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Oregon Bulletin

October 1, 2012

Oregon Health Authority, Public Health Division, Chapter 333

Rule Caption: Adopts the 2009 Food and Drug Administration Food Code by reference with additions and amendments.

Adm. Order No.: PH 12-2012

Filed with Sec. of State: 8-30-2012

Certified to be Effective: 9-4-12

Notice Publication Date: 5-1-2012

Rules Amended: 333-012-0050, 333-012-0053, 333-012-0055, 333-012-0057, 333-012-0060, 333-012-0061, 333-012-0063, 333-012-0065, 333-012-0067, 333-012-0070, 333-150-0000, 333-157-0000, 333-157-0010, 333-157-0020, 333-157-0030, 333-157-0040, 333-157-0045, 333-157-0070, 333-157-0077, 333-157-0080, 333-158-0000, 333-162-0020, 333-162-0880, 333-162-0890, 333-162-0910, 333-162-0920, 333-162-0950, 333-162-1005, 333-170-0010, 333-170-0110, 333-170-0130, 333-175-0051, 333-175-0091

Subject: The Oregon Health Authority, Public Health Division is permanently adopting the 2009 US Public Health Service FDA Food Code by reference with additions and amendments. The Food Sanitation Rules are currently based upon the 1999 FDA Food Code and the food safety standards are being updated to the most current version. The 2009 FDA Food Code is the most current, science-based national standards for food safety. These permanent rule amendments also change the restaurant scoring system. Scores will be based on violations that have a direct connection to foodborne illness rather than all violations, such as those that relate to general facility cleanliness and sanitation.

Rules Coordinator: Brittany Sande—(971) 673-1291

333-012-0050

General Rules Applicable to All Programs

(1) The purpose of these rules is to establish standards under which local public health authorities shall provide environmental health services to establishments and facilities licensed under ORS chapters 446, 448 and 624.

(2) Definitions:

(a) “Administrative Costs” means those costs that are over the direct costs of providing delegated program services. These include actual departmental, agency or central government charges such as, but not limited to, accounting, purchasing, human resources, data management, legal council and central mail functions;

(b) “Administrator” means the assistant director for the Public Health Division of the Authority or an authorized representative;

(c) “Authority” means the Oregon Health Authority.

(d) “Complete Inspection” means the evaluation of a licensed establishment or facility conducted at the election of the local public health authority for compliance with all applicable regulations;

(e) “Consultation Services Remittance” means the biennial assessment of the Authority for consultation services and maintenance of the Foodborne Illness Prevention, Public Swimming Pool and Tourist Facility Programs;

(f) “Direct Costs” mean those costs for salaries and benefits of field and support staff and their associated costs including, but not limited to, rent, vehicles and travel, equipment, data management, training, phone, office supplies and the pro-rated portion of direct costs relating to supervision;

(g) “Fiscal Audit” means a comprehensive audit using standard audit procedures of the financial records of the local public health authority related to licenses and fees;

(h) “Local Public Health Authority” means county governments or health districts established under ORS 431.414 that are responsible for management of local public health services;

(i) “Recheck Inspection” means an inspection to determine whether specified corrections have been made or alternative procedures maintained for violations identified in previous inspections. In food service establishments, a recheck inspection also means an inspection to determine whether specific corrections have been maintained for violations creating a significantly increased risk for foodborne illness. Recheck inspections may be conducted either on pre-announced dates or unannounced.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: HD 105, f. & ef. 2-5-76; HD 1-1979, f. & ef. 1-18-79; HD 9-1994, f. & cert. ef. 4-1-94; HD 16-1995, f. 12-28-95, cert. ef. 1-1-96; HD 4-1996, f. & cert. ef. 9-17-96; PH 13-2004, f. & cert. ef. 4-9-04; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-012-0053

Licensing and Fees

(1) License applications and licenses issued must be on forms provided or approved by the Authority.

(2) The Local Public Health Authority must establish a single license fee per establishment or facility type. There may not be added fees based on local determination of unique features of an establishment or facility.

(3) Licensing categories must be based upon those specified in ORS 446.310, 448.035 and 624.490. The Local Public Health Authority may not create additional licensing categories.

(4)(a) Annual work hours available for a dedicated full time equivalent (FTE) for field staff in the food service program based on a 40-hour week is 1640 hours, of which 25 percent is allocated for office and administrative duties and consultation, and 75 percent is for field inspection activities;

(b) Standards for complete inspection functions, on average, including travel time, relative to facility size are as follows:

(A) 0–15 seats, 1-1/2 hours;

(B) 16–50 seats, 1-3/4 hours;

(C) 51–150 seats, 2 hours;

(D) Over 150 seats, 2-1/2 hours.

(c) An average recheck inspection rate of 40 percent with an average priority or priority foundation item recheck inspection taking 45 minutes including travel.

(5) The following standards are established to reflect the levels of effort and resources needed to carry out the delegated functions and provisions of ORS chapter 624:

(a) Workload indicators established in section (4) of this rule must be used to determine staffing levels budgeted for field inspection activities;

(b) Administrative costs must be limited to 15 percent of direct costs;

(c) A ratio of up to 0.35 FTE for clerical support and up to 0.25 FTE for supervision to field staff FTE respectively, must be observed;

(d) Charges for services and supplies may not exceed a ratio of 0.25 of personnel salary for direct program costs;

(e) In lieu of the administrative standards outlined in this rule, the Local Public Health Authority may determine staffing standards and actual costs of providing program services. The Local Public Health Authority must document and report to the Authority actual time spent and expenses incurred and may be subject to a fiscal audit as specified in OAR 333-012-0070(3).

(6) The Local Public Health Authority may:

(a) Adopt a fee schedule for facilities that require more than two recheck inspections per year;

(b) Adopt a fee schedule for seasonal temporary restaurants and intermittent temporary restaurants that require a recheck inspection;

(c) Set a fee for costs associated with conducting an operational review in accordance with guidelines established by the Authority.

(d) Set a fee for costs associated with plan review conducted under guidelines established by the Authority;

(e) Set a reinstatement fee for late license reinstatement;

(f) Recover the cost of the extra inspections required under OAR 333-157-0027, Increased Inspection Schedule, by charging a fee of up to one-half of the annual licensing fee otherwise assessable to the restaurant for each additional inspection; and

(g) Pro-rate fees for partial year operation as follows:

(A) From January 1 through September 30, a full license fee is required;

(B) From October through December 31, one-half the annual fee must be assessed.

(7) A license may be issued only after the Local Public Health Authority has received the fee and determined that the facility meets the requirements of the statutes and rules.

(8) If license fees assessed by the Local Public Health Authority are more than 20 percent above or below the fees established in ORS 624.490, the Local Public Health Authority must document and report to the Authority actual time spent and expenses incurred on program services and may be subject to a fiscal audit as specified in OAR 333-012-0070(3).

(9) All license fees collected by the Local Public Health Authority pursuant to ORS 446.425, 448.100 and 624.510 must be paid into the county treasury and placed in a special revenue fund or the general fund of the county treasury and placed to the credit of the Local Public Health Authority. Such monies must be used only for program services pursuant to ORS 446.425, 448.100 and 624.510. The Local Public Health Authority must assure on an annual basis that all fees collected are used solely for the purposes of administering the programs as described in this section.

(10) If the Local Public Health Authority requests a fiscal audit required in OAR 333-012-0070(3) be conducted by a private auditing agency, the Local Public Health Authority must pay the costs and a copy of audit report must be provided to the Authority.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: PH 13-2004, f. & cert. ef. 4-9-04; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 3-2012, f. 2-29-12, cert. ef. 3-1-12; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-012-0055

Inspection Standards

(1) All licensed establishments and facilities, except bed and breakfast facilities, travelers’ accommodations, hostels and temporary restaurants, must receive a minimum of one complete inspection for every six months of operation or fraction thereof by the Local Public Health Authority. For vending machines, the Local Public Health Authority shall evaluate at least 10 percent of each licensee’s machines during each inspection:

(a) Bed and breakfast facilities must be inspected once per year;

(b) Travelers’ accommodations and hostels must be inspected on a schedule in accordance with local public health priorities and with consideration of the following criteria:

(A) Complaints received from a guest at a particular facility;

(B) A history of rule violations;

(C) A request for inspection or consultation from a licensee;

(D) Reports of illness or accidents associated with the facility;

(E) Change of owner or operator;

(F) The facility’s method of sewage disposal, source of water and availability of local fire protection services;

(G) Length of time since the last inspection of the facility;

(H) A minimum of one inspection every two years is recommended.

(c)(A) Single-event, seasonal and intermittent temporary restaurants must receive a minimum of one inspection during operation for each license issued;

(B) Notwithstanding paragraph (1)(c)(A) of this rule benevolent single-event temporary restaurants may receive an inspection or a consultation in lieu of an inspection, as determined by the Local Public Health Authority.

(2) The Local Public Health Authority may substitute an alternative inspection procedure or intervention once per year in place of an inspection using alternative criteria approved by the Authority.

(3) The Local Public Health Authority must:

(a) Implement an increased inspection schedule for restaurants as described in OAR 333-157-0027. Up to two of the quarterly inspections may be based upon a menu review consultation, an announced inspection, a risk control plan or other method approved by the Authority;

(b) Conduct a pre-operational or construction inspection after plan review and prior to operation of a new, remodeled, converted, renovated or altered establishment or facility. The pre-operational inspection is in addition to the requirement for a complete inspection in section (1) of this rule;

(c) Conduct a complete inspection to assign a public notice of sanitation within 45 days after opening for a restaurant or bed and breakfast facility. This inspection counts toward one of the inspections required in section (1) of this rule;

(d) Completely fill out inspection reports and include at least the following information:

(A) Specific problem and correction statements for all violations, including Oregon Administrative Rule references;

(B) Except in the food service programs, specify time limits for all corrections stated;

(C) Food Service — Document inspections as specified in OAR chapter 333, division 157, Inspection and Licensing Procedures. In addition, the Local Public Health Authority must indicate on the inspection report how a priority and priority foundation item violation has been corrected during complete and recheck inspections; and

(D) Public Swimming Pools — Document pH, free residual chlorine, total chlorine, total alkalinity, total hardness, cyanuric acid (if used), water clarity (recorded as acceptable or unacceptable), water temperature, pressure and vacuum gauge readings and flow rate as measured by flow meter.

(e) Conduct recheck inspections of establishments and facilities to determine if timely corrective action has been taken on noted priority or priority foundation item violations or public health hazards;

(f) At a minimum, furnish each environmental health specialist with the following equipment or materials to conduct inspections:

(A) Temperature measuring devices, flashlight, inspection forms and computer inspection equipment, identification and business cards, rules, stickers and forms;

(B) Food Service — Sanitizing swabs, test strips for chlorine and quaternary ammonium;

(C) Public Swimming Pools — Current state-approved pool test kit and a 25-foot tape measure or equivalent device with the ability to accurately measure distance and depth; and

(D) Food and waterborne illness investigation materials, specified in guidelines provided by the Authority, and a light meter for staff to share.

(g) Maintain and update the Food Program Policy Manual as well as other information required by the Authority; and

(h) Upon request, provide technical information and consultation to the public and those holding permits and licenses.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: HD 105, f. & ef. 2-5-76; HD 1-1979, f. & ef. 1-18-79; HD 9-1994, f. & cert. ef. 4-1-94; HD 14-1995, f. 12-28-95, cert. ef. 1-1-96; PH 13-2004, f. & cert. ef. 4-9-04; PH 3-2012, f. 2-29-12, cert. ef. 3-1-12; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-012-0057

Consultation Services Remittance

(1) Food Service — On behalf of the Authority, the Local Public Health Authority must collect fees from food service establishments and remit to the Authority the monies necessary to maintain the Foodborne Illness Prevention Program. The Local Public Health Authority must keep the remainder to cover administration and enforcement costs.

(a) The Authority must consult with representatives of local health officials in determining the amount to be remitted by each Local Public Health Authority to support the state Foodborne Illness Prevention Program;

(b) The consultation must occur no later than April of each legislative year in order to determine the amount required to be remitted to the Authority in the following biennium;

(c) The consultation must consider program expenditures, the program workplan and other activities, and current food service establishment inventories to determine the amount of the remittance;

(d) For the purposes of this rule, food service establishments are considered to be full and limited service restaurants, bed and breakfast facilities, mobile food units, commissaries and warehouses;

(e) The remittance amount must be determined by first projecting statewide food service license revenue for the biennium using state marker fees. Then, the biennial budget of the Foodborne Illness Prevention Program is divided by the revenue projection to yield a percentage factor. Each Local Public Health Authority’s revenue projection for food service facilities, using state marker fees, is then multiplied by that factor to yield the remittance amount;

(f) The Foodborne Illness Prevention Program budget must be developed after consultation with groups representing local health officials pursuant to ORS 624.510. The cost to the Local Public Health Authority of the Foodborne Illness Prevention Program shall be represented in the annual Intergovernmental Agreement.

(g) The Local Public Health Authority must provide to the Authority a quarterly remittance based on the total biennial assessment. Fifty percent of the assessment is payable each year unless otherwise negotiated with the Authority. The annual amount remitted by the Local Public Health Authority in the first year of the biennium may not be less than 35 percent of the total biennial amount. Each Local Public Health Authority must provide a statement identifying the proposed timetable and schedule for remittance;

(h) In April of even-numbered years, the Authority must recalculate the assigned assessment for the second year of the biennium, based on updated facility counts and program expenditures and provide the Local Public Health Authority with a revised assessment for the second year of the biennium;

(i) All assessments may not be represented as a surcharge or added charge.

(2) Public Swimming Pools — The Authority must consult with representatives of local health officials and industry in determining the amount to be remitted by each Local Public Health Authority that has accepted delegation for the Public Swimming, Spa and Wading Pool Programs for the purposes of supporting the statewide consultation and program services costs:

(a) The consultation must occur no later than April of each legislative year in order to determine the amount required to be remitted to the Authority in the following biennium;

(b) The consultation must consider program expenditures and current public swimming pool, public spa pool and public wading pool facility inventories while determining the amount of the remittance;

(c) The county shall remit, on a quarterly basis, a portion of the fee for each license issued in that quarter;

(d) All assessments may not be represented as a surcharge or added charge.

(3) Tourist Facilities — Each quarter, the Local Public Health Authority must remit 15 percent of the state licensing fee or 15 percent of the Local Public Health Authority license fee, whichever is less, to the Authority for consultation services and maintenance of the statewide program for facilities licensed under ORS 446.425. All assessments may not be represented as a surcharge or added charge.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: HD 12-1995, f. 12-28-95, cert. ef. 1-1-96; PH 13-2004, f. & cert. ef. 4-9-04; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-012-0060

Staffing and Training

(1) The Local Public Health Authority must provide the staff, facilities, materials and equipment necessary to comply with these rules.

(2) Inspections must be conducted by staff that are registered as required by ORS chapter 700.

(3) Each Local Public Health Authority must:

(a) Require at least one environmental health specialist engaged in the food, tourist facility and public swimming pool programs to attend annual Authority sponsored or approved training in all three program areas;

(b) Within one year of hiring, send all environmental health specialists to an orientation provided by the Authority. This requirement does not apply to staff that have previously attended the training while employed in another jurisdiction;

(c) Maintain at least one environmental health specialist on staff or through contract that has a current certification from the Authority as a food service standardization officer.

(A) New employees must be certified within 18 months of employment or within 18 months after becoming registered as an environmental health specialist as required in section (2) of this rule;

(B) Notwithstanding the time limits specified in paragraph (3)(c)(A) of this rule, the Local Public Health Authority may develop a training plan approved by the Authority that allows for a longer time limit to comply with the certification requirement in subsection (c) of this section.

(d) Maintain at least one environmental health specialist on staff or through contract that has successfully completed a NSPF Certified Pool Operator course or equivalent approved by the Authority within 24 months of employment. The Authority may waive this requirement upon request.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: HD 105, f. & ef. 2-5-76; HD 1-1979, f. & ef. 1-18-79; HD 15-1980(Temp), f. & ef. 12-29-80; HD 5-1985, f. & ef. 4-25-85; HD 9-1994, f. & cert. ef. 4-1-94; PH 13-2004, f. & cert. ef. 4-9-04; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-012-0061

Food Handler Training

The Local Public Health Authority must ensure the provision of a food handler training program using minimum criteria developed by the Authority. The Local Public Health Authority must secure Authority approval before deviating from the criteria of the training program for food handlers, and must document in a manner satisfactory to the Authority the training methods used for food handler training.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: PH 13-2004, f. & cert. ef. 4-9-04; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-012-0063

Record Keeping and Reporting

The Local Public Health Authority must:

(1) Maintain records of all administrative matters delegated under ORS 446.425, 448.100 or 624.510, including a record of the hearing, the time, date, place and copies of the complaint, all intended actions, orders, and final disposition of the proceedings and retained for at least three years.

