reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0095 - Severability

Current through Register Vol. 63, No. 7, July 1, 2024
These rules are severable, if any rule or part thereof or the
				application of such rule to any person or circumstance is declared invalid,
				that invalidity shall not affect the validity of any remaining portion of these
				rules.
Stat. Auth.: ORS 448.131
Stats. Implemented: ORS
				  448.131
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0100 - Requirements for Oregon Very Small Water Systems

Current through Register Vol. 63, No. 7, July 1, 2024
This rule applies to Oregon very small water systems as defined
				in OAR 333-061-0020. These are public water systems which serve 4 to 14 service
				connections or that serve commercial or public premises which are used by 10 to
				24 people at least 60 days per year. Oregon very small water systems are exempt
				from the requirements in OAR chapter 333 division 061 except as provided in
				this rule.
(1) Water suppliers
			 responsible for Oregon very small water systems must comply with the provisions
			 described herein and must take all reasonable actions to ensure that these
			 systems provide safe drinking water as specified in this rule.
(a) Water suppliers must provide to the
			 Authority, upon request, access to water system facilities, records or any
			 information that will enable the Authority to conduct an inspection, collect
			 water samples, or assess compliance with the requirements of this
			 rule.
(b) It is a violation of this
			 rule if:
(A)
E. coli
bacteria
			 are present in one sample and total coliform bacteria are present in one or
			 more samples collected according to subsection (2)(c) of this rule, within a
			 30-day period;
(B) Nitrate exceeds
			 10 mg/L in any sample collected according to subsection (2)(d) of this
			 rule;
(C) Water system facilities
			 do not meet the standards specified in section (3) of this rule; or
(D) Monitoring is not conducted according to
			 section (2) of this rule.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0210 - Scope

Current through Register Vol. 63, No. 7, July 1, 2024
OAR
				333-061-0210  through
				333-061-0272 apply to community and non-transient non-community public water systems, water
				suppliers responsible for these types of water systems, and the operators of
				water treatment plants and distribution systems at community and non-transient
				non-community public water systems.
Stat. Auth.: ORS 448.131
Stats. Implemented: ORS 448.450, 448.455, 448.460, 448.465  & 448.994
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0220 - Classification of Water Treatment Plants and Water Distribution Systems

Current through Register Vol. 63, No. 7, July 1, 2024
Water treatment plants and distribution systems at community
				and non-transient non-community public water systems are classified based on
				the size and complexity of the water system facility. Classification of a water
				system or water system facility determines the level of certification required
				for operators in direct responsible charge of a water system or water system
				facility as prescribed by OAR 333-061-0225.
(1) Small water system classification applies
			 when a water system serves fewer than151 service connections and:
(a) Uses only groundwater as its source;
			 or
(b) Purchases finished water
			 from another public water system.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0225 - General Requirements Applying to Water Suppliers and Water Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Water suppliers
			 responsible for community and non-transient non-community water systems must at
			 all times employ, contract with, or otherwise utilize an operator to be in
			 direct responsible charge of every distribution system and water treatment
			 plant. An operator designated in direct responsible charge of a distribution
			 system or water treatment plant must be available during those periods of time
			 when decisions relating to treatment processes, water quality, and water
			 quantity that may affect public health are made.
(a) The operator(s) described in this section
			 must be certified as prescribed by OAR
			 333-061-0228  or
			 333-061-0235  through 0265, at a level equal to or greater than the classification of the
			 distribution system or water treatment plant as prescribed by
			 333-061-0220,
			 for which they are responsible.
(b) A water supplier subject to this rule
			 must report to the Authority, the name(s) of the operator(s) that has been
			 designated to be in direct responsible charge of the distribution system and
			 water treatment plant as applicable, and must notify the Authority within 30
			 days of any change of operator.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0228 - Certification Requirements for Small Water System Operators

