Chapter 559
AN ACT
HB 3469
Relating to water quality; amending ORS 448.135.
Be It Enacted by the People of
the State of
SECTION 1. ORS 448.135 is amended to read:
448.135. (1) The
Department of Human Services may grant variances from standards if:
[(1)] (a) There is no unreasonable risk to health;
[(2)] (b) The water supplier has provided sufficient evidence
to confirm that the best available treatment techniques are unable to treat the
water in question so that it meets maximum contaminant levels;
[(3)] (c) The water supplier agrees to notify the customers
of the water supplier at appropriate intervals, as determined by the
department, why the water system is, or remains, out of compliance with
standards;
[(4)] (d) The water supplier agrees to adhere to a compliance
schedule, if the department prescribes one, which outlines how the water
supplier intends to achieve compliance with standards. If a schedule is
prescribed, it must be reviewed and evaluated every three years; and
[(5)] (e) The department has
announced its intention to grant a variance and has either:
[(a)] (A) Held a public hearing in
the affected area prior to granting the variance; or
[(b)] (B) Served notice of intent to grant the variance
either personally, or by registered or certified mail to all customers
connected to the water system, or by publication in a
newspaper in general circulation in the area. If no hearing is requested within
10 days of the date that notice is given, the department may grant the
variance.
(2) The Department of
Human Services may grant variances from standards requiring the use of a
specified water treatment technique if the department:
(a) Determines that the
use of a specified water treatment technique is not necessary to protect the
public health based on the nature of the raw water source for a public water
system;
(b) Has conditioned the
variance as required by the federal Safe Drinking Water Act, 42 U.S.C. 300g-4;
(c) Has announced its
intent to grant a variance and has either:
(A) Held a public
hearing in the area prior to granting the variance; or
(B) Served notice of
intent to grant the variance either personally, or by registered or certified
mail to all customers connected to the water system,
or by publication in a newspaper in general circulation in the area. If no
hearing is requested within 10 days of the date that notice is given, the
department may grant the variance; and
(d) Promptly notifies
the administrator of the United States Environmental Protection Agency of any
variance granted, as required by the federal Safe Drinking Water Act, 42 U.S.C.
300g-4.
Approved by the Governor June 22, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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