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:

(1)

The federal government provides an annual program grant in an amount no less than that allocated for the state in the 1984 fiscal year.

(2)

The federal government provides technical assistance to this state, as requested, in emergency situations and during outbreaks of waterborne diseases.

(3)

The federal government must negotiate an annual work plan for the Oregon Health Authority that can be accomplished within the amount of program grant funding available.

(4)

The authority adopts standards no less stringent than the National Primary Drinking Water Regulations of the United States Environmental Protection Agency.

(5)

The authority provides engineering assistance through regional offices in at least four geographically distributed areas in this state.

(6)

In cooperation with representatives of local health departments, the authority develops an equitable formula for distribution of available funds to support local health department water programs.

(7)

The primacy agreement 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 (Salary plan review by legislative review agency) (1).

(8)

The federal government can impose financial sanctions against this state if the state fails to meet the objectives of the annual negotiated work plan without reasonable explanation by tying the next annual funding to specific state production and by withholding of funds a possibility if continued unexplained failures occur but no sanction exists to interfere with other types of federal funding in this state.

(9)

The federal government may seek to enforce the safe drinking water standards if this state fails to take timely compliance action against a public water system that violates such standards.

(10)

Enforcement under subsection (9) of this section may be by injunctive relief or, in the case of willful violation, civil penalties authorized by 42 U.S.C. 300g-3(a) and (b). [1985 c.178 §1; 2001 c.900 §257; 2009 c.595 §856]

Source: Section 448.273 — Federal Safe Drinking Water Act administration, 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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