Chapter 723 Oregon Laws 2001

AN ACT

HB 2239

Relating to small public water systems; amending ORS 448.450 and 448.455; repealing ORS 448.470; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 448.450 is amended to read:

448.450. (1) The Health Division shall:

(a) Adopt rules necessary to carry out the provisions of ORS 448.450 to 448.470, 448.992 and 448.994.

(b) Classify all potable water treatment plants and water distribution systems actually used or intended for use by the public. In classifying the potable water treatment plants and water distribution systems, the division shall take into consideration size and type, character of water to be treated and other physical conditions affecting the treatment plants and distribution systems and the skill, knowledge and experience required of an operator.

(c) Certify persons qualified to supervise the operation of a potable water treatment plant or a water distribution system.

(d) Subject to the prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fee, establish a schedule of fees for certification under paragraph (c) of this subsection. The fees established under the schedule shall be sufficient to pay the cost of the division in carrying out the provisions of ORS 448.450 to 448.470, 448.992 and 448.994 and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board.

[(2) The division may grant a variance from the requirements of ORS 448.455 according to criteria established by rule by the division.]

(2) Notwithstanding the authority of the division to establish fees for certification under subsection (1)(d) of this section, the division will not establish fees for certification of operators of water systems serving ground water to fewer than 150 service connections.

(3) In adopting rules under this section, the division shall consult with the Department of Environmental Quality in order to coordinate rules adopted under this section with rules adopted by the Environmental Quality Commission under ORS 448.410.

SECTION 2. ORS 448.455 is amended to read:

448.455. (1) [Except as provided in ORS 448.470,] Any potable water treatment plant or water distribution system whether publicly or privately owned, used or intended for use by the public or private persons must be supervised by an operator certified pursuant to ORS 448.450. The operator’s certification must correspond to the classification of the water treatment plant or distribution system supervised by the operator.

(2) [Except as provided in ORS 448.470,] A person may not:

(a) Allow any potable water treatment plant or water distribution system to be operated unless the operator is certified or the potable water treatment plant or water distribution system is supervised by an operator certified under the provisions of ORS 448.450 to 448.470, 448.992 and 448.994.

(b) Perform the duties of an operator unless the person is certified under the provisions of ORS 448.450 to 448.470, 448.992 and 448.994.

SECTION 3. ORS 448.470 is repealed.

SECTION 4. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on its passage.

Approved by the Governor July 2, 2001

Filed in the office of Secretary of State July 2, 2001

Effective date July 2, 2001

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