US Laws, Codes, Statutes & Cases

Chapter 448 — Pool Facilities; Water and Sewage Systems

 

2007 EDITION

 

POOL FACILITIES; WATER & SEWAGE SYSTEMS

 

PUBLIC HEALTH AND SAFETY

 

448.005     Definitions for ORS 448.005 to 448.090

 

448.011     Authority of Department of Human Services; rules

 

448.015     Applicability of ORS 448.005 to 448.090

 

448.020     Permit required to construct or alter pool facilities

 

448.030     Permit application; contents; issuance or denial; plan review and construction permit fees

 

448.035     Annual license required to operate; fees; expiration date

 

448.037     Variance; application; fee

 

448.040     Entry on premises for inspection purposes; reports

 

448.051     Inspection of facilities; suspension or revocation of permit or license; hearings on suspension or revocation

 

448.060     Operating pool or other facility without permit; public nuisance; abatement

 

448.090     Disposition of moneys

 

448.095     Natural bathing places exempt

 

448.100     Delegation to county to administer ORS 448.005 to 448.060; standards; fees; suits involving validity of administrative rule

 

WATER SYSTEMS

 

(Generally)

 

448.115     Definitions for ORS 448.115 to 448.285

 

448.119     Application of ORS 448.119 to 448.285 and other provisions to water systems

 

448.123     Purpose

 

448.127     Short title

 

(Administration)

 

448.131     Water quality, construction and installation standards; rules; effect on existing facilities; fees

 

448.135     Variances; notice

 

448.140     Permit for operation of water system

 

448.145     When permit may be issued; compliance schedule; hearing; notice

 

448.150     Duties of department; fee

 

448.153     State Drinking Water Advisory Committee; rules

 

448.155     Technical assistance and training; public information

 

448.160     Emergency plans

 

448.165     Local government water service plans

 

448.170     Department agreement to authorize local government to exercise duties; suits involving validity of administrative rule

 

448.175     Department authority to order compliance

 

448.180     Waiver of construction standards

 

448.250     Remedy when system a health hazard; special master; sale of system

 

448.255     Notice of violation; content; hearing; order; appeal

 

448.265     Prohibited actions; nuisance abatement

 

448.268     Area of ground water concern; declaration

 

448.271     Transfer of property that includes well; testing; effect

 

(Federal Safe Drinking Water Act Administration)

 

448.273     Federal Safe Drinking Water Act administration

 

448.277     Department as administrator

 

(Cross Connections and Backflow Assemblies)

 

448.278     Program for regulating cross connections and backflow assemblies; fees

 

448.279     Certification of inspectors of cross connections and testers of backflow assemblies; fees; rules

 

(Civil Penalties)

 

448.280     Civil penalties; notice

 

448.285     Penalty schedule; factors to be considered in imposing penalty; rules

 

448.290     Process for imposing civil penalty; rules

 

(Jurisdiction of Cities)

 

448.295     Jurisdiction of cities over property used for system or sources

 

448.300     City ordinance authority

 

448.305     Special ordinance authority of certain cities

 

448.310     Investigation of complaints

 

448.315     Special police to enforce ORS 448.295

 

448.320     Jurisdiction over violations of city ordinances

 

448.325     Injunction to enforce city ordinances

 

(Water Pipes and Fittings)

 

448.330     Moratorium of pipe and fittings for potable water supply; acceptability criteria; exceptions; rules

 

OPERATOR CERTIFICATION FOR SEWAGE TREATMENT WORKS AND POTABLE WATER TREATMENT PLANTS

 

(Generally)

 

448.405     Definitions for ORS 448.405 to 448.465

 

448.407     Advisory committee to commission and Department of Human Services

 

448.409     Biennial report

 

(Sewage Treatment Works)

 

448.410     Authority and duties of Environmental Quality Commission; rules; fees

 

448.415     Certification required for operators

 

448.420     Special certification provisions

 

448.425     Deposit and use of fees

 

448.430     Certification exception

 

(Potable Water Treatment Plants)

 

448.450     Authority and duties of Department of Human Services; rules; fees

 

448.455     Certification required for operators

 

448.460     Special certification provisions

 

448.465     Deposit of fees

 

PENALTIES

 

448.990     Penalties for violations of pool facility or water system requirements

 

448.992     Sewage treatment works violation penalties

 

448.994     Potable water treatment plant violation penalty

 

POOL FACILITIES

 

      448.005 Definitions for ORS 448.005 to 448.090. As used in ORS 448.005 to 448.090, unless the context requires otherwise:

      (1) “Bathhouse” means a structure that contains dressing rooms, showers and toilet facilities for use with an adjacent public swimming pool.

