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

ORS 448.131. Water quality, construction and installation standards; rules; effect on existing facilities; fees. (1) The Oregon Health Authority shall adopt water quality standards that are necessary to protect the public health through insuring safe drinking water within a water system. (2) In order to insure safe drinking water, the authority shall prescribe: (a) Construction standards governing the performance of a water system insofar as they relate to the safety of drinking water. (b) Standards for the operation of water systems insofar as they relate to the delivery of safe drinking water. (c) Other standards and requirements considered necessary by the authority to insure safe drinking water. (3) The authority shall require that construction and installation plans be submitted and approved before construction begins on new systems or substantial improvements are made to old systems. The authority may adopt rules exempting certain water systems from the plan review process. (4) The authority may impose and collect a fee from a water supplier for reviewing construction and installation plans. (5) Nothing in this section authorizes the authority to require alterations of existing facilities unless alterations are necessary to insure safe drinking water.
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.135. Variances; notice. (1) The Oregon Health Authority may grant variances from standards if: (a) There is no unreasonable risk to health; (b) The water supplier has provided sufficient evidence to confirm that the best available treatment techniques are unable to treat the water in question so that it meets maximum contaminant levels; (c) The water supplier agrees to notify the customers of the water supplier at appropriate intervals, as determined by the authority, why the water system is, or remains, out of compliance with standards; (d) The water supplier agrees to adhere to a compliance schedule, if the authority prescribes one, which outlines how the water supplier intends to achieve compliance with standards. If a schedule is prescribed, it must be reviewed and evaluated every three years; and (e) The authority has announced its intention to grant a variance and has either: (A) Held a public hearing in the affected area prior to granting the variance; or (B) Served notice of intent to grant the variance either personally, or by registered or certified mail to all customers connected to the water system, or by publication in a newspaper in general circulation in the area. If no hearing is requested within 10 days of the date that notice is given, the authority may grant the variance. (2) The authority may grant variances from standards requiring the use of a specified water treatment technique if the authority: (a) Determines that the use of a specified water treatment technique is not necessary to protect the public health based on the nature of the raw water source for a public water system; (b) Has conditioned the variance as required by the federal Safe Drinking Water Act, 42 U.S.C. 300g-4; (c) Has announced its intent to grant a variance and has either: (A) Held a public hearing in the area prior to granting the variance; or (B) Served notice of intent to grant the variance either personally, or by registered or certified mail to all customers connected to the water system, or by publication in a newspaper in general circulation in the area. If no hearing is requested within 10 days of the date that notice is given, the authority may grant the variance; and (d) Promptly notifies the administrator of the United States Environmental Protection Agency of any variance granted, as required by the federal Safe Drinking Water Act, 42 U.S.C. 300g-4.
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.140. Permit for operation of water system. A water system that does not comply with the rules and standards of the Oregon Health Authority shall be operated only after the water supplier has received a permit for the system from the authority if: (1) The authority has not granted a variance from standards as provided under ORS
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.145. When permit may be issued; compliance schedule; hearing; notice. (1) A permit shall be issued by the Oregon Health Authority when there are economic or other compelling factors such that the water supplier is unable to install the water treatment facilities or to meet the maximum contaminant levels. (2) The authority shall prescribe a compliance schedule, including interim measures to eliminate the risk to health, which sets a specific time limit for the water supplier operating on a permit to install the water treatment facilities or to meet the maximum contaminant levels. (3) For so long as the water supplier operates on a permit, the water supplier must notify its customers at least once every three months why the water system is, or remains, out of compliance. (4) When the authority announces its intention to grant a permit, the authority shall: (a) Hold a public hearing in the affected area prior to granting the permit; or (b) Serve notice of intent to issue the permit either personally, or by registered or certified mail to all customers connected to the water system, or by publication in a newspaper in general circulation in the area. If no hearing is requested within 10 days of the date that notice is given, the authority may finalize the permit. (5) The document evidencing the permit shall contain a statement of the conditions under which the water system may operate.
