Oregon Statutes - Chapter 448 - Pool Facilities; Water and Sewage Systems

448.005 Definitions for ORS 448.005 to 448.090.
As used in ORS 448.005 to 448.090, unless the context requires otherwise: (1) �Bathhouse� means a structure that contains dressing rooms, showers and toilet facilities...
448.010 [Repealed by 1961 c.566 §2 (448.011 enacted in lieu of 448.010)]
448.011 Authority of Department of Human Services; rules.
The Department of Human Services shall make such rules pertaining to the submission of plans for construction, issuance of permits, design, construction, size, shape, purification...
448.015 Applicability of ORS 448.005 to 448.090.
ORS 448.005 to 448.090 shall not apply to those facilities described in ORS 446.435. [1983 c.781 §6]
448.020 Permit required to construct or alter pool facilities.
No person shall construct or perform a major alteration or reconstruction of a public swimming pool, public spa pool, public wading pool or bathhouse without...
448.030 Permit application; contents; issuance or denial; plan review and construction permit fees.
(1) Any person desiring to construct any public swimming pool, public spa pool, public wading pool or bathhouse shall file application for a permit to...
448.035 Annual license required to operate; fees; expiration date.
(1) No person shall operate or maintain a public swimming pool, public spa pool, public wading pool or bathhouse without a license to do so...
448.037 Variance; application; fee.
(1) A person applying for a variance shall submit a variance application accompanied by a fee of $150 to the Department of Human Services. If...
448.040 Entry on premises for inspection purposes; reports.
For the purposes of ORS 448.005 to 448.090, the Director of Human Services may at all reasonable times enter upon any part of the premises...
448.050 [Repealed by 1961 c.566 §9 (448.051 enacted in lieu of 448.050)]
448.051 Inspection of facilities; suspension or revocation of permit or license; hearings on suspension or revocation.
(1) The Director of Human Services shall inspect all public swimming pools, public spa pools, public wading pools and bathhouses to determine the sanitary conditions...
448.060 Operating pool or other facility without permit; public nuisance; abatement.
(1) No public swimming pool, public spa pool, public wading pool or bathhouse shall remain open to the public after the permit or license to...
448.070 [1961 c.566 §13; repealed by 1973 c.215 §10]
448.080 [1961 c.566 §12; repealed by 1973 c.215 §10]
448.090 Disposition of moneys.
All moneys collected under ORS 448.005 to 448.090 shall be paid into the General Fund in the State Treasury for credit to the Public Health...
448.095 Natural bathing places exempt.
No provisions of ORS 448.005 to 448.100 apply to natural bathing places. [1979 c.453 §9]
448.100 Delegation to county to administer ORS 448.005 to 448.060; standards; fees; suits involving validity of administrative rule.
(1) The Director of Human Services shall delegate to any county board of commissioners that requests any of the authority, responsibilities and functions of the...
448.110 [Repealed by 1967 c.344 §10]
448.115 Definitions for ORS 448.115 to 448.285.
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...
448.119 Application of ORS 448.119 to 448.285 and other provisions to water systems.
Before a water system is subject to regulation under ORS 448.119 to 448.285, 454.235 and 454.255, the system must have at least four service connections,...
448.120 [Repealed by 1967 c.344 §10]
448.123 Purpose.
(1) It is the purpose of ORS 448.119 to 448.285, 454.235 and 454.255 to: (a) Ensure that all Oregonians have safe drinking water. (b) Provide...
448.127 Short title.
ORS 448.119 to 448.285, 454.235 and 454.255 may be referred to as the Oregon Drinking Water Quality Act. [1981 c.749 §5; 1997 c.249 §148]
448.130 [Repealed by 1967 c.344 §10]
448.131 Water quality, construction and installation standards; rules; effect on existing facilities; fees.
(1) The Department of Human Services shall adopt water quality standards that are necessary to protect the public health through insuring safe drinking water within...
448.135 Variances; notice.
(1) The Department of Human Services may grant variances from standards if: (a) There is no unreasonable risk to health; (b) The water supplier has...
448.140 Permit for operation of water system.
A water system that does not comply with the rules and standards of the Department of Human Services shall be operated only after the water...
448.145 When permit may be issued; compliance schedule; hearing; notice.
(1) A permit shall be issued by the Department of Human Services when there are economic or other compelling factors such that the water supplier...
448.150 Duties of department; fee.
(1) The Department of Human Services shall: (a) Conduct periodic sanitary surveys of drinking water systems and sources, take water samples and inspect records to...