      (2) “Department” means the Department of Human Services.

      (3) “Director” means the Director of Human Services.

      (4) “Person” has the meaning given that term in ORS 174.100, but also includes municipalities, recreation districts, counties and state agencies or instrumentalities.

      (5) “Public spa pool” means a public swimming pool or wading pool designed primarily to direct water or air-enriched water under pressure onto the bather’s body with the intent of producing a relaxing or therapeutic effect.

      (6) “Public swimming pool” means an artificial structure, and its appurtenances, that contains water more than two feet deep, is expressly designated or used with the knowledge and consent of the owner or operator for swimming or recreational bathing, and is for the use of any segment of the public. “Public swimming pool” includes, but is not limited to, swimming pools owned or operated by:

      (a) Travelers’ accommodations;

      (b) Recreation parks;

      (c) Colleges;

      (d) Schools;

      (e) Organizational camps as defined in ORS 446.310;

      (f) Clubs;

      (g) Associations;

      (h) Business establishments for their patrons or employees;

      (i) Private persons and that are open to the public;

      (j) Recreation districts;

      (k) Municipalities;

      (L) Counties; or

      (m) State agencies.

      (7) “Public wading pool” means an artificial structure, and its appurtenances, that contains water less than two feet deep, is expressly designated or used with the knowledge and consent of the owner or operator for wading or recreational bathing, and is for the use of any segment of the public, whether limited to patrons of a companion facility or not.

      (8) “Recreation park” means those facilities as defined by ORS 446.310.

      (9) “Travelers’ accommodation” means those facilities as defined by ORS 446.310.

      (10) “Variance” means written permission from the department for a public swimming pool, public spa pool or public wading pool to be operated when it does not comply with all the applicable rules for public swimming pools, public spa pools or public wading pools. [1961 c.566 §1; 1973 c.215 §1; 1979 c.453 §1; 1983 c.707 §22; 1983 c.781 §1; 1999 c.59 §125; 2001 c.104 §186; 2001 c.900 §195]

 

      448.010 [Repealed by 1961 c.566 §2 (448.011 enacted in lieu of 448.010)]

 

      448.011 Authority of Department of Human Services; rules. The Department of Human Services shall make such rules pertaining to the submission of plans for construction, issuance of permits, design, construction, size, shape, purification equipment, piping, operation, sanitation and accident prevention for public swimming pools, public spa pools, public wading pools and bathhouses as it deems necessary. [1961 c.566 §3 (enacted in lieu of 448.010); 1971 c.650 §24; 1973 c.215 §2; 1999 c.929 §8]

 

      448.015 Applicability of ORS 448.005 to 448.090. ORS 448.005 to 448.090 shall not apply to those facilities described in ORS 446.435. [1983 c.781 §6]

 

      448.020 Permit required to construct or alter pool facilities. No person shall construct or perform a major alteration or reconstruction of a public swimming pool, public spa pool, public wading pool or bathhouse without a permit to do so from the Department of Human Services. [Amended by 1961 c.566 §4; 1973 c.215 §3; 1979 c.453 §2; 1999 c.929 §1]

 

      448.030 Permit application; contents; issuance or denial; plan review and construction permit fees. (1) Any person desiring to construct any public swimming pool, public spa pool, public wading pool or bathhouse shall file application for a permit to do so with the Department of Human Services.

      (2) The application shall be accompanied by a description of the sources of water supply, amount and quality of water available and intended to be used, method and manner of water purification, treatment, disinfection, heating, regulating and cleaning, lifesaving apparatus, and measures to insure safety of bathers, measures to insure personal cleanliness of bathers, methods and manner of washing, disinfecting, drying and storing bathing apparel and towels, and all other information and statistics that may be required by the department. The department shall either approve or reject the application based upon the plans submitted and either issue or deny the construction permit.

      (3) After a construction permit is issued and upon request, the department shall cause an investigation to be made of the proposed public swimming pool, public spa pool, public wading pool or bathhouse. If the department determines that the public swimming pool, public spa pool, public wading pool or bathhouse complies with the rules of the department, it shall issue a final approval which shall authorize the issuance of a license.

      (4) An applicant for a permit to construct a public swimming pool, public spa pool, public wading pool or bathhouse to be owned, operated or maintained by a person for profit, or in conjunction with a travelers’ accommodation or recreation park, shall pay the department a plan review fee of $100 and a construction permit fee of $200, which entitles the holder to two inspections toward final approval. The department shall not impose any new standards after a second or any subsequent inspection. For any subsequent construction inspection necessary, the permit holder shall pay $100 for each inspection. [Amended by 1961 c.566 §5; 1973 c.215 §4; 1979 c.453 §3; 1979 c.696 §5a; 1981 c.749 §24; 1983 c.781 §2; 1999 c.929 §2]

 

      448.035 Annual license required to operate; fees; expiration date. (1) No person shall operate or maintain a public swimming pool, public spa pool, public wading pool or bathhouse without a license to do so from the Department of Human Services.

