Drinking Water Rules

Rules and Rulemakings

On this page:

• Proposed Rulemaking & Temporary Rules
• Reducing Lead in School Drinking Water
• Permanent Rules for Cyanotoxin Monitoring at Public Water Systems (proposed)
• Temporary Rules for Cyanotoxin Monitoring at Public Water Systems (effective until December 27, 2018)
• Oregon Revised Statute (ORS) Drinking Water Quality Act of 1981
• Current Oregon Administrative Rules (OARs) for: 
• Public Water Systems
• Cross Connection and Backflow Prevention
• Water System Operator Certification
• Domestic Well Testing and Real Estate Transactions

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Reducing Lead in School Drinking Water

The Oregon Health Authority, Public Health Division is proposing to permanently adopt Oregon Administrative Rule 333-061-0400 for testing school drinking water taps for lead and removing, repairing or replacing the taps if necessary to deliver safe drinking water.

Specific amendments and proposed rule language are identified in the document available below:

Notice of Proposed Rulemaking Hearing, Statement of Need and Fiscal Impact, and the full text of the proposed rule

Frequently Asked Questions

Proposed Rule Text - formatted to be easier to read

For additional information about lead in school drinking water please visit the Healthy School Facilities page.

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 October 26, 2018 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 at the following public hearing:
• Portland State Office Building, 800 NE Oregon St, Room, Portland, OR 97232 in Room 1E on October 24 at 1:00 p.m.

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

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Permanent Rules for Cyanotoxin Monitoring at Public Water Systems

The Oregon Health Authority, Public Health Division is proposing to permanently adopt Oregon Administrative Rules OAR 333-061-0510 through 333-061-0580 to require monitoring for cyanotoxins and cyanotoxin-producing genes at public water systems where drinking water is derived from surface water sources. Water suppliers would also be required to issue public notification if concentrations of cyanotoxins exceed advisory levels. These permanent administrative rules will replace temporary administrative rules adopted for cyanotoxin monitoring and testing that were effective July 1, 2018 through December 27, 2018.

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

 Notice of Proposed Rulemaking Hearing, Statement of Need and Fiscal Impact, and the full text of the proposed rule
 Proposed Rule Text - formatted to be easier to read
 List of Susceptible and Potentiall Suceptible Sources and Public Water Systems
 Key Differences Between Proposed Permanent Rule and Temporary Rules

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, 2018 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 at the following public hearing:
• Portland State Office Building, 800 NE Oregon St, Room 1C; Portland, OR 97232 November 27 at 2:00 p.m.

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

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Temporary Rules for Cyanotoxin Monitoring at Public Drinking Water Systems

Effective from July 1, 2018 through December 27, 2018

Oregon Health Authority has developed temporary rules that will require drinking water systems in the state using certain surface water sources, such as those prone to harmful algae blooms, to routinely test for cyanotoxins that these blooms produce, and notify the public about the test results.

These rules are effective July 1, 2018 and will remain in effect until permanent rules can be established later this year following a thorough, public rulemaking process.

In the meantime, OHA is encouraging water systems that serve surface water that has had algae issues in the past to voluntarily test for cyanotoxins and notify the public about the results.

In the coming weeks and months, OHA will post updates on this page to inform the public about the rulemaking process, including meeting notices for the rulemaking process, draft of rules and ways to make public comment. For more information, contact Drinking Water Services.

Notice to Interested Parties
Temporary Administrative Order
OAR 333-061-0510 through 0580

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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.

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Current Oregon Administrative Rules (OARs) for Public Water Systems

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):

• Purpose; Scope; and Adoption by Reference (333-061-0005; 0010; 0015)
• Definitions (333-061-0020)
• Responsibilities of Water Suppliers (333-061-0025)
• Maximum Contaminant Levels and Action Levels; and Maximum Residual Disinfectant Levels (333-061-0030; 0031)
• Treatment Requirements and Performance Standards for Surface Water, Groundwater Under Direct Influence of Surface Water, and Groundwater (333-061-0032)
• Treatment Requirements and Performance Standards for Corrosion Control (333-061-0034)
• Sampling and Analytical Requirements (333-061-0036)
• Reporting and Record Keeping (333-061-0040)
• Public Notice (333-061-0042)
• Consumer Confidence Reports (333-061-0043)
• Variances and Permits (333-061-0045; 0046)
• Construction Standards and Waivers from Construction Standards (333-061-0050; 0055)
• Voluntary Drinking Water Protection Program (333-061-0057)
• Plan Submission and Review Requirements (333-061-0060)
• Capacity Requirements for Public Water Systems & Land Use Coordination(333-061-0061; 0062)
• Environmental Review Process for the Safe Drinking Water Revolving Loan Fund Program (333-061-0063)
• Emergency Response Plan Requirements (333-061-0064)
• Operation and Maintenance (333-061-0065)
• Cross Connection and Backflow Prevention (333-061-0070; 0071; 0072; 0073; 0074) - see below
• Sanitary Surveys of Watersheds and Sanitary Surveys of Public Water Systems & Composite Correction Program Comprehensive Performance Evaluations (333-061-0075; 0076; 0077)
• Coliform Investigations (333-061-0078)
• Role of Counties; Supplemental Fluoridation; Product Acceptability Criteria and Severability (333-061-0080; 0085; 0087; 0090; 0095)
• Adverse Health Effects Language & References (333-061-0097; 0098)

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OARs for Cross Connection and Backflow Prevention

The cross connection and backflow prevention rules serve to protect public water supplies from backflow hazards. They are provided below as PDF files.

• Cross Connection Control Requirements & Backflow Assembly Installation Standards (333-061-0070-0071)
• Backflow Assembly Tester Certification (333-061-0072)
• Cross Connection Specialist Certification (333-061-0073)
• Cross Connection Training Programs, Course, and Instructor Requirements (333-061-0074)
• Visit the Cross Connection & Backflow Prevention site for more information.

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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.

• Operator Certification Scope; and Classification of Water Treatment Plants and Water Distribution Systems (333-061-0210; 0220)
• General Requirements Applying to Water Systems; Certification Requirements for Small Water System; Contracting For Services Operators; and General Requirements Applying to Water System Operators (333-061-0225; 0228; 0230; 0232)
• Operator Requirements Levels 1-4 (333-061-0235)
• Applications for Certification Levels 1-4 & Examinations Levels 1-4 (333-061-0245; 0250)
• Certificate Renewal Levels 1-4 (333-061-0260)
• Fees (333-061-0265)
• Refusal, Suspension, or Revocation of Certification; Suspension of Certification; and Penalties (333-061-0270; 0272)
• Visit the Operator Certification site for more information.

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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.

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