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To obtain certification as the operator
			 of a small water system as defined in OAR 333-061-0220(1), individuals must:
(a) Have graduated from high school or
			 completed an approved GED program;
(b) Have completed an Authority-approved
			 training for small water system operations;
(c) Submit a certificate demonstrating
			 completion of the requirements specified in subsections (1)(a) and (b) of this
			 rule; and
(d) Beginning on August
			 1, 2022, obtain a score of at least 70 percent on an Authority-approved written
			 examination for small water system operations. For individuals with
			 certification that expires after July 31, 2022, the person must pass the
			 written examination to obtain a new certificate upon expiration of their
			 existing certification.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0230 - Contracting For Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Water
			 suppliers responsible for community and non-transient non-community water
			 systems may establish contracts with an individual certified operator, another
			 water supplier, or an organization with certified operators available for
			 contract to obtain operational services at a public water system.
(2) Operators contracted to be in direct
			 responsible charge of a water system, distribution system or a water treatment
			 plant, as prescribed by OAR
			 333-061-0225  must be certified at or greater than the level of the classification of the
			 water system or facility for which they will be responsible.
(3) Written contracts for operators
			 designated in direct responsible charge of a water system must:
(a) Require the operator to be available on
			 call 24 hours every day and able to respond on-site, to the water system, upon
			 request; and
(b) Specify that the
			 operator will take corrective action when the results of analyses or
			 measurements indicate maximum contaminant levels have been exceeded or minimum
			 treatment levels are not maintained.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0235 - Operator Certification Requirements, Levels 1-4

Current through Register Vol. 63, No. 7, July 1, 2024
Operator certification, as specified in this rule, corresponds
				to each of the levels of water system facility classification specified in OAR
				333-061-0220(2) through (4).
(1) To
			 receive certification as specified in this rule, applicants must:
(a) Provide proof of, including the date of
			 graduation or completion, a high school diploma, GED, associate's degree,
			 bachelor's degree, master's degree, or PhD; and
(b) Successfully complete an examination for
			 the level and type of certification sought by the applicant.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0245 - Applications for Certification Levels 1-4

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant for certification must
			 submit documentation with any application demonstrating that their qualifying
			 experience and education meets the minimum requirements specified in OAR
			 333-061-0235.
(2) To obtain initial
			 certification or certification at a higher level by examination, individuals
			 must:
(a) Submit complete, signed copies of
			 their application for the examination, and affidavit of experience;
(b) Meet the minimum qualifications for the
			 certification sought as prescribed by OAR 333-061-0235;
(c) Pay the applicable examination fee as
			 prescribed by OAR 333-061-0265  for the certification sought and examination
			 applied for; and
(d) Successfully
			 pass the examination for the certification sought.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0250 - Examinations for Certification, Levels 1-4

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Examinations will be provided at
			 locations and at times designated by the Authority or its designee.
(2) Applicants must obtain a minimum score of
			 70 percent in order to pass the examination.
(3) Individuals may not take the same
			 examination more than twice in a 12 month period unless they can demonstrate,
			 to the satisfaction of the Authority, that they have completed specific
			 education related to the examination since taking the second examination.
(4) The Authority or its designee
			 will score all examinations and notify applicants of the results. Examinations
			 will not be returned to the applicant.
Stat. Auth.: ORS 448.131
Stats. Implemented: ORS 448.450, 448.455, 448.460, 448.465  & 448.994
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0260 - Certificate Renewal Levels 1-4

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Certification expires December 31 every two years based upon the first letter
			 in the last name of the individual. Certification for individuals with names
			 beginning in the letters A-K expires in even numbered years, and certification
			 for individuals with names beginning in the letters L-Z expires in odd numbered
			 years. Certification renewal fees may be prorated if an individual's current
			 certification expires one year prior to the beginning of the next two-year
			 certification period.
(2) Operators
			 must earn two CEUs every two years in areas of relevant subject matter as
			 described below.
(a) CEU for specialized
			 operator training will be accepted from the following categories at the
			 discretion of the Authority.
(A) Technical
			 capacity: water treatment facilities construction and performance, source
			 construction and protection, capacity, storage, pumping and distribution
			 facility construction and protection, water distribution integrity/leakage and
			 water quality issues related to public/user health.
(B) Managerial capacity: water system
			 operation, planning, system governance, development and implementation of
			 system policies, professional support, record keeping, drinking water and
			 related regulations to insure protection of public health, communication and
			 involvement with water users.
(C)
			 Financial capacity: adequacy of revenues to meet expenses, revenue sources,
			 affordability of user charges, rate setting process, budgeting, production and
			 utilization of a capital improvement plan, periodic financial audits, bond
			 ratings, debt and borrowing.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0265 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All fees must
			 be paid to the Oregon Health Authority or its designee.
(2) Application fees are not refundable
			 unless:
(a) The Authority has taken no action
			 on a certification application; or
(b) The Authority determines the wrong
			 application has been filed.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0270 - Refusal, Suspension, or Revocation of Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority may deny an individual's
			 initial or renewal application for operator certification, or suspend or revoke
			 an operator's certification if the applicant or operator:
(a) Obtained the certificate by fraud,
			 deceit, or misrepresentation;
(b)
			 Has been grossly negligent, incompetent or has demonstrated misconduct in the
			 performance of the duties of an operator or supervisor of a distribution system
			 or water treatment plant in Oregon or any other state, province or country;
(c) Has violated or failed to
			 comply with any Authority rule or order;
(d) Fails to comply with any Authority
			 investigation; or
(e) Knowingly
			 makes any false statement or misrepresentation in any application, record, or
			 other document filed with the Authority.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0272 - Suspension of Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Authority may immediately suspend an operator's certification for violation of
			 any portion of OAR
			 333-061-0005  to
			 333-061-0270  if the Authority finds that such violation(s) constitute a serious danger to
			 the public health or safety. The Authority shall set forth specific reasons for
			 such findings.
(2) An operator has
			 90 days from the date of notice to the operator to request a hearing. The
			 hearing shall be held as soon as practicable if a request for hearing is
			 received by the Authority.
Stat. Auth.: ORS 448.131
Stats. Implemented: ORS 431.110, 431.150, 448.450, 448.455  & 448.994
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0305 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to provide a basis for
				implementing ORS 448.271. This law became effective on July 24, 1989, and
				establishes a program to provide water quality monitoring of underground
				aquifers that are used for domestic purposes.
Stat. Auth.: ORS 448.131
Stats. Implemented: ORS
				  448.271
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0310 - Scope