      (2) An annual fee of $100 shall be paid for a license to operate a public swimming pool, public spa pool, public wading pool or bathhouse. The annual fee for a license for a second or additional public swimming pool, public spa pool, public wading pool or bathhouse, or any combination thereof, on the same site shall be an amount equal to 60 percent of the fee for the first license.

      (3) Licenses issued under this section expire annually on a date set by rule. [1961 c.566 §7; 1973 c.215 §5; 1977 c.284 §6; 1979 c.453 §4; 1979 c.696 §6a; 1983 c.781 §3; 1999 c.929 §3]

 

      448.037 Variance; application; fee. (1) A person applying for a variance shall submit a variance application accompanied by a fee of $150 to the Department of Human Services. If the department approves the application, a variance shall be granted, stating the terms and conditions thereof.

      (2) The department may waive the fee for variance requests precipitated by change in the department’s rules.

      (3) The department may not delegate the responsibility under subsection (1) of this section under the provision of ORS 448.100. [1983 c.781 §5]

 

      448.040 Entry on premises for inspection purposes; reports. For the purposes of ORS 448.005 to 448.090, the Director of Human Services may at all reasonable times enter upon any part of the premises of public bathing and swimming places to make examination and investigation to determine the sanitary conditions of such places and whether ORS 448.005 to 448.090 or the rules of the Department of Human Services pertaining to public swimming pools, public spa pools, public wading pools or bathhouses are being violated. [Amended by 1961 c.566 §14; 1973 c.215 §6; 1979 c.453 §5; 1999 c.929 §5]

 

      448.050 [Repealed by 1961 c.566 §9 (448.051 enacted in lieu of 448.050)]

 

      448.051 Inspection of facilities; suspension or revocation of permit or license; hearings on suspension or revocation. (1) The Director of Human Services shall inspect all public swimming pools, public spa pools, public wading pools and bathhouses to determine the sanitary conditions of such places and whether ORS 448.005 to 448.090 and the rules of the Department of Human Services pertaining to public swimming pools, public spa pools, public wading pools and bathhouses are being violated.

      (2) If the director determines that a public swimming pool, public spa pool, public wading pool or bathhouse is being operated or maintained in violation of the rules of the department or is found to be insanitary, unclean or dangerous to public health or safety the director may suspend, revoke or deny the permit or license issued under ORS 448.030 or 448.035 in accordance with ORS chapter 183. [1961 c.566 §10; (enacted in lieu of 448.050); 1973 c.215 §7; 1979 c.453 §6; 1999 c.929 §6]

 

      448.060 Operating pool or other facility without permit; public nuisance; abatement. (1) No public swimming pool, public spa pool, public wading pool or bathhouse shall remain open to the public after the permit or license to operate such facilities has been suspended, denied or revoked.

      (2) Any public swimming pool, public spa pool, public wading pool or bathhouse constructed, operated or maintained contrary to ORS 448.005 to 448.090, is a public nuisance, dangerous to health.

      (3) Such nuisance may be abated or enjoined in an action brought by the Director of Human Services or may be summarily abated in the manner provided by law for the summary abatement of public nuisances dangerous to health. [Amended by 1961 c.566 §15; 1973 c.215 §8; 1979 c.453 §7; 1999 c.929 §7]

 

      448.070 [1961 c.566 §13; repealed by 1973 c.215 §10]

 

      448.080 [1961 c.566 §12; repealed by 1973 c.215 §10]

 

      448.090 Disposition of moneys. All moneys collected under ORS 448.005 to 448.090 shall be paid into the General Fund in the State Treasury for credit to the Public Health Account and such moneys hereby are appropriated continuously and shall be used only for the administration and enforcement of ORS 448.005 to 448.090. [1961 c.566 §8; 1973 c.427 §10]

 

      448.095 Natural bathing places exempt. No provisions of ORS 448.005 to 448.100 apply to natural bathing places. [1979 c.453 §9]

 

      448.100 Delegation to county to administer ORS 448.005 to 448.060; standards; fees; suits involving validity of administrative rule. (1) The Director of Human Services shall delegate to any county board of commissioners that requests any of the authority, responsibilities and functions of the Director of Human Services under ORS 448.005, 448.011, 448.020 to 448.035, 448.040 to 448.060 and this section if the director determines that the county is able to carry out the rules of the Department of Human Services relating to fee collection, licensing, inspections, enforcement and issuance and revocation of permits and certificates in compliance with standards for enforcement by the counties and monitoring by the department. Such standards shall be established by the department in consultation with the appropriate county officials and in accordance with ORS 431.345. The department shall review and monitor each county’s performance under this subsection. In accordance with ORS chapter 183, the director may suspend or rescind a delegation under this subsection. If it is determined that a county is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the department for carrying out the authority, responsibility and functions under this section.

