It is important to understand the regulatory context of water quality as it relates to drinking water source protection. We all depend on clean water. Many agencies implement different aspects of water quality regulations to protect public health and water resources in Oregon.
The Oregon Department of Environmental Quality protects sources of drinking water, meaning the lakes, rivers, streams and groundwater from which water systems get public drinking water. Oregon Health Authority makes sure the water pulled from these locations is treated and tested so that it safe to drink. DEQ and OHA work together and with a number of other state agencies to ensure regulations align to protect drinking water.
The Safe Drinking Water Act and OHA
The Oregon Health Authority is the state agency responsible for the implementation of the federal Safe Drinking Water Act in Oregon. OHA administers and enforces drinking water quality standards through its Drinking Water Services program. State rules include requirements for systems to meet the Safe Drinking Water Act maximum contaminant levels, which are legal threshold limits on the amount of a substance that is allowed in drinking water which is delivered to the consumer. Water systems are also required to submit to periodic inspections and meet enforcement requirements as administered by OHA (reference Oregon Administrative Rules 333.061, 338.277, and 448.131 for more information). As the primacy agency responsible for implementing the Safe Drinking Water Act, OHA also approves drinking water treatment plans, sets construction and operator certification standards, and enforces rules to ensure safe drinking water. OHA assists systems in complying with standards by providing technical assistance and provides grants and loans to aid public water system operations.
The Clean Water Act and DEQ
The Safe Drinking Water Act does not give OHA authority to prevent pollution to the sources of drinking water. The Clean Water Act gives that authority to DEQ as the agency responsible for addressing pollution affecting water quality upstream of drinking water intakes. Protecting water quality in source waters for public water systems requires implementation of federal Clean Water Act authorities and state law. The Surface Water Resource Guide provides more information on other DEQ water quality programs that intersect with drinking water source area planning and protection. Clean Water Act authorities apply to all state waters in Oregon, and DEQ works to achieve Clean Water Act goals by implementing a variety of programs. DEQ works with OHA to implement drinking water source protection work.
While DEQ has overall regulatory authority over the Clean Water Act, the state has delegated some industry-specific oversight to other agencies such as the Oregon Department of Forestry, Oregon Department of Agriculture, or Oregon Department of Geology and Mineral Industries. For example, in agricultural areas, ODA is responsible for ensuring that agriculture practices meet state water quality standards. However, DEQ has the overall authority and responsibility to ensure state water quality standards are being met. A summary of agency rules and regulations regarding setbacks and buffers as well as pesticides can be found in these factsheets:
Groundwater Protection and State Regulations
Under Oregon state statutes (ORS 468B.005(10) and ORS 468B.015), groundwater, or underground waters, is clearly considered part of “waters of the state" protected for beneficial uses that include public water supplies. In addition, the Oregon Groundwater Quality Protection Act of 1989 (ORS 468B.150-190) sets a broad goal for the state of Oregon to prevent contamination of Oregon's groundwater resource, to conserve and restore this resource, and to maintain the high quality of this resource for present and future uses. The act established a policy that all state agencies' rules and programs are to be consistent with the goal of protecting drinking water resources and public health.
DEQ has primary responsibility for implementing groundwater quality protection in Oregon. DEQ coordinates groundwater quality protection with other state agencies which have overlapping responsibilities for regulation, involvement, or oversight. DEQ implements groundwater quality protection through a variety of programs and responsibilities that are designed to prevent groundwater contamination from point and non-point sources of pollution, to clean up pollution sources, and to monitor and assess groundwater quality.
Contact
For more information, email Drinkingwater.Protection@deq.oregon.gov