Current through Register Vol. 63, No. 7, July 1, 2024
These rules apply to sellers in any transaction for the sale or
				exchange of real estate that includes a dug, drilled or driven well that
				supplies ground water for domestic purposes. Properties with springs that are
				used for domestic purposes are exempt from these rules. The seller is required
				to have certain tests done on the well water and send the results to the
				Authority. Failure of seller to test will not interfere with the sale of the
				property. The Authority may require tests for other contaminants under certain
				conditions.
Stat. Auth.: ORS 448.131
Stats. Implemented: ORS
				  448.271
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0324 - Area of Public Health Concern

Current through Register Vol. 63, No. 7, July 1, 2024
If the Authority confirms, as a result of monitoring required
				by OAR
				333-061-0036,
				monitoring or assessment activities conducted by the Department of
				Environmental Quality, or any other scientifically valid data approved by the
				Authority, the presence of contaminants likely to cause adverse human health
				effects in groundwater supplies, then the Authority may declare an area of
				public health concern. The declaration shall specify the following:
(1) The specific aquifer(s) or geographic
			 boundaries subject to the contamination;
(2) The detected contaminant(s);
(3) The human health risks attributed to the
			 contaminant;
(4) The expected
			 duration of the contamination; and
(5) The suspected or confirmed source of the
			 contamination.
Stat. Auth.: ORS 448.131
Stats. Implemented: ORS
				  448.271
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0325 - Domestic Well Tests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In any
			 transaction for the sale or exchange of real estate that includes a well that
			 supplies ground water for domestic purposes, the seller of the real estate
			 shall, upon accepting an offer to purchase that real estate, have the well
			 water tested for arsenic, nitrate, and total coliform bacteria. If the well is
			 in a designated area of public health concern, the Authority may require
			 additional testing.
(2) The
			 seller, or seller's designee, must submit the results of the required tests to
			 the Authority and to the buyer within 90 days of receiving the results of the
			 tests.
(3) If the seller, or
			 seller's designee, fails to comply with sections (1) and (2) of this rule, this
			 does not invalidate any of the documents needed to complete the sale of the
			 real estate.
(4) The seller, or
			 seller's designee, is responsible for making sure that the Authority's Water
			 Systems Data Sheet is completed and submitted to the Authority with copies of
			 the arsenic, nitrate, and total coliform bacteria lab slips.
(5) The Water Resources Department well
			 identification number and a description of the property shall be entered on the
			 water system data sheet for the seller to be considered in compliance with ORS
			 448.271. The description shall include township, range, section, street
			 address, city, state and zip code.
(6) The lab tests required by ORS 448.271 cannot be waived even if the buyer agrees not to have the well tested.
(7) The lab tests for arsenic,
			 nitrate, and coliform bacteria are considered valid for one year if they are
			 associated with the sale of the property.
(8) If the well is not on the property being
			 sold, but the real property includes an interest to a well on adjacent
			 property, including an easement, that interest would be considered part of the
			 real property. Therefore the tests would be required.
(9) ORS 448.271 only applies to wells that
			 have been made operational to supply groundwater for domestic purposes. Capped
			 domestic wells on unimproved lots are not required to be tested.
Stat. Auth.: ORS 448.131
Stats. Implemented: ORS 431.110, 431.150, 448.131 &
				  448.271
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0330 - Accredited Laboratories

