115 to