OAR 333-061-0061
Capacity Requirements for Public Water Systems

(1)

Water system capacity is defined as the technical, managerial, and financial capability of the water system necessary to plan for, achieve, and maintain compliance with applicable drinking water standards.

(2)

Capacity requirements for new public water systems.

(a)

Any new community, NTNC, or TNC public water system must meet the applicable requirements in this rule prior to serving drinking water to the public. The owner of such water system shall submit evidence of meeting all applicable requirements to the Authority for review and shall commence operation only after Authority approval. This rule does not apply to water systems that were built and operating prior to October 1, 1999.

(b)

Requirements for Technical Capacity.

(A)

The water system must comply with the local land use requirements of OAR 333-061-0062 (Land Use Coordination), including submission to the Authority of evidence of approval by the local land use authority.

(B)

The water system must comply with plan submission and review requirements of OAR 333-061-0060 (Plan Submission and Review Requirements), and plans submitted must comply with construction standards in OAR 333-061-0050 (Construction Standards).

(C)

The owner of a new water system must demonstrate a valid water right permit as required and prescribed by the Oregon Water Resources Department (ORS chapter 537).

(D)

The water system must submit initial water quality test results demonstrating compliance with applicable MCLs (OAR 333-061-0030 (Maximum Contaminant Levels and Action Levels)), and applicable treatment requirements and performance standards (OAR 333-061-0032 (Treatment Requirements and Performance Standards for Surface Water, Groundwater Under Direct Influence of Surface Water, and Groundwater) and 0034).

(E)

Community water systems shall have water use meters installed at all service connections.

(F)

Community water systems with 300 or more service connections or serving more than 1,000 people shall have a master plan meeting the requirements of OAR 333-061-0060 (Plan Submission and Review Requirements)(5).

(c)

Requirements for Managerial Capacity.

(A)

Community and NTNC water systems must employ or contract for the services of a certified operator as required by OAR 333-061-0225 (General Requirements Applying to Water Suppliers and Water Systems).

(B)

Community water systems within areas of Oregon where State or Federally listed sensitive, threatened or endangered fish species are located, shall consult with the Oregon Water Resources Authority. If required by the Oregon Water Resources Department, community water systems shall have water management and conservation plans meeting the requirements of Oregon Water Resources Department OAR 690-086-0010 (Purpose) through 0920.

(d)

Requirements for Financial Capacity. The water system must establish a water rate structure and billing procedure, or alternate financial plan, to assure that funds are collected and available to meet the anticipated operation, maintenance, and replacement costs of the water system.

(3)

Capacity requirements for public water systems applying for a loan from the Drinking Water State Revolving Loan Fund.

(a)

All public water systems qualifying for a Drinking Water State Revolving Fund loan must receive a capacity assessment for technical and managerial capacity from the Authority, and financial capacity from the Oregon Economic & Community Development Department through the loan application process, prior to contract execution.

(b)

All deficiencies identified in the capacity assessment must be corrected such that:

(A)

Those deficiencies identified in the capacity assessment as major deficiencies must be corrected prior to contract execution. Major deficiencies include but are not limited to the following:
(i)
Under technical capacity, major infrastructure deficiencies identified in the sanitary survey and not corrected as a part of this project or identified as a deficiency under paragraph (E) of this subsection; or
(ii)
Under managerial capacity, no certified operator and no contract or agreement for operator services from another water system or management agency; or
(iii)
Under financial capacity, inappropriate financial statements, lack of a capital financing program, or an inadequate rate structure to cover necessary system operation, debt service, or capital replacement.

(B)

Those deficiencies identified in the capacity assessment as loan conditions must be corrected as a part of the contract prior to contract completion or on a schedule set or approved and tracked by the Authority or its designee. Loan condition deficiencies are deficiencies which may take considerable staff or contractor time and possibly some funding to correct. Loan condition deficiencies include but are not limited to the following:
(i)
Under technical capacity, inadequate or no water rights, incomplete installation of water use meters, incomplete or no engineering drawings of the water system, out-of-date or no master plan, or incomplete or no plan review on prior construction projects; or
(ii)
Under managerial capacity, having an operator at a lower level than required in responsible charge of the water system, no written emergency response plan, no written water conservation program if required by the Water Resources Department under OAR 690-086-0010 (Purpose) through 690-086-0920 (Enforcement), no written water system operations manual, or no cross connection program.

(C)

Those deficiencies identified in the capacity assessment as short term deficiencies must be corrected prior to contract completion and will be tracked by the Authority. Short term deficiencies are deficiencies which can be quickly corrected with additional staff attention. Short term deficiencies include but are not limited to the following:
(i)
Under technical capacity, water quality monitoring is incomplete, no coliform sample plan or site map, or no written water quality monitoring plan; or
(ii)
Under managerial capacity, no annual cross connection summary report if required, or no consumer confidence report if required.

(D)

Those deficiencies identified in the capacity assessment as corrected with the project will be considered by the Authority as corrected with contract completion.

(E)

All other deficiencies identified in the capacity assessment must be identified and established as a future construction project in the water system master plan, feasibility study, or other such document in order to be considered by the Authority as corrected in the future.

(c)

Funding to correct a deficiency identified as a loan condition under paragraph (b)(B) of this section may be included as part of the project contract under the Drinking Water State Revolving Fund, if that part of the project to correct the deficiency qualifies under the terms of the Drinking Water State Revolving Fund.

(4)

All community, NTNC and TNC public water systems will receive capacity assessments conducted by or with the assistance of the Authority.

(a)

The capacity assessment consists of a written report identifying deficiencies in technical, managerial, and financial capacity, and a letter listing recommendations to correct the deficiencies. The findings of the capacity assessment and recommendations for correction will be presented to the management of the water system at a regular or special meeting.

(b)

The frequency of capacity assessments for a public water system, as described in this subsection, is dependent on the risk to human health as determined by the Authority.

(c)

The recommendations for correction of deficiencies identified in capacity assessments are, or, become requirements for any public water system, as described in this subsection, with multiple violations of the drinking water standards, in significant non-compliance with the drinking water standards, or an Administrative Order issued by the Authority.

Source: Rule 333-061-0061 — Capacity Requirements for Public Water Systems, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-061-0061.

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 333-061-0061’s source at or​.us