Chapter 448 — Chapter 448

ORS 448.248 [1975 c.691 §3; repealed by 1981 c.749 §28]

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ORS 448.250 Remedy when system a health hazard; special master; sale of system. (1) Whenever a water system or part thereof presents or threatens to present a public health hazard requiring immediate action to protect the public health, safety and welfare, the Director of the Oregon Health Authority may request the district attorney of the county wherein the system is located to institute an action. The action may be commenced without the necessity of prior administrative procedures or hearing and entry of an order or at any time during such administrative proceedings, if such proceedings have been commenced. The action may petition for a mandatory injunction compelling the water supplier to cease and desist operation or to make such improvements and corrections as are necessary to remove the public health hazard or threat thereof

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ORS 448.255 Notice of violation; content; hearing; order; appeal. (1) Whenever the Director of the Oregon Health Authority has reasonable grounds to believe that a water system or part thereof is being operated or maintained in violation of any rule adopted pursuant to ORS 448.115 to 448.285, 454.235 and 454.255, the director shall give written notice to the water supplier responsible for the system

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ORS 448.260 [1973 c.835 §185; 1975 c.254 §18a; repealed by 1981 c.749 §28]

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ORS 448.265 Prohibited actions; nuisance abatement. (1) It shall be unlawful for any person to do any of the following if the result would be to pollute a source of a water system or to destroy or endanger a water system

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ORS 448.268 Ground water quality concern area; recommendation to Environmental Quality Commission. (1) If, as a result of its activities under ORS 448.150, or through the review of other relevant data, the Oregon Health Authority confirms the persistent and prevalent presence in ground water drinking water supplies of contaminants resulting at least in part from suspected nonpoint source activities, the authority shall recommend that the Environmental Quality Commission declare a ground water quality concern area. The declaration by the commission shall identify the substances confirmed in the ground water and ground water aquifers that may be affected

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ORS 448.269 Public health response plan; report. (1) After a declaration of a ground water quality management area under ORS 468B.180, the Oregon Health Authority shall, in consultation with local health authorities, develop and implement a public health response plan. The public health response plan shall be based on the preliminary assessment prepared under ORS 468B.178 (3). If no preliminary assessment has been prepared under ORS 468B.178 (3), the Oregon Health Authority shall prepare a preliminary assessment before developing the public health response plan under this section

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ORS 448.270 [1973 c.835 §170; repealed by 1981 c.749 §28]

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ORS 448.271 Transfer of property that includes well; testing; effect. (1) In any transaction for the sale or exchange of real estate that includes a well that supplies ground water for domestic purposes, the seller of the real estate shall, upon accepting an offer to purchase that real estate, have the well tested for arsenic, nitrates and total coliform bacteria. The Oregon Health Authority also may, by rule, require additional tests for specific contaminants in specific areas of public health concern. The seller shall submit the results of the tests required under this section to the authority and to the buyer within 90 days of receiving the results of the tests

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ORS 448.273 Federal Safe Drinking Water Act administration. The Legislative Assembly finds that an agreement between this state and the federal government to assume primary enforcement responsibility in this state for the federal Safe Drinking Water Act is in the best interest of this state, subject to the following assumptions

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ORS 448.275 [1973 c.835 §173; repealed by 1981 c.749 §28]

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

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ORS 448.278 Program for regulating cross-connections and backflow assemblies; fees. (1) The Oregon Health Authority shall establish a program for regulating cross-connections and the backflow assemblies that are part of a water system

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ORS 448.279 Certification of inspectors of cross-connections and testers of backflow assemblies; fees; rules. (1) The Oregon Health Authority by rule shall establish a certification program for persons who inspect cross-connections or test backflow assemblies. The program shall include minimum qualifications necessary for a person to be certified to

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ORS 448.280 Civil penalties; notice. (1) In addition to any other penalty provided by law

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ORS 448.285 Penalty schedule; factors to be considered in imposing penalty; rules. (1) The Director of the Oregon Health Authority shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation. No civil penalty shall exceed $500 per day, except that a violation at any water system that serves more than 10,000 people shall be subject to a civil penalty not to exceed $1,000 for each day of violation

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ORS 448.290 Process for imposing civil penalty. (1) Civil penalties under ORS 448.285 shall be imposed as provided in ORS 183.745