448.153 State Drinking Water Advisory Committee; rules.
(1) The State Drinking Water Advisory Committee is created to advise and assist the Department of Human Services on policies related to the protection, safety...
448.155 Technical assistance and training; public information.
The Department of Human Services: (1) May provide technical assistance and organize, coordinate and conduct training for water system personnel. (2) Shall conduct a program...
448.160 Emergency plans.
(1) The Department of Human Services shall maintain a plan outlining actions to be taken by the department during emergencies relating to water systems. (2)...
448.165 Local government water service plans.
(1) Counties may develop water service plans. These plans should encourage small water systems to combine management functions and to consolidate where possible. Water service...
448.170 Department agreement to authorize local government to exercise duties; suits involving validity of administrative rule.
(1) The Department of Human Services may enter into an agreement with a local governmental unit for the local governmental unit to perform the duties...
448.175 Department authority to order compliance.
Subject to ORS chapter 183, the Department of Human Services: (1) Shall require that the water suppliers give public notice of violations in the water...
448.180 Waiver of construction standards.
The Department of Human Services may grant waivers on construction standards if the department is satisfied there will be no unreasonable risk to health. [1983...
448.205 [1973 c.835 §§167,168; 1975 c.254 §1; repealed by 1981 c.749 §28]
448.210 [1973 c.835 §169; 1975 c.254 §2; repealed by 1981 c.749 §28]
448.215 [Formerly 449.215; 1975 c.254 §3; repealed by 1981 c.749 §28]
448.220 [Formerly 449.223; 1975 c.254 §4; repealed by 1981 c.749 §28]
448.222 [1975 c.254 §17; repealed by 1981 c.749 §28]
448.225 [Formerly 449.220; 1975 c.254 §5; 1979 c.696 §7; repealed by 1981 c.749 §28]
448.226 [1975 c.254 §16; 1979 c.696 §8; repealed by 1981 c.749 §28]
448.228 [1975 c.254 §17a; repealed by 1981 c.749 §28]
448.230 [Formerly 449.225; 1975 c.254 §6; repealed by 1981 c.749 §28]
448.235 [Formerly 449.235; 1975 c.254 §7; repealed by 1981 c.749 §28]
448.240 [Formerly 449.227; 1975 c.254 §8; repealed by 1981 c.749 §28]
448.245 [Formerly 449.237; 1975 c.254 §9; repealed by 1981 c.749 §28]
448.246 [1975 c.691 §2; repealed by 1981 c.749 §28]
448.248 [1975 c.691 §3; repealed by 1981 c.749 §28]
448.250 Remedy when system a health hazard; special master; sale of system.
(1) Whenever a water system or part thereof presents or threatens to present a public health hazard requiring immediate action to protect the public health,...
448.255 Notice of violation; content; hearing; order; appeal.
(1) Whenever the Director of Human Services has reasonable grounds to believe that a water system or part thereof is being operated or maintained in...
448.260 [1973 c.835 §185; 1975 c.254 §18a; repealed by 1981 c.749 §28]
448.265 Prohibited actions; nuisance abatement.
(1) It shall be unlawful for any person to do any of the following if the result would be to pollute a source of a...
448.268 Area of ground water concern; declaration.
If, as a result of its activities under ORS 448.150, the Department of Human Services confirms the presence in ground water drinking water supplies of...
448.270 [1973 c.835 §170; repealed by 1981 c.749 §28]
448.271 Transfer of property that includes well; testing; effect.
(1) In any transaction for the sale or exchange of real estate that includes a well that supplies ground water for domestic purposes, the seller...
448.273 Federal Safe Drinking Water Act administration.
The Legislative Assembly finds that an agreement between this state and the federal government to assume primary enforcement responsibility in this state for the federal...
448.275 [1973 c.835 §173; repealed by 1981 c.749 §28]
448.277 Department as administrator.
The Department of Human Services is authorized to enter into an agreement with the federal government to administer the federal Safe Drinking Water Act in...
448.278 Program for regulating cross connections and backflow assemblies; fees.
(1) The Department of Human Services shall establish a program for regulating cross connections and the backflow assemblies that are part of a water system....
448.279 Certification of inspectors of cross connections and testers of backflow assemblies; fees; rules.
(1) The Department of Human Services by rule shall establish a certification program for persons who inspect cross connections or test backflow assemblies. The program...
448.280 Civil penalties; notice.
(1) In addition to any other penalty provided by law: (a) Any person who violates any rule of the Department of Human Services relating to...
