reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 448.119 - Application of ORS 448.119 to 448.285 and other provisions to water systems.

Before a water system is subject to regulation under ORS 448.119 to 448.285, 454.235 and 454.255, the system must have at least four service connections, or it must serve water to public or commercial premises which are used by an average of at least 10 individuals daily at least 60 days each year. In a housing subdivision of four or more living units where the water service connections of individual units are only two or three per water system, at the discretion of the Director of the Oregon Health Authority, the Oregon Health Authority may regulate the water systems within the subdivision under ORS 448.119 to 448.285, 454.235 and 454.255. [1981 c.749 §3; 1985 c.178 §5; 1997 c.249 §146; 2009 c.595 §838]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 448.123 - Purpose.

(1) It is the purpose of ORS 448.119 to 448.285, 454.235 and 454.255 to:
(a) Ensure that all Oregonians have safe drinking water.
(b) Provide a simple and effective regulatory program for drinking water systems.
(c) Provide a means to improve inadequate drinking water systems.
(2) In carrying out the purpose set forth in subsection (1) of this section, the Oregon Health Authority shall act in accordance with the goal set forth in ORS 468B.155.
(3) If, in carrying out any duty prescribed by law, the authority acquires information related to ground water quality in Oregon, the authority shall forward a copy of the information to the centralized repository established pursuant to ORS 468B.167. [1981 c.749 §4; 1989 c.833 §50; 1997 c.249 §147; 2007 c.71 §136; 2009 c.595 §839]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 448.127 - Short title.

ORS 448.119 to 448.285, 454.235 and 454.255 may be referred to as the Oregon Drinking Water Quality Act. [1981 c.749 §5; 1997 c.249 §148]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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. [1981 c.749 §6; 2009 c.595 §840]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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. [1981 c.749 §7; 1983 c.271 §5; 2007 c.559 §1; 2009 c.595 §841]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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 448.135 to the water supplier; and
(2) The water system is providing water that does not meet maximum contaminant standards as determined by an investigation conducted by the authority under ORS 448.150. [1981 c.749 §8; 2009 c.595 §842]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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. [1981 c.749 §9; 1983 c.271 §6; 2009 c.595 §843]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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:
448.153 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 448 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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. [1981 c.749 §11; 2009 c.595 §846]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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. [2023 c.442 §83]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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. [1981 c.749 §12; 2009 c.595 §847]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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. [1981 c.749 §13; 2009 c.595 §848]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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 authority’s administration of functions pursuant to ORS 446.310, 448.030, 448.115 to 448.285, 454.235, 454.255, 455.170 and 757.005 and involving the validity of a rule adopted by the Oregon Health Authority, the Oregon Health Authority shall be made a party to the action, suit or proceeding. [1981 c.749 §14; 2009 c.595 §849; 2015 c.736 §95]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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 authority’s standards. When the order requires a city to acquire a water system, the system must have the majority of its facilities within the city’s 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. [1981 c.749 §17; 2009 c.595 §850]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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. [Formerly 449.247; 1975 c.254 §10; 1979 c.284 §145; 1981 c.749 §15; 2009 c.595 §852]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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 party’s 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 director’s 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. [1973 c.835 §171; 1975 c.254 §11; 1981 c.749 §16; 1997 c.249 §150; 1999 c.849 §§84,85; 2003 c.75 §36; 2009 c.595 §853]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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. [Formerly 449.320; 1975 c.254 §12; 1981 c.749 §18; 2003 c.14 §270]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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:
448.268 and 448.271 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 448 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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 448.268.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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). [1985 c.178 §1; 2001 c.900 §257; 2009 c.595 §856]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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:
448.278 was added to and made a part of 448.119 to 448.285 by legislative action but was not added to any other series in ORS chapter 448. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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. [1973 c.835 §174; 1975 c.254 §13; 1981 c.749 §19; 1999 c.653 §2; 1999 c.1063 §5; 2009 c.595 §860]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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. [1973 c.835 §175; 1975 c.254 §14; 1981 c.749 §20; 1999 c.653 §3; 1999 c.1063 §6; 2009 c.595 §861]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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. [Formerly 449.305; 1983 c.740 §170; 2009 c.595 §862]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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. [Formerly 449.327; 2011 c.597 §198]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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. [Formerly 449.315; 1991 c.67 §124; 2003 c.14 §271; 2009 c.595 §863]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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 user’s 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 user’s 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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 448.370.
Note:
Section 3, chapter 606, Oregon Laws 2023, provides:
Sec. 3.
Notwithstanding section 2 of this 2023 Act [448.375], the Oregon Watershed Enhancement Board shall first submit a report under section 2 of this 2023 Act no later than April 1, 2025. [2023 c.606 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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:
448.405 to 448.465 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 448 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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 448.405.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 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 448.405.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 448.410 - Authority and duties of Environmental Quality Commission; rules; fees.

(1) The Environmental Quality Commission shall:
(a) Adopt rules necessary to carry out the provisions of ORS 448.410 to 448.430 and 448.992.
(b) Classify all sewage treatment works. In classifying the sewage treatment works, the commission shall take into consideration size and type, character of wastewater to be treated and other physical conditions affecting the sewage treatment works and the skill, knowledge and experience required of an operator.
(c) Certify persons qualified to supervise the operation of sewage treatment works.
(d) Subject to the prior approval of the Oregon Department of Administrative Services, establish a schedule of fees for certification under paragraph (c) of this subsection. The fees established under the schedule shall be sufficient to pay the costs incurred by the Department of Environmental Quality in carrying out the provisions of ORS 448.410 to 448.430 and 448.992 and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board.
(2) The commission may grant a variance from the requirements of ORS 448.415, according to criteria established by rule by the commission.
(3) In adopting rules under this section, the commission shall consult with the Oregon Health Authority in order to coordinate rules adopted under this section with rules adopted by the authority under ORS 448.450. [1987 c.635 §2; 1991 c.703 §9; 2003 c.14 §273; 2009 c.595 §867; 2023 c.602 §6]
Note:
See note under 448.405.