      (2) The county may determine the amount of, and retain, any fee for any function undertaken pursuant to subsection (1) of this section or use the fee schedules pursuant to ORS 448.030 and 448.035. A county to whom licensing, inspection and enforcement authority has been delegated under this section shall collect and remit to the department a fee to support the activities of the department under this section. The fee shall be established by the department and the Conference of Local Health Officials based upon a budget and formula for funding activities described in this section. The department and the Conference of Local Health Officials shall consult with associations representing Oregon cities, special districts and the lodging industry in establishing the fee. In the event the department and the Conference of Local Health Officials cannot reach agreement on the budget and formula, the department shall submit its budget proposal to the Legislative Assembly.

      (3) In any action, suit or proceeding arising out of county administration of functions pursuant to subsection (1) of this section and involving the validity of a rule promulgated by the department, the department shall be made a party to the action, suit or proceeding. [1973 c.215 §9; 1975 c.790 §2; 1983 c.370 §2; 1999 c.929 §4]

 

      448.110 [Repealed by 1967 c.344 §10]

 

WATER SYSTEMS

 

(Generally)

 

      448.115 Definitions for ORS 448.115 to 448.285. As used in ORS 448.115 to 448.285, 454.235 and 454.255 unless the context requires otherwise:

      (1) “Connection” means the connection between a water system and a customer that enables the customer to receive potable water from the system.

      (2) “Construction standards” means criteria for constructing or installing water system facilities.

      (3) “Department” means the Department of Human Services.

      (4) “Director” means the Director of Human Services.

      (5) “Emergency” means a condition resulting from an unusual calamity such as a flood, an earthquake or an accidental spill of hazardous material that can endanger the quality of the water produced by a water system.

      (6) “Operational requirements” means requirements that prescribe the manner in which water systems must be operated.

      (7) “Permit” means a document issued to a water system that authorizes it to commence or continue to operate in the State of Oregon and lists the conditions the system must meet to continue operating.

      (8) “Safe drinking water” means water that is sufficiently free from biological, chemical, radiological or physical impurities such that individuals will not be exposed to disease or harmful physiological effects.

      (9) “Sanitary survey” means an on-site review of the source, facilities, equipment, operation and maintenance of a water system, including related land uses, for the purpose of evaluating the capability of that water system to produce and distribute safe drinking water.

      (10) “Special master” means the person appointed by the court to administrate the water system.

      (11) “Variance” means permission from the agency for a water system to provide water that does not meet water quality standards.

      (12) “Water supplier” means any person, group of persons, municipality, district, corporation or entity that owns or operates a water system.

      (13) “Water system” means a system for the provision of water for human consumption through pipes or other constructed conveyances.

      (14) “Waterborne disease” means disease caused by chemical, physical, radiological or biological agents epidemiologically associated with infection, illness or disability that is transported to human beings by water that has been ingested or through contact as in bathing or other domestic uses. [1981 c.749 §2; 1983 c.271 §3; 1985 c.178 §4; 1997 c.249 §145; 1999 c.59 §126; 1999 c.653 §1; 2001 c.900 §196]

 

      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 Human Services, the Department of Human Services 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]

 

      448.120 [Repealed by 1967 c.344 §10]

 

      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 Department of Human Services shall act in accordance with the goal set forth in ORS 468B.155.

      (3) If, in carrying out any duty prescribed by law, the department acquires information related to ground water quality in Oregon, the department 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]

 

      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]

 

      448.130 [Repealed by 1967 c.344 §10]

 

(Administration)

 

      448.131 Water quality, construction and installation standards; rules; effect on existing facilities; fees. (1) The Department of Human Services 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 department 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 in so far as they relate to the delivery of safe drinking water.

      (c) Other standards and requirements considered necessary by the department to insure safe drinking water.

      (3) The department 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 department may adopt rules exempting certain water systems from the plan review process.

      (4) The department may impose and collect a fee from a water supplier for reviewing construction and installation plans.

