Drinking Water Rules

Rules and Rulemakings

On this page:

Current Rulemaking
Previous Rulemaking
Oregon Revised Statute (ORS) Drinking Water Quality Act of 1981
Current Oregon Administrative Rules (OARs) for:

Drinking Water
Water System Operator Certification
Domestic Well Testing and Real Estate Transactions

Current Rulemaking

Permanent rule amendments requiring an examination to be certified as the operator of a small water system.

The Oregon Health Authority, Public Health Division (OHA) is proposing to permanently amend Oregon Administrative Rule 333-061-0228 related to the training and certification of individuals as small water system operators. DWS proposes an examination be required to earn this certification, beginning on August 1, 2022. The amendments are necessary to be consistent with federal guidelines and thereby preserve federal grant funding because federal guidelines require an examination before operator certification is granted.

Small water system certification is required at community and non-transient non-community public water systems serving 150 service connections or less, and that use only groundwater sources or where finished water is purchased from another public water system. Visit the Small Water System Operator page for more information.

Specific amendments and proposed rule language are identified in the documents available below, which include:

The Notice of Proposed Rulemaking, The Statement of Need and Fiscal Impact and full text of the proposed rule.
Full text of the proposed rule formatted to be more accessible

Public Hearing & Comment Period

If you wish to comment on these proposed rule revisions, you may submit written comments or provide oral testimony as follows:

You may submit written comments before 5:00 p.m. on November 30, 2020 to:

OHA, Public Health Division

Brittany Hall, Administrative Rules Coordinator

800 NE Oregon Street, Suite 930

Portland, OR 97232

By email to: publichealth.rules@state.or.us, or

By facsimile to (971) 673-1299.

You can present oral testimony by teleconference during the following public hearing:

1-877-848-7030, access Code: 2030826 on November 17, 2020 at 10:00 a.m.

If you have any questions or would like to request a paper copy of these documents, please contact Brad Daniels at 971-673-0405.

Previous Rulemaking

There are no previous rulemakings.

Oregon Revised Statue (ORS) Oregon Drinking Water Quality Act

Enacted in 1981, the statute (periodically amended) includes Oregon Revised Statute (ORS) 448.119 to 448.285; 454.235; 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 January 10, 2018.

A complete set of rules in

Chapter 333, Division 061.

Specific portions of the rules are also available as PDF files below, ordered by section number (some of the files include more than one section of the rules):

333-061-0005; 0010; 0015 Purpose; Scope; and Adoption by Reference
333-061-0020 Definitions
333-061-0025 Responsibilities of Water Suppliers
333-061-0030; 0031 Maximum Contaminant Levels and Action Levels; and 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; 0046 Variances and Permits
333-061-0050; 0055 Construction Standards and Waivers from Construction Standards
333-061-0057 Voluntary Drinking Water Protection Program
333-061-0060 Plan Submission and Review Requirements
333-061-0061; 0062 Capacity Requirements for Public Water Systems & 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; 0071 Cross Connection Control Requirements; and Backflow Assembly Installation Standards
333-061-0072 Backflow Assembly Tester Certification
333-061-0073 Cross Connection Specialist Certification
333-061-0074 Cross Connection Training and Instructor Requirements
333-061-0075; 0076; 0077 Sanitary Surveys of Watersheds; Sanitary Surveys of Public Water Systems; and Composite Correction Program Comprehensive Performance Evaluations
333-061-0078 Coliform Investigations
333-061-0080; 0085; 0087; 0090; 0095 Role of Counties; Supplemental Fluoridation; Product Acceptability Criteria; and Severability
333-061-0089 Annual Fee for Public Water Systems

333-061-0097; 0098 Adverse Health Effects Language and References
333-061-0400 Reducing Lead in School Drinking Water (Response to public comments)
333-061-0510; 0520; 0530; 0540; 0550; 0560; 0570; 0580 Cyanotoxin Monitoring and Public Notification at Public Drinking Water Systems (Response to public comments)

OARs for Water System Operator Certification

The purpose of operator certification is to protect public health and public water systems in Oregon. DWS accomplishes this by reviewing the experience, education and credentials of persons responsible for the production, treatment and distribution of public drinking water and determining their compliance with an established standard of proficiency. The rules include application guidelines, general operator criteria and grade requirements; operator system classifications and fees are also covered. They are provided below as PDF files; some of the files include more than one section of the rules, in which case the content is ordered by section number.

333-061-0210; 0220 Operator Certification Scope; and Classification of Water Treatment Plants and Water Distribution Systems
333-061-0225; 0228; 0230; 0232 General Requirements Applying to Water Systems; Certification Requirements for Small Water System; Contracting For Services Operators; and General Requirements Applying to Water System Operators
333-061-0235 Operator Requirements Levels 1-4
333-061-0245; 0250 Applications for Certification Levels 1-4; and Examinations Levels 1-4
333-061-0260 Certification Renewals Levels 1-4
333-061-0265 Certification Fees
333-061-0270; 0272 Refusal, Suspension, or Revocation of Certification; Suspension of Certification; and Penalties
A complete set of Operator Certification OARs

Visit the Operator Certification site for more information.

OARs for Domestic Well Testing for Real Estate Transactions

Amended in 2009, ORS 448.271 requires property owners, when selling Oregon real estate that includes a domestic well, to test the water for arsenic, nitrate and total coliform bacteria. Domestic wells are those used for drinking and other household purposes. Test results must be reported within 90 days to the real estate buyer and DWS after the seller receives the test results. Rules are downloadable as PDFs below. Get more information about domestic well testing for real estate transactions.

333-061-0305; 0310; 0324; 0325; 0330; 0335 Purpose; Scope; Area of Public Health Concern; Domestic Well Tests; Accredited Laboratories; and Sample Collection
Visit the Domestic Well Testing and Real Estate Transactions page for more information.