ORS 448.150¹
Duties of authority
  • fees
  • rules

(1) The Oregon Health Authority shall:

(a) Conduct periodic sanitary surveys of drinking water systems and sources, take water samples and inspect records to ensure that the systems are not creating an unreasonable risk to health. The authority shall provide written reports of the examinations to water suppliers and to local public health administrators, as defined in ORS 431.003 (Definitions).

(b) Require regular water sampling by water suppliers to determine compliance with water quality standards established by the authority. These samples shall be analyzed in a laboratory approved by the authority. The results of the laboratory analysis of a sample shall be reported to the authority by the water supplier, unless direct laboratory reporting is authorized by the water supplier. The laboratory performing the analysis shall report the validated results of the analysis directly to the authority and to the water supplier if the analysis shows that a sample contains contaminant levels in excess of any maximum contaminant level specified in the water quality standards.

(c) Investigate any water system that fails to meet the water quality standards established by the authority.

(d) Require every water supplier that provides drinking water that is from a surface water source to conduct sanitary surveys of the watershed as may be considered necessary by the authority for the protection of public health. The water supplier shall make written reports of such sanitary surveys of watersheds promptly to the authority and to the local health department.

(e) Investigate reports of waterborne disease pursuant to ORS 431.001 (Findings) to 431.550 (Power of Oregon Health Authority to collect information from local public health administrators) and 431.990 (Penalties) and take necessary actions as provided for in ORS 446.310 (Definitions for ORS 446.310 to 446.350), 448.030 (Plan approval application), 448.115 (Definitions for ORS 448.115 to 448.285) to 448.285 (Penalty schedule), 454.235 (Election), 454.255 (Plans and cost estimates) and 455.680 (Plan approval and permits for recreation or picnic park or camp) to protect the public health and safety.

(f) Notify the Department of Environmental Quality of a potential ground water management area if, as a result of its water sampling under paragraphs (a) to (e) of this subsection, the authority detects the presence in ground water of:

(A) Nitrate contaminants at levels greater than 70 percent of the levels established pursuant to ORS 468B.165 (Ground water contaminants); or

(B) Any other contaminants at levels greater than 50 percent of the levels established pursuant to ORS 468B.165 (Ground water contaminants).

(2) The notification required under subsection (1)(f) of this section shall identify the substances detected in the ground water and all ground water aquifers that may be affected.

(3)(a) The authority by rule may adopt a schedule of fees to be assessed on water suppliers to partially defray the costs of the authority related to performance of the duties prescribed by this section and ORS 448.155 (Technical assistance and training) (1), 448.175 (Power of Oregon Health Authority to order compliance) (1) and 448.255 (Notice of violation). The fee schedule shall be graduated based on the size and type of the water system owned or operated by a water supplier.

(b) Not more than once each calendar year, the authority may increase the fees established by rule under this subsection. The amount of the annual increase may not exceed the anticipated increase in the costs of the authority related to performance of the duties prescribed by this section and ORS 448.155 (Technical assistance and training) (1), 448.175 (Power of Oregon Health Authority to order compliance) (1) and 448.255 (Notice of violation) or three percent, whichever is lower. [1981 c.749 §10; 1989 c.833 §51; 1989 c.946 §1; 1997 c.249 §149; 2005 c.696 §1; 2007 c.447 §1; 2009 c.595 §844; 2015 c.736 §94; 2019 c.509 §1]

1 Legislative Counsel Committee, CHAPTER 448—Pool Facilities; Water and Sewage Systems, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors448.­html (2019) (last ac­cessed May 16, 2020).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information