Chapter 653 Oregon Laws 1999

Session Law

AN ACT

HB 2176

Relating to Oregon Drinking Water Quality Act; amending ORS 448.115, 448.280, 448.285 and 448.405.

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 which enables the customer to receive potable water from the system.

(2) "Construction standards" means criteria for constructing or installing water system facilities.

(3) "Emergency" means a condition resulting from an unusual calamity such as a flood, an earthquake or an accidental spill of hazardous material which can endanger the quality of the water produced by a water system.

(4) "Operational requirements" means requirements which prescribe the manner in which water systems must be operated.

(5) "Permit" means a document issued to a water system which authorizes it to commence or continue to operate in the State of Oregon and lists the conditions the system must meet to continue operating.

(6) "Safe drinking water" means water which is sufficiently free from biological, chemical, radiological or physical impurities such that individuals will not be exposed to disease or harmful physiological effects.

(7) "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.

(8) "Special master" means the person appointed by the court to administrate the water system.

(9) "Variance" means permission from the agency for a water system to provide water which does not meet water quality standards.

(10) "Water supplier" means any person, group of persons, municipality, district, corporation or entity which owns or operates a water system.

(11) "Water system" means a system for the provision of [piped water for human consumption] water for human consumption through pipes or other constructed conveyances.

(12) "Waterborne disease" means disease caused by chemical, physical, radiological or biological agents epidemiologically associated with infection, illness or disability which is transported to human beings by water which has been ingested or through contact as in bathing or other domestic uses.

SECTION 2. ORS 448.280 is amended to read:

448.280. (1) In addition to any other penalty provided by law, any person who violates any rule of the division relating to the construction, operation or maintenance of a water system or part thereof shall incur a civil penalty not to exceed $500 for each day of violation, except that a violation at any water system that serves more than 10,000 people shall be subject to a civil penalty not to exceed $1,000 for each day of violation.

(2) No civil penalty prescribed under subsection (1) of this section shall be imposed until the person incurring the penalty has received five days' advance notice in writing from the division or unless the person incurring the penalty shall otherwise have received actual notice of the violation not less than five days prior to the violation for which a penalty is imposed.

SECTION 3. ORS 448.285 is amended to read:

448.285. (1) The assistant director of the division shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation. No civil penalty shall exceed $500 per day, except that a violation at any water system that serves more than 10,000 people shall be subject to a civil penalty not to exceed $1,000 for each day of violation.

(2) The assistant director may impose the penalty without hearing but only after the notice required by ORS 448.280 (2). In imposing a penalty pursuant to the schedule or schedules adopted pursuant to this section, the assistant director shall consider the following factors:

(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(b) Any prior violations of statutes, rules, orders and permits pertaining to the water system.

(c) The economic and financial conditions of the person incurring the penalty.

(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the division considers proper and consistent with the public health and safety.

SECTION 4. ORS 448.405 is amended to read:

448.405. As used in ORS 448.405 to 448.470:

(1) "Commission" means the Environmental Quality Commission.

(2) "Department" means the Department of Environmental Quality.

(3) "Director" means the Director of the Department of Environmental Quality.

(4) "Division" means the Health Division of the Department of Human Resources.

(5) "Operator" means a person responsible for the operation of a potable water treatment plant, water distribution system or sewage treatment works.

(6) "Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality or any other political subdivision of this state, any interstate body or any other legal entity.

(7) "Potable water treatment plant" means that portion of a water system that in some way alters the physical, chemical or bacteriological quality of the water being treated.

(8) "Sewage treatment works" means any structure, equipment or process required to collect, carry away and treat domestic waste and dispose of sewage as defined in ORS 454.010.

(9) "Supervise" means to operate or to be responsible for directing employees that are responsible for the operation of a water system.

(10) "Water distribution system" means that portion of the water system in which water is stored and conveyed from the potable water treatment plant or other supply point to the premises of a consumer.

(11) "Water system" [includes sewage treatment works or] means potable water treatment plants and water distribution systems:

(a) That have 15 or more service connections used by year-round residents or that regularly serve 25 or more year-round residents; or

(b) That regularly serve at least 25 of the same persons for more than six months per year.

Approved by the Governor July 13, 1999

Filed in the office of Secretary of State July 13, 1999

Effective date October 23, 1999

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