ORS 448.150
Duties of authority

  • fees
  • rules

(1)

The Oregon Health Authority shall:

(a)

Conduct periodic sanitary surveys of drinking water systems and sources, take water samples and inspect records to ensure that the systems are not creating an unreasonable risk to health. The authority shall provide written reports of the examinations to water suppliers and to local public health administrators, as defined in ORS 431.003 (Definitions).

(b)

Require regular water sampling by water suppliers to determine compliance with water quality standards established by the authority. These samples shall be analyzed in a laboratory approved by the authority. The results of the laboratory analysis of a sample shall be reported to the authority by the water supplier, unless direct laboratory reporting is authorized by the water supplier. The laboratory performing the analysis shall report the validated results of the analysis directly to the authority and to the water supplier if the analysis shows that a sample contains contaminant levels in excess of any maximum contaminant level specified in the water quality standards.

(c)

Investigate any water system that fails to meet the water quality standards established by the authority.

(d)

Require every water supplier that provides drinking water that is from a surface water source to conduct sanitary surveys of the watershed as may be considered necessary by the authority for the protection of public health. The water supplier shall make written reports of such sanitary surveys of watersheds promptly to the authority and to the local health department.

(e)

Investigate reports of waterborne disease pursuant to ORS 431.001 (Findings) to 431.550 (Power of Oregon Health Authority to collect information from local public health administrators) and 431.990 (Penalties) and take necessary actions as provided for in ORS 446.310 (Definitions for ORS 446.310 to 446.350), 448.030 (Plan approval application), 448.115 (Definitions for ORS 448.115 to 448.285) to 448.285 (Penalty schedule), 454.235 (Election), 454.255 (Plans and cost estimates) and 455.680 (Plan approval and permits for recreation or picnic park or camp) to protect the public health and safety.

(f)

Notify the Department of Environmental Quality of a potential ground water management area if, as a result of its water sampling under paragraphs (a) to (e) of this subsection, the authority detects the presence in ground water of:

(A)

Nitrate contaminants at levels greater than 70 percent of the levels established pursuant to ORS 468B.165 (Ground water contaminants); or

(B)

Any other contaminants at levels greater than 50 percent of the levels established pursuant to ORS 468B.165 (Ground water contaminants).

(2)

The notification required under subsection (1)(f) of this section shall identify the substances detected in the ground water and all ground water aquifers that may be affected.

(3)

Intentionally left blank —Ed.

(a)

The authority by rule may adopt a schedule of fees to be assessed on water suppliers to partially defray the costs of the authority related to performance of the duties prescribed by this section and ORS 448.155 (Technical assistance and training) (1), 448.175 (Power of Oregon Health Authority to order compliance) (1) and 448.255 (Notice of violation). The fee schedule shall be graduated based on the size and type of the water system owned or operated by a water supplier.

(b)

Not more than once each calendar year, the authority may increase the fees established by rule under this subsection. The amount of the annual increase may not exceed the anticipated increase in the costs of the authority related to performance of the duties prescribed by this section and ORS 448.155 (Technical assistance and training) (1), 448.175 (Power of Oregon Health Authority to order compliance) (1) and 448.255 (Notice of violation) or three percent, whichever is lower. [1981 c.749 §10; 1989 c.833 §51; 1989 c.946 §1; 1997 c.249 §149; 2005 c.696 §1; 2007 c.447 §1; 2009 c.595 §844; 2015 c.736 §94; 2019 c.509 §1]

Source: Section 448.150 — Duties of authority; fees; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors448.­html.

448.005
Definitions for ORS 448.005 to 448.090
448.011
Powers of Oregon Health Authority
448.015
Applicability of ORS 448.005 to 448.090
448.020
Plan approval required to construct or alter pool facilities
448.030
Plan approval application
448.035
Annual license required to operate
448.037
Variance
448.040
Entry on premises for inspection purposes
448.051
Inspection of facilities
448.060
Operating pool or other facility without permit, plan approval or license
448.090
Disposition of moneys
448.095
Natural bathing places exempt
448.100
Delegation to county to administer ORS 448.005 to 448.060
448.115
Definitions for ORS 448.115 to 448.285
448.119
Application of ORS 448.119 to 448.285 and other provisions to water systems
448.123
Purpose
448.127
Short title
448.131
Water quality, construction and installation standards
448.135
Variances
448.140
Permit for operation of water system
448.145
When permit may be issued
448.150
Duties of authority
448.153
State Drinking Water Advisory Committee
448.155
Technical assistance and training
448.160
Emergency plans
448.165
Local government water service plans
448.170
Agreement to authorize local public health authority to exercise duties
448.175
Power of Oregon Health Authority to order compliance
448.180
Waiver of construction standards
448.250
Remedy when system a health hazard
448.255
Notice of violation
448.265
Prohibited actions
448.268
Area of ground water concern
448.271
Transfer of property that includes well
448.273
Federal Safe Drinking Water Act administration
448.277
Authority as administrator
448.278
Program for regulating cross-connections and backflow assemblies
448.279
Certification of inspectors of cross-connections and testers of backflow assemblies
448.280
Civil penalties
448.285
Penalty schedule
448.290
Process for imposing civil penalty
448.295
Jurisdiction of cities over property used for system or sources
448.300
City ordinance authority
448.305
Special ordinance authority of certain cities
448.310
Investigation of complaints
448.315
Special police to enforce ORS 448.295
448.325
Injunction to enforce city ordinances
448.330
Moratorium of pipe and fittings for potable water supply
448.405
Definitions for ORS 448.405 to 448.465
448.407
Advisory committee to commission and Oregon Health Authority
448.409
Biennial report
448.410
Authority and duties of Environmental Quality Commission
448.415
Certification required for operators
448.420
Special certification provisions
448.425
Deposit and use of fees
448.430
Certification exception
448.450
Powers and duties of Oregon Health Authority
448.455
Certification required for operators
448.460
Special certification provisions
448.465
Deposit of fees
448.990
Penalties for violations of pool facility or water system requirements
448.992
Sewage treatment works violation penalties
448.994
Potable water treatment plant violation penalty
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