OAR 333-061-0057
Voluntary Drinking Water Protection Program

(1)

In accordance with OAR 340-040-0140 (Wellhead Protection: Statement of Purpose) through 0200, a public water system or other responsible management authority that wishes to have a state certified drinking water protection program shall comply with the requirements prescribed in this rule.

(2)

As used in this rule, the following definitions apply:

(a)

“Conceptual model” means a three-dimensional representation of the groundwater system, including the location and extent of the hydrogeologic units, areas of recharge and discharge, hydrogeologic boundaries and hydraulic gradient.

(b)

“Effective porosity” means the ratio of the volume of interconnected voids (openings) in a geological formation to the overall volume of the material.

(c)

“Hydrogeologic boundary” means physical features that bound and control direction of groundwater flow in a groundwater system. Boundaries may be in the form of a constant head (for example, streams) or represent barriers to flow (for example, groundwater divides and impermeable geologic barriers).

(d)

“Hydrogeologic mapping” means characterizing hydrogeologic features (for example, hydrogeologic units or hydrogeologic boundaries) within an area and determining their location, areal extent and relationship to one another.

(e)

“Hydrogeologic unit” means a geologic formation, group of formations, or part of a formation that has consistent and definable hydraulic properties.

(f)

“Porous media assumption” means the assumption that groundwater moves in the aquifer as if the aquifer were granular in character, that is moves directly down-gradient, and the velocity of the groundwater can be described by Darcy’s Law.

(g)

“Provisional delineation” means approximating the WHPA for a well by using the WHPA from another well in the same hydrogeologic setting or by using generalized values for the aquifer characteristics to generate an approximate WHPA for the well. Used only for the purpose of evaluating potential siting of new or future groundwater sources. Not an acceptable way to formally delineate a WHPA.

(h)

“Recharge area” means a land area in which water percolates to the zone of saturation through infiltration from the surface.

(i)

“Recovery” means the rise in water level in a well from the pumping level towards the original static water level after pumping has been discontinued.

(j)

“Water-bearing zone” means that part or parts of the aquifer encountered during drilling that yield(s) water to a well.

(3)

Delineation of the DWPA:

(a)

Delineations will be accomplished for all Community, Non-transient Non Community and Transient Non Community water systems as part of the Safe Drinking Water Act’s Source Water Assessment Program. Water systems may choose to complete or upgrade the delineations themselves. If so, they must comply with subsection (3)(b) of this rule;

(b)

Delineation requirements for all groundwater sources are as follow:

(A)

Delineations will be accomplished using a minimum TOT criterion of 10 years unless a hydrogeologic boundary is encountered at a shorter time of travel or as specified in subsection (3)(c) of this rule.

(B)

Delineations will be accomplished by a registered geologist, engineering geologist or other licensed professional with demonstrated experience and competence in hydrogeology in accordance with ORS 672.505 (Definitions for ORS 672.505 to 672.705) through 672.705 (Fees);

(C)

Except as noted in subsection (3)(c) of this rule, a conceptual ground water model shall be developed for all public water systems participating in the voluntary drinking water protection program. The model shall be based on available information including, but not limited to, well reports, published reports and available unpublished reports and theses, etc. Sources of this information include the Water Resources Department, U. S. Geological Survey, Department of Geology and Mineral Industries, Department of Environmental Quality, university libraries and the Authority. The model shall include, but not be limited to, the identification and characterization of hydrogeologic units, determination of hydrogeologic boundaries, if any, areas of discharge and recharge and distribution of hydraulic head for the aquifer(s) of concern. The model shall also evaluate whether or not the porous media assumption is valid;

(D)

The delineated DWPA and supporting documentation shall be submitted to the Authority for review and certification;

(E)

Within 60 days of the receipt of the delineated DWPA and supporting documentation, the Authority shall send a written acknowledgment of that receipt and an estimated date for review and certification of the delineation;

(F)

The delineation techniques stipulated in this rule represent the minimum acceptable effort required for a state certified program. The use of a more sophisticated technique is acceptable.

(c)

Springs. For water systems served by springs, hydrogeologic mapping shall be used to delineate the recharge area to the spring(s).

(d)

Wells.