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.150. Duties of authority; fees; rules. (1) The Oregon Health Authority shall: (a) Conduct periodic sanitary surveys of drinking water systems and sources, take water samples and inspect records to ensure that the systems are not creating an unreasonable risk to health. The authority shall provide written reports of the examinations to water suppliers and to local public health administrators, as defined in ORS 431.003. (b) Require regular water sampling by water suppliers to determine compliance with water quality standards established by the authority. These samples shall be analyzed in a laboratory approved by the authority. The results of the laboratory analysis of a sample shall be reported to the authority by the water supplier, unless direct laboratory reporting is authorized by the water supplier. The laboratory performing the analysis shall report the validated results of the analysis directly to the authority and to the water supplier if the analysis shows that a sample contains contaminant levels in excess of any maximum contaminant level specified in the water quality standards. (c) Investigate any water system that fails to meet the water quality standards established by the authority. (d) Require every water supplier that provides drinking water that is from a surface water source to conduct sanitary surveys of the watershed as may be considered necessary by the authority for the protection of public health. The water supplier shall make written reports of such sanitary surveys of watersheds promptly to the authority and to the local health department. (e) Investigate reports of waterborne disease pursuant to ORS 431.001 to 431.550 and 431.990 and take necessary actions as provided for in ORS 446.310, 448.030,
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.153. State Drinking Water Advisory Committee; rules. (1) The State Drinking Water Advisory Committee is created to advise and assist the Oregon Health Authority on policies related to the protection, safety and regulation of public drinking water in Oregon. (2) The committee created under this section shall consist of 15 members appointed by the Public Health Officer. The officer shall make the appointments after considering nominees from: (a) Public water systems of cities with a population greater than 100,000; (b) Privately owned water systems; (c) Environmental advocacy groups; (d) The American Council of Engineering Companies of Oregon; (e) The Conference of Local Health Officials created by ORS 431.330; (f) The League of Oregon Cities; (g) The League of Women Voters of Oregon; (h) The Oregon Association of Water Utilities; (i) The Oregon Environmental Health Association; (j) The Oregon Environmental Laboratory Association; (k) The Pacific Northwest Section of the American Water Works Association; (L) The Special Districts Association of Oregon; (m) Organizations representing plumbers or backflow testers; (n) Water consumers; and (o) Watershed councils. (3) The committee shall adopt rules to govern its proceedings and shall select a chair and any other officers it considers necessary. (4) The members shall be appointed to serve for terms of three years. A vacancy on the committee shall be filled by appointment by the Public Health Officer for the unexpired term. (5) The committee shall meet regularly four times a year at times and places fixed by the chair of the committee. The committee may meet at other times specified by the chair or a majority of the members of the committee. (6) The Oregon Health Authority shall provide assistance and space for meetings as requested by the chair of the committee. (7) Members of the committee shall be entitled to actual and necessary expenses as provided by ORS 292.495 (2). [2007 c.572 1; 2009 c.595 845] Note:
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.155. Technical assistance and training; public information. The Oregon Health Authority: (1) May provide technical assistance and organize, coordinate and conduct training for water system personnel. (2) Shall conduct a program designed to stimulate public participation in matters relating to water systems through public presentations, dissemination of informational materials and other similar efforts.
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.157. Harmful algal blooms; legislative findings. (1) The Legislative Assembly finds and declares harmful algal blooms to be a threat to safe drinking water supplies and a menace to public health and welfare. (2) The Oregon Health Authority, in coordination with the Department of Environmental Quality as further provided for in ORS 468B.600, shall: (a) Determine and identify drinking water sources that are susceptible to harmful algal blooms or that are downstream of or influenced by water bodies that are susceptible to harmful algal blooms. (b) Develop a system for the regular monitoring and testing of drinking water sources determined to be susceptible to harmful algal blooms or that are downstream of or influenced by water bodies that are susceptible to harmful algal blooms. (c) Prioritize monitoring of water bodies that are susceptible to harmful algal blooms and that are: (A) Sources of domestic or municipal drinking water; or (B) Bodies of water accessed by the public for recreational use. (d) Develop a protocol for issuing hazard advisory alerts to the public in the occurrence of a harmful algal bloom.
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.160. Emergency plans. (1) The Oregon Health Authority shall maintain a plan outlining actions to be taken by the authority during emergencies relating to water systems. (2) The authority may require that a water supplier compile an emergency plan if it appears necessary to the Director of the Oregon Health Authority.