Current through Register Vol. 63, No. 7, July 1, 2024
Only laboratories accredited according to Oregon Environmental
				Laboratory Accreditation Program (ORELAP) standards, as prescribed by OAR
				333-064-0005  through
				0065, shall be used to conduct the water tests required by these rules.
Stat. Auth.: ORS 448.131
Stats. Implemented: ORS 431.110, 431.150, 448.131 &
				  448.271
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0335 - Sample Collection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only
			 persons who have knowledge of the appropriate procedures for the collection and
			 handling of the water samples for arsenic, nitrate, and total coliform bacteria
			 and who have experience in this area shall collect the samples. These persons
			 include Registered Sanitarians, certified water system operators, well
			 drillers, pump installers, and lab technicians. Specific instructions for the
			 collection, preservation, handling and transport of the samples may be obtained
			 from certified laboratories, county health departments or the Authority and
			 must be strictly adhered to.
(2)
			 The samples must be drawn from the source prior to any form of water treatment.
			 Samples may be collected after treatment injection points where water treatment
			 has been bypassed or temporarily disabled.
(3) In the event that the well has been shock
			 chlorinated, no follow up samples shall be taken until five days have elapsed.
Stat. Auth.: ORS 448.131
Stats. Implemented: ORS 431.110, 431.150, 448.131 &
				  448.271
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0400 - Reducing Lead in School Drinking Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this rule, the
			 following definitions apply:
(a) "School"
			 means a school district, education service district, or public charter
			 school.
(b) "Tap":
(A) Means any plumbing fixture in a building
			 or on property owned or leased by a school where students or staff are present
			 on a regular basis and where water is used for drinking or food
			 preparation.
(B) Does not include
			 any of the following classes of plumbing fixtures:
(i) Shower heads;
(ii) Pipes used to convey water to systems
			 for building heat;
(iii) Dedicated
			 eye wash stations and emergency showers;
(iv) Fixtures in areas with no student access
			 used exclusively for building sanitation purposes by staff;
(v) Fixtures used exclusively for irrigation,
			 unless it is reasonable to believe that students or staff will use water from
			 that fixture for drinking; and
(vi)
			 Fixtures in science and technical education classrooms that provide education
			 to grades 6 through 12 exclusively where the fixtures:
(I) Have signs indicating they are not
			 sources of drinking water; and
(II)
			 Are not intended to be used for drinking or food preparation as part of the
			 curriculum.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0510 - Applicability of Cyanotoxin Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Water suppliers are subject to OAR 333-061-0510  to 333-061-0580  when they own
			 or operate water systems that:
(a) Are
			 supplied by a surface water source that is determined by the Authority to be
			 susceptible to harmful algal blooms or release of cyanotoxins; or
(b) Are supplied by a groundwater source
			 determined by the Authority to be under the direct influence of a surface water
			 source that is susceptible to harmful algal blooms or release of cyanotoxins;
			 or
(c) Purchase water from another
			 water system that is supplied by a surface water source or a groundwater source
			 determined by the Authority under the direct influence of a surface water that
			 is susceptible to harmful algal blooms or release of cyanotoxins.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0520 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions in OAR 333-061-0020, the
				following definitions apply to OAR 333-061-0510  to 333-061-0580:
(1) "Confirmation sample" means a water
			 sample taken after exceeding a health advisory level at the entry point on a
			 different day but the same location.
(2) "Cyanobacteria" are photosynthetic
			 bacteria that share some properties with algae and are found naturally in
			 freshwater and saltwater. Some species of cyanobacteria can produce toxins,
			 which are known to be harmful to human health above certain
			 concentrations.
(3) "Cyanotoxins"
			 means total microcystins and cylindrospermopsin produced by
			 cyanobacteria.
(4) "Detected" or
			 "detection" means an analytical result that is equal to or greater than the
			 reporting limit for the analytical method being used.
(5) "Distribution sampling points" means
			 representative points in the distribution system.
(6) "Entry point" means a location where
			 water is introduced into the distribution system of a public water system and
			 intended for distribution and consumption without further treatment, except as
			 necessary to maintain water quality in the distribution system, such as for
			 example, booster chlorination. This location is a regulatory point where water
			 is known to be fully treated and does not refer to the point at which water is
			 delivered to a purchasing water system.
(7) "Harmful algal bloom" means a dense
			 colony of cyanobacteria that can rapidly multiply in surface waters when
			 environmental conditions are favorable for growth.
(8) "Health advisory level" is the
			 concentration of a cyanotoxin determined by the US Environmental Protection
			 Agency, as specified in OAR 333-061-0530(1), at or below which adverse health
			 effects are not expected to occur if consuming water containing cyanotoxins at
			 this concentration for up to 10 days.
(9) "Monitoring" means collecting a sample,
			 having it analyzed by an accredited lab, and ensuring results are reported to
			 the Authority.
(10) "Raw water
			 sampling point" means a sampling point on a water source intake in use prior to
			 any treatment, or another raw water sampling point acceptable to the
			 Authority.
(11) "Recreational use
			 health advisory" means a health advisory issued by the Authority for a water
			 body when cyanotoxins are determined to be above any recreational use value for
			 total microcystins, cylindrospermopsin, saxitoxin, or anatoxin-a.
(12) "Vulnerable people" means infants,
			 children under the age of six, pregnant women, nursing mothers, those with
			 pre-existing liver conditions, and those receiving dialysis
			 treatment.
Statutory/Other Authority: ORS
				  448.123,
				  448.131  & 448.150
Statutes/Other Implemented: ORS
				  448.123 &
				  448.150
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0530 - Health Advisory Levels