(A)

All delineations for groundwater derived from wells shall use an adjusted pump rate (Qa) that allows for potential growth using one of the methods described below, whichever yields the smallest value for Qa:
(i)
125 percent of average pump rate as determined from the three months representing the highest usage; or
(ii)
125 percent of average pump rate as determined using a comparable community; or
(iii)
The design capacity of the pump; or
(iv)
90 percent of the safe yield of the well.
(v)
The water system’s population times 200 gallons per day.

(B)

For water systems serving a population ≤500 and using a single well, the minimum acceptable delineation method is a calculated fixed radius. Parameters considered in this technique include Qa, effective porosity, open (screened or perforated) interval or thickness of the water-bearing zone(s), whichever is less, and a TOT of 15 years.

(C)

For water systems serving a population of 501 to 3,300 or systems serving ≤500 with multiple wells, the DWPA(s) shall be delineated using a combination of an analytical technique and hydrogeologic mapping.

(D)

For water systems serving a population >3,300, the conceptual model shall be refined using site-specific collected data. Data collected shall include, but not be limited to, measured static water levels for the purpose of generating a map of the appropriate potentiometric-or water table surface, and a 24-hour or longer constant-rate aquifer test where a well is pumped and data is collected in a manner that provides information regarding the hydraulic characteristics of the aquifer. The well to be tested should remain idle for a period of 24 hours prior to the test. The pumping rate and water levels in the well should be monitored at appropriate intervals during the pre-pumping, pumping and recovery phases. Additional technical information is given in the Oregon Wellhead Protection Guidance Manual and the Oregon Source Water Assessment Guidance.

(E)

For water systems serving a population of 3,301 to 50,000, the DWPA(s) shall be delineated as provided in subsection (3)(c) of this rule, with the exception of using the site specific data collected in accordance with subsection (3)(c) of this rule.

(F)

For water systems serving a population >50,000 and using wells, the DWPA(s) shall be delineated using numerical models or comparable analytical methods. The model must be calibrated using field observations and measurements of appropriate hydrogeologic parameters.

(e)

Susceptibility Analysis. To guide the development of management strategies, the aquifer’s susceptibility within the DWPA may be determined using the methods described in the Use and Susceptibility Waiver Guidance Document, the Oregon Source Water Assessment Guidance or another pre-approved process. Additional technical information is available in the Oregon Wellhead Protection Guidance Manual.

(f)

Delineation Update. The water system’s DWPA delineation shall be re-examined every five years or during the sanitary survey for that system for potential revisions (OAR 340-040-0190 (Wellhead Protection: Update Procedure)). Factors that may require revision of a DWPA boundary include, but are not limited to the following:

(A)

A significant change in the pumping rate;

(B)

A significant change in recharge to the aquifer;

(C)

Wells outside the control of the water system placed in a manner that could significantly modify the shape or orientation of the original DWPA.

(4)

New and Future Groundwater Sources:

(a)

New sources. With regard to the voluntary wellhead protection program, a new source is defined as an additional or modified well or spring that will be used by the water system.

(A)

For new wells or springs outside an existing DWPA or deriving water from a different aquifer than that supplying other already delineated DWPAs, the following steps shall be completed:
(i)
If more than one potential site is available, the water system or other responsible management authority shall conduct a provisional delineation and a preliminary potential contaminant source inventory for each site being considered in order to evaluate the long-term viability of each of the sites available; and
(ii)
Delineate the chosen site as prescribed in section (3) of this rule. Further technical information is provided in the Oregon Wellhead Protection Guidance Manual.

(B)

For new wells or springs inside an existing DWPA or potentially influencing an existing DWPA, the following steps shall be completed:
(i)
Evaluate sites and delineate DWPA(s) as prescribed in subparagraphs (4)(a)(A)(i) and (ii) of this rule; and
(ii)
Modify the existing wellhead protection plan to encompass modifications resulting from the new delineation.

(C)

New wells or springs as defined in subsection (4)(a) of this rule shall comply with all appropriate construction standards as prescribed in OAR 333-061-0050 (Construction Standards) and shall comply with plan submission requirements as prescribed in OAR 333-061-0060 (Plan Submission and Review Requirements).

(b)

Future sources. A public water system or other responsible management authority that has recognized the need for future groundwater supplies beyond their current capacity may choose to identify the area where this future supply will be obtained in accordance with subparagraph (4)(a)(A)(i) of this rule.