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.165. Local government water service plans. (1) Counties may develop water service plans. These plans should encourage small water systems to combine management functions and to consolidate where possible. Water service plans must be in keeping with county land use plans. (2) Cities or counties, whichever have authority to issue building permits, must certify that the Oregon Health Authority has approved the construction and installation plans of a proposed water system development and the development plan does not violate city or county water service plans before issuing a building permit. (3) Counties or boundary commissions are authorized to approve the formation, consolidation and expansion of water systems not owned by cities in keeping with county and city plans. In doing so, counties or boundary commissions should consider whether water service is extended in a logical fashion and water systems have a financial base sufficient for operation and maintenance.
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.170. Agreement to authorize local public health authority to exercise duties; suits involving validity of administrative rule. (1) The Oregon Health Authority may enter into an agreement with a local public health authority, as defined in ORS 431.003, under which the local public health authority performs the duties of the Oregon Health Authority under the Oregon Drinking Water Quality Act. The duration of the agreement, the duties to be performed and the remuneration to be paid by the Oregon Health Authority are subject to agreement by the Oregon Health Authority and the local public health authority. (2) In any action, suit or proceeding arising out of a local public health authoritys administration of functions pursuant to ORS 446.310, 448.030,
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.175. Power of Oregon Health Authority to order compliance. Subject to ORS chapter 183, the Oregon Health Authority: (1) Shall require that the water suppliers give public notice of violations in the water system. (2) May refuse to allow expansion of or additional connections to a water system until the water system meets water quality standards and requirements. (3) May enter an order requiring a water supplier to acquire or construct a water system that provides water that meets the authoritys standards. When the order requires a city to acquire a water system, the system must have the majority of its facilities within the citys adopted urban growth boundary. When the order is entered upon a city, the procedure described in ORS 454.235 to 454.255 shall be followed. (4) May enter an order requiring a water supplier that fails to comply with the schedule prescribed under ORS 448.140 to cease operation of the water system.
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.180. Waiver of construction standards. The Oregon Health Authority may grant waivers on construction standards if the authority is satisfied there will be no unreasonable risk to health.
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.250. Remedy when system a health hazard; special master; sale of system. (1) Whenever a water system or part thereof presents or threatens to present a public health hazard requiring immediate action to protect the public health, safety and welfare, the Director of the Oregon Health Authority may request the district attorney of the county wherein the system is located to institute an action. The action may be commenced without the necessity of prior administrative procedures or hearing and entry of an order or at any time during such administrative proceedings, if such proceedings have been commenced. The action may petition for a mandatory injunction compelling the water supplier to cease and desist operation or to make such improvements and corrections as are necessary to remove the public health hazard or threat thereof. (2)(a) If the water supplier refuses to comply with the order of the court, in addition to other remedies, the court may appoint a special master to operate the water system. Costs of operation and improvement during operation by the special master are to be charged to the water supplier and may be collected by impounding revenue due to the water supplier from customers of the supplier; or, if those funds are insufficient, from other revenues due to the water supplier. (b) The court may require sale of a water system under a special master to a responsible party if the water supplier refuses to comply with the standards and requirements of the Oregon Health Authority. (3) Cases filed under provisions of this section or any appeal therefrom shall be given preference on the docket over all other civil cases except those given an equal preference by statute. (4) Nothing in this section is intended to prevent the maintenance of actions for legal or equitable remedies relating to private or public nuisance or for recovery of damages brought by private persons or by the state on relation of any person.
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.255. Notice of violation; content; hearing; order; appeal. (1) Whenever the Director of the Oregon Health Authority has reasonable grounds to believe that a water system or part thereof is being operated or maintained in violation of any rule adopted pursuant to ORS 448.115 to 448.285, 454.235 and 454.255, the director shall give written notice to the water supplier responsible for the system. (2) The notice required under subsection (1) of this section shall include the following: (a) Citation of the rule allegedly violated; (b) The manner and extent of the alleged violation; and (c) A statement of the partys right to request a hearing. (3) The notice shall be served personally or by registered or certified mail and shall be accompanied by an order of the director requiring remedial action which, if taken within the time specified in the order, will effect compliance with the rule allegedly violated. The order shall become final unless request for hearing is made by the party receiving the notice within 10 days from the date of personal service or the date of mailing of the notice. (4) The form of petition for hearing and the procedures employed in the hearing shall be consistent with the requirements of ORS chapter 183 and shall be in accordance with rules adopted by the Oregon Health Authority. (5) Hearings under this section shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. (6) The order shall be affirmed or reversed by the director after hearing. A copy of the directors decision setting forth findings of fact and conclusions shall be sent by registered or certified mail to the petitioner or served personally upon the petitioner. An appeal from such decision may be made as provided in ORS 183.480 relating to a contested case.