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ORS 448.295 Jurisdiction of cities over property used for system or sources. Subject to the authority of the Oregon Health Authority, for the purpose of protecting from pollution their domestic water supply sources, cities shall have jurisdiction over all property

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ORS 448.300 City ordinance authority. Cities may prescribe by ordinance what acts constitute offenses against the purity of the water supply and the punishment or penalties therefor and may enforce those ordinances within their corporate limits and on property described in ORS 448.295. [Formerly 449.310]

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ORS 448.305 Special ordinance authority of certain cities. (1) Subject to subsection (2) of this section, by ordinance a city may prohibit or restrict access for purposes of fishing, hunting, camping, hiking, picnicking, trapping of wild animals or birds, harvesting of timber or mining or removal of minerals or carrying on any other activity in its watershed area, or by ordinance may permit any such activity in its watershed area upon conditions specified in the ordinance. However, no ordinance passed under authority of this section shall prohibit the hunting or trapping of fur-bearing or predatory mammals doing damage to public or private property or prohibit the hunting or trapping of any bird or mammal for scientific purposes, as defined in ORS 497.298 (3)

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ORS 448.310 Investigation of complaints. The officer in charge of the domestic water supply source or the community water supply system serving the city shall investigate complaints made concerning purity of the source or system and if the complaint appears to be well founded, file a complaint against the person violating ordinances of the city and cause arrest and prosecution. [Formerly 449.335]

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ORS 448.315 Special police to enforce ORS 448.295. The mayor or authorities having control of the community water supply system supplying the city may appoint special police officers who

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ORS 448.320 [Formerly 449.328; 1995 c.658 §105; 1999 c.788 §56; repealed by 2011 c.597 §118]

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ORS 448.325 Injunction to enforce city ordinances. In cases of violation of any ordinance adopted under ORS 448.300 or 448.305 any city or any corporation owning a domestic water supply source or the community water supply system for the purpose of supplying any city or its inhabitants with water may have the nuisance enjoined by civil action in the circuit court of the proper county. The injunction may be perpetual. [Formerly 449.340]

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ORS 448.330 Moratorium of pipe and fittings for potable water supply; acceptability criteria; exceptions; rules. (1) The Director of the Oregon Health Authority may prohibit the sale of water pipe used to carry potable water and solders, fillers or brazing material used in making up joints and fittings in this state and the installation or use of water pipe used to carry potable water and solders, fillers or brazing material used in making up joints and fittings in any private or public potable water supply system or individual water user’s lines until such time as the director determines that adequate standards exist and are practiced in the manufacture of water pipe used to carry potable water and solders, fillers or brazing material used in making up joints and fittings to insure that the pipe and solder do not present a present or potential threat to the public health in this state

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ORS 448.370 Grant program; rules. (1) As used in this section, “water supplier” and “water system” have the meanings given those terms in ORS 448.115

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ORS 448.375 Biennial report. No later than April 1 of each even-numbered year, the Oregon Watershed Enhancement Board shall submit a report, in the manner provided by ORS 192.245, to the interim committees of the Legislative Assembly related to water. The report shall describe the performance of the grant program established under ORS 448.370. The report must include, but need not be limited to

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ORS 448.380 Community Drinking Water Enhancement and Protection Fund. The Community Drinking Water Enhancement and Protection Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Community Drinking Water Enhancement and Protection Fund shall be credited to the fund. The fund shall consist of all moneys credited to the fund, including moneys appropriated or transferred to the fund by the Legislative Assembly. Moneys in the fund are continuously appropriated to the Oregon Watershed Enhancement Board for the purpose of carrying out ORS 448.370. [2023 c.606 §4]

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ORS 448.405 Definitions for ORS 448.405 to 448.465. As used in ORS 448.405 to 448.465

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ORS 448.407 Advisory committee to commission and Oregon Health Authority. To aid and advise the Environmental Quality Commission and the Oregon Health Authority in the adoption of rules under ORS 448.410 and 448.450, the Director of the Department of Environmental Quality and the Director of the Oregon Health Authority shall appoint an advisory committee. The members of the committee shall include but need not be limited to representatives of all types of water systems. [1987 c.635 §16; 2009 c.595 §865]