      (5) Nothing in this section authorizes the department to require alterations of existing facilities unless alterations are necessary to insure safe drinking water. [1981 c.749 §6]

 

      448.135 Variances; notice. (1) The Department of Human Services 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 department, 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 department 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 department 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 department may grant the variance.

      (2) The Department of Human Services may grant variances from standards requiring the use of a specified water treatment technique if the department:

      (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 department 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]

 

      448.140 Permit for operation of water system. A water system that does not comply with the rules and standards of the Department of Human Services shall be operated only after the water supplier has received a permit for the system from the department if:

      (1) The department 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 department under ORS 448.150. [1981 c.749 §8]

 

      448.145 When permit may be issued; compliance schedule; hearing; notice. (1) A permit shall be issued by the Department of Human Services 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 department 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, it must notify its customers at least once every three months why the water system is, or remains, out of compliance.

      (4) When the department announces its intention to grant a permit, it 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 department 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]

 

      448.150 Duties of department; fee. (1) The Department of Human Services shall:

      (a) Conduct periodic sanitary surveys of drinking water systems and sources, take water samples and inspect records to ensure that the systems are not creating an unreasonable risk to health. The department shall provide written reports of such examinations to the local health administrators and water suppliers. The department may impose a fee on water suppliers to recover the costs of conducting the periodic sanitary surveys.

      (b) Require regular water sampling by water suppliers to determine compliance with water quality standards established by the department. These samples shall be analyzed in a laboratory approved by the department. The results of the laboratory analysis of a sample shall be reported to the department by the water supplier, unless direct laboratory reporting is authorized by the water supplier. The laboratory performing the analysis shall report the validated results of the analysis directly to the department and to the water supplier if the analysis shows that a sample contains contaminant levels in excess of any maximum contaminant level specified in the water quality standards.

      (c) Investigate any water system that fails to meet the water quality standards established by the department.

      (d) Require every water supplier that provides drinking water that is from a surface water source to conduct sanitary surveys of the watershed as may be considered necessary by the department for the protection of public health. The water supplier shall make written reports of such sanitary surveys of watersheds promptly to the department and to the local health department.

      (e) Investigate reports of waterborne disease pursuant to its authority under ORS 431.110 and take necessary actions as provided for in ORS 446.310, 448.030, 448.115 to 448.285, 454.235, 454.255 and 455.680 to protect the public health and safety.

      (f) Notify the Department of Environmental Quality of a potential ground water management area if, as a result of its water sampling under paragraphs (a) to (e) of this subsection, the Department of Human Services detects the presence in ground water of:

      (A) Nitrate contaminants at levels greater than 70 percent of the levels established pursuant to ORS 468B.165; or

      (B) Any other contaminants at levels greater than 50 percent of the levels established pursuant to ORS 468B.165.

      (2) The notification required under subsection (1)(f) of this section shall identify the substances detected in the ground water and all ground water aquifers that may be affected. [1981 c.749 §10; 1989 c.833 §51; 1989 c.946 §1; 1997 c.249 §149; 2005 c.696 §1; 2007 c.447 §1]

 

      448.153 State Drinking Water Advisory Committee; rules. (1) The State Drinking Water Advisory Committee is created to advise and assist the Department of Human Services 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 Department of Human Services 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]

 

      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.

 

      Note: Section 2, chapter 572, Oregon Laws 2007, provides:

      Sec. 2. Notwithstanding the term of office specified in section 1 of this 2007 Act [448.153], of the members first appointed to the State Drinking Water Advisory Committee:

      (1) Five shall serve for terms ending June 30, 2009.

      (2) Five shall serve for terms ending June 30, 2010.

      (3) Five shall serve for terms ending June 30, 2011. [2007 c.572 §2]

 

      448.155 Technical assistance and training; public information. The Department of Human Services:

      (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]

 

      448.160 Emergency plans. (1) The Department of Human Services shall maintain a plan outlining actions to be taken by the department during emergencies relating to water systems.

      (2) The department may require that a water supplier compile an emergency plan if it appears necessary to the Director of Human Services. [1981 c.749 §12]

 

      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 Department of Human Services 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]

 

      448.170 Department agreement to authorize local government to exercise duties; suits involving validity of administrative rule. (1) The Department of Human Services may enter into an agreement with a local governmental unit for the local governmental unit to perform the duties of the department 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 department are subject to agreement by the department and the local governmental unit.

      (2) In any action, suit or proceeding arising out of county 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 department, the department shall be made a party to the action, suit or proceeding. [1981 c.749 §14]

 

      448.175 Department authority to order compliance. Subject to ORS chapter 183, the Department of Human Services:

      (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 meeting department 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 O