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 the purposes of OAR 333-061-0510  to 333-061-0580  the health advisory levels are
			 as follows:
(a) Total Microcystins: 0.3
			 µg/L for vulnerable people; 1.6 µg/L for all persons.
(b) Cylindrospermopsin: 0.7 µg/L for
			 vulnerable people; 3 µg/L for all persons.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0540 - Cyanotoxin Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Water
			 suppliers with raw water intakes into susceptible sources must monitor as
			 follows:
(a) At raw water sampling points:
(A) From May 1 through October 31, water
			 suppliers must monitor at the raw water sampling point at least once every two
			 weeks for cyanotoxins. Samples from upstream locations collected for
			 recreational or other purposes may be substituted for raw water sampling if
			 approved by the Authority based on proximity and characteristics of sampling
			 locations, sampling techniques and analytical methods used, and intake
			 construction.
(B) If at any time
			 total microcystins are detected at greater than or equal to 0.20 µg/L or
			 cylindrospermopsin is detected at greater than or equal to 0.30 µg/L in
			 raw water, or there is a recreational use health advisory in a water body
			 upstream, water suppliers must immediately increase raw water monitoring of
			 cyanotoxins to weekly.
(C) Water
			 suppliers may resume raw water monitoring every two weeks if there is not a
			 recreational use health advisory upstream and total microcystins are not
			 detected or are detected at less than 0.20 µg/L and cylindrospermopsin is
			 not detected or is detected at less than 0.30 µg/L in at least two
			 consecutive weekly samples.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0550 - Analytical Methods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Water
			 suppliers must use a laboratory accredited according to OAR chapter 333,
			 division 64 and the Oregon Environmental Laboratory Accreditation Program
			 (ORELAP), or the Oregon Department of Environmental Quality Laboratory to
			 analyze samples required by OAR 333-061-0510  to 333-061-0580.
(2) For total microcystins, water suppliers
			 must ensure that samples are analyzed using EPA method 546, or another
			 EPA-approved method that applies at the time samples are analyzed. Eurofins
			 Abraxis SAES ELISA kits (520011SAES) are equivalent to ELISA kits (520011OH) as
			 described in section 6.1 of EPA Method 546.
(3) For cylindrospermopsin, water suppliers
			 must ensure that samples are analyzed using the DEQ Analytical Method for
			 Determination of Cylindrospermopsin in Raw and Finished Water by ELISA Method,
			 or another EPA-approved method that applies at the time samples are analyzed.
			 If detections are found greater than 0.7 µg/L at the entry point or
			 distribution system, all samples taken in response to this detection must be
			 analyzed using EPA Method 545, or another EPA-approved method that applies at
			 the time samples are analyzed.
(4)
			 Water suppliers must ensure that laboratories and subcontracted laboratories
			 start analysis of samples within one business day of receipt.
Statutory/Other Authority: ORS
				  448.123,
				  448.131 & 448.150
Statutes/Other Implemented: ORS
				  448.123 &
				  448.150
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0570 - Public Notification

Current through Register Vol. 63, No. 7, July 1, 2024
Water suppliers must notify the public as follows.
(1) Issuance of a health advisory.
(a) If any cyanotoxin concentration from an
			 entry point confirmation sample exceeds any health advisory level, the water
			 supplier and any suppliers that purchase water from that system must issue a
			 health advisory as soon as possible stating that the water is not safe to drink
			 for the applicable populations per OAR 333-061-0530, but no later than 24 hours
			 of receipt of results.
(b) The
			 water supplier must provide notice to persons served by the water system using
			 one or more of the following forms of delivery, upon approval by the Authority:
(A) Appropriate broadcast media such as
			 radio, television, and social media;
(B) Posting of the notice in conspicuous
			 locations throughout the area served by the water system;
(C) Hand delivery of the notice to persons
			 served by the water system; or
(D)
			 Another delivery method approved in writing by the Authority.
(c) The public notification must
			 include, at a minimum, the cyanotoxin and health advisory level exceeded, the
			 sample collection dates, dates results were received, locations of the samples,
			 persons affected, and the standard health effects language in section (6) of
			 this rule.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 61 - DRINKING WATER › Section 333-061-0580 - Record Keeping

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Water
			 suppliers must retain, on its premises or at a convenient location near its
			 premises, records of cyanotoxin analyses made pursuant to OAR 333-061-0540  to
			 333-061-0570  for not less than 10 years. Actual laboratory reports may be kept,
			 or data may be transferred to tabular summaries, provided that the following
			 information is included:
(a) The date, place
			 and time of sampling, and the name of the person who collected the
			 sample;
(b) Identification of the
			 sample as to whether it was collected at a raw, entry point or distribution
			 sampling location;
(c) Date of
			 analysis;
(d) Laboratory and person
			 responsible for performing analysis;
(e) The analytical method used; and
(f) The results of the analysis.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules adopted pursuant to the provisions of ORS 448.011,
				prescribe the requirements for the construction and operation of public spa
				pools and bathhouses. They are for the purpose of protecting the health and
				welfare of persons using these facilities.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS
				  448.011
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0010 - Adoption by Reference

Current through Register Vol. 63, No. 7, July 1, 2024
Outside standards, listings and publications referred to in
				these rules are by reference made a part of these rules.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS
				  183.355
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0020 - Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Public spa
			 pools built prior to June 23, 1981, are exempt from the following requirements
			 of these rules, provided such pools are constructed and maintained in
			 accordance with the plans approved by the Division for the construction of the
			 spa pool, and provided the exemption does not present a health or safety
			 hazard:
(a) OAR
			 333-062-0065(3);
(b) OAR
			 333-062-0085(1), (2), and
			 (10);
(c) OAR
			 333-062-0090(2)(a);
(d) OAR
			 333-062-0095(3) and
			 (4);
(e) OAR
			 333-062-0100(2);
(f) OAR
			 333-062-0115(2)(a), (b),
			 (c);
(g) OAR
			 333-062-0140(1).
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0025 - Approval to Construct