(2) At a minimum, maintain records according to the Secretary of State, Archives Division rules, OAR chapter 166, of the following:

(a) Inspection reports;

(b) Complaints and their disposition;

(c) Communicable disease or suspected foodborne illness investigations;

(d) Public swimming pool accidents;

(e) License applications and licenses issued;

(f) Food service inspection scores;

(g) Changes in public notice placards;

(h) Food handler training materials;

(i) Plan review records;

(j) Records of all license denials, revocations, suspensions or other temporary closures; and

(k) Failed to Comply notices posted or any other enforcement actions taken.

(3) Provide to the Authority program information such as inspections conducted, workload indicators, fee schedules and violation summaries on request.

(4) Respond to surveys conducted by the Authority. Program information and surveys must be submitted on forms or in a format as required by the Authority.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: PH 13-2004, f. & cert. ef. 4-9-04; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-012-0065

Epidemiology and Accident Investigation and Reporting

The Local Public Health Authority must:

(1) Investigate all suspected illnesses connected with food service facilities, public swimming pools and tourist facilities;

(2) Submit reports of all investigations of confirmed illnesses to the Authority as required by OAR chapter 333, division 018;

(3) Notify the Authority of investigations expected to result in confirmed foodborne illness; and

(4) Investigate all reportable accidents and report the results of investigations in writing, including copies of accident reports, to the Authority.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: HD 105, f. & ef. 2-5-76; HD 1-1979, f. & ef. 1-18-79; HD 9-1994, f. & cert. ef. 4-1-94; PH 13-2004, f. & cert. ef. 4-9-04; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-012-0067

Enforcement Procedures

The Local Public Health Authority must:

(1) Adopt and comply with rules for conducting administrative hearings for permit and license denial, suspension or revocation in accordance with the requirements of ORS chapter 183.

(2) Utilize all administrative and legal means necessary to enforce the applicable statutes and rules and implement policies relating to the programs and to eliminate conditions endangering public health or safety.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: PH 13-2004, f. & cert. ef. 4-9-04; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-012-0070

Minimum Standards, Program Review and Penalties

(1)(a) The Local Public Health Authority may request approval from the Authority to implement alternative inspection or enforcement procedures by submitting a plan that includes expected performance measures and outcomes. If approved, the alternative inspection or enforcement procedures must be included in the annual Intergovernmental Agreement.

(b) The Local Public Health Authority may adopt ordinances on applicable matters provided they are not less stringent than the Oregon Administrative Rules adopted pursuant to ORS chapters 183, 446, 448 and 624. Any ordinance proposed for adoption on matters applicable to food service operators more stringent than those set forth in ORS chapter 624 and rules adopted thereunder must be approved by the Authority and the cost of implementing any ordinance so adopted may not be charged to license fees adopted pursuant to ORS 624.510(2). Notwithstanding the provisions of this subsection, when an emergency exists and delay may result in an immediate danger to public health, Local Public Health Authorities may adopt ordinances without prior Authority approval. This subsection does not affect ordinances that are required to be adopted as specified in these rules.

(2) The Local Public Health Authority is subject to a performance review by the Authority of both office and field activities to determine compliance with these rules. A review of each Local Public Health Authority shall be conducted at least once every three years by the Authority. The Authority shall submit the results of the review to the Local Public Health Authority. The field review may be conducted using an inspection protocol approved by the Authority. The Authority may waive the requirement for a field review.

(3) The Authority shall conduct a triennial fiscal audit of the Local Public Health Authority and the Authority may conduct additional fiscal audits of the Local Public Health Authority if deemed necessary.

(4) The Local Public Health Authority shall be surveyed by the Authority at least annually to determine accomplishments and needs. The survey results shall guide the Authority in providing assistance, guidance, training, consultation and support as needed.

(5) If a performance review reveals that the Local Public Health Authority is not complying with the provisions of these rules or the Intergovernmental Agreement, the Local Public Health Authority shall be notified by the Authority of the areas of non-compliance. The Local Public Health Authority must correct the deficiencies within the time frames required and report the corrections to the Authority.

(a) If the Authority determines that the deficiencies result in a serious human health hazard, compliance shall be required immediately. If the Authority determines that the deficiencies do not result in a serious human health hazard, a longer period of time may be allowed for compliance. However, the maximum time allowed for compliance, after notice is issued by the Authority, is as follows:

(A) Up to 90 days to correct administrative deficiencies such as, but not limited to, accounting reports and records;

(B) Up to 180 days to correct program deficiencies such as, but not limited to, inadequate frequency of inspections, scoring, staffing and lack of enforcement action.

(b) Notwithstanding subsection (5)(a) of this rule, the Authority may allow a longer time frame for compliance if deemed necessary;

(c) If the Authority determines that the Local Public Health Authority did not use the proper cost elements in determining the fee or that the amount of the fee is not justified, the Authority may order the Local Public Health Authority to adjust any fee, as soon as is possible, to a level supported by the Authority’s analysis of the fee.

(6) When a Local Public Health Authority has been notified of an emergency health hazard and is either unwilling or unable to administer or enforce delegated standards, the Authority may, pursuant to ORS 431.170, immediately take responsibility of the functions and collect the monies necessary to protect public health. When the health hazard has been resolved or is no longer an emergency, the Authority may return authority to the Local Public Health Authority and may initiate a review to determine if delegation is to be continued.

(7) The Authority may deny or revoke the delegation of a program if the Local Public Health Authority:

(a) Does not have sufficient qualified personnel to conduct the program;

(b) Has failed to perform its delegated duties satisfactorily;

(c) Has engaged in deceit or fraud in the conduct of the program or maintenance of its associated records.

(8) Suspension or rescission of a delegation must be in accordance with ORS chapter 183 relating to contested cases.

(9) The Authority shall immediately respond to a request by the Local Public Health Authority for personnel or equipment during an emergency. If the Authority is unable to assist as requested, the Authority shall immediately notify the Local Public Health Authority and provide any possible assistance.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: HD 105, f. & ef. 2-5-76; HD 1-1979, f. & ef. 1-18-79; HD 9-1994, f. & cert. ef. 4-1-94; PH 13-2004, f. & cert. ef. 4-9-04; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-150-0000

Food Sanitation Rule

(1) Authority and Purpose. This rule establishes definitions, sets standards for management and personnel, food protection, and equipment and facilities, water supply, sewage disposal, provides for food establishment plan review, and employee restriction to safeguard public health and provide consumers food that is safe, unadulterated, and honestly presented.

(2) Incorporation by Reference. The requirements in the U.S. Public Health Service, Food and Drug Administration (FDA), Food Code 2009, Chapters 1 through 8 are adopted and incorporated by reference.

(3) Deletions. The following sections, paragraphs or subparagraphs of the 2009 FDA Food Code are deleted in their entirety: 2-102.11(C)(8)(b), 2-102.20, 2-103.11(K), 3-202.18(A)(1)(a)-(e), 4-301.12(C)(5), (D) and (E), 4-501.115, 4-603.16(B) and (C), 4-603.17(B)(1), 8-302.11, 8-302.14(E), 8-401.10(B), 8-401.20, 8-402.20(A)(3), 8-402.40, 8-406.11, 8-501.40 and Annex 1 through 8.

(4) Definitions. Adopt paragraph 1-201.10(B) with the following amendments and additions to read:

(a) “Accredited program”:

(A) Means a food protection manager certification program that has been evaluated and listed by an accrediting agency as conforming to national standards for organizations that certify individuals or approved by the Oregon Health Authority (Authority) or Oregon Department of Agriculture.

(B) Refers to the certification process and is a designation based upon an independent evaluation of factors such as the sponsor’s mission; organizational structure; staff resources; revenue sources; policies; public information regarding program scope, eligibility requirements, re-certification, discipline and grievance procedures; and test development and administration.

(C) Does not refer to training functions or educational programs.

(b) “Assembly” means the act of putting together foods that do not require further preparation. This includes but is not limited to placing a hot dog on a bun, or placing beans, lettuce, and cheese on a tortilla.

(c) “Authority” means the Oregon Health Authority.

(d) “Base of Operation” means the licensed restaurant, commissary or warehouse that services a mobile unit or vending operation.

(e) “Benevolent Meal Site” means:

(A) A periodic food service operation run by a benevolent organization that provides food to the needy or indigent without charge; and

(B) The meal service does not operate from a permanent kitchen facility.

(f) “Catering” means the preparation of food in an approved food establishment and the transportation of the food for service and consumption at some other site.

(g) “Close” means to summarily stop the operation of a food establishment pursuant to ORS 624.073 and ORS 624.370.

(h) “Code” shall have the same meaning as administrative rule.

(i) “Combination Food Service Establishment” means any food establishment located within a single structure or at a single site, and which is engaged in activities subject to licensing or inspecting requirements of both the Authority and the Oregon Department of Agriculture, and the regulated activities are common to the same operator.

(j) “Commercial warewashing machine” means a machine designed and manufactured specifically for use in a food service establishment such as a restaurant and not for domestic or light-commercial purposes.

(k) “Commissary” means a commissary catering establishment, restaurant, or any other place in which, food, beverage, ingredients, containers, or supplies are kept, handled, packaged, prepared or stored, and from which vending machines or mobile units are serviced. A licensed commissary may only be used for catering if licensed mobile food units or vending machines are serviced by the establishment as specified in ORS 624.310.

(L) “Complete Inspection” means any inspection conducted at the election of the licensing agency evaluating all items on the inspection form.

(m) “Cut leafy greens” means fresh leafy greens whose leaves have been cut, shredded, sliced, chopped, or torn. The term “leafy greens” includes iceberg lettuce, romaine lettuce, leaf lettuce, butter lettuce, baby leaf lettuce (i.e., immature lettuce or leafy greens), escarole, endive, spring mix, spinach, cabbage, kale, arugula and chard. The term “leafy greens” does not include herbs such as cilantro or parsley. The term “cut” does not mean removing and discarding exterior leaves.

(n) “Director” means the Director of the Oregon Health Authority or Oregon Department of Agriculture or authorized representative.

(o) “Disclosure” means a written statement that clearly identifies the animal-derived foods which are, or can be ordered, raw, undercooked, or without otherwise being processed to eliminate pathogens, or items that contain an ingredient that is raw, undercooked, or without otherwise being processed to eliminate pathogens.

(p) “Food establishment” means:

(A) An operation that prepares, assembles, packages, serves, stores, vends, or otherwise provides food for human consumption; or

(B) Any room, building, structure or place, used or intended for use, or operated for storing, preparing, compounding, manufacturing, processing, freezing, packaging, distributing, handling, salvaging or displaying food; or

(C) The ground upon which such place or business is operated or used and so much ground adjacent thereto as is also used in carrying on the business of the establishment. The Authority or Department of Agriculture may prescribe additional areas or places which, although they may not be contiguous or adjacent to the above area or establishment, may be included therein; or

(D) Vehicles, machinery, equipment, utensils, tools, fixtures, implements, and all other articles or items, used in operating or carrying on the business of a food establishment.

(q) “Food establishment” regulated by the Oregon Health Authority includes but is not limited to:

(A) Bars, bed and breakfast facilities, cafeterias if open to the public, catered feeding locations, caterers, coffee shops, commissaries, conveyance used to transport people, hospitals if open to the public, hotels, microbreweries, motels, private clubs if open to the public, restaurants, satellite sites, senior citizen centers, snack bars, taverns, vending locations, warehouses (associated with a mobile food unit), or similar food facilities.

(B) An operation that is conducted in a mobile food unit, temporary food establishments, or permanent facility or location; where consumption is on or off premises; and regardless of whether there is a charge for the food.

(C) The premises of a fraternal, social, or religious organization where food is prepared for the public.

(D) School food service that is provided by a private person, business, or organization; and that serve persons other than enrolled students, invited guests or staff.

(E) That relinquishes possession of food to a consumer directly through a restaurant takeout order.

(r) “Food establishment” regulated by the Oregon Department of Agriculture includes but is not limited to:

(A) Markets, food banks, warehouses (distribution), wineries, microbreweries, grocery stores or other food facilities;

(B) An establishment that predominantly sells foods that are not for immediate consumption, such as take and bake pizza, whole pies and cakes, loaves of bread, and pre-made dinners that must be cooked or reheated;

(C) An establishment that offers only prepackaged or bulk foods that are not potentially hazardous;

(D) A produce stand that offers fresh fruits and vegetables;

(E) A food processing plant;

(F) Mobile food units that are operated by an Oregon Department of Agriculture licensed establishment and located on the property of the Oregon Department of Agriculture licensed establishment;

(G) Outdoor cooking and beverage dispensing area operated by a market that is located on the property of the market and is under the jurisdiction of the Oregon Department of Agriculture; or

(H) Food prepared in a private home that is licensed as a domestic processor.

(s) “Food establishment” does not include:

(A) A private home where food is prepared or served for family and guests, and where the public is not invited.

(B) A private home that receives catered or home-delivered food.

(C) An establishment or organization that prepares or sells the following food items for immediate consumption only:

(i) Candy, candied apples and non-potentially hazardous confections;

(ii) Commercially prepackaged ice cream and frozen desserts sold in individual servings;

(iii) Commercially pickled products, commercially processed jerky, nuts, nutmeats, popcorn, and prepackaged foods such as potato chips, pretzels, and crackers;

(iv) Unopened commercially bottled and canned non-potentially hazardous beverages to include alcoholic beverages;

(v) Coffee and tea, with non-potentially hazardous ingredients;

(vi) Non-potentially hazardous hot or cold beverages prepared from individually packaged powdered mixes and commercially bottled water, not to include fresh squeezed juice;

(vii) Non-potentially hazardous foods or beverages provided by a non-food service business or organization as a courtesy for no charge to customers; and

(viii) Other food items as determined by the Authority or the Oregon Department of Agriculture.

(D) An establishment or organization that prepares or sells the following food items for immediate consumption at an event that are obtained from a licensed food service or processing establishment or prepared onsite:

(i) Non-potentially hazardous baked goods;

(ii) A benevolent organization that serves privately donated breads, rolls, pies, cakes, doughnuts or other pastries not having potentially hazardous (TCS) fillings;

(iii) An establishment or organization exempt under this subparagraph must post a notice in public view that states: “NOTICE: Food served at this location may not have been inspected by the regulatory authority.”

(E) Private vehicles used for home deliveries.

(F) Personal chef who prepares food for an individual or private party.

(G) Continental breakfast served by a traveler’s accommodation licensed under ORS chapter 446 and that is limited to the following: individual or bulk dispensed containers of commercially prepared juices; commercially prepared non-potentially hazardous pastries; whole uncut fresh fruit with peel, and coffee and tea with non-potentially hazardous ingredients.

(H) Food service that is provided by a state, county, or other governmental entity.

(I) School food service that is provided by a state, county, or other governmental entity; or is providing food to students, teachers, other school staff, and invited guests.

(J) Any person holding a “one-day, special retail beer or special retail wine license” for a private residence; or anyone who possesses a “temporary” license from the Oregon Liquor Control Commission who serves alcoholic beverages to the public, but serves only foods exempted under 1-201.10(B) of the 2009 FDA Food Code and uses single-service articles.

(K) A bed and breakfast facility with two or less rooms for rent on a daily basis.

(L) Home delivery of grocery orders.

(M) Institutions that do not serve the public.

(N) Produce stands located on a farmer’s own property wherein only produce grown by the farmer is sold and no food processing is done as specified in OAR 603-025-0030(2).

(O) Farm Direct Marketers as defined in OAR 603-025-0225(6).

(P) A domestic processor licensed by the Oregon Department of Agriculture that sells only prepackaged and labeled food at a farmer’s market.

(t) “Food processing plant” means a commercial operation or a domestic kitchen licensed by the Oregon Department of Agriculture that manufactures, packages, labels, or stores food for human consumption.

(u) “Integral” means that all equipment associated with a mobile unit must be rigidly and physically attached to the unit without restricting the mobility of the unit while in transit. This does not preclude the use of a barbecue unit in conjunction with a Class IV mobile food unit.

(v) “License” means the same as permit for the purposes of this rule.