448.285 Penalty schedule; factors to be considered in imposing penalty; rules.
(1) The Director of Human Services shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for...
448.290 Process for imposing civil penalty.
(1) Civil penalties under ORS 448.285 shall be imposed as provided in ORS 183.745. (2) All amounts recovered under this section shall be paid into...
448.295 Jurisdiction of cities over property used for system or sources.
Subject to the authority of the Department of Human Services, for the purpose of protecting from pollution their domestic water supply sources, cities shall have...
448.300 City ordinance authority.
Cities may prescribe by ordinance what acts constitute offenses against the purity of the water supply and the punishment or penalties therefor and may enforce...
448.305 Special ordinance authority of certain cities.
(1) Subject to subsection (2) of this section, by ordinance a city may prohibit or restrict access for purposes of fishing, hunting, camping, hiking, picnicking,...
448.310 Investigation of complaints.
The officer in charge of the domestic water supply source or the community water supply system serving the city shall investigate complaints made concerning purity...
448.315 Special police to enforce ORS 448.295.
The mayor or authorities having control of the community water supply system supplying the city may appoint special police officers who: (1) After taking oath,...
448.320 Jurisdiction over violations of city ordinances.
The municipal court of any city passing an ordinance under authority of ORS 448.300 or 448.305 and the justice court and circuit court of the...
448.325 Injunction to enforce city ordinances.
In cases of violation of any ordinance adopted under ORS 448.300 or 448.305 any city or any corporation owning a domestic water supply source or...
448.330 Moratorium of pipe and fittings for potable water supply; acceptability criteria; exceptions; rules.
(1) The Director of Human Services may prohibit the sale of water pipe used to carry potable water and solders, fillers or brazing material used...
448.405 Definitions for ORS 448.405 to 448.465.
As used in ORS 448.405 to 448.465: (1) �Commission� means the Environmental Quality Commission. (2) �Department� means the Department of Environmental Quality. (3) �Director� means...
448.407 Advisory committee to commission and Department of Human Services.
To aid and advise the Environmental Quality Commission and Department of Human Services in the adoption of rules under ORS 448.410 and 448.450, the Director...
448.409 Biennial report.
On or before January 1 of each odd-numbered year, the Department of Environmental Quality and the Department of Human Services shall develop and submit a...
448.410 Authority and duties of Environmental Quality Commission; rules; fees.
(1) The Environmental Quality Commission shall: (a) Adopt rules necessary to carry out the provisions of ORS 448.410 to 448.430 and 448.992. (b) Classify all...
448.415 Certification required for operators.
(1) Except as provided in ORS 448.430, any sewage treatment works, whether publicly or privately owned, used or intended for use by the public or...
448.420 Special certification provisions.
On and after September 27, 1987, an operator holding a current Oregon sewage treatment certification issued under a voluntary certification program shall be considered certified...
448.425 Deposit and use of fees.
Any fees collected pursuant to the schedule adopted under ORS 448.410 shall be deposited in the General Fund of the State Treasury to the credit...
448.430 Certification exception.
The requirements of ORS 448.415 shall not apply to: (1) Any sewage treatment works with an approved design flow of less than 75,000 gallons a...
448.450 Authority and duties of Department of Human Services; rules; fees.
(1) The Department of Human Services shall: (a) Adopt rules necessary to carry out the provisions of ORS 448.450 to 448.465, 448.992 and 448.994. (b)...
448.455 Certification required for operators.
(1) Any potable water treatment plant or water distribution system whether publicly or privately owned, used or intended for use by the public or private...
448.460 Special certification provisions.
On and after September 27, 1987, an operator holding a current Oregon water treatment certification issued under a voluntary certification program shall be considered certified...
448.465 Deposit of fees.
Any fees collected pursuant to the schedule adopted under ORS 448.450 shall be deposited in the General Fund of the State Treasury to the credit...
448.470 [1987 c.635 §14; 1989 c.1091 §1; repealed by 2001 c.723 §3]
448.990 Penalties for violation of pool facility or water system requirements.
(1) Violation of ORS 448.005 to 448.090 by any person, firm or corporation, whether acting as principal or agent, employer or employee, is punishable, upon...
448.992 Sewage treatment works violation penalties.
(1) Except as provided in subsection (2) of this section, any person who knowingly and willfully violates ORS 448.415 (2) shall upon conviction be punished...
448.994 Potable water treatment plant violation penalty.
(1) Except as provided in subsection (2) of this section, any person who knowingly and willfully violates ORS 448.455 (2) shall upon conviction be punished...

Last modified: August 7, 2008