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 person shall construct a public spa pool or bathhouse adjacent thereto, or
			 alter any such structures without:
(a)
			 Submitting complete plans and specifications to the Division;
(b) Paying the stipulated plan review fee to
			 the Division; and
(c) Receiving a
			 written plan approval or conditional approval from the Division.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0030 - Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Plans and
			 specifications shall be prepared by a professional engineer or architect
			 registered in the State of Oregon. Specific exemptions to this requirement may
			 be granted by the Division, where in the judgment of the Division no
			 architectural or engineering problems are presented and the plans accurately
			 depict the proposed spa pool and address all requirements of these
			 rules.
(2) Plans shall be submitted
			 in duplicate, drawn to scale and in sufficient detail to completely and clearly
			 illustrate what is to be constructed and shall include:
(a) One plan view;
(b) One cross section through the main
			 drain;
(c) One overall plan showing
			 the pool in relation to other facilities in the area. (This plan may be
			 combined with subsection (2)(a) of this rule);
(d) One detailed view of the equipment room
			 layout;
(e) One vicinity
			 map;
(f) One piping schematic
			 showing piping, pipe size, inlets, main drains, skimmers, gutter outlets,
			 vacuum fittings, and all other appurtenances connected to the pool piping
			 system. (This plan may be combined with subsection (2)(a) of this
			 rule);
(g) One cross section of the
			 step treads and risers.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0035 - Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
No person shall operate a public spa pool, without:
(1) The pool having received a final
			 construction inspection and approval from the Division;
(2) Making application for a license to
			 operate such a pool;
(3) Paying the
			 license fee; and
(4) Securing a
			 license from the Division;
(5) Such
			 license terminates and is renewable on December 31 of each year.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS
				  448.035
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0040 - Conditional Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Conditional
			 licenses may be issued by the Division in circumstances in which:
(a) There is substantial compliance with
			 these rules;
(b) In which a written
			 schedule for total compliance approved by the Division is instituted and
			 maintained; and
(c) Where in the
			 judgment of the Division, there will be no immediate threat to health and
			 safety during the time in which to meet complete compliance. The Division may
			 also require special safeguards to be instituted and maintained as a condition
			 of the conditional license.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0045 - Maintenance and Modification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 equipment of public spa pools shall be operational and shall be kept in good
			 repair. Such equipment shall be maintained in conformance with the original
			 design or better.
(2) The
			 structural components of all public spa pools and their appurtenances shall be
			 maintained in good repair.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS
				  448.011
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0050 - Size

Current through Register Vol. 63, No. 7, July 1, 2024
Public spa pools shall be sized according to and shall not
				exceed the design limit of the bather load function shown below. Bather loads
				are specific in-tank loads only.
Maximum Load = A divided by 10
Where A equals the surface area of the public spa pool in
				square feet.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS 448.011
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0055 - Dimensions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Public spa
			 pools shall not have sharp edges or protrusions where walls meet at an acute
			 angle. Public spa pools shall be shaped so as to provide for complete water
			 circulation and mixing.
(2) Public
			 spa pools shall be no deeper than 4' (1.22 m) measured from the water
			 line.
(3) The maximum depth of any
			 seat or sitting bench shall be 2'0" (61 cm) measured from the water
			 line.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS
				  448.011
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0060 - Finishes and Markings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Wall and
			 floor finishes shall be of non-toxic materials, shall be impervious and
			 enduring. Such finishes shall be smooth and easily cleanable.
(2) Public spa pools shall have permanent
			 depth markings plainly and conspicuously posted and located as follows:
(a) The maximum water depth shall be clearly
			 marked;
(b) Depth markings shall be
			 at least 4" (10 cm) in height and of a contrasting color with the
			 background;
(c) Depth markings
			 shall be placed within 18" (46 cm) of the water's edge and shall be positioned
			 to be read while standing on the deck facing the water;
(d) Depth markings shall be spaced at no more
			 than 25' (7.62 m) intervals and shall be uniformly located around the perimeter
			 of the spa.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0065 - Illumination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Where
			 underwater lighting is used, the electrical circuit to the underwater light
			 shall be equipped with a ground fault interrupter.
(2) Where underwater lighting is not
			 employed, and night or indoor bathing is permitted, the combined area and pool
			 lighting shall be not less than two watts per square foot (0.93 m2) of deck
			 area.
(3) Where underwater lighting
			 is used, and night or indoor bathing is permitted, area lighting shall be
			 provided for the deck areas and directed away from the spa pool surface. No
			 less than 0.6 watts incandescent or the equivalent per square foot of deck area
			 shall be used.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS
				  448.011
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0070 - Ventilation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A public spa
			 pool license holder must ensure that there is sufficient ventilation to prevent
			 build-up of harmful amounts of moisture or chemical byproducts in the air of
			 buildings enclosing spa pools.
(2)
			 New and public spa pool ventilation systems renovated after September 1, 2014
			 must comply with the requirements of the Oregon Structural Specialty Code, 2014
			 Edition, and the Oregon Mechanical Specialty Code, 2014 Edition.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS
				  448.011
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0075 - Ladder, Recesses Steps and Stairways

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Spa ladders, recessed steps or stairways
			 shall be provided where spa depth exceed 24".
(2) There shall be at least one ladder, set
			 of recessed steps or stairway for each 50 feet of spa pool perimeter or
			 fraction thereof.
(3) Ladder
			 treads, recessed step surfaces and stairs shall have slip-resistant
			 surfaces.
(4)
(a) Ladders and recessed steps shall be
			 provided with two handrails;
(b)
			 Stairs shall be provided with at least one handrail.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0080 - Spa Pool Enclosure