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ORS 448.409 Biennial report. On or before January 1 of each odd-numbered year, the Department of Environmental Quality and the Oregon Health Authority shall develop and submit a joint report to the Legislative Assembly. The report shall include, but need not be limited to

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ORS 448.410 Authority and duties of Environmental Quality Commission; rules; fees. (1) The Environmental Quality Commission shall

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ORS 448.415 Certification required for operators. (1) Except as provided in ORS 448.430, any sewage treatment works, whether publicly or privately owned, used or intended for use by the public or private persons must be supervised by an operator certified pursuant to ORS 448.410. The operator’s certification must correspond to the classification of the sewage treatment works supervised by the operator

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ORS 448.420 Special certification provisions. On and after September 27, 1987, an operator holding a current Oregon sewage treatment certification issued under a voluntary certification program shall be considered certified under the program established under ORS 448.410 at the same classification and grade. Certification of operators by any state that, as determined by the Director of the Department of Environmental Quality, accepts certifications made under ORS 448.410 to 448.430 and 448.992, shall be accorded reciprocal treatment and shall be recognized as valid and sufficient within the purview of ORS 448.410 to 448.430 and 448.992, if in the judgment of the director, the certification requirements of such state are substantially equivalent to the requirements of ORS 448.410 to 448.430 and 448.992 or any rule adopted under ORS 448.410 to 448.430 and 448.992. [1987 c.635 §5]

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ORS 448.425 Deposit and use of fees. Any fees collected pursuant to the schedule adopted under ORS 448.410 shall be deposited in the General Fund of the State Treasury to the credit of the Department of Environmental Quality. Such fees are continuously appropriated to the department to pay the cost of administering the provisions of ORS 448.410 to 448.430 and 448.992. [1987 c.635 §6]

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ORS 448.430 Certification exception. The requirements of ORS 448.415 shall not apply to

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ORS 448.450 Powers and duties of Oregon Health Authority; rules; fees. (1) The Oregon Health Authority shall

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ORS 448.455 Certification required for operators. (1) Any potable water treatment plant or water distribution system whether publicly or privately owned, used or intended for use by the public or private persons must be supervised by an operator certified pursuant to ORS 448.450. The operator’s certification must correspond to the classification of the water treatment plant or distribution system supervised by the operator

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ORS 448.460 Special certification provisions. On and after September 27, 1987, an operator holding a current Oregon water treatment certification issued under a voluntary certification program shall be considered certified under the program established under ORS 448.450 at the same classification and grade. Certification of operators by any state that, as determined by the Oregon Health Authority, accepts certifications made under ORS 448.450 to 448.465, 448.992 and 448.994, shall be accorded reciprocal treatment and shall be recognized as valid and sufficient within the purview of ORS 448.450 to 448.465, 448.992 and 448.994, if in the judgment of the Director of the Oregon Health Authority, the certification requirements of such state are substantially equivalent to the requirements of ORS 448.450 to 448.465, 448.992 and 448.994 or any rule adopted under ORS 448.450 to 448.465, 448.992 and 448.994. [1987 c.635 §12; 2009 c.595 §869]

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ORS 448.465 Deposit of fees. Any fees collected pursuant to the schedule adopted under ORS 448.450 shall be deposited in the General Fund of the State Treasury to the credit of the Oregon Health Authority. Such fees are continuously appropriated to the authority to pay the cost of administering the provisions of ORS 448.450 to 448.465, 448.992 and 448.994. [1987 c.635 §13; 2009 c.595 §870; 2011 c.720 §205]

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ORS 448.470 [1987 c.635 §14; 1989 c.1091 §1; repealed by 2001 c.723 §3]

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ORS 448.990 Penalties for violations of pool facility or water system requirements. (1) Violation of ORS 448.005 to 448.090 by any person, firm or corporation, whether acting as principal or agent, employer or employee, is a Class B misdemeanor. Each day that the violation continues is a separate offense

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ORS 448.992 Sewage treatment works violation penalties. (1) Any person who knowingly and willfully violates ORS 448.415 (2) commits a Class B misdemeanor

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ORS 448.994 Potable water treatment plant violation penalty. (1) Any person who knowingly and willfully violates ORS 448.455 (2) commits a Class B misdemeanor

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