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.265. Prohibited actions; nuisance abatement. (1) It shall be unlawful for any person to do any of the following if the result would be to pollute a source of a water system or to destroy or endanger a water system: (a) Establish or maintain any slaughter pen, stock-feeding yards or hogpens. (b) Deposit or maintain any unclean or unwholesome substance. (2) Violation of subsection (1)(a) or (b) of this section is a public nuisance and may be abated as other nuisances under the laws of this state.
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.268. Area of ground water concern; declaration. If, as a result of its activities under ORS 448.150, the Oregon Health Authority confirms the presence in ground water drinking water supplies of contaminants resulting at least in part from suspected nonpoint source activities, the authority shall declare an area of ground water concern. The declaration shall identify the substances confirmed in the ground water and all ground water aquifers that may be affected. [1989 c.833 32; 2009 c.595 854] Note:
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.271. Transfer of property that includes well; testing; effect. (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 tested for arsenic, nitrates and total coliform bacteria. The Oregon Health Authority also may, by rule, require additional tests for specific contaminants in specific areas of public health concern. The seller shall submit the results of the tests required under this section to the authority and to the buyer within 90 days of receiving the results of the tests. (2) The failure of a seller to comply with the provisions of this section does not invalidate an instrument of conveyance executed in the transaction. [1989 c.833 30; 2009 c.284 1; 2009 c.595 855] Note: See note under
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.273. Federal Safe Drinking Water Act administration. The Legislative Assembly finds that an agreement between this state and the federal government to assume primary enforcement responsibility in this state for the federal Safe Drinking Water Act is in the best interest of this state, subject to the following assumptions: (1) The federal government provides an annual program grant in an amount no less than that allocated for the state in the 1984 fiscal year. (2) The federal government provides technical assistance to this state, as requested, in emergency situations and during outbreaks of waterborne diseases. (3) The federal government must negotiate an annual work plan for the Oregon Health Authority that can be accomplished within the amount of program grant funding available. (4) The authority adopts standards no less stringent than the National Primary Drinking Water Regulations of the United States Environmental Protection Agency. (5) The authority provides engineering assistance through regional offices in at least four geographically distributed areas in this state. (6) In cooperation with representatives of local health departments, the authority develops an equitable formula for distribution of available funds to support local health department water programs. (7) The primacy agreement may be canceled by the authority, upon 90 days notice, if at any time the federal requirements exceed the amount of federal funding and the cancellation is approved by the legislative review agency as defined in ORS 291.371 (1). (8) The federal government can impose financial sanctions against this state if the state fails to meet the objectives of the annual negotiated work plan without reasonable explanation by tying the next annual funding to specific state production and by withholding of funds a possibility if continued unexplained failures occur but no sanction exists to interfere with other types of federal funding in this state. (9) The federal government may seek to enforce the safe drinking water standards if this state fails to take timely compliance action against a public water system that violates such standards. (10) Enforcement under subsection (9) of this section may be by injunctive relief or, in the case of willful violation, civil penalties authorized by 42 U.S.C. 300g-3(a) and (b).
ORS Chapter 448 — Pool Facilities; Water and

ORS 448.277. Authority as administrator. The Oregon Health Authority is authorized to enter into an agreement with the federal government to administer the federal Safe Drinking Water Act in this state. The agreement is subject to the legislative assumption stated in ORS 448.273. The agreement shall remain in effect subject to annual renegotiation of the duties to be performed and the remuneration to be received by the authority except that it may be canceled by the authority, upon 90 days notice, if at any time the federal requirements exceed the amount of federal funding and the cancellation is approved by the legislative review agency as defined in ORS 291.371 (1). [1985 c.178 2; 2009 c.595 857] (Cross-Connections and Backflow Assemblies)