Current through Register Vol. 63, No. 7, July 1, 2024
A public spa pool license holder must ensure that:
(1) A public spa pool is protected by an
			 enclosure such as a fence, wall, or building without private entrances to the
			 pool area; and
(2) Spa pool
			 enclosures including windows, gates and doors are constructed in such a manner
			 so as to discourage or prevent access to the pool by unsupervised children and
			 domestic animals and incorporate the following construction standards:
(a) Enclosures shall not be less than four
			 feet (1.2 m) in height measured from the outside ground at a point one foot
			 (300 mm) horizontal from the base of the enclosure;
(b) There shall be not more than four inches
			 (100 mm) of space between the bottom of the enclosure and the ground's surface
			 or pool deck;
(c) Separation
			 between vertical sections and bars shall be a maximum of four inches (100mm);
(d) Horizontal rails shall be
			 spaced with a minimum 42 inches (1065mm) separation;
(e) All exterior projections or recessions
			 shall be 42 inches (1065mm) from either the top or bottom of the fence;
(f) Gates and doors in spa
			 enclosures shall be self-closing and shall be equipped with a lockable and
			 self-latching device. The operating controls for the self-latching device shall
			 be located at least 42 inches (1065 mm) above the exterior ground or pool deck.
			 Gates and doors on new pools must swing "out" of the pool enclosure, or away
			 from the pool. If an existing pool's gates or door does not swing away from the
			 pool, it must be changed when the change is not highly burdensome or
			 impractical due to special conditions or cause
(g) Entrances with self-closing and
			 self-locking devices requiring the use of a key, keycard or combination code to
			 gain access may have controls located at a minimum of 36 inches to 54 inches
			 (0.9 m to 1.35 m) above the exterior ground surface. The gates or doors cannot
			 require a key, keycard or combination code to exit the pool area;
(h) Construction methods and materials shall
			 be used that provide a durable and low maintenance structure;
(i) Buildings enclosing public spa pools
			 constructed on or after September 1, 2014 and buildings enclosing spa pools
			 that are remodeled or renovated on or after September 1, 2014 shall be
			 constructed in accordance with the requirements of the Oregon Structural
			 Specialty Code 2014 Edition.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0085 - Decks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A 6' x 8'
			 continuous unobstructed deck shall be provided on at least one side of all
			 public spa pools with less than 100 square feet of water surface. Public spa
			 pools with 100 square feet of water surface area or more shall provide
			 additional deck area at least four feet wide around at least 50 percent of the
			 spa.
(2) Walkways and decks shall
			 be constructed of concrete, non-slip tile or equally impervious material with a
			 smooth, but non-slip, easily cleanable surface.
(3) Decks shall slope no less than 1/4" (6
			 mm) per foot (30 cm).
(4) Deck
			 surfaces shall be slip-resistant.
(5) Joints between concrete deck slabs shall
			 be water tight and shall be designed so as to protect the pool, coping and its
			 mortar bed from movement of the deck.
(6) Decks shall be provided with expansion
			 joints. New and replacement expansion joints shall not be constructed of
			 wood.
(7) Voids between adjoining
			 concrete deck slabs shall be no greater than 3/16" (5 mm).
(8) Adjoining deck surface elevations shall
			 vary no more than 1/4" (6 mm).
(9)
			 Decks shall be drained to perimeter drains.
(10) Wood decking around public spa pools is
			 prohibited.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS
				  448.011
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0090 - Overflow Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All public
			 spa pools shall be operated with a continuous overflow.
(2)
(a)
			 Where surface skimmers are used, the flow rate through the skimmer shall be
			 designed to provide 50 percent of the total turnover rate with a maximum flow
			 through any single skimmer of 30 gpm;
(b) The minimum acceptable width for the
			 intake throat of a skimmer, measured at the wider location, shall be
			 5";
(c) Where surface skimmers are
			 used as the sole overflow system, one surface skimmer shall be provided for
			 each 100 square feet (9.3m2) or fraction thereof of the spa's surface area. If
			 a conflict arises between subsection (a) of this section and this subsection,
			 the subsection requiring the greatest number of skimmers shall apply;
(d) When two or more skimmers are used in a
			 spa, they shall be located so as to maintain effective skimming action over the
			 entire surface area of the spa.