(w) “License holder” means the same as permit holder for the purposes of this rule.

(x) “Maximum Contaminant Level (MCL)” means the maximum allowable level of a contaminant in water for consumption delivered to the users of a system, except in the case of turbidity where the maximum allowable level is measured at the point of entry to the distribution system.

(y) “Meat” means the flesh of animals used as food including the dressed flesh of cattle, swine, sheep, or goats and other edible animals, except fish, poultry, and wild game animals as specified under subparagraphs 3-201.17(A)(3), (4), and (5) of the 2009 FDA Food Code.

(z) “Mobile Food Unit” means any vehicle that is self-propelled or that can be pulled or pushed down a sidewalk, street, highway or waterway, on which food is prepared, processed or converted or which is used in selling and dispensing food to the ultimate consumer.

(aa) “Outdoor Beverage Dispensing Operation” means an outdoor area on the premises of a food establishment where beverages are dispensed to consumers.

(bb) “Outdoor Cooking Operation” means an outdoor area on the premises of a food establishment where food is cooked for service to consumers.

(cc) “Personal Chef” means an individual that provides cooking services to private individuals or private groups. A personal chef may purchase food from an approved source, but may not store or prepare food in advance. A personal chef may use their own equipment, utensils and spices.

(dd) “Preparation” means the process whereby food is transformed into a consumable form. This includes, but is not limited to, slicing or dicing vegetables, grating cheese, portioning foods, slicing sandwiches, blending foods, or cooking or reheating foods.

(ee) “Priority item” means a provision in this code whose application contributes directly to the elimination, prevention or reduction to an acceptable level, hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard.

(A) “Priority item” includes items with a quantifiable measure to show control of hazards such as cooking, reheating, cooling, and handwashing.

(B) “Priority item” is an item that is denoted in this code with a superscript P-P; and

(C) “Priority item” is an item that carries a weight of five points on the Food Service Inspection Report or Inspectional Guide and is considered a critical violation as referenced in ORS chapter 624.

(ff) “Priority foundation item” means a provision in this code whose application supports, facilitates or enables one or more priority items.

(A) “Priority foundation item” includes an item that requires the purposeful incorporation of specific actions, equipment or procedures by industry management to attain control of risk factors that contribute to foodborne illness or injury such as personnel training, infrastructure or necessary equipment, HACCP plans, documentation or record keeping, and labeling.

(B) “Priority foundation item” is an item that is denoted in this code with a superscript Pf-Pf; and

(C) “Priority foundation item” is an item that carries a weight of three points on the Food Service Inspection Report or Inspectional Guide and is considered a critical violation as referenced in ORS chapter 624.

(gg) “Quarterly Sampling” means a sample is taken and submitted according to the following schedule: 1st Quarter is January 1 through March 31, 2nd Quarter is April 1 through June 30, 3rd Quarter is July 1 through September 30 and the 4th Quarter is October 1 through December 31.

(hh) “Raw-to-Finish” means cooking foods that are potentially hazardous when in a raw state to a finished, edible state. This practice includes, but is not limited to, cooking raw hamburgers or barbecuing raw meats.

(ii) “Recheck Inspection” means:

(A) An inspection to determine whether specified corrections have been made or alternative procedures maintained for violations identified in previous inspections; or

(B) An inspection to determine whether specific corrections have been maintained for critical violations creating a significantly increased risk for foodborne illness. Recheck inspections may also be referred to as reinspections or follow-up inspections.

(jj) “Repeat violation” means a violation of a rule which is the same specific problem or process as indicated on the Food Service Inspection Report occurring in two consecutive semi-annual inspections.

(kk) “Sample” means a three ounce or less portion of a food or beverage.

(ll) “Semi-annual inspection” means an unannounced complete inspection conducted twice during the calendar year; one in each half of the year, but not less than 90 days or more than 270 days apart.

(mm) “Temporary food establishment” means the same as ORS 624.010(4), (10) and (11).

(nn) “Transport Vehicle” means a vehicle used to transport foods or utensils from the base of operation to a mobile food unit.

(oo) “Utensil” means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse, single-service, or single-use; gloves used in contact with food; temperature sensing probes of food temperature measuring devices; trays used with highchairs; and probe-type price or identification tags used in contact with food.

(pp) “Vehicle” means any device in, upon or by which any person or property is or may be transported or drawn upon a public highway, and includes vehicles that are propelled or powered by any means. This definition includes watercraft.

(qq) “Violation” means any condition which fails to meet a requirement of ORS chapter 624 or this rule.

(rr) “Violations creating an imminent danger to public health” means those priority item violations in which at least one of the following conditions exits:

(A) Food and drink is spoiled, unwholesome, or contaminated with pathogenic or fecal organisms, toxic chemicals, insect or rodent parts or excreta, or other harmful substances or articles;

(B) Potentially hazardous foods have been kept at temperatures above 41 degrees Fahrenheit and below 135 degrees Fahrenheit for four hours or more;

(C) A food employee has a reportable disease or medical condition under subpart 2-201 of the 2009 FDA Food Code.

(ss) “Violations creating a potential danger to public health” means all priority and priority foundation item violations other than those that create an imminent danger to public health.

(tt) “Violations creating a significantly increased risk for foodborne illness” include:

(A) Potentially hazardous foods at improper temperatures;

(B) Cross contamination of raw to ready-to-eat foods; and

(C) Poor personal hygiene and handwashing.

(uu) “Warehouse” means any place where food, utensils, single-service articles, cleaning or servicing supplies for vending machines, mobile units, or commissaries are stored.

(vv) “Wild Fresh Mushroom” means a mushroom that has not been processed, dried or cultivated.

(5) Amendments to Federal Regulation. The following amendments or additions are made to the 2009 FDA Food Code, as adopted and incorporated by reference. All references to part, subpart, sections, paragraphs and subparagraphs relate to the 2009 FDA Food Code:

(a) Amend section 2-102.11(B) to read: Being a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program or a training program approved by the Oregon Health Authority or Oregon Department of Agriculture;

(b) Adopt paragraphs 2-102.11(A) and (C) without changes.

(c) Amend section 2-201.11 to read: Responsibility of Person in Charge.

(A) The permit holder shall require food employees to report to the person in charge information about their health and activities as they relate to diseases that are transmissible through food. A food employee or conditional employee shall report the date of onset of symptoms, diagnosis of an illness, or of a diagnosis without symptoms that are listed under 2-201.12.P

(B) The person in charge shall notify the regulatory authority that a food employee is:

(i) Jaundice; or

(ii) Diagnosed with an illness listed in 2-201.12.

(C) A food employee shall:

(i) Report to the person in charge if they have been diagnosed with an illness or are experiencing symptoms specified under 2-201.12;P

(ii) Report to the person in charge if they have been living in the same household or working in a setting where there is a confirmed disease outbreak with an illness specified under 2-201.12;P and

(iii) Comply with exclusions and restrictions specified under section 2-201.12.P

(d) Amend section 2-201.12 to read: Exclusions and Restrictions.

(A) The person in charge shall exclude or restrict a food employee from a food establishment in accordance with the following:

(i) Except when the symptom is from a noninfectious condition, exclude a food employee that has any of the following signs or symptoms caused by illness, infection, or other source that is associated with an acute illness:

(I) Vomiting;P

(II) Diarrhea;P

(III) Sore throat with fever;P or

(IV) Jaundice.P

(B) Exclude or restrict a food employee that has a lesion containing pus such as a boil or infected wound that is open or draining and is:

(i) On the hands or wrists, unless an impermeable cover such as a finger cot protects the lesion and a single use glove is worn over the impermeable cover;P

(ii) On exposed portions of the arms, unless the lesion is protected by an impermeable cover;P or

(iii) On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage.P

(C) Exclude a food employee from a food establishment if the food employee is diagnosed by a health practitioner or presumptive with:

(i) Norovirus;P

(ii) Hepatitis A virus;P

(iii) Shigella spp.;P

(iv) Enterohemorrhagic or Shiga Toxin-Producing Escherichia coli;P or

(v) Salmonella Typhi.P

(e) Amend section 2-201.13 to read: Removal of Exclusions and Restrictions. The person in charge shall adhere to the following conditions when removing, adjusting, or retaining the exclusion or restriction of a food employee:

(A) Restrictions or exclusions on persons diagnosed or presumptive with Hepatitis A, shigellosis or Shiga-toxigenic Escherichia coli (STEC) or Salmonella typhi infection shall not be lifted until a licensed laboratory has determined that the employee is free of pathogens in accordance with OAR 333-019-0014(4) and 333-019-0046. Such restrictions may be waived or modified at the discretion of the local public health authority.P

(B) Except as specified in (A) of section 2-201.13, the person in charge may remove a restriction or exclusion specified under 2-201.12 if the restricted person:

(i) Is free of the symptoms specified under 2-201.12(A)(1)-(3) for 24 hours;P or

(ii) Provides to the person in charge written medical documentation from a health practitioner that states the symptom is from a noninfectious condition;P or

(iii) The person in charge obtains approval from the local public health authority.P

(C) Reinstate a food employee who was diagnosed or presumptive with an infection from Norovirus if the person in charge obtains approval from the local public health authority and one of the following conditions is met:

(i) The food employee provides to the person in charge written medical documentation from a health practitioner stating the food employee is free of a Norovirus infection;P or

(ii) The food employee’s symptoms of vomiting or diarrhea have resolved and more than 48 hours have passed since the food employee became asymptomatic;P or

(iii) The food employee did not develop symptoms and more than 48 hours have passed since the food employee was diagnosed.P

(f) Amend section 2-301.13 to read: Double Handwashing.

(A) After defecating, contacting body fluids and discharges, or handling waste containing fecal matter, body fluids, or body discharges, and before beginning or returning to work, food employees shall wash their hands twice using the cleaning procedure specified in section 2-301.12.P

(B) Except when one handwashing lavatory is allowed under paragraph 5-203.11(A), after using the toilet facility food employees shall wash their hands twice, first at a handwashing lavatory in the toilet facility and again at a handwashing lavatory in the food preparation area.P

(g) Amend paragraph 2-301.14(H) to read: Before donning gloves for working with food unless a glove change is not the result of glove contamination.P

(h) Amend section 2-301.16 to read:

(A) A hand antiseptic and a chemical hand antiseptic solution used as a hand dip shall be used according to labeled directions, be approved for use with food, and be applied to hands that are cleaned as specified under section 2-301.12.

(B) A chemical hand antiseptic solution used as a hand dip shall be maintained clean and at a strength equivalent to at least 100 mg/L chlorine.

(i) Amend paragraph 2-401.11(A) to read: Eating, Drinking, or Using Tobacco. Except as specified in paragraph (B) of section 2-401.11, an employee may not eat, drink, or use any form of tobacco except in designated areas where the contamination of exposed food; clean equipment, utensils, and linens; unwrapped single-service and single-use articles; or other items needing protection can not result.

(j) Amend section 2-401.12 to read: Discharges from the Eyes, Nose, and Mouth. Food employees experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth may not work with exposed food; clean equipment, utensils, and linens; or unwrapped single-service or single-use articles.

(k) Amend paragraph 2-402.11(A) to read: Employees shall use effective hair restraints to prevent the contamination of food or food-contact surfaces.

(L) Amend paragraph 2-403.11(A) to read: Except as specified in paragraph (B) of section 2-403.11, food employees may not care for or handle animals that may be present such as patrol dogs, service animals, or pets that are allowed as specified in 6-501.115(B)(2)-(5) and (E).

(m) Amend paragraph 3-201.11(B) to read: Except as specified in paragraphs (J), (K) and (L) of section 3-201.11, food prepared in a private home may not be used or offered for human consumption in a food establishment.P

(n) Add paragraph 3-201.11(H) to read: Game meat which has been donated to a charitable organization and has been inspected and processed as provided in ORS 619.095 may be served for human consumption by that charitable organization.P

(o) Add paragraph 3-201.11(I) to read: Except as required in 3-201.11(A) through (H) of the 2009 FDA Food Code and in accordance with ORS 624.116, any person, business or volunteer group may donate food to a benevolent organization that meets the requirements in ORS 624.101. The Internal Revenue Service (IRS) may issue a “letter of determination” that should be used as the basis for assessing compliance with benevolent status of ORS 624.101. The person, business or volunteer group making the donation shall inspect the food to ensure its fitness for human consumption and discard all food that is unwholesome. The following donated food items are approved for use by benevolent organizations:

(A) Commercially prepared foods, canned goods, and milk products, marine and freshwater fishery products or meat animals; i.e., cattle, sheep, goats, equine, swine, poultry or rabbits obtained from facilities licensed by the Oregon Department of Agriculture or the Oregon Health Authority according to ORS chapters 603, 616, 621, 622, 624, 625 and 635;P

(B) Home baked bread, rolls, pies, cakes, doughnuts or pastries not having perishable fillings, icings, toppings or glazes;P

(C) Fresh fruit and produce from private gardens or commercial growers;P

(D) Salvageable food which has lost the label or which has been subjected to possible damage due to accident, fire, flood, adverse weather or similar cause. Reconditioning of salvageable food shall be conducted according to the Model Food Salvage Code recommended by the Association of Food and Drug Officials and U.S. Department of Health and Human Services;P

(E) Other food as may be approved by the Oregon Health Authority upon prior notification by the donator or benevolent organization;

(F) Unless alternative language has been approved by the regulatory authority, a notice shall be posted in public view that says: “NOTICE: Food served at this location may not have been inspected by the regulatory authority.”

(p) Add paragraph 3-201.11(J) to read: Privately donated breads, rolls, pies, cakes, doughnuts or other pastries not having perishable fillings, icings, toppings or glazes may be used in temporary food establishments operated by benevolent organizations for fund-raising events, provided they meet the requirements under 3-201.11(I)(iv).P

(q) Add paragraph 3-201.11(K) to read: Food prepared in a private home that is licensed as a home processor by the Oregon Department of Agriculture.P

(r) Add paragraph 3-201.11(L) to read: A Benevolent Meal Site may serve food prepared by volunteers in an unlicensed kitchen under the following conditions:

(A) Volunteers must obtain a food handler certificate as required in OAR chapter 333, division 175. If the food is prepared by a group of people at the same location, only the person supervising the food preparation shall be required to obtain a certificate. The person supervising the food preparation shall be at the preparation site at all times;

(B) Volunteers that provide only non-potentially hazardous baked goods as allowed under paragraph (J) of section 3-201.11 or whole, uncut fresh fruits and vegetables are exempt from the food handler certification requirement.

(C) The organization sponsoring the Benevolent Meal Site must obtain a signed statement from the volunteers that they have reviewed and will follow the requirements of section 3-201.11. The signed statement must include the volunteer’s name, contact information and the kinds of food donated;

(D) The signed statement shall be maintained at the Benevolent Meal Site and be available for review.

(E) Food Preparation and Service:

(i) The following foods may not be provided: home-canned or home processed foods, wild mushrooms, wild game, shellfish, sport-caught fish, raw milk, raw animal foods, eggs from non-commercial sources, unpasteurized juices, and water and ice from unapproved water systems;P

(ii) Except whole, uncut fresh fruit and vegetables and non-potentially hazardous baked goods as described under paragraph (J) of section 3-201.11, leftover food prepared by volunteers must be returned to the volunteer or discarded.P

(iii) Food obtained from licensed establishments may be donated to other facilities if the food is held under proper temperature control and protected from contamination during serving;

(iv) At least one portable handwashing facility as described in paragraph 5-203.11(C) shall be provided at the service location;

(v) Self-service of food is limited to prepackaged items and condiments dispensed in a sanitary manner;

(vi) A statement must be posted at the meal site in public view that states: “Notice: Food served at this location may not have been inspected by the regulatory authority.”

(vii) Food must be stored, prepared, handled, transported and served in a manner that is consistent with the food safety requirements in these rules.

(s) Amend section 3-201.16 to read:

(A) Except as specified in (B), identification of mushroom species picked in the wild shall have a written buyer specification which is to remain on file in the food establishment for a minimum of 90 days from the date of sale or service. This written specification shall include:

(i) Identification by the scientific name and the common name of the mushroom species;

(ii) Identification in the fresh state;

(iii) The name and contact information of the person who identified the mushroom and the mushroom seller; and

(iv) A statement as to the qualifications and training of the identifier, specifically related to mushroom identification.

(B) Paragraph (A) of 3-201.16 does not apply to cultivated wild mushroom species that are grown, harvested, and processed in an operation that is regulated by the food regulatory agency that has jurisdiction over the operation.

(C) The food establishment that sells, uses or serves mushrooms picked in the wild shall ensure the mushrooms are conspicuously identified by a label, placard, or menu notation that states:

(i) The common and usual name of the mushroom; and

(ii) The statement “Wild mushrooms: not an inspected product”.

(t) Add subparagraph 3-201.17(A)(5) to read: Except as specified in (A)(1) through (4) of section 3-201.17:

(A) Game meat donated to a charitable organization and inspected by employees of the Oregon Department of Agriculture, Oregon Department of Fish and Wildlife, or State Police as provided for in ORS 619.095 may be served for human consumption by that charitable organization.P

(B) As used in subparagraph (A) of section 3-201.17:

(i) Charitable organization means the Department of Human Services, Oregon Health Authority, Oregon Youth Authority, Department of Corrections institutions, low-income nutritional centers, public school nutritional centers, senior nutritional centers, state hospitals and other charitable organizations or public institutions approved by the Oregon Department of Fish and Wildlife.

(ii) Game meat includes antelope, bighorn sheep, deer, elk, moose and mountain goat.

(u) Add section 3-201.18 to read: Outdoor Cooking and Beverage Dispensing Operations.

(A) Outdoor cooking and beverage dispensing by a food establishment shall be allowed as a part of the operation when conducted on the premises of the food establishment.

(B) Enclosure of an outdoor cooking and beverage dispensing operation is not required unless necessary to protect food from contamination. The outdoor cooking and beverage dispensing operation must be designed to protect food, equipment, utensils, single-use articles and other items from contamination when not in operation.

(C) Outdoor cooking and beverage dispensing operations must be equipped with or located adjacent to a plumbed handwashing sink. Outdoor cooking and beverage dispensing operations that are not permanently constructed may provide a handwashing system that meets the requirements of 5-203.11(C) if approved by the regulatory authority.

(D) Outdoor cooking shall be limited to the use of a barbeque, hearth oven, tandoori oven, barbeque pit or other similar cooking equipment. The use of equipment such as flat top grills or griddles, woks, steamtables or other cooking, storage or holding devices designed or intended to be used inside of a food service establishment is not allowed.

(E) Other than cooking food, no preparation, assembly, storage or service of food may be done at the outdoor cooking operation. Non-potentially hazardous (non-TCS) condiments may be dispensed at the outdoor cooking operation.

(F) Employees or consumers may be served directly from the outdoor cooking operation if the food is portioned for immediate service. Consumers may not serve themselves from an outdoor cooking operation.

(G) Outdoor beverage dispensing may include alcoholic and other beverages. Consumers may serve themselves from beverage dispensing equipment that meets the requirements of 4-204.13.

(H) Outdoor cooking and beverage dispensing operations must be monitored by food service employees.

(I) Section 3-201.18 does not preclude the service of foods prepared inside the establishment to consumers at outdoor seating areas.

(v) Add paragraph (E) to 3-202.14 to read: Raw milk from goats and sheep that is in compliance with the labeling requirements in OAR 603-024-0543 and the standards defined in OAR 603-024-0041 may be sold in licensed Oregon Department of Agriculture establishments.P

(w) Add subparagraph (C)(3) to 3-203.11 to read: If the establishment serves raw or undercooked shucked molluscan shellfish for immediate consumption, container label information must be maintained in the establishment for 90 days.

(x) Amend section 3-301.11 to read:

(A) Food employees shall wash their hands as specified under sections 2-301.12 and 2-301.13.

(B) Food employees shall minimize bare hand contact with food and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment.P/

(y) Amend paragraph 3-304.12(F) to read: In a container of water if the container is cleaned at a frequency specified under subparagraph 4-602.11(D)(7); and

(A) The water is maintained at a temperature of 135 degrees Fahrenheit or above; or

(B) At 41 degrees Fahrenheit or less.

(z) Add paragraph 3-304.15(E) to read: The use of latex gloves in food service establishments is prohibited.

(aa) Amend section 3-304.17 to read:

(A) Except as specified in paragraph (C) of section 3-304.17, a take-home food container returned to a food establishment may not be refilled at a food establishment with a potentially hazardous food (time/temperature control for safety food).

(B) Except as specified in paragraph (C) of section 3-304.17, a take-home food container refilled with non-potentially hazardous (non-TCS) food shall be cleaned as specified under paragraph 4-603.17(B).

(C) Notwithstanding paragraphs (A) and (B) of section 3-304.17, personal take-out beverage containers, such as thermally insulated bottles, non-spill coffee cups, and promotional beverage glasses, may be refilled by employees or the consumer with a beverage that is a potentially hazardous food (time/temperature control for safety food) if refilling is a contamination-free process as specified under paragraphs 4-204.13(A), (B), and (D).

(bb) Amend section 3-306.11 to read: Except for nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption, food on display shall be protected from contamination by the use of packaging; counter, service line, or salad bar food guards; display cases; or other effective means.

(cc) Amend section 3-306.12 to read: Condiments, Protection.

(A) Condiments shall be protected from contamination by being kept in dispensers that are designed to provide protection, protected food displays provided with the proper utensils, original containers designed for dispensing, or individual packages or portions.

(B) Condiments at a vending machine location shall be in individual packages or provided in dispensers that are filled at an approved location, such as the food establishment that provides food to the vending machine location, a food processing plant that is regulated by the agency that has jurisdiction over the operation, or a properly equipped facility that is located on the site of the vending machine location.

(dd) Add section 3-307.12 to read: Protection from Contamination, Use of Private Vehicles for Food Deliveries.

(A) Private vehicles may be used for food deliveries if the food is packaged so that it is protected from contamination under Part 3-3 of the 2009 FDA Food Code, and adequate means are provided for maintaining proper food temperatures under section 3-501.16.

(B) Private vehicles shall not be used in any activity that is incompatible with safe and sanitary transportation of food.

(ee) Amend paragraph 3-401.12(C) to read: Heated to a temperature of at least 74 degrees Celsius (165 degrees Fahrenheit) in all parts of the food.P

(ff) Amend paragraph 3-401.14(D) to read: Prior to sale or service, cooked using a process that heats all parts of the food to a temperature and for a time that complies with one of the methods based upon the food being cooked as specified in 3-401.11.P

(gg) Amend subparagraph 3-401.14(F)(5) to read: Describe how foods, after initial heating but prior to cooking as specified in paragraph (D) of section 3-401.14, are to be separated from ready-to-eat foods as specified under 3-302.11(A).

(hh) Amend paragraph 3-402.11 to read:

(A) Except as specified in paragraph (B) of this section, before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated-partially cooked fish shall be:

(i) Frozen and stored at a temperature of -20 degrees Celsius (-4 degrees Fahrenheit) or below for a minimum of 168 hours (seven days) in a freezer; or

(ii) Frozen at -35 degrees Celsius (-31 degrees Fahrenheit) or below until solid and stored at -35 degrees Celsius (-31 degrees Fahrenheit) or below for a minimum of 15 hours;P

(iii) Frozen at -35 degrees Celsius (-31 degrees Fahrenheit) or below until solid and stored at -20 degrees Celsius (-4 degrees Fahrenheit) or below for a minimum of 24 hours.

(B) Paragraph (A) of this section does not apply to:

(i) Molluscan Shellfish;

(ii) Tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern), or fish species that are listed in the FDA Fish and Fisheries Products Hazards and Control Guidance, Potential Species-Related & Process Related Hazards and parasites are not a hazard; or

(iii) Aquacultured fish, such as salmon, that:

(I) If raised in open water, are raised in net-pens; or

(II) Are raised in land-based operations such as ponds or tanks; and

(III) Are fed formulated feed, such as pellets, that contains no live parasites infective to the auqacultured fish.

(iv) Fish eggs that have been removed from skein and rinsed.

(ii) Amend section 3-402.12 (B) to read: If the fish are frozen by a supplier, a written agreement or statement from the supplier stipulating that the fish supplied are frozen to a temperature and for a time specified under section 3-402.11 may substitute for the records specified under paragraph (A) of section 3-402.12.

(A) Each invoice received from the supplier shall state the specific fish by species that have been frozen to meet the requirements for parasite destruction specified under section 3-402.11.

(B) The written agreement or statement from the supplier must be updated at least once per year.

(jj) Amend paragraph 3-501.15(B) to read: When placed in cooling or cold holding equipment, food containers in which food is being cooled shall be:

(A) Arranged in the equipment to provide maximum heat transfer through the container walls; and

(B) Loosely covered, or uncovered if protected from overhead contamination as specified under subparagraph 3-305.11(A)(2), during the cooling period to facilitate heat transfer from the surface of the food.

(kk) Amend subparagraph 3-501.17(A) to read: Except when packaging food using a reduced oxygen packaging method as specified under section 3-502.12, and except as specified in paragraphs (D) and (E) of section 3-501.17, refrigerated, ready-to-eat food (time/temperature control for safety food) prepared and held in a food establishment for more than 24 hours shall be clearly marked to indicate the date or day by which the food shall be consumed on premises, sold, or discarded when held at a temperature of 5 degrees Celsius (41 degrees Fahrenheit) or less for a maximum of seven days. The day of preparation shall count as Day 1.

(ll) Amend paragraph 3-501.19(B) to read: If time without temperature control is used as the public health control up to a maximum of four hours.

(mm) Adopt subparagraphs 3-501.19(B)(1)-(4) as written.

(nn) Add subparagraph 3-603.11(B)(3) to read: Food service establishments that serve predominantly raw foods may disclose those items that are not served raw or do not require cooking before consumption.

(oo) Add paragraph 3-701.11(E) to read: Potentially hazardous foods (TCS) that have been kept at temperatures above 41 degrees Fahrenheit or below 135 degrees Fahrenheit for more than four hours shall be discarded.

(pp) Amend paragraph 4-101.17(A) to read: Except as specified in paragraphs (B), (C), (D) and (E) of section 4-101.17, wood and wood wicker may not be used as a food-contact surface.

(qq) Add paragraph 4-101.17(E) to read: Untreated wood planks, such as cedar, may be used as a cooking surface for grilling or baking.

(rr) Amend section 4-204.14 to read: Vending Machine, Vending Stage Closure. The dispensing compartment of a vending machine including a machine that is designed to vend prepackaged snack food that is not potentially hazardous (time/temperature control for safety food) shall be equipped with a self-closing door or cover if the machine is:

(A) Located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are present in the environment; or

(B) Available for self-service during hours when it is not under the full-time supervision of a food employee.

(ss) Amend paragraph 4-301.12(A) to read: Except as specified in paragraphs (C) and (F) of section 4-301.12, a sink with at least three compartments shall be provided for manually washing, rinsing, and sanitizing equipment and utensils.

(tt) Amend subparagraph 4-301.12(C)(5) to read: In establishments licensed by the Oregon Department of Agriculture, two-compartment sinks as specified in paragraphs (D) and (E) of section 4-301.12.

(uu) Add paragraphs 4-301.12(F), (G) and (H) to read: (F) A commercial warewashing machine is allowed in lieu of a manual warewashing sink as required in section 4-301.12.

(A) For mobile food units:

(i) Class I, II and III mobile food units are not required to provide warewashing facilities on the unit, if adequate facilities exist at the commissary.

(ii) Multiple or disposable utensils may be used for food handling on the unit. There shall be at the beginning of each day’s business a sufficient supply of clean utensils necessary to properly prepare, assemble, or dispense the food. For mobile food units that do not have a warewashing sink on the unit, this supply shall consist of at least one of each type of utensil for every two hours of operation. If the unit operates less than four hours in a day, the unit shall provide a minimum of two sets of each type of utensil. Utensils shall not be used if they become contaminated.

(iii) Class IV mobile food units must provide a sink with at least three compartments.

(B) For temporary food establishments:

(i) Temporary food establishments are not required to provide warewashing facilities on the premises if multiple utensils are provided as specified in subparagraph (G)(2) of section 4-301.12 and the operator uses a licensed restaurant or commissary as a base of operation.

(vv) Amend subparagraph 4-602.11(D)(7) to read: In-use utensils are intermittently stored in a container of water in which the water is maintained at 57 degrees Celsius (135 degrees Fahrenheit) or more or 5 degrees Celsius (41 degrees Fahrenheit) or less and the utensils and container are cleaned at least every 24 hours or at a frequency necessary to preclude accumulation of soil residues.

(ww) Amend section 4-603.16 to read: Washed utensils and equipment shall be rinsed so that abrasives are removed and cleaning chemicals are removed or diluted through the use of water by using one of the following procedures.

(xx) Adopt paragraphs 4-603.16(A), (D) and (E) as written.

(yy) Amend section 4-603.17 to read:

(A) Except as specified in paragraphs (B) and (C) of this section, returned empty containers intended for cleaning and refilling with food shall be cleaned and refilled in a regulated food processing plant.

(B) A food-specific container for beverages may be refilled at a food establishment if:

(i) The design of the container and of the rinsing equipment and the nature of the beverage, when considered together, allow effective cleaning at home or in the food establishment;

(ii) Facilities for rinsing before refilling returned containers with fresh, hot water that is under pressure and not recirculated are provided as part of the dispensing system;

(iii) The consumer-owned container returned to the food establishment for refilling is refilled for sale or service only to the same consumer; and

(iv) The container is refilled by:

(I) An employee of the food establishment, or

(II) The owner of the container if the beverage system includes a contamination-free transfer process that can not be bypassed by the container owner.

(C) Consumer-owned containers that are not food-specific may be filled at a water vending machine or system.

(zz) Amend section 5-102.11 to read: Except as specified under section 5-102.12(A), water from a public water system shall meet 40 CFR 141 – National Primary Drinking Water Regulations and OAR chapter 333, division 061.P The following drinking water standards apply to licensed food establishments that are not regulated under OAR chapter 333, division 061:

(A) General Sampling Requirements:

(i) All samples required by this rule must be analyzed and collected as prescribed by OAR 333-061-0036(1)(a) and (b).P

(ii) All samples required by this rule must be analyzed by a laboratory accredited by the Oregon Environmental Laboratory Accreditation Program (ORELAP) and must be handled and documented in accordance with ORELAP standards.P

(iii) Samples submitted to laboratories for analysis shall be clearly identified with the name of the water system, facility license number, sampling date, time, sample location identifying the sample tap, the name of the person collecting the sample and whether it is a routine or a repeat sample.P

(I) Routine: These are samples collected from established sampling locations within a water system at specified frequencies to satisfy monitoring requirements as prescribed in this rule;P

(II) Repeat: These are samples collected as a follow-up to a routine sample that is positive for coliform bacteria or that exceeds the maximum contaminant level for nitrate as specified in OAR 333-061-0030(1);P

(iv) Reporting: All sample results must be submitted to the regulatory authority by the 10th of the month following the end of the applicable sampling period.P

(v) The regulatory authority may collect additional samples to determine compliance with applicable requirements of these rules.P

(B) Sampling for coliform bacteria:

(i) For seasonal establishments, one sample must be collected prior to the operational period of the facility and each subsequent calendar quarter while open to the public. A minimum of two samples shall be required for coliform, regardless of length of operation.P

(ii) For year round facilities, facilities utilizing surface water sources must collect one sample every month. Facilities utilizing groundwater sources must collect one sample every calendar quarter.P

(iii) Domestic kitchens licensed by the Oregon Department of Agriculture must test annually for coliform bacteria. If water is a major ingredient of the product, then additional water testing may be required by the regulatory authority, not to exceed the standards listed in this rule.

(C) Sampling for chemicals:

(i) Every facility must collect one arsenic sample before beginning operation for the first time. This requirement does not apply to facilities that were previously regulated under OAR chapter 333, division 061 and that have sampling results from samples collected prior to January 1, 2003.P

(ii) Every facility must collect one nitrate sample every year while open to the public.P

(D) Additional sampling may be required for coliform bacteria, arsenic, or nitrate at the discretion of the regulatory authority. It is the responsibility of the operator to correct any problems or deficiencies and to assure that water provided to the public does not present a risk to public health.P

(E) MCL Violations: An item is not considered a violation until confirmed by a second sample collected within 24 hours. For coliform bacteria, four repeat samples must be collected within 24 hours of the original positive sample.P

(i) Total coliform: Facilities must report samples positive for total coliform to the regulatory authority within 24 hours of being notified of the sample results.P

(ii) Fecal coliform: Facilities must report samples positive for E. coli to the regulatory authority within 24 hours of being notified of the sample results.P

(I) Facilities must publish public notification for this potential acute health risk as prescribed by OAR 333-061-0042.P

(II) An alternative procedure approved by the regulatory authority must be in place before serving the public.P

(iii) Facilities must report samples that exceed the MCL for nitrate as specified in OAR 333-061-0030(1) to the regulatory authority within at least 24 hours.P

(I) Public notification is required.P

(II) Bottled water must be provided to the public upon request.P

(F) Public Notice: All public notification must be posted conspicuously on site and must include:

(i) A description of the violation or situation of concern;P

(ii) Corrective actions taken to improve water quality;P

(iii) Any potential adverse health effects;P

(iv) The population at risk;P

(v) The alternative measures in place to provide safe drinking water.P

(G) Surface Water Sources: New facilities with surface water sources not regulated under OAR chapter 333, division 061 shall not be licensable after January 1, 2005. Facilities existing prior to January 1, 2005 in compliance with OAR 333-061-0032 may continue to operate.P

(H) Plan Review: All new facilities that are not regulated by OAR chapter 333, division 061 must submit plans to the regulatory authority for review prior to operation. Existing facilities must submit plans to the regulatory authority for review prior to construction or major modification of the system. Systems regulated prior to January 1, 2003 by OAR chapter 333, division 061 are not required to re-submit plans. Plan review must be conducted in accordance with the procedures specified in OAR 333-061-0060.P

(aaa) Add paragraph 5-103.11(C) to read: Hot and cold or tempered water must be provided at all handwashing sinks in the establishment.

(bbb) Amend section 5-104.12 to read:

(A) Water meeting the requirements specified under subparts 5-101, 5-102, and 5-103 of the 2009 FDA Food Code shall be made available for a mobile facility, for a temporary food establishment without a permanent water supply, and for a food establishment with a temporary interruption of its water supply through:

(i) A supply of containers of commercially bottled drinking water;

(ii) One or more closed portable water containers;

(iii) An enclosed vehicular water tank;

(vi) An on-premises water storage tank; or

(v) Piping, tubing, or hoses connected to an adjacent approved source.

(B) If approved by the local public health authority, water for single-event temporary food establishments without a permanent water supply may be obtained from a well that has been tested for coliform bacteria within 60 days prior to the event. The local public health authority may require additional testing or an evaluation of the well and premises as part of the approval process. Sampling, reporting and correction of MCL violations shall be in accordance with the applicable provisions of 5-102.11.

(C) The regulatory authority may grant a temporary variance from requirements of subparts 5-101, 5-102, and 5-103 of the 2009 FDA Food Code by continuing or re-issuing previously issued permits where:

(i) Failure to comply with the code requirements is due to a failure of a community, municipal or public utility water supply system to meet the regulatory authority’s requirements;

(ii) The regulatory authority is satisfied that necessary remedial action is ongoing or reasonably imminent in connection with such water supply system; and

(iii) Continuance or re-issuance of the permit is conditional upon the carrying out of such remedial action and the provision of such other measures by the certificate or license holder which will in the judgment of the regulatory authority afford reasonable interim protection to the public health including, but not limited to, adequate warnings to public and personnel as to the safety of the water delivered to the premises from the distribution system and notice of measures to avoid use or consumption of such water or to render it safe for consumption; adequate warnings as to the need for supervision of children and others needing supervision against use of such water; provision of alternative potable water and adequate notification as to its availability; and measures to avoid the use and the availability of water on the premises.

(ccc) Amend paragraph 5-203.11(A) to read: Except as specified in (B),(C), (D) and (E) of section 5-203.11, at least one handwashing sink or the number of handwashing sinks necessary for their convenient use by employees in areas specified under section 5-204.11 shall be provided. Food establishments opened prior to July 1, 1965 are exempt from this requirement provided that employees can meet the requirements under sections 2-301.12 and 2-301.13.

(ddd) Amend paragraph 5-203.11(C) to read: An adequate number of handwashing stations shall be provided for each temporary food establishment to include:

(A) A minimum of one enclosed container that has a minimum water capacity of five gallons;

(B) A spigot that can be opened to provide a constant flow of water;

(C) Soap;

(D) Water;

(E) Paper towels; and

(F) A collection container for wastewater with a minimum capacity of five gallons.

(eee) Add paragraph 5-203.11(D) and (E) to read: (D) For mobile food units:

(A) Class II, III and IV mobile food units must provide a handwashing sink;

(B) Notwithstanding paragraph 5-203.11(D)(i), Class II and III mobile food units licensed prior to September 4, 2012 may provide a handwashing system as described in paragraph (C) of section 5-203.11 if by January 1, 2018 the unit is upgraded to meet the requirements in paragraph 5-203.11(D)(i). There must be a minimum initial volume of five gallons of water available for handwashing at the beginning of the workday.

(C) Outdoor cooking and beverage dispensing operations must be equipped with or located adjacent to a plumbed handwashing sink. Outdoor cooking and beverage dispensing operations that are not permanently constructed may provide a handwashing system that meets the requirements of paragraph 5-203.11(C) if approved by the regulatory authority.

(fff) Amend section 5-203.12 to read:

(A) Except as specified in paragraph (B) of section 5-203.12, toilet facilities shall be installed according to ORS 455.010 through 455.895 (2010 Oregon Structure Specialty Code) for the number of toilets.

(B) Food establishments with occupancy of 15 or less to include both employees and patrons may have only one toilet fixture and adjacent lavatory on the premises.

(C) Mobile food units shall provide toilet facilities as provided for in section 6-402.11.

(ggg) Add section 5-203.13 (C) to read: For mobile food units, if wet mopping is used as a method for cleaning the floor, then a separate sink must be provided in the unit for cleaning mops and cleaning tools and for the disposal of mop water or similar liquid wastes.

(hhh) Amend paragraph 5-203.15(A) to read: If not provided with an air gap as specified under 5-202.13, a dual check valve with an intermediate vent preceded by a screen of not less than 100 mesh to 25.4 mm (100 mesh to 1 inch) shall be installed upstream from a carbonating device and downstream from any copper in the water supply line.P

(iii) Amend section 5-302.16 to read: A food grade hose shall be used for conveying drinking water from a water tank and shall be:

(jjj) Adopt paragraphs 5-302.16(A) through (E) as written.

(kkk) Add section 5-305.11 to read: Water System Requirements.

(A) A Class IV mobile food unit must have a potable water system under pressure. The system must be of sufficient capacity to furnish enough hot and cold water for food preparation, warewashing, and handwashing, and the requirements of these rules. This supply must consist of a minimum of five gallons of water for handwashing, and 30 gallons or twice the volume of the three-compartment sink, whichever is greater, of water for warewashing.P

(B) Class II and III mobile food units must have a water supply that provides sufficient water for food preparation, handwashing, warewashing or any other requirements as set forth in these rules. If warewashing is conducted on the unit, a minimum of 30 gallons or twice the volume of the three-compartment sink, whichever is greater, of water must be dedicated for this purpose. A minimum of five gallons of water must be provided for handwashing.P

(C) Except relating to handwashing as provided for in subparagragh 5-203.11(D)(2), all mobile food units must be designed with integral potable and waste water tanks on board the unit. A mobile unit may connect to water and sewer if it is available at the operating location, however, the tanks must remain on the unit at all times.

(lll) Add paragraph 5-401.11(C) to read: For a mobile food unit selling only beverages, such as coffee, espresso, or soda, and where most of the potable water supply is used in the product, the waste water retention tank may be at least one half the volume of the potable water storage tank. This determination must be made by the regulatory authority.

(mmm) Amend section 5-402.14 to read: Sewage and other liquid wastes shall be removed from a mobile food establishment at an approved waste servicing area or by a sewage transport vehicle in such a way that a public health hazard or nuisance is not created.

(A) Mobile food units that generate only gray water liquid wastes may hand-carry those wastes to a specific disposal location approved by the regulatory authority.

(B) The waste transport container must be designed and intended to hold and transport gray water without leaks or spills and have a capacity no greater than 20 gallons.

(nnn) Amend subparagraph 6-101.11(B)(2) to read: Walls and ceilings may be constructed of a material that protects the interior from the weather and windblown dust and debris. Benevolent meal sites, as defined in paragraph 1-201.10(B), are exempt from the requirement to provide ceilings or overhead protection.

(ooo) Amend paragraph 6-202.15(E) to read: Paragraph (D) of section 6-202.15 does not apply:

(A) If flying insects or other pests are absent due to the location of the establishment, the weather, or other limiting condition; and

(B) The establishment develops a pest management plan to control the presence of flying insects or other pests. The pest management plan must be approved by the regulatory authority prior to implementation.

(ppp) Amend section 6-202.19 to read: Exterior walking and driving surfaces shall be graded to drain if required by law.

(qqq) Amend section 6-202.110 to read: Outdoor Refuse Areas, Drainage. Outdoor refuse areas shall be constructed in accordance with law and shall be designed and maintained to prevent the accumulation of liquid waste that results from the refuse and from cleaning the area and waste receptacles.

(rrr) Amend section 6-202.111 to read: Except under a domestic kitchen license issued by the Oregon Department of Agriculture, a private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters may not be used for conducting food establishment operations.P

(sss) Amend section 6-402.11 to read:

(A) Except for paragraphs (B) through (F) of section 6-402.11, toilet rooms shall be conveniently located and accessible to employees during all hours of operation and shall be an integral part of the building.

(B) A food service establishment may be approved without an integral toilet room under the following conditions:

(i) An integral toilet room is not required by law; and

(ii) A toilet room is located within 500 feet of the food establishment; and

(iii) A written agreement is in place that allows the use of the toilet room; or

(iv) The food service establishment is located in an outdoor mall or shopping center.

(C) Toilet facilities for the customer are required only in establishments constructed or extensively remodeled after May 11, 1974,

(D) Food establishments limited to drive-in or handout service are not required to provide toilet rooms facilities for the customer.

(E) For mobile food units:

(i) On board toilet facilities are not applicable to most mobile food units. If the unit is not so equipped, then the mobile food unit must operate within one-quarter mile or a five-minute walk of an accessible restroom facility. Mobile food units that operate on a designated route, and which do not stop at a fixed location for more than two hours during the workday, shall be exempt from this rule.

(ii) Mobile food units that do not provide on board restroom facilities must have restroom facilities that shall be accessible to employees during all hours of operation. The restroom facilities must have a handwashing system that meets the requirements of sections 5-202.12, 6-301.11, 6-301.12, 6-301.20 and 6-302.11. Employees may use a restroom located in a private home or a portable toilet to satisfy this requirement.

(F) Food service establishments that are constructed in or adjacent to a single family residence are not required to provide a separate restroom for employees, if a restroom in the residence is available during all hours of operation. The restroom facility must meet the requirements of sections 5-202.12, 6-301.11, 6-301.12, 6-301.20 and 6-302.11.

(ttt) Amend section 6-501.111 to read: Controlling Pests.

(A) The premises shall be maintained free of insects, rodents, and other pests. The presence of insects, rodents, and other pests shall be controlled to minimize their presence on the premises by:

(i) Routinely inspecting incoming shipments of food and supplies;

(ii) Routinely inspecting the premises for evidence of pests;

(iii) Using methods, if pests are found, such as trapping devices or other means of pest control as specified under sections 7-202.12, 7-206.12, and 7-206.13; and

(iv) Eliminating harborage conditions.

(uuu) Amend section 6-501.115 to read: Prohibiting Animals.

(A) Except as specified in paragraph (B), (C), (D) and (E) of section 6-501.115, live animals may not be allowed on the premises of a food establishment.

(B) A food establishment shall permit the use of a service animal by an individual with a disability on its premises unless the service animal poses a direct threat to the health and safety of others.

(i) For purposes of section 6-501.115 the term “direct threat” means a significant risk to the health or safety of others that cannot be eliminated by modification of policies, practices, or procedures or by provision of auxiliary aids or services.

(ii) In determining whether a service animal poses a direct threat to the health or safety of others, a food establishment must make an individualized assessment, based on reasonable judgment that relies on the best available objective evidence, to ascertain: The nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures will mitigate the risk.

(iii) A food establishment may ask an individual with a disability to remove a service animal from the premises if:

(I) The animal is out of control and the animal’s handler does not take effective action to control it; or

(II) The animal is not housebroken.

(C) Live animals may be allowed in the following situations if the contamination of food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles can not result:

(i) Edible fish or decorative fish in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacean in display tank systems;

(ii) Patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas, and sentry dogs running loose in outside fenced areas;

(iii) Pets in the common dining areas of group residences at times other than during meals if:

(I) Effective partitioning and self-closing doors separate the common dining areas from food storage or food preparation areas;

(II) Condiments, equipment, and utensils are stored in enclosed cabinets or removed from the common dining areas when pets are present; and

(III) Dining areas including tables, countertops, and similar surfaces are effectively cleaned before the next meal service.

(iv) In areas that are not used for food preparation, storage, sales, display, or dining, in which there are caged animals or animals that are similarly restricted, such as in a variety store that sells pets or a tourist park that displays animals.

(D) Live or dead fish bait may be stored if contamination of food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles can not result.

(E) Pet dogs may be allowed in outside seating areas of a food establishment under the following conditions:

(i) The food establishment prepares written procedures that include:

(I) A diagram of the outdoor area to be designated as available to consumers with pet dogs;

(II) The establishment’s procedure for ensuring that employees do not touch, pet or otherwise handle pet dogs and for immediately cleaning accidents involving dog waste. The procedure must also describe the location of materials and equipment necessary to clean up accidents involving dog waste; and

(III) The establishment’s procedure for notifying employees and consumers of the requirements of this paragraph.

(ii) Pet dogs may not come into contact with serving dishes, utensils and tableware. Pet dogs are also not allowed on chairs, tables and other furnishings.

(iii) Employees and consumers may not provide food to pet dogs.

(iv) Pet dogs must be on a leash and under control of the consumer at all times.

(v) At no time may pet dogs be permitted to travel through the indoor or non-designated outdoor portions of the food establishment.

(vvv) Amend subparagraph 7-202.12(A)(4) to read: Additional conditions that may be established by the regulatory authority;P and

(www) Add paragraph 8-101.10(C) to read: Plans submitted shall be reviewed and commented on by an environmental health specialist registered in accordance with ORS chapter 700.

(xxx) Amend section 8-103.10 to read:

(A) The Authority may grant a variance from requirements of this code as follows:

(i) Where it is demonstrated to the satisfaction of the Authority that strict compliance with the rule would be highly burdensome or impractical due to special condition or cause;

(ii) Where the public or private interest in the granting of the variance is found by the Authority to clearly outweigh the interest of the application of uniform rules; and

(iii) Where such alternative measures are provided which in the opinion of the Authority will provide adequate public health and safety protection.

(B) Such variance authority is not conferred upon any Local Public Health Authority notwithstanding contractual authority in administration and enforcement of the food service statutes and rules;

(C) The applicant must include all necessary information to support the variance request, which may include, but is not limited to, required testing, challenge data and research results;

(D) If a variance is granted, the regulatory authority shall retain the information specified under section 8-103.11 in its records for the food establishment;

(E) The Authority shall review variances at least triennially;

(F) Revocation or denial of the variance request shall be subject to the appeal process provided under ORS chapter 183.

(yyy) Add paragraph 8-103.11(D) to read: If required by the regulatory authority, provide documentation that a recognized process authority has reviewed the variance request and approved the process. Any necessary or required training or documentation must be successfully completed prior to variance approval.

(zzz) Add paragraph 8-201.11(D) to read: Notwithstanding paragraphs (A) through (C) of section 8-201.11, vending machines having the sanitary approval of the National Automatic Merchandizing Association shall be exempt from the requirement to submit plans for review and approval.

(aaaa) Amend paragraph 8-302.14(A) to read: The name, mailing address, telephone, number, and signature of the person applying for the permit and the name, mailing address, and location of the food establishment;

(bbbb) Amend paragraph 8-303.30(C) to read: Advisement of the applicant’s right of appeal and the process and time frames for appeal that are provided under ORS chapter 183.

(cccc) Amend paragraph 8-304.10(A) to read: (A) At the time a permit is first issued, the regulatory authority shall provide to the permit holder information on how to obtain a copy of this code so that the permit holder is notified of the compliance requirements and the conditions of retention, as specified under section 8 304.11, that are applicable to the permit.

(dddd) Amend subparagraph 8-304.11(G)(2) to read: The regulatory authority directs the replacement to meet current code requirements after the food establishment has been closed for a minimum of six consecutive months, or

(eeee) Amend paragraph 8-304.11(I) to read: Accept notices issued and served by the regulatory authority as may be authorized under ORS chapter 183 and chapter 624; and

(ffff) Amend paragraph 8-304.11(J) to read: Be subject to the administrative, civil, injunctive, and criminal remedies as may be authorized under ORS chapter 183 and chapter 624.

(gggg) Amend paragraph 8-401.10(C) to read: For temporary food establishments:

(A) Except for subparagraph (C)(2) of section 8-401.10, the regulatory authority shall inspect at least once during the operation of a temporary food establishment.

(B) For benevolent single-event temporary food establishments, the regulatory authority shall either:

(i) Inspect; or

(ii) Provide a consultation.

(hhhh) Amend paragraph 8-403.10(A) and (B) to read:

(A) Administrative information about the food establishment’s legal identity, street and mailing addresses, type of establishment and operation as specified under 8-302.14(C), inspection date, and employee food handler certificates; and

(B) Specific factual observations of violative conditions or other deviations from this code that require correction by the permit holder including:

(i) Failure of the person in charge to demonstrate the knowledge of foodborne illness prevention, application of HACCP principles, and the requirements of this code as specified under section 2-102.11;

(ii) Failure of food employees, conditional employees, and the person in charge to report a disease or medical condition as specified under section 2-201.11;

(iii) Nonconformance with priority items or priority foundation items of this code;

(iv) Failure of the appropriate food employees to demonstrate their knowledge of, and ability to perform in accordance with, the procedural, monitoring, verification, and corrective action practices required by the regulatory authority as specified under section 8-103.12;

(v) Failure of the person in charge to provide records required by the regulatory authority for determining conformance with a HACCP plan as specified under subparagraph 8-201.14(D)(6); and;

(vi) Nonconformance with critical limits of a HACCP plan.

(iiii) Amend section 8-403.20 to read: The regulatory authority shall specify on the inspection report form the time frame for correction of the violations as specified under sections 8-404.11, and 8-405.11.

(jjjj) Amend paragraph 8-405.11(B) to read: Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the regulatory authority may agree to or specify a longer time frame, not to exceed 14 calendar days after the inspection, for the permit holder to correct violations of a priority item or priority foundation item or HACCP plan deviations.

(kkkk) Amend paragraph 8-501.20(C) to read: (C) Closing the food establishment by summarily suspending a permit to operate as may be provided under ORS chapter 624.

(llll) Amend paragraph 8-501.30(C) to read: (C) States that the suspected food employee or the permit holder may request an appeal hearing by submitting a timely request as provided under ORS chapter 183.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 624.100, 624.390
Stats. Implemented: ORS 624.100, 624.390
Hist.: HD 20-1986, f. 12-22-86, ef. 2-2-87; HD 6-1989, f. 9-6-89, cert. ef. 9-7-89; HD 10-1992, f. 10-2-92, cert. ef. 10-5-92; HD 19-1994, f. & cert. ef. 7-1-94; HD 16-1995, f. 12-28-95, cert. ef. 1-1-96; OHD 24-2001, f. 10-31-01, cert. ef. 1-1-02; OHD 11-2002, f. & cert. ef. 8-7-02; PH 5-2004(Temp), f. & cert. ef. 2-13-04 thru 7-30-04; PH 15-2004, f. & cert. ef. 4-9-04; PH 1-2005, f. & cert. ef. 1-14-05; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 3-2008, f. & cert. ef. 3-5-08; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-157-0000

Inspection Form Procedures

(1) The Local Public Health Authority shall document violations observed during any sanitation inspection by including the following information on the form approved by the Authority:

(a) The number of the related item on the inspection form;

(b) The point value associated with the item including penalty additions;

(c) Oregon Administrative Rule or Oregon Revised Statute number violated; and

(d) A brief statement of the specific problem and required corrections.

(2) Calculation of Points:

(a) Three point priority foundation items shall be given an additional three point weight when a repeat violation is observed.

(b) Five point priority items shall be given an additional five point weight when a repeat violation is observed.

(c) Additional points shall accumulate and be added to the value of uncorrected items that are repeat violations.

(d) Each three point priority foundation item can accumulate to six points.

(e) Each five point priority item can accumulate to 10 points.

(3) Violations creating a potential danger to public health shall be recorded as in section (1) of this rule and shall specify:

(a) Any alternative procedure as may be approved, the time limit for its use, and that the alternative procedure must be implemented immediately; and

(b) The corrections to be made and the time limit by which the corrections shall be made. In the case where an alternative procedure has not been approved, the time limit by which the correction must be made shall be within but not to exceed 14 days.

(4) Violations creating an imminent or present danger to public health shall be recorded as required in sections (1) and (3) of this rule except when no alternative procedure is approved, the correction shall be required immediately.

(5) If a restaurant obtains a sanitation score of less than 70 upon an unannounced complete inspection, the operator or person in charge shall be notified by a statement on the inspection form that the restaurant shall be closed, if the score of another complete inspection conducted within 30 days is not 70 or above.

(6) Violations creating a significantly increased risk for food borne illness shall require a recheck inspection if found on consecutive complete inspections, and for the purposes of enforcement shall be considered uncorrected.

(7) If a restaurant is ordered closed, the closure order as designated by the Authority shall be attached to the inspection form and delivered to the operator or person in charge.

Stat. Auth.: ORS 624.100
Stats. Implemented: ORS 624.100 – 624.130
Hist.: HD 20-1986, f. 12-22-86, ef. 2-2-87; HD 19-1994, f. & cert. ef. 7-1-94; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-157-0010

Approved Alternative Procedures

(1) An alternative procedure may be approved on a temporary basis for a designated time period, if in the judgment of the environmental health specialist the procedure provides interim health and safety protection equal to that provided by the rule. The environmental health specialist may extend the designated time period if justified by unforeseen circumstances. Such an alternative procedure shall not authorize or condone any priority item or priority foundation item violation.

(2) All alternative procedures that have been approved shall be implemented immediately.

Stat. Auth.: ORS 624.100
Stats. Implemented: ORS 624.100 – 624.130
Hist.: HD 20-1986, f. 12-22-86, ef. 2-2-87; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-157-0020

Public Notice of Restaurant Sanitation

(1) The notice of restaurant sanitation shall be based upon the sanitation score calculated on the inspection form at the end of each unannounced complete inspection and shall be posted at a customary entrance to the establishment. If, upon recheck inspection, any priority item or priority foundation item violation listed on the inspection form is not corrected within the designated time limit, the notice of restaurant sanitation posted at the end of the unannounced complete inspection shall be removed, the notice of closure posted, and closure action taken.

(2) A notice of restaurant sanitation that states that the establishment “Complied with the Acceptable Sanitation Standards” shall be assigned to a restaurant that obtains a sanitation score of 70 or more in an unannounced complete inspection provided all priority item and priority foundation item violations have been corrected or remedied by approved alternative procedures. Upon recheck inspection, any uncorrected priority item or priority foundation item violations shall cause the notice of restaurant sanitation to be removed, the notice of closure to be posted, and closure action taken.

(3) A notice of restaurant sanitation that states that the establishment “Failed to Comply with the Acceptable Sanitation Standards” shall be assigned to a restaurant that obtains a sanitation score of less than 70 in an unannounced complete inspection provided all priority item and priority foundation item violations have been corrected or remedied by approved alternative procedures. Such a notice of restaurant sanitation shall remain until the facility is closed or until a sanitation score of 70 or more is obtained upon another inspection conducted within 30 days.

Stat. Auth.: ORS 624.073
Stats. Implemented: ORS 624.085
Hist.: HD 20-1986, f. 12-22-86, ef. 2-2-87; HD 19-1988, f. 7-27-88, cert. ef. 10-1-88; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-157-0030

Closure of Restaurants

(1) If the administrator closes a restaurant, a statement by the Authority ordering closure and specifying the reasons therefore, and signed by the administrator, shall be attached to the inspection form and delivered to the operator or person in charge:

(a) When a restaurant is closed, the administrator shall post the notice of closure at a customary entrance;

(b) No person except the administrator shall remove or alter this notice;

(c) No person shall operate a restaurant that has been closed.

(2) If a violation which creates an imminent or present danger to public health is not corrected immediately or an approved alternative procedure is not initiated immediately by the operator, the restaurant shall be closed.

(3) If a violation which creates a potential danger to public health has not been corrected within the designated time limit, the restaurant shall be closed.

(4) When a restaurant has been closed because a priority item or priority foundation item violation(s) has not been corrected, it may be reopened after 24 hours if:

(a) A recheck inspection by the administrator confirms that all priority item and priority foundation item violations have been corrected; and

(b) A closure dismissal order designated by the Authority is delivered to the operator or person in charge; and

(c) The closed sign previously posted is removed by the administrator;

(d) A restaurant may be reopened earlier than 24 hours following a voluntary meeting attended by the restaurant operator or person in charge, the administrator, and the inspecting environmental health specialist, at which the provisions of subsections (4)(a) through (c) of this rule are demonstrated to be met;

(e) A restaurant closed and reopened as described in this subsection shall be assigned a notice of restaurant sanitation based on the sanitation score of the unannounced complete inspection that identified the priority item and priority foundation item violations causing the closure.

(5) If a restaurant has obtained a sanitation score of less than 70 on two consecutive complete inspections conducted within 30 days as described in OAR 333-157-0000(5), it shall be closed.

(6) When a restaurant has been closed for failure to obtain a minimum acceptable sanitation score of 70 or more, it may be reopened after 24 hours if:

(a) The operator submits a written plan of correction, specifying the corrections to be made and time limits for their completion, which would achieve a sanitation score of 80 points by the next semi-annual inspection; and

(b) The plan of correction is approved by the administrator; and

(c) A complete inspection after the restaurant has been closed produces a sanitation score of 70 or more.

(d) A closure dismissal order designated by the Authority is delivered to the operator or person in charge; and

(e) The closed sign previously posted is removed by the administrator;

(f) A restaurant may be reopened earlier than 24 hours following a voluntary meeting attended by the restaurant operator or person in charge, the administrator, and the inspecting environmental health specialist, at which the provision of subsections (6)(a) through (e) of this rule are demonstrated to be met;

(g) A restaurant closed and reopened as described in this subsection shall be assigned a notice of restaurant sanitation based on the sanitation score of the complete inspection performed while the restaurant was closed.

(7) Appeals of closures are contested cases pursuant to ORS chapter 183.

(8) Operators whose facilities have been closed for failure to obtain a minimum acceptable sanitation score of 70 or more, or for failure to correct repeat priority item or priority foundation item violations must agree in writing, as part of reopening the restaurant, to:

(a) Enroll in and successfully complete an approved food manager training course; or

(b) In the event that an extraordinary situation exists whereby an approved food manager training course is not available to the operator, the administrator shall make provision for an alternative type of food manager training using criteria approved by the Authority.

Stat. Auth.: ORS 624.100
Stats. Implemented: ORS 624.100 – 624.130
Hist.: HD 20-1986, f. 12-22-86, ef. 2-2-87; HD 19-1994, f. & cert. ef. 7-1-94; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-157-0040

Display of Public Notice of Restaurant Sanitation

It shall be unlawful for any restaurant to display a Public Notice of Restaurant Sanitation other than the one awarded by the administrator. It shall be unlawful for anyone except the administrator to post, change, remove, or deface a Public Notice of Restaurant Sanitation.

Stat. Auth.: ORS 624.060 & 624.073
Stats. Implemented: ORS 624.060 & 624.073
Hist.: HD 20-1986, f. 12-22-86, ef. 2-2-87; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-157-0045

Civil Penalties

(1) The Authority or a Local Public Health Authority may impose civil penalties on any person for the following willful violations:

(a) Operation of a restaurant, bed and breakfast facility or vending machine without a current license to do so from the Authority or the Local Public Health Authority;

(b) Failure to cease operation of a restaurant, bed and breakfast facility or vending machine that has been closed due to uncorrected priority item violations. This authority shall be limited to those priority item violations identified as creating an imminent or present danger to public health and defined in OAR 333-150-0000 Section 1-201.10.

(2) For the purposes of section (1) of this rule, the term ‘willful’ means intentional or deliberate.

(3) The maximum civil penalty for each of the violations listed in section (1) of this rule is $500 per day of violation.

(4) Civil penalties shall be imposed in the manner provided by ORS chapter 183 or the equivalent.

Stat. Auth.: ORS 624.100
Stats. Implemented: ORS 624.100 – 624.130
Hist.: HD 15-1995, f. 12-28-95, cert. ef. 1-1-96; OHD 18-2002, f. 12-4-02, cert. ef. 1-1-03; PH 5-2004(Temp), f. & cert. ef. 2-13-04 thru 7-30-04; PH 15-2004, f. & cert. ef. 4-9-04; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-157-0070

Licensing

Any license issued by the Authority pursuant to ORS chapter 624 shall expire and may be reinstated on December 31 of each year; except for temporary restaurant licenses issued pursuant to ORS 624.082, 624.084 and 624.086.

Stat. Auth.: ORS 624.100
Stats. Implemented: ORS 624.100 – 624.130
Hist.: HD 20-1986, f. 12-22-86, ef. 2-2-87; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-157-0077

Temporary Restaurant Licensing and Inspection

(1) A person may not operate a single-event, intermittent or seasonal temporary restaurant without first procuring a license to do so from the Local Public Health Authority.

(2)(a) Application for an intermittent or seasonal temporary restaurant license shall be in writing in the form prescribed by the Authority and shall contain the name and address of the applicant, the specific location of the intermittent or seasonal temporary restaurant, a description of the public gatherings, entertainment events, food product promotions or other events to be served by the intermittent or seasonal temporary restaurant, an operational review and any other information the Authority may require. In addition to the application the applicant for an intermittent or seasonal temporary restaurant license shall pay to the Local Public Health Authority the appropriate license fee under ORS 624.490.

(b) The Local Public Health Authority shall issue a license to a benevolent organization to operate a single-event temporary restaurant if the benevolent organization has notified the Local Public Health Authority orally or in writing that the benevolent organization intends to operate a single-event temporary restaurant. A Local Public Health Authority may not charge a benevolent organization a license fee or inspection fee for a single-event temporary restaurant.

(3)(a) Intermittent and seasonal temporary restaurants must complete and submit an operational plan for review by the Local Public Health Authority prior to obtaining a license and operation of the establishment.

(b) Intermittent and seasonal temporary restaurants that do not complete an operational plan prior to operation may operate under one or more single-event temporary licenses until the operational plan can be completed and approved.

(c) After the operational plan has been completed by the Local Public Health Authority, another operational plan is not required for subsequent licenses, unless deemed necessary by the Local Public Health Authority.

(4) The single-event, intermittent or seasonal temporary restaurant license shall be posted in a conspicuous place on the premises of the licensee.

(5) An intermittent temporary restaurant license shall expire 30 days after issuance.

(6) A seasonal temporary restaurant license shall expire 90 days after issuance.

(7) A single-event temporary restaurant license shall terminate 30 days after issuance unless within 30 days the single-event temporary restaurant is discontinued or moved from the specific location for which the license was issued.

(8) An intermittent or seasonal temporary license shall terminate immediately if:

(a) The intermittent or seasonal temporary restaurant prepares or serves food for consumption by the public that is not in connection with a public gathering, entertainment event, food product promotion or other event held by an oversight organization;

(b) The location of the intermittent or seasonal temporary restaurant changes; or

(c) The menu is substantially altered as defined by OAR 333-157-0073(6).

(d) If a licensed operation undergoes a substantial menu alteration, then a new license and completed operational plan is required.

(9) If the license of an intermittent or seasonal temporary restaurant is terminated under section (8) of this rule, the intermittent or seasonal temporary restaurant may reapply for a license in accordance with section (2) of this rule.

(10) The Local Public Health Authority may suspend, deny or revoke a single-event, intermittent or seasonal temporary restaurant license if it appears, after a reasonable time has been given for correction of a sanitation violation, that the applicant does not meet applicable minimum sanitation standards as described in ORS 624.010 through 624.121 or in OAR 333-150-0000. Any suspension, denial or revocation action shall be taken in accordance with ORS chapter 183.

(11) The Local Public Health Authority may conduct a reinspection of a seasonal or intermittent temporary restaurant if a priority item or priority foundation item violation is uncorrected and a separate follow-up visit is necessary to determine compliance.

(12) A seasonal or intermittent temporary restaurant that has uncorrected priority item and priority foundation item violations and for which an alternative procedure has not been approved shall be closed in accordance with ORS 624.096.

(13) The renewal of a single-event, intermittent or seasonal temporary restaurant license shall be in accordance with section (2) of this rule.

Stat. Auth.: ORS 624.041
Stats. Implemented: ORS 624.041 & 2011 OL Ch. 664
Hist.: PH 3-2012, f. 2-29-12, cert. ef. 3-1-12; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-157-0080

Fees

(1) Fees for eating and drinking establishments and other food service activities subject to ORS chapter 624 shall be as specified in ORS chapter 624.

(2) Any restaurant providing food or beverage solely to children, elderly persons, indigent or other needy populations shall not be required to pay a restaurant license fee to the Authority if such restaurant is:

(a) Operated by a benevolent organization as defined in ORS 624.101; and

(b) The patrons or recipients are not required to pay the full cost of the food or beverage.

(3) A restaurant that meets the criteria in section (2) of this rule must still obtain a restaurant license and must comply with OAR 333-150-0000.

Stat. Auth.: ORS 624.100
Stats. Implemented: ORS 624.100 – 624.130
Hist.: HD 20-1986, f. 12-22-87, ef. 2-2-87; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-158-0000

Licensing and Inspections

The licensing of combination facilities shall be the responsibility of either the Authority or the Oregon Department of Agriculture in accordance with the following criteria:

(1) The establishments subject to these rules are those combination facilities as defined in OAR 333-150-0000 1-201.10(B).

(2) A determination shall be made for each firm covered in OAR 333-150-0000 1-201.10(B) as to which agency shall inspect and license. The determination shall be based upon which agency has statutory responsibility and authority for the predominant activities of the firm.

(3) In those instances where it is determined that either a full or limited service restaurant or other activity for which the Authority has authority, is predominant, the Authority shall perform the inspectional and licensing responsibilities to the exclusion of the Oregon Department of Agriculture.

(4) In those instances where it is determined that the bakery, retail grocery, food processing or other activities for which the Oregon Department of Agriculture has authority, is predominant, the Oregon Department of Agriculture shall perform the inspectional and licensing responsibilities to the exclusion of the Authority.

(5) The determination of the predominant activity at any combination facility subject to this agreement shall be made first by the field environmental health specialists. If agreement is not reached, then it shall be referred to program supervisors of the Local Public Health Authority and the Oregon Department of Agriculture for a determination of predominant activity. If an agreement is not reached among the Local Public Health Authority and the Oregon Department of Agriculture, or if a licensed facility disagrees with the determination, the matter may be appealed to an arbitration panel composed of the administrator of the Food and Dairy Division (or appointee), the administrator of the Center for Health Protection (or appointee), and one representative each from the Conference of Local Health Officials, an association representing the restaurant industry and an association representing the retail grocery industry. The decision of this panel shall be final except as provided in section (6) of this rule.

(6) Any licensee wishing to contest the determination of predominance by agencies may produce records of gross annual sales to support the protest and be heard by the Local Public Health Authority in accordance with ORS chapter 183.

(7) Notwithstanding sections (2) through (6) of this rule, if the Local Public Health Authority and the Oregon Department of Agriculture agree that the complexity rather than the predominance of food processing activities should determine the regulating agency, inspectional and licensing responsibilities may be transferred to the Oregon Department of Agriculture to the exclusion of the Local Public Health Authority.

Stat. Auth.: ORS 624.530
Stats. Implemented: ORS 624.530
Hist.: HD 20-1986, f. 12-22-86, ef. 2-2-87; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-162-0020

Mobile Food Units, General Requirements

(1) Mobile food units shall comply with the applicable requirements in OAR 333-150-0000 and these rules. The Authority may impose additional requirements to protect against health hazards related to the conduct of the mobile food unit operation and may prohibit the sale of potentially hazardous food.

(2) There are four types of mobile food units:

(a) Class I. These mobile food units can serve only intact, packaged foods and non-potentially hazardous drinks. No preparation or assembly of foods or beverages may take place on the unit. Non-potentially hazardous beverages must be provided from covered urns or dispenser heads only. No dispensed ice is allowed;

(b) Class II. These mobile food units may serve foods allowed under Class I and provide hot and cold holding display areas from which unpackaged foods are displayed. Self-service by customers of unpackaged foods is not allowed. Preparation, assembly or cooking of foods is not allowed on the unit;

(c) Class III. These mobile food units may serve any food item allowed under Class I and II mobile food units, and may cook, prepare and assemble food items on the unit. However, cooking of raw animal foods on the unit is not allowed;

(d) Class IV. These mobile food units may serve a full menu.

(3) All operations and equipment shall be an integral part of the mobile food unit. This does not preclude the use of a barbecue unit used in conjunction with a Class IV mobile food unit. The barbecue, however, may only be used under the following conditions:

(a) It must be used in close proximity to the mobile food unit;

(b) Food shall only be cooked on the barbecue. Processing, portioning, preparation, or assembly of food must be conducted from inside the mobile food unit; and

(c) A handwashing system shall be provided adjacent to the barbecue as specified in OAR 333-150-0000 section 5-203.11(C).

(4) Mobile food unit operators may provide seating for customers if a readily accessible restroom is provided. The restroom must have a handwashing facility that provides hot and cold running water and meets the requirements of OAR 333-150-0000 sections 6-301.11, 6-301.12, 6-301.20 and 6-302.11.

(5) Auxiliary storage may be provided if it is limited to impervious, nonabsorbent, covered containers stored in such a manner as to preclude contamination or infestation. Auxiliary storage shall be limited to items necessary for that day’s operation. No self-service, assembly or preparation activities may occur from auxiliary storage containers.

Stat. Auth.: ORS 624.390
Stats. Implemented: ORS 624.390

HD 7-1994, f. & cert. ef. 2-24-94; HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-162-0880

Licensing Procedure

(1) All procedures shall be in accordance with ORS chapter 624 in the licensure of mobile food units, commissaries and warehouses. Any license issued by the Authority pursuant to ORS 624.320 shall expire and may be reinstated on December 31 of each year.

(2) A permanent license number shall be assigned each operator of mobile food units by the regulatory authority.

(3) Each mobile food unit shall be clearly marked with the licensee’s name or a distinctive identifying symbol. The lettering shall be at least two inches in height and of a color contrasting with the background color. If a symbol is used, it shall be at least 12 inches in diameter or of an equivalent size. An accurate scale drawing or photograph of the symbol shall be filed with the regulatory authority.

(4) Each mobile food unit shall be clearly marked with a number for purposes of identifying each unit on inspection reports and other communications.

(5) Stored units are not subject to licensure.

(6) All vehicles used as mobile food units shall be kept in good repair and in a sanitary condition while in use.

Stat. Auth.: ORS 624.390
Stats. Implemented: ORS 624.390
Hist.: HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-162-0890

Inspection Form Procedures

(1) Violations that are observed during any sanitation inspection by the Local Public Health Authority shall be described in the space provided on a form approved by the Authority by citing the Oregon Revised Statute or Oregon Administrative Rule number violated, and by giving a brief statement of the specific problem and required corrections.

(2) Priority item or priority foundation item violations shall result in closure of a mobile food unit, commissary or warehouse if the administrator determines that an imminent danger to public health exists, and that the violation cannot be corrected immediately or an approved alternative procedure has not been implemented. For priority item or priority foundation item violations not resulting in closure, the time limit by which the correction must be made shall be within but not to exceed 14 days.

(3) Violations other than those specified in section (2) of this rule shall be corrected by the next semi-annual inspection.

(4) If a mobile food unit, commissary or warehouse is ordered closed, the reason for closure shall be stated on the inspection form and signed by the administrator.

Stat. Auth.: ORS 624.390
Stats. Implemented: ORS 624.390
Hist.: HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-162-0910

Closure of Mobile Food Units, Commissaries or Warehouses

(1) If the administrator closes a mobile food unit, commissary or warehouse, a statement by the Authority shall be made on the inspection form specifying the reasons for closure. The inspection form must be signed and delivered to the operator or person in charge within 24 hours.

(2) When a mobile food unit is closed, the administrator shall post the inspection report on the unit. When a commissary or warehouse is closed, the administrator shall post the inspection report inside the facility. No person except the administrator shall remove or alter this inspection report, or operate a mobile food unit that has been closed.

(3) If a priority item or priority foundation item violation presenting an imminent danger to public health is not corrected immediately or an approved alternative procedure has not been implemented, the mobile food unit, commissary or warehouse shall be closed.

(4) If a priority item or priority foundation item violation that does not result in immediate closure at the time of the semi-annual inspection has not been corrected within the designated time limit, the mobile food unit, commissary or warehouse shall be closed.

(5) When a mobile food unit, commissary or warehouse has been closed because a priority item or priority foundation item violation has not been corrected, it may be reopened if a recheck inspection by the administrator confirms that all priority item or priority foundation item violations have been corrected.

(6) The administrator shall, if requested, hold a hearing in accordance with ORS chapter 183.

Stat. Auth.: ORS 624.390
Stats. Implemented: ORS 624.390
Hist.: HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-162-0920

Plan Review

(1) Newly constructed or extensively remodeled mobile food units, commissaries and warehouses must undergo plan review and a pre-operational inspection. Mobile food units having the sanitary approval of a recognized qualified, independent testing laboratory, or approved by the Authority may be accepted without the submission of plans.

(2) Approval from the administrator to operate after the plan review process does not preclude obtaining required permits or approvals from other agencies or jurisdictions of concern.

(3) Mobile food unit operators must obtain approval from the administrator to add to or change menu items served from the mobile food unit;P

(4) Mobile food units that operate on a fixed route must provide an itinerary to the regulatory authority prior to licensure and at the beginning of each licensing period. Mobile food units operating at a specific or multiple locations shall provide a list of all locations to the regulatory authority.

Stat. Auth.: ORS 624.390
Stats. Implemented: ORS 624.390
Hist.: HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-162-0950

Memorandum of Commissary or Warehouse Usage/Verification

A Memorandum of Commissary or Warehouse Usage/Verification shall be on file with the administrator for mobile units using a licensed food service facility as a commissary or warehouse. This memorandum shall be on a form approved by the Authority, and be updated at least once per year.

Stat. Auth.: ORS 624.390
Stats. Implemented: ORS 624.390
Hist.: HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-162-1005

Civil Penalties

(1) The Authority or a Local Public Health Authority may impose civil penalties on any person for the following willful violations:

(a) Operation of a mobile food unit, commissary, or warehouse without a current license to do so from the Authority or Local Public Health Authority;

(b) Failure to cease operation of a mobile food unit, commissary, or warehouse that has been closed due to uncorrected priority item violations. This authority shall be limited to those priority item violations identified as creating an imminent or present danger to public health and defined in OAR 333-150-0000 section 1-201.10(B).

(2) For the purposes of section (1) of this rule, the term ‘willful’ means intentional or deliberate.

(3) The maximum civil penalty for each of the violations listed in section (1) of this rule is $500 per day of violation.

(4) Civil penalties shall be imposed in the manner provided by ORS chapter 183 or the equivalent.

Stat. Auth.: ORS 624.992
Stats. Implemented: ORS 624.992
Hist.: HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-170-0010

Application of Rules

(1) Except as otherwise set forth in ORS 624.041 and these rules, bed and breakfast facilities shall meet the applicable requirements in OAR 333-150-0000 of the Oregon Food Sanitation Rules.

(2) If more than nine bedrooms or accommodations for 19 or more persons are available on a daily basis, commercial grade dishwashing and separate refrigeration equipment must be provided.

Stat. Auth.: ORS 624.100
Stats. Implemented: ORS 624.100
Hist.: HD 6-1988, f. & cert. ef. 4-4-88; HD 2-1992, f. 3-24-92, cert. ef. 3-30-92; OHD 11-2002, f. & cert. ef. 8-7-02; PH 5-2004(Temp), f. & cert. ef. 2-13-04 thru 7-30-04; PH 15-2004, f. & cert. ef. 4-9-04; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-170-0110

Food Source

All food intended for consumption by guests shall meet the Oregon Department of Agriculture requirements as being obtained from an approved source. The use of home canned foods and meat and dairy products from unapproved sources is prohibited, and the storage of such food items shall not be allowed in any area where food is prepared or served to guests.

Stat. Auth.: ORS 624.041
Stats. Implemented: ORS 624.041
Hist.: HD 6-1988, f. & cert. ef. 4-4-88; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-170-0130

Toilet and Handwashing Facilities

Toilet and handwashing facilities in bed and breakfast facilities shall comply with OAR 333-150-0000 of the Oregon Food Sanitation Rules except as follows:

(1) Bed and breakfast facilities are exempt from OAR 333-150-0000 sections 5-203.12 and 6-402.11 provided an employee restroom can be designated during meal preparation and service, and guests’ restrooms are available. New toilet facilities shall be installed according to the Oregon State Plumbing Specialty Code.

(2) Notwithstanding OAR 333-150-0000 section 4-501.16, handwashing facilities may be designated at a sink compartment used for dishwashing provided this sink is not being used to store or wash soiled dishes or prepare food during food preparation and service. Handwashing facilities, in the kitchen, shall be available at all times during food preparation and service. If facility operation results in handwashing facilities being unavailable, then a separate handwashing lavatory in the food preparation area shall be required.

(3) Handwashing signs are required to be properly posted at all sinks designated for employee handwashing.

(4) Guests’ restrooms not designated for food service worker use do not need to comply with Oregon Food Sanitation Rules.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 624.041
Stats. Implemented: ORS 624.041
Hist.: HD 6-1988, f. & cert. ef. 4-4-88; OHD 11-2002, f. & cert. ef. 8-7-02; 5-2004(Temp), f. & cert. ef. 2-13-04 thru 7-30-04; PH 15-2004, f. & cert. ef. 4-9-04; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-175-0051

Content of Food Handler Training Programs

The concept of foodborne illness shall be introduced. The training shall address personal hygiene, contamination, and temperature control to reinforce the notion that the food handler’s behaviors can prevent foodborne illness. The following learning objectives must be included in the food handler training program:

(1) Foodborne Illness.

(a) The food handler shall be able to describe foodborne illness as an illness resulting from eating contaminated food.

(b) The food handler shall know food contaminated with organisms (known to cause illness) does not look, smell or taste different from food not contaminated.

(c) The food handler shall know that symptoms vary and may include diarrhea, vomiting, fever, cramping and nausea.

(d) The food handler shall know that depending on the cause, symptoms may develop in a few minutes to several days. Symptoms may last several days and can result in death.

(e) The food handler shall know that foodborne illness is caused by organisms known to cause illness, or is caused by chemicals.

(2) The Role of the Food Handler in Foodborne Illness.

(a) The food handler shall be able to describe the five major mistakes that cause foodborne illness. The five major mistakes are:

(A) Inadequate handwashing;

(B) Employees working while ill;

(C) Cross contamination;

(D) Inadequate final cooking temperatures; and

(E) Inadequate temperature control (allowing foods to be in the danger zone).

(b) The food handler shall be able to describe the activities performed by food handlers that prevent foodborne illness from happening. The activities that prevent foodborne illness are:

(A) Proper handwashing every time hands may have become contaminated;

(B) Food handlers working only when healthy;

(C) Storing and handling of foods in a manner to prevent contamination;

(D) Cook each animal product to its required final cooking temperature; and

(E) Maintaining hot and cold temperatures (keeping foods out of the danger zone).

(3) The Role of Management.

(a) The food handler shall know that the manager sets the tone of what food safety activities occur or don’t occur within the facility.

(b) The food handler shall know that the food service management is responsible for training and ensuring that food handlers practice the activities that prevent foodborne illness.

(4) Handwashing.

(a) The food handler shall be able to identify the following as the correct technique for handwashing:

(A) Use warm water and soap;

(B) Scrub hands thoroughly (approximately 15-20 seconds); and

(C) Dry hands with single-use towel, cloth towel roll or air dryer.

(b) The food handler shall be able to identify the following situations for when food handlers must wash their hands:

(A) After handling raw food;

(B) After smoking, eating, or drinking;

(C) After handling dirty dishes or garbage;

(D) After cleaning or using other toxic materials; and

(E) Before putting on gloves.

(c) The food handler shall be able to identify the following situations for when food handlers must wash their hands twice:

(A) After using the toilet and again when entering the work area (double handwash);

(B) After blowing nose, sneezing, coughing, or touching eyes, nose or mouth (double handwash);

(C) Before starting work (double handwash); and

(D) Anytime hands come into contact with bodily fluids including cuts and burns (double handwash).

(d) The food handler shall know that food service gloves are capable of spreading germs and do not substitute for proper handwashing.

(e) The food handler shall know that smoking, eating, and chewing tobacco is prohibited in food preparation and food and utensil storage areas.

(5) Employee Illness.

(a) The food handler shall know to call the person in charge at the food service facility when ill with diarrhea, vomiting, fever, jaundice or sore throat with fever.

(b) The food handler shall know to not work in the food service facility while ill with these symptoms.

(c) The food handler shall know after experiencing vomiting or diarrhea that he or she must not work in food service for 24 hours after symptoms have gone.

(d) The food handler shall know to not handle food with an infected cut or infected burn on the hands and wrists, unless an impermeable cover protects the lesion and a single-use glove is worn over the impermeable cover.

(6) Contamination and Cross Contamination.

(a) The food handler shall be able to define and identify physical contamination as foreign objects accidentally introduced into food. Food items may arrive already contaminated with dirt, and pebbles.

(b) The food handler shall be able to define and identify cross contamination as happening when microorganisms are transferred from one food or surface to another food.

(c) The food handler shall be able to identify methods to prevent cross contamination such as wash, rinse, and sanitize utensils, work surfaces and equipment between uses.

(d) The food handler shall be able to identify the following storage conditions that shall minimize the potential for cross contamination:

(A) Store raw meats below and completely separate from ready-to-eat food in refrigeration units;

(B) Store chemicals, cleansers and pesticides completely separate from food, utensils, and single service items; and

(C) Properly label all chemicals, cleansers and pesticides.

(7) Final Cooking Temperature. The food handler shall be able to identify that cooking to the recommended temperature will kill disease-causing germs.

(8) Temperature Control.

(a) The food handler shall be able to identify that potentially hazardous food will support bacterial growth when held at temperatures between 41 degrees Fahrenheit and 135 degrees Fahrenheit. The danger zone is any temperature between 41 degrees Fahrenheit and 135 degrees Fahrenheit.

(b) The food handler shall be able to identify that food being cooled or heated must move through the danger zone as rapidly as possible.

(c) The food handler shall be able to identify 135 degrees Fahrenheit as the proper temperature for hot holding potentially hazardous food.

(d) The food handler shall be able to identify 41 degrees Fahrenheit as the proper temperature for cold holding.

(e) The food handler shall know that you cannot make food safe to eat when food has been in the danger zone for four hours or more.

Stat. Auth.: ORS 624.570
Stats. Implemented: ORS 624.570
Hist.: PH 21-2004, f. & cert. ef. 6-18-04; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-175-0091

Reciprocity and Equivalency

(1) A food handler certificate of program completion is valid statewide.

(2) Any person who has a current certification from an Authority-approved food manager training program or is registered as an Environmental Health Specialist or Environmental Health Specialist Trainee as required in ORS chapter 700 need not obtain a food handler certificate of program completion.

(3) To be accepted in lieu of a food handler certificate of program completion, a food manager certification must be renewed every five years.

Stat. Auth.: ORS 624.570
Stats. Implemented: ORS 624.570
Hist.: PH 21-2004, f. & cert. ef. 6-18-04; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12


 

Rule Caption: Primacy to enforce federal regulations regarding public drinking water systems.

Adm. Order No.: PH 13-2012

Filed with Sec. of State: 9-10-2012

Certified to be Effective: 9-10-12

Notice Publication Date: 8-1-2012

Rules Amended: 333-061-0020, 333-061-0032, 333-061-0036

Subject: The Oregon Health Authority, Public Health Division is permanently amending Oregon Administrative Rules 333-061-0020, 333-061-0032, and 333-061-0036 related to public water systems to ensure that these rules are no less stringent than corresponding federal regulations as required by the U.S. Environmental Protection Agency (EPA) to grant to Oregon primary enforcement responsibility (“Primacy”) for federal safe drinking water regulations. The rule amendments required by EPA are detailed in a May 17, 2011 letter to the Authority, available upon request.

Rules Coordinator: Brittany Sande—(971) 673-1291

333-061-0020

Definitions

As used in these rules, unless the context indicates otherwise:

(1) “Act” means the Oregon Drinking Water Quality Act of 1981 (ORS 448.115-448.990 as amended).

(2) “Action Level” means the concentration of lead or copper in water which determines, in some cases, the treatment requirements that a water system is required to complete.

(3) “Administrator” means the Director of the Oregon Health Authority or his/her designee.

(4) “Analytical Run” means the process during which a set of analytical drinking water samples along with an appropriate number of blanks, matrix spikes, or quality control samples are analyzed according to National Environmental Laboratory Accreditation Conference (NELAC) requirements to determine the presence, absence, or concentration of a specific target analyte or analytes. An analytical run is complete when the instrument performing the sample analysis generates a report of the sample analysis.

(5) “Approval” or “Approved” means approved in writing.

(6) “Approved Air Gap (AG)” means a physical separation between the free-flowing discharge end of a potable water supply pipeline and an open or non-pressurized receiving vessel. An “Approved Air Gap” shall be at least twice the diameter of the supply pipe measured vertically above the overflow rim of the vessel and in no case less than 1 inch (2.54 cm), and in accord with Oregon Plumbing Specialty Code.

(7) “Approved Backflow Prevention Assembly” means a Reduced Pressure Principle Backflow Prevention Assembly, Reduced Pressure Principle-Detector Backflow Prevention Assembly, Double Check Valve Backflow Prevention Assembly, Double Check-Detector Backflow Prevention Assembly, Pressure Vacuum Breaker Backsiphonage Prevention Assembly, or Spill-Resistant Pressure Vacuum Breaker Backsiphonage Prevention Assembly, of a make, model, orientation, and size approved by the Authority. Assemblies listed in the currently approved backflow prevention assemblies list developed by the University of Southern California, Foundation for Cross-Connection Control and Hydraulic Research, or other testing laboratories using equivalent testing methods, are considered approved by the Authority.

(8) “Aquifer” means a water saturated and permeable geological formation, group of formations, or part of a formation that is capable of transmitting water in sufficient quantity to supply wells or springs.

(9) “Aquifer Parameter” means a characteristic of an aquifer, such as thickness, porosity or hydraulic conductivity.

(10) “Aquifer Test” means pumping a well in a manner that will provide information regarding the hydraulic characteristics of the aquifer.

(11) “Area of public health concern” means an area of the state with a confirmed presence of groundwater contaminants likely to cause adverse human health effects.

(12) “Atmospheric Vacuum Breaker (AVB)” means a non-testable device consisting of an air inlet valve or float check, a check seat and an air inlet port(s). This device is designed to protect against a non-health hazard or a health hazard under a backsiphonage condition only. Product and material approval is under the Oregon Plumbing Specialty Code.

(13) “Authority” means the Oregon Health Authority.

(14) “Auxiliary Water Supply” means any supply of water used to augment the supply obtained from the public water system, which serves the premise in question.

(15) “Average Groundwater Velocity” means the average velocity at which groundwater moves through the aquifer as a function of hydraulic gradient, hydraulic conductivity and porosity.

(16) “AWWA” means the American Water Works Association.

(17) “Backflow” means the flow of water or other liquids, mixtures, or substances into the distributing pipes of a potable supply of water from any sources other than its intended source, and is caused by backsiphonage or backpressure.

(18) “Backflow Preventer” means a device, assembly or method to prevent backflow into the potable water system.

(19) “Backflow Prevention Assembly” means a backflow prevention assembly such as a Pressure Vacuum Breaker Backsiphonage Prevention Assembly, Spill-Resistant Pressure Vacuum Breaker Backsiphonage Prevention Assembly, Double Check Valve Backflow Prevention Assembly, Double Check-Detector Backflow Prevention Assembly, Reduced Pressure Principle Backflow Prevention Assembly, or Reduced Pressure Principle-Detector Backflow Prevention Assembly and the attached shutoff valves on the inlet and outlet ends of the assembly, assembled as a complete unit.

(20) “Backpressure” means an elevation of pressure downstream of the distribution system that would cause, or tend to cause, water to flow opposite of its intended direction.

(21) “Backsiphonage” means a drop in distribution system pressure below atmospheric pressure (partial vacuum), that would cause, or tend to cause, water to flow opposite of its intended direction.

(22) “Bag filter” means a pressure-driven separation device that removes particulate matter larger than one micrometer using an engineered porous filtration media. It is typically constructed of a non-rigid, fabric filtration media housed in a pressure vessel in which the direction of flow is from the inside of the bag to the outside.

(23) “Bank Filtration” means a water treatment process that uses a horizontal or vertical well to recover surface water that has naturally infiltrated into groundwater through a river bed or bank(s). Infiltration is typically enhanced by the hydraulic gradient imposed by a nearby pumping water supply.

(24) “Best Available Technology” or “BAT” means the best technology, treatment techniques, or other means which the EPA finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration).

(25) “Bore-Sighted Drain to Daylight” means an unrestricted straight-line opening in an enclosure that vents to grade, and is sized and constructed to adequately drain the full flow discharge from a reduced pressure principle backflow prevention assembly thus preventing any potential for submersion of the assembly.

(26) “Bottled Water” means potable water from a source approved by the Authority for domestic use which is placed in small, easily transportable containers.

(27) “Calculated Fixed Radius” means a technique to delineate a wellhead protection area, based on the determination of the volume of the aquifer needed to supply groundwater to a well over a given length of time.

(28) “Cartridge filter” means a pressure-driven separation device that removes particulate matter larger than one micrometer using an engineered porous filtration media. It is typically constructed of rigid or semi-rigid, self-supporting filter elements housed in a pressure vessel in which flow is from the outside of the cartridge to the inside.

(29) “Certificate,” for the purposes of OAR 333-061-0210 through 0290, means a certificate of competency issued by the Authority stating that the operator meets the requirements for a specific operator classification and level.

(30) “CFR” means the Code of Federal Regulations. Specifically, it refers to those sections of the code which deal with the National Primary and Secondary Drinking Water Regulations.

(31) “Check Valve” means a valve, which allows flow in only one direction.

(32) “Coagulation” means a process using coagulant chemicals and mixing by which colloidal and suspended materials are destabilized and agglomerated into floc.

(33) “Coliform-Positive” means the presence of coliform bacteria in a water sample.

(34) “Combined distribution system” means the interconnected distribution system consisting of the distribution systems of wholesale water systems and of the purchasing water systems that receive finished water.

(35) “Community Water System” means a public water system that has 15 or more service connections used by year-round residents, or that regularly serves 25 or more year-round residents.

(36) “Compliance Cycle” means the nine-year calendar year cycle during which public water systems must monitor. Each compliance cycle consists of three three-year compliance periods. The first calendar year cycle begins January 1, 1993 and ends December 31, 2001.

(37) “Compliance Period” means a three-year calendar year period within a compliance cycle. Each compliance cycle has three three-year compliance periods. Within the first compliance cycle, the first compliance period runs from January 1, 1993 to December 31, 1995; the second from January 1, 1996 to December 31, 1998; and the third from January 1, 1999 to December 31, 2001.

(38) “Comprehensive performance evaluation (CPE)” means a thorough review and analysis of a treatment plant’s performance-based capabilities and associated administrative, operation and maintenance practices. It is conducted to identify factors that may be adversely impacting a plant’s capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improvements. The CPE must consist of at least the following components: Assessment of plant performance; evaluations of major unit processes; identification and prioritization of performance limiting factors; assessment of the applicability of comprehensive technical assistance; and preparation of a CPE report.

(39) “Conceptual Model” means a three-dimensional representation of the groundwater system, including the location and extent of the hydrogeologic units, areas of recharge and discharge, hydrogeologic boundaries and hydraulic gradient.

(40) “Confined Well” means a well completed in a confined aquifer. More specifically, it is a well which produces water from a formation that is overlain by an impermeable material of extensive area. This well shall be constructed according to OAR chapter 690, division 200 “Well Construction and Maintenance” standards.

(41) “Confluent Growth” means a continuous bacterial growth covering the entire filtration area of a membrane filter, or a portion thereof, in which bacterial colonies are not discrete.

(42) “Constructed Conveyance” means any human-made conduit such as ditches, culverts, waterways, flumes, mine drains, canals or any human-altered natural water bodies or waterways as determined by the Authority.

(43) “Contaminant” means any physical, chemical, biological, or radiological substance or matter in water that creates a health hazard.

(44) “Contingency Plan” means a document setting out an organized, planned and coordinated course of action to be followed in the event of a loss of capacity to supply water to the distribution system or in case of a fire, explosion or release of hazardous waste which could threaten human health or the environment.

(45) “Continuing Education Unit (CEU)” means a nationally recognized unit of measurement for assigning credits for education or training that provides the participant with advanced or post high school learning. One CEU is awarded for every 10 classroom hours of lecture or the equivalent of participation in an organized education experience, conducted under responsible sponsorship, capable direction and qualified instruction as determined by the Authority or its designee.

(46) “Conventional Filtration Treatment Plant” means a water treatment plant using conventional or direct filtration to treat surface water or groundwater under the direct influence of surface water.

(47) “Corrosion Inhibitor” means a substance capable of reducing the corrosivity of water toward metal plumbing materials, especially lead and copper, by forming a protective film on the interior surface of those materials.

(48) “Cross Connection” means any actual or potential unprotected connection or structural arrangement between the public or user’s potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas, or substances other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel, or change-over devices, and other temporary or permanent devices through which, or because of which, backflow can occur are considered to be cross connections.

(49) “CT” means the product of the residual disinfectant concentration “C” (measured in mg/l) and disinfectant contact time(s), “T” (measured in minutes).

(50) “Degree of Hazard” means either pollution (non-health hazard) or contamination (health hazard) and is determined by an evaluation of hazardous conditions within a system.

(51) “Delineation” means the determination of the extent, orientation and boundaries of a wellhead protection area using factors such as geology, aquifer characteristics, well pumping rates and time of travel.

(52) “Demonstration Study” means a series of tests performed to prove an overall effective removal and/or inactivation rate of a pathogenic organism through a treatment or disinfection process.

(53) “Direct Responsible Charge (DRC)” means an individual designated by the owner or authorized agent to make decisions regarding the daily operational activities of a public water system, water treatment facility and/or distribution system, that will directly impact the quality or quantity of drinking water.

(54) “Discharge” means the volume rate of loss of groundwater from the aquifer through wells, springs or to surface water.

(55) “Disinfectant Contact Time” means the time in minutes that it takes for water to move from the point of disinfectant application or the previous point of disinfection residual measurement to a point before or at the point where residual disinfectant concentration is measured.

(56) “Disinfectant Residual Maintenance” means a process where public water systems add chlorine (or other chemical oxidant) for the purpose of maintaining a disinfectant residual in the distribution system, when the source(s) is not at risk of microbial contamination.

(57) “Disinfection” means a process which inactivates pathogenic organisms in water by chemical oxidants or equivalent agents.

(58) “Disinfection profile” means a summary of Giardia lamblia inactivation through the treatment plant.

(59) “Distribution System” means the network of pipes and other facilities, which are used to distribute water from the source, treatment, transmission, or storage facilities to the water user.

(60) “Domestic” means provided for human consumption.

(61) “Domestic or other non-distribution system plumbing problem” means a coliform contamination problem in a public water system with more than one service connection that is limited to the specific service connection from which the coliform-positive sample was taken.

(62) “Dose Equivalent” means the product of the absorbed dose from ionizing radiation and such factors as account for differences in biological effectiveness due to the type of radiation and its distribution in the body as specified by the International Commission on Radiological Units and Measurements (ICRU).

(63) “Double Check-Detector Backflow Prevention Assembly (DCDA)” means a specially designed assembly composed of a line size approved double check valve assembly assembled with a bypass containing a specific water meter and an approved double check valve assembly. The meter shall register accurately for only very low rates of flow up to three gallons per minute and shall show a registration for all rates of flow. This assembly is designed to protect against a non-health hazard.

(64) “Double Check Valve Backflow Prevention Assembly (DC)” means an assembly of two independently acting approved check valves, including tightly closing resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. This assembly is designed to protect against a non-health hazard.

(65) “Drawdown” means the difference, measured vertically, between the static water level in the well and the water level during pumping.

(66) “Drinking Water Protection” means implementing strategies within a drinking water protection area to minimize the potential impact of contaminant sources on the quality of water being used as a drinking water source by a Public Water System.

(67) “Drinking Water Protection Area (DWPA)” means the