72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1020
 
                           A-Engrossed
 
                         Senate Bill 343
                 Ordered by the Senate April 14
           Including Senate Amendments dated April 14
 
Sponsored by Senators METSGER, WINTERS
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Transfers authority for certifying persons who inspect
water system cross connections and test backflow prevention
device assemblies from Department of Human Services to Department
of Consumer and Business Services. - }
   { +  Defines water system and community water system. Requires
Director of Human Services to establish program regulating
installation, maintenance and repair of cross connections and
backflow prevention devices. Sets maximum fees for cross
connection and backflow prevention program.
  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
Relating to water systems; creating new provisions; amending ORS
  448.115; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 448.115 is amended to read:
  448.115. As used in ORS 448.115 to 448.285, 454.235 and 454.255
unless the context requires otherwise:
  (1) 'Connection' means the connection between a water system
and a customer that enables the customer to receive potable water
from the system.
  (2) 'Construction standards' means criteria for constructing or
installing water system facilities.
  (3) 'Department' means the Department of Human Services.
  (4) 'Director' means the Director of Human Services.
  (5) 'Emergency' means a condition resulting from an unusual
calamity such as a flood, an earthquake or an accidental spill of
hazardous material that can endanger the quality of the water
produced by a water system.
  (6) 'Operational requirements' means requirements that
prescribe the manner in which water systems must be operated.
  (7) 'Permit' means a document issued to a water system that
authorizes it to commence or continue to operate in the State of
Oregon and lists the conditions the system must meet to continue
operating.
  (8) 'Safe drinking water' means water that is sufficiently free
from biological, chemical, radiological or physical impurities
 
such that individuals will not be exposed to disease or harmful
physiological effects.
  (9) 'Sanitary survey' means an on-site review of the source,
facilities, equipment, operation and maintenance of a water
system, including related land uses, for the purpose of
evaluating the capability of that water system to produce and
distribute safe drinking water.
  (10) 'Special master' means the person appointed by the court
to administrate the water system.
  (11) 'Variance' means permission from the agency for a water
system to provide water that does not meet water quality
standards.
  (12) 'Water supplier' means any person, group of persons,
municipality, district, corporation or entity that owns or
operates a water system.
  (13) 'Water system' means a system for the provision of water
for human consumption through pipes or other constructed
conveyances  { + that begins at the water source and ends at the
customer's property line or the outlet of the customer's water
utility meter + }.
  (14) 'Waterborne disease' means disease caused by chemical,
physical, radiological or biological agents epidemiologically
associated with infection, illness or disability that is
transported to human beings by water that has been ingested or
through contact as in bathing or other domestic uses.
  SECTION 2.  { + Section 3 of this 2003 Act is added to and made
a part of ORS 448.115 to 448.285. + }
  SECTION 3. { +  (1) As used in this section, 'community water
system' means a public water system that has 15 or more service
connections used by year-round residents or that serves 25 or
more year-round residents regardless of the number of service
connections.
  (2) The Director of Human Services shall establish a program
for regulating the installation, maintenance and repair of cross
connections and backflow prevention devices that are part of a
water system. The program may include the licensing of service
personnel for specific activities as determined by the director.
  (3) The director may annually assess a fee against community
water systems for the purpose of implementing the cross
connection and backflow prevention program under subsection (2)
of this section. The fee may not exceed:
  (a) $30 for a community water system that has 1 to 99 service
connections;
  (b) $75 for a community water system that has 100 to 999
service connections;
  (c) $200 for a community water system that has 1,000 to 9,999
service connections; or
  (d) $350 for a community water system that has 10,000 or more
service connections. + }
  SECTION 4.  { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect on its
passage. + }
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