Title 36, Public Health and Safety

(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 nonp…

(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 preli…

(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 co…

The Legislative Assembly finds that an agreement between this state and the federal government to assume primary enforcement responsibility in this state for the federal Safe Drinking Water Act is in the best interest of this state, subject to the following assumptions: (1) The f…

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 sub…

(1) The Oregon Health Authority shall establish a program for regulating cross-connections and the backflow assemblies that are part of a water system. (2) The authority may assess an annual fee on community water systems for the purpose of implementing the cross-connection and b…

(1) The Oregon Health Authority by rule shall establish a certification program for persons who inspect cross-connections or test backflow assemblies. The program shall include minimum qualifications necessary for a person to be certified to: (a) Conduct a cross-connection inspec…

(1) In addition to any other penalty provided by law: (a) Any person who violates any rule of the Oregon Health Authority relating to the construction, operation or maintenance of a water system or part thereof shall incur a civil penalty not to exceed $500 for each day of violat…

(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…

(1) Civil penalties under ORS 448.285 shall be imposed as provided in ORS 183.745. (2) All amounts recovered under this section shall be paid into the State Treasury and credited to the General Fund. [1973 c.835 §176; 1989 c.706 §15; 1991 c.734 §28] (Jurisdiction of Cities)

Subject to the authority of the Oregon Health Authority, for the purpose of protecting from pollution their domestic water supply sources, cities shall have jurisdiction over all property: (1) Occupied by the distribution system or by the domestic water supply sources by and from…

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]

(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 acti…

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 violati…

The mayor or authorities having control of the community water supply system supplying the city may appoint special police officers who: (1) After taking oath, shall have the powers of constables. (2) May arrest with or without warrant any person committing, within the territory …

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…

(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 s…

(1) As used in this section, “water supplier” and “water system” have the meanings given those terms in ORS 448.115. (2) The Oregon Watershed Enhancement Board shall establish a program to provide grants to water suppliers to protect, restore or enhance sources of drinking water.…

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 pr…

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…

As used in ORS 448.405 to 448.465: (1) “Commission” means the Environmental Quality Commission. (2) “Department” means the Department of Environmental Quality. (3) “Director” means the Director of the Department of Environmental Quality. (4) “Operator” means a person responsible …

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 committ…

On or before January 1 of each odd-numbered year, the Department of Environmental Quality and the Oregon Health Authority shall develop and submit a joint report to the Legislative Assembly. The report shall include, but need not be limited to: (1) A summary of actions taken unde…

(1) The Environmental Quality Commission shall: (a) Adopt rules necessary to carry out the provisions of ORS 448.410 to 448.430 and 448.992. (b) Classify all sewage treatment works. In classifying the sewage treatment works, the commission shall take into consideration size and t…

(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 t…

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…

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 requirements of ORS 448.415 shall not apply to: (1) Any sewage treatment works with an approved design flow of less than 75,000 gallons a day, if the owner has contracted with a certified operator to provide part-time supervision as the Environmental Quality Commission by rul…

(1) The Oregon Health Authority shall: (a) Adopt rules necessary to carry out the provisions of ORS 448.450 to 448.465, 448.992 and 448.994. (b) Classify all potable water treatment plants and water distribution systems actually used or intended for use by the public. In classify…

(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 t…

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 …

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 provision…

(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. (2) Subject to ORS 153.022, violation of any of the follo…

(1) Any person who knowingly and willfully violates ORS 448.415 (2) commits a Class B misdemeanor. (2) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintaine…

(1) Any person who knowingly and willfully violates ORS 448.455 (2) commits a Class B misdemeanor. (2) Subject to ORS 153.022, any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or …

As used in ORS 450.005 to 450.245, unless the context requires otherwise: (1) “District board” means the governing body of a district. (2) “County board” means the county court or board of county commissioners of the county. (3) “County” means the county in which the district, or…

Sanitary districts may be formed for the purpose of providing sanitation facilities and services. In addition to the other matters, a petition for formation of a sanitary district shall state the number of members, three or five, on the district board. [1955 c.442 §2 (enacted in …

(1) The power and authority given a sanitary district, except as otherwise provided, shall be exercised by a board of three or five members, according to the number set forth in the petition for formation. (2) A person is qualified to be a member of the board if the person is an …

(1) The officers of the district shall be the district board, consisting of three or five members, and a secretary appointed by the board. (2) Except as to those members of the board who are elected on formation and those members who are elected at an election when the number of …

(1) ORS chapter 255 governs the following: (a) The nomination and election of members of the district board. (b) The conduct of district elections. (2) The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance …

(1) A district having a three member board may vote to increase the number of members on the board to five at a regular district election as provided in this section. The board shall order an election on the question of increased membership when a petition is filed with the secre…

(1) At its first regular meeting each year, or as soon thereafter as practicable, the board shall choose one of its members as president and appoint a secretary. (2) The secretary shall receive such compensation as is fixed by the order of the board. (3) The secretary shall perfo…

(1) The board shall hold such meetings either in the day or evening, as may be convenient, but must hold one regular monthly meeting at a stated time and public place, at which, so far as practicable, district business shall be conducted. (2) In case of the absence or inability o…

A sanitary district may: (1) Have and use a common seal. (2) Sue and be sued in its name. (3) Acquire, construct, reconstruct, alter, enlarge, renew, replace, operate and maintain such sewage collection and disposal systems as in the judgment of the board are necessary and proper…

(1) The district board may enter into contracts for medical or any other remedial care recognized under state law and hospital services or insurance covering employees of the district for remedial care and hospital benefits. Failure to obtain insurance or service contracts shall …

(1) The district may agree to pay none, part or all of the premiums or charges on insurance or service contracts, and it may collect from the salary of any employee covered by the contract the percentage of the premiums or charges the employee is required to provide pursuant to t…

Any general regulation or ordinance of a district board shall be adopted in accordance with ORS 198.510 to 198.600. Orders not establishing a general regulation need not be posted or published. [Amended by 1971 c.268 §16] (District Finances)

Moneys of the district may be deposited in accordance with ORS 295.001 to 295.108 and as designated by the district board. Moneys shall be withdrawn or paid out only upon proper order and warrant or check signed by the president and countersigned by the secretary. The order shall…

(1) This section establishes the procedure for determining whether bonds of the district, either general obligation, revenue or a combination of both, shall be issued and sold to raise money for the purposes set forth in ORS 450.075 (3). The question shall be decided by election.…

(1) General obligation or revenue bonds shall be of such denominations as the district board determines, except that no bonds shall be of a denomination greater than $5,000. (2) All bonds shall be payable in lawful money of the United States at a place named by the district board…