71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2239
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for Department of Human Services)
CHAPTER ................
AN ACT
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:
Enrolled House Bill 2239 (HB 2239-A) Page 1
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. + }
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Passed by House May 29, 2001
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Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 19, 2001
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President of Senate
Enrolled House Bill 2239 (HB 2239-A) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
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Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2239 (HB 2239-A) Page 3