Or. Admin. R. 333-061-0010

Current through Register Vol. 63, No. 6, June 1, 2024

Section 333-061-0010 - Scope and Applicability

(1) These rules apply to all public water systems providing piped water for human consumption as defined by the Act.

(2) These rules also apply to all public water systems providing water for human consumption through constructed conveyances other than pipes to at least 15 service connections or that regularly serves at least 25 individuals daily at least 60 days of the year. A water system which meets any of the following "service connection" exclusion criteria and thereby reduces the number of service connections to fewer than 15 and serving fewer than 25 individuals is not a public water system:

(a) Water provided by the supplier to the connection is not used for human consumption;

(b) Alternative water (that is, bottled water, hauled water, or some other source) meeting State and Federal water quality standards, as prescribed in OAR 333-061-0030 or 21CFR 165, is provided by the supplier to the connection for drinking and cooking;

(c) Treated water meeting State standards, as prescribed in OAR 333-061-0030, applied centrally or at point-of-entry is provided by the supplier, pass-through entity or user to the connection for drinking, cooking and personal hygiene.

(3) These rules do not apply to:

(a) A public water system that:

(A) Consists only of distribution and storage facilities and does not have any source or treatment facilities installed to comply with the MCLs covered by these rules; and

(B) Obtains all of its water from, but is not owned or operated by, a public water system to which these rules apply; and

(C) Does not sell water directly to any person; and

(D) Is not a carrier which conveys passengers in interstate commerce.

(b) An irrigation district in existence prior to May 18, 1994, that provides primarily agricultural service through a piped water system to at least 15 service connections or serving at least 25 individuals daily at least 60 days of the year with only incidental residential or similar use, and where all of the connections comply with the alternative or treated water exclusions prescribed in subsections (2)(b) or (c) of this rule.

(c) A public water system that distributes water through submeters, where submeter means a water meter by which a property owner (or association of property owners) meters individual water use after the water passes through a master meter, if that water system:

(A) Receives all of its water from, but is not owned by, another public water system; and

(B) Consists only of distribution and storage facilities and where all such facilities and all submeters are located on a single parcel of property, and the water system does not have any source or treatment facilities installed to comply with the MCLs covered by these rules.

(C) For the purposes of this rule, submetering does not constitute applying a direct charge for water or directly selling water to a person.

(4) For the purpose of determining water system classification, service connection includes any piping connection that provides a residence or a public or commercial premises water from a water system.

(5) At community water systems, the portion of the service connection that conveys water from the distribution main to the user's property line, or to the service meter, where provided, is under the jurisdiction of the water supplier.

Or. Admin. R. 333-061-0010

HD 106, f. & ef. 2-6-76; HD 17-1981(Temp), f. & ef. 8-28-81; Reverted to HD 106, f. & ef. 2-6-76; HD 4-1982, f. & ef. 2-26-82; Renumbered from 333-042-0201, HD 2-1983, f. & ef. 2-23-83; HD 20-1983, f. 10-20-83, ef. 11-1-83; HD 9-1989, f. & cert. ef. 11-13-89; OHD 3-2000, f. 3-8-00, cert. ef. 3-15-00; PH 33-2004, f. & cert. ef. 10-21-04; PH 7-2010, f. & cert. ef. 4-19-10; PH 2-2018, amend filed 01/10/2018, effective 1/10/2018; PH 94-2021, amend filed 12/29/2021, effective 1/1/2022

Statutory/Other Authority: ORS 448.131

Statutes/Other Implemented: ORS 448.131