Oregon Administrative Code

333-061-0090 Penalties (1) Violation of these rules shall be punishable as set forth in ORS 448.990 which stipulates that violation of any section of these rules is a Class A misdemeanor. (2) Pursuant to ORS 448.280, 448.285 and 448.290, any person who violates these rules shall …

333-061-0095 Severability 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. Statutory/Other Authority: OR…

333-061-0098 References All standards, listings and publications referred to in these rules are by those references made a part of these rules as though fully set forth. Copies are available from Oregon Health Authority, Public Health Division. (1) American Society for testing an…

333-061-0100 Requirements for Oregon Very Small Water Systems 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 …

333-061-0210 Operator Certification: Scope 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 sys…

333-061-0220 Classification of Water Treatment Plants and Water Distribution Systems 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. Cla…

333-061-0225 General Requirements Applying to Water Suppliers and Water Systems (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…

333-061-0228 Certification Requirements for Small Water System Operators (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 com…

333-061-0230 Contracting For Services (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 contr…

333-061-0232 General Requirements Applying to Water System Operators Operators serving at water systems and water system facilities as specified in OAR 333-061-0210 are responsible for ensuring the safe operation of the water system facilities for which they are responsible, and …

333-061-0235 Operator Certification Requirements, Levels 1–4 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 thi…

333-061-0245 Applications for Certification Levels 1–4 (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 initia…

333-061-0250 Examinations for Certification, Levels 1–4 (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…

333-061-0260 Certificate Renewal Levels 1–4 (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 certificatio…

333-061-0265 Fees (1) All fees must be paid to the Oregon Health Authority (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 …

333-061-0270 Refusal, Suspension, or Revocation of Certification (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 fr…

333-061-0272 Suspension of Certification (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…

333-061-0305 Domestic Well Program: Purpose 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 …

333-061-0310 Scope 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 the…

333-061-0324 Area of Public Health Concern 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…

333-061-0325 Domestic Well Tests (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 te…

333-061-0330 Accredited Laboratories 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. Statutory/Oth…

333-061-0335 Sample Collection (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 in…

333-061-0400 Reducing Lead in School Drinking Water (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 proper…

333-061-0510 Applicability of Cyanotoxin Rules (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…

333-061-0520 Definitions 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…

333-061-0530 Health Advisory Levels (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…

333-061-0540 Cyanotoxin Monitoring (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 tw…

333-061-0550 Analytical Methods (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 r…

333-061-0560 Reporting (1) If the cyanotoxin concentration exceeds a health advisory level in an initial sample collected at any entry point or distribution system location in accordance with OAR 333-061-0540, the water supplier must report the result to the Authority and all pur…

333-061-0570 Public Notification 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…

333-061-0580 Record Keeping (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 …

333-062-1000 Aquatic Facilities, Operations and Policies (1) Authority and Purpose. OAR 333-062-1000 to 333-062-1025 (these rules) establish definitions and set standards for management and personnel, pool safety, and equipment and facilities, water supply, and sewage disposal. (…

333-062-1005 Licensing (1) No person shall operate an AQUATIC VENUE, without: (a) The AQUATIC VENUE having received a final construction inspection and approval from the AUTHORITY; (b) Making application for a license to operate; (c) Paying the license fee; and (d) Securing a lic…

333-062-1010 Conditional Licenses The AUTHORITY may issue conditional licenses in circumstances in which: (1) There is substantial compliance with these rules; (2) In which a written schedule for total compliance approved by the AUTHORITY is instituted and maintained; and (3) Whe…

333-062-1015 Maintenance and Modification (1) All equipment of AQUATIC FACILITIES AND AQUATIC VENUES 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 A…

333-062-1020 Enforcement (1) The AQUATIC VENUE license holder, operator, or responsible supervisor must permit the AUTHORITY to enter any AQUATIC VENUE, whenever the AQUATIC VENUE is open, or at any other reasonable time for the purpose of inspecting the AQUATIC VENUE OR FACILITY…

333-062-1025 Closure Criteria (1) If one or more of the conditions outlined in subpart 6.6.3 is present at the AQUATIC VENUE or AQUATIC FACILITY, the AQUATIC VENUE license holder, operator or responsible supervisor must immediately close the AQUATIC VENUE until the situation is r…

333-064-0005 Purpose (1) These rules are for the following purposes: (a) Implementing Oregon Revised Statutes (ORS) 438.605 to 438.620, 448.280 and the Oregon Drinking Water Quality Act of 1981. ORS 438.610 states that the Oregon Health Authority shall, by adopting standards in c…

333-064-0010 Scope (1) These rules apply to: (a) Laboratories seeking accreditation to perform environmental or agricultural laboratory testing; (b) Laboratories seeking accreditation to perform sampling and laboratory testing of marijuana items and industrial hemp-derived vapor …

333-064-0015 Adoption by Reference All standards, listings and publications referred to in these rules are, by those references, made a part of these rules as though fully set forth. Copies are available through Oregon Health Authority, Oregon State Public Health Laboratory. Stat…

333-064-0020 Severability 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. Statutory/Other Authority: OR…

333-064-0025 Definitions As used in these rules, unless the context indicates otherwise: (1) "Accrediting body" means the official accrediting authority for the Oregon Environmental Laboratory Accreditation Program comprised of the Administrator of the Oregon State Public Health …

333-064-0030 Schedule for Requesting Accreditation, Period of Accreditation (1) Laboratories in Oregon will be considered to be accredited by ORELAP after the laboratory has requested accreditation, been evaluated by ORELAP and has met all criteria in accordance with OAR 333-064-…

333-064-0035 Approval Requirements (1) This rule and the TNI Standards describe the procedure for obtaining and maintaining accreditation. (2) Oregon Environmental Laboratory Accreditation Program (ORELAP) accreditation can be granted, denied, suspended, or revoked in total or in…

333-064-0040 Action Response for Laboratory Drinking Water Analysis Results (1) If an accredited laboratory is authorized by the water supplier to report results of analyses required by OAR 333-061-0036 and performed by the laboratory directly to the Oregon Health Authority (Auth…

333-064-0045 Procedure for Contesting Actions of ORELAP (1) The procedure for contesting the actions of ORELAP regarding denial, suspension and revocation of accreditation, or other changes in accreditation status is in accordance with the Administrative Procedures Act, ORS chapt…

333-064-0050 Accreditation of Out-of-State and Mobile Category 2 Laboratories (1) ORELAP shall accredit out-of-state laboratories that are eligible for reciprocal accreditation provided: (a) The laboratory is accredited by a state recognized as a NELAP accrediting body for those …

333-064-0055 Display of Certificate Accredited laboratories shall post or display their most recent ORELAP accreditation certificate and their ORELAP-accredited fields of testing in a prominent place in the laboratory facility. Statutory/Other Authority: ORS 448.150, 448.280, 438…

333-064-0060 Fee Schedule Fees will be charged to Oregon and out-of-state laboratories according to the following schedule. A mobile category 2 laboratory that operates as an entity of an Oregon fixed base facility will be considered an in-state laboratory, and one that does not …