(5)

Contingency Planning:

(a)

Public water systems shall develop or revise contingency plans for response to potential loss or reduction of their drinking water source(s). Key elements of the plan shall include, but not be limited to, the following:

(A)

Inventory/prioritize all threats to the drinking water supply;

(B)

Prioritize water usage;

(C)

Anticipate responses to potential incidents;

(D)

Identify key personnel and development of notification roster;

(E)

Identify short-term and long-term replacement potable water supplies;

(F)

Identify short-term and long-term conservation measures;

(G)

Provide for plan testing, review and update;

(H)

Provide for new and on-going training of appropriate individuals;

(I)

Provide for education of the public; and

(J)

Identify logistical and financial resources.

(b)

Public water systems shall coordinate their contingency plan with the emergency response plans of the appropriate county or city and with the contingency plans developed by industries using hazardous materials within the WHPA.

Source: Rule 333-061-0057 — Voluntary Drinking Water Protection Program, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-061-0057.

333–061–0005
Purpose 333–061–0010
Scope 333–061–0015
Adoption by Reference 333–061–0020
Definitions 333–061–0025
Responsibilities of Water Suppliers 333–061–0030
Maximum Contaminant Levels and Action Levels 333–061–0031
Maximum Residual Disinfectant Levels 333–061–0032
Treatment Requirements and Performance Standards for Surface Water, Groundwater Under Direct Influence of Surface Water, and Groundwater 333–061–0034
Treatment Requirements and Performance Standards for Corrosion Control 333–061–0036
Sampling and Analytical Requirements 333–061–0040
Reporting and Record Keeping 333–061–0042
Public Notice 333–061–0043
Consumer Confidence Reports 333–061–0045
Variances 333–061–0046
Permits 333–061–0050
Construction Standards 333–061–0055
Waivers from Construction Standards 333–061–0057
Voluntary Drinking Water Protection Program 333–061–0060
Plan Submission and Review Requirements 333–061–0061
Capacity Requirements for Public Water Systems 333–061–0062
Land Use Coordination 333–061–0063
Environmental Review Process for The Safe Drinking Water Revolving Loan Fund Program 333–061–0064
Emergency Response Plan Requirements 333–061–0065
Operation and Maintenance 333–061–0070
Cross Connection Control Requirements 333–061–0071
Backflow Prevention Assembly Installation and Operation Standards 333–061–0072
Backflow Assembly Tester Certification 333–061–0073
Cross Connection Specialist Certification 333–061–0074
Cross Connection Training Programs, Course, and Instructor Requirements 333–061–0075
Sanitary Surveys of Watersheds 333–061–0076
Sanitary Surveys 333–061–0077
Composite Correction Program & Comprehensive Performance Evaluations 333–061–0078
Coliform Investigations 333–061–0080
Role of Counties 333–061–0085
Supplemental Fluoridation 333–061–0087
Product Acceptability Criteria 333–061–0089
Annual Water System Fee 333–061–0090
Penalties 333–061–0095
Severability 333–061–0097
Adverse Health Effects Language 333–061–0098
References 333–061–0210
Operator Certification: Scope 333–061–0220
Classification of Water Treatment Plants and Water Distribution Systems 333–061–0225
General Requirements Applying to Water Suppliers and Water Systems 333–061–0228
Certification Requirements for Small Water System Operators 333–061–0230
Contracting For Services 333–061–0232
General Requirements Applying to Water System Operators 333–061–0235
Operator Certification Requirements, Levels 1–4 333–061–0245
Applications for Certification Levels 1–4 333–061–0250
Examinations for Certification, Levels 1–4 333–061–0260
Certificate Renewal Levels 1–4 333–061–0265
Fees 333–061–0270
Refusal, Suspension, or Revocation of Certification 333–061–0272
Suspension of Certification 333–061–0305
Domestic Well Program: Purpose 333–061–0310
Scope 333–061–0324
Area of Public Health Concern 333–061–0325
Domestic Well Tests 333–061–0330
Accredited Laboratories 333–061–0335
Sample Collection 333–061–0400
Reducing Lead in School Drinking Water 333–061–0510
Applicability of Cyanotoxin Rules 333–061–0520
Definitions 333–061–0530
Health Advisory Levels 333–061–0540
Cyanotoxin Monitoring 333–061–0550
Analytical Methods 333–061–0560
Reporting 333–061–0570
Public Notification 333–061–0580
Record Keeping
Last Updated

Jun. 8, 2021

Rule 333-061-0057’s source at or​.us