Proposed permanent rule amendments for arsenic treatment monitoring, lead service lines and miscellaneous clarifications
The Oregon Health Authority, Public Health Division (OHA) is proposing to permanently amend Oregon Administrative Rules 333-061-0034, 333-061-0036, 333-061-0040, 333-061-0050, 333-061-0060, 333-061-0070, 333-061-0071, 333-061-0072, 333-061-0073, 333-061-0074, 333-061-0087, 333-061-0098, 333-061-0220, 333-061-0540, 333-061-0550 and 333-061-0560 to specify monitoring frequency when treatment for arsenic contamination is used, add lead service line inventory requirements, update requirements for backflow and cross connection protection, and clarify or improve other rule text.
Specific amendments and proposed rule language are identified in
The Notice of Proposed Rulemaking, The Statement of Need and Fiscal Impact and full text of the proposed rule.
Summary of Key Rule Elements
The following rules were amended as indicated below:
OAR 333-061-0034: Clarify that corrosion control studies must be approved by the Authority prior to treatment installation.
OAR 333-061-0036: Specify increased monitoring when treatment to remove arsenic is approved by the Authority; include lead service line inventory and replacement plan requirements, specify the 95% standard for properly treated water must be met within the calendar month when ultraviolet light (UV) is used to treat surface water; and identify monitoring parameters when UV treatment is used for 4-log disinfection of groundwater.
OAR 333-061-0040: Clarify record keeping requirements when UV treatment is used for 4-log disinfection of groundwater.
OAR 333-061-0050: Specify that piping which bypasses water treatment must have a physical gap to prevent untreated water from being delivered to users, clarify rule text for disinfection after repair of water pipes and clarify that review of standards is required when a system changes classification from Oregon very small water systems to a community public water system.
OAR 333-061-0060: Clarify fees for plan review and approval and specify that corrosion control studies must be approved by the Authority prior to treatment installation.
OAR 333-061-0070: Improve language according to recommendations from the Oregon Cross Connection Advisory Board.
OAR 333-061-0071: Improve organization.
OAR 333-061-0072: Improve language according to recommendations from the Oregon Cross Connection Advisory Board.
OAR 333-061-0073: Improve organization.
OAR 333-061-0074: Improve language according to recommendations from the Oregon Cross Connection Advisory Board.
OAR 333-061-0087: Clarify NSF applicability.
OAR 333-061-0098: Include documents cited within OAR 333-061-0060 and OAR 333-061-0072.
OAR 333-061-0220: Clarify water treatment plant rating when on-site generated chlorine is used.
OAR 333-061-0540: Clarify microcystins levels triggering additional monitoring.
OAR 333-061-0550: Identify additional laboratory methods acceptable for cyanotoxin sample analysis.
OAR 333-061-0560: Identify a level for microcystins reporting and clarify rule text.
Public Hearing and 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, 2022, to
OHA, Public Health Division
Brittany Hall, Administrative Rules Coordinator
800 NE Oregon Street, Suite 930
Portland, OR 97232
By email to
email@example.com or by facsimile to (971) 673-1299.
- You can present oral testimony by video or teleconference during a public hearing on November 17, 2022, at 2:00 p.m.
- To provide oral testimony during this hearing, please contact
firstname.lastname@example.org to sign up and receive the link for the Microsoft Teams video conference. Alternatively, you may dial 971-277- 2343, phone conference ID 229 228 136# for audio only.
If you have any questions or would like to request a paper copy of these documents, please contact OHA at 971-673-0405.
Oregon Revised Statute (ORS) Oregon Drinking Water Quality Act
Enacted in 1981, the statute (periodically amended) includes Oregon Revised Statute (ORS) 448.119 to 448.285; 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 1, 2022.
A complete set of the drinking water rules is in Chapter 333, Division 061.
Quick links to specific rules are provided below: