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Oregon Health Authority

Drinking Water Rules

Notice of Proposed Rulemaking


The Oregon Health Authority, Public Health Division (OHA), Drinking Water Services is proposing permanent amendments (changes) to Oregon Administrative Rules chapter 333, division 061. OHA is inviting public comment about the proposed amendments. Final rules will be filed after consideration of all comments.

The proposed amendments are intended to clarify, correct and improve rule text, and align rule text with OHA practices and federal regulations.

Please review the documents below for more information:

 

You are invited to provide comment regarding the proposed rule amendments using one of three options:

  • Provide oral (spoken) testimony during a public hearing on November 19, 2024, at 2:00 p.m. PST. Attend via video/telephone using Microsoft Teams.
    • To provide oral testimony during this hearing:
      • Join using the Meeting URL.
      • The join link for the meeting in the Notice of Proposed Rulemaking under “Remote Meeting Details” using the “Meeting URL.”
      • You may also contact the Public Health Division Rules Coordinator at [email protected] to sign-up to provide oral testimony and receive the link for the Microsoft Teams video conference via calendar appointment. 
    • For audio only, dial 971-277-2343 and use phone conference ID 690 231 35#.
  • Submit written comments before 5:00 p.m. on November 29, 2024.
    • Email to: Public Health Division Rules Coordinator at [email protected].
    • Regular mail must be postmarked by 5:00 p.m. on November 30, 2024. Mail comments to: 
OHA, Public Health Division 
Brittany Hall, Administrative Rules Coordinator 
800 NE Oregon Street, Suite 930
Portland, OR 97232
  • Fax: send comments to 971-673-1299.
If you have any questions or would like to request a paper copy of these documents, please contact OHA at 971-673-0405.

For a summary of each rule amendment or specific information regarding the changes, please refer to the following information:

  • Amend OAR 333-061-0010: The Scope and Applicability rule will be amended to clarify that water systems consisting only of distribution and storage facilities which utilize treatment for pathogens such as Legionella will be regulated as public water systems.
  • Amend OAR 333-061-0020: The Definitions rule will be amended to clarify that contaminants may not always constitute a health hazard and to correct that turbidity is not measured at the entry point to a water distribution system.
  • Amend OAR 333-061-0025: The Responsibilities of Water Suppliers rule will be amended to clarify that water suppliers are required to ensure maximum contaminant levels are not exceeded.
  • Amend OAR 333-061-0030: The Maximum Contaminant Levels and Action Levels rule will be amended to clarify that it is a violation of the rule if a contaminant exceeds the specified maximum contaminant level.
  • Amend OAR 333-061-0036: The Sampling and Analytical Requirements rule will be amended to improve table formatting, clarify that routine samples are required to meet regular coliform monitoring requirements, clarify that assessment monitoring must be conducted at groundwater sources without 4-log treatment and to include an additional table for disinfection of groundwater by chlorine. 
  • Amend OAR 333-061-0040: The Reporting and Record Keeping rule will be amended to improve table formatting.
  • Amend OAR 333-061-0042: The Public Notice rule will be amended to include adverse health effects language to improve the efficiency of rule text. 
  • Amend OAR 333-061-0043: The Consumer Confidence Reports rule will be amended to improve rule text and to renumber tables.
  • Amend OAR 333-061-0060: The Plan Submission and Review Requirements rule will be amended to renumber a table and clarify that not all plans must be drawn to scale.
  • Amend OAR 333-061-0065: The Operation and Maintenance rule will be amended so that water suppliers are required to identify a point of contact representative for public water systems.
  • Amend OAR 333-061-0070: The Cross Connection Control Requirements rule will be amended to clarify that the annual cross connection implementation fee may be waived, and to improve table formatting.
  • Amend OAR 333-061-0071: The Backflow Prevention Assembly Installation and Operation Standards rule will be amended to renumber a table.
  • Amend OAR 333-061-0089: The Annual Water System Fee rule will be amended to renumber a table. 
  • Amend OAR 333-061-0090: The Penalties rule will be amended to clarify that it is a violation of OAR 333-061-0030 if a contaminant exceeds the specified maximum contaminant level and to renumber a table.
  • Repeal OAR 333-061-0097: The Adverse Health Effects Language rule will be repealed because identical or redundant rule text exists in OAR 333-061-0043. Some rule text will be moved to OAR 333-061-0042 where it is applied.
  • Amend OAR 333-061-0100: The Requirements for Oregon Very Small Water Systems rule will be amended to clarify that monitoring reductions will be revoked if monitoring isn’t conducted.
  • Amend OAR 333-061-0220: The Classification of Water Treatment Plants and Water Distribution Systems rule will be amended to improve table formatting.
  • Amend OAR 333-061-0235: The Operator Certification Requirements, Levels 1-4 will be amended to renumber a table.
  • Amend OAR 333-061-0265: The Fees rule will be amended to improve table formatting.
  • Amend OAR 333-061-0540: The Cyanotoxin Monitoring rule will be amended to identify the correct total microcystin and cylindrospermopsin concentrations to trigger a return to regular, raw water monitoring.

Oregon Revised Statute (ORS) Oregon Drinking Water Quality Act

Enacted in 1981, the statute (periodically amended) includes Oregon Revised Statute (ORS) 448.119 to 448.285454.235; and 454.255. The purpose of the above act is (in part) to:

  • Ensure that all Oregonians have safe drinking water;
  • Provide a simple and effective regulatory program for drinking water systems; and
  • Provide a means to improve inadequate drinking water systems.

Current Oregon Administrative Rules (OARs) for Drinking Water

ORS 448.131 authorizes Drinking Water Services (DWS) to adopt administrative rules to ensure safe drinking water. OAR Chapter 333 Division 061 is reserved for regulations regarding public water systems and was last amended on February 1, 2023.

A complete set of the drinking water rules is in Chapter 333, Division 061.

Quick links to specific rules are provided below:

The rules document provided by DWS is formatted for accessibility and ease of use and is not a legal or official version of the rules filed with and published by the Oregon Secretary of State as of February 1, 2023. View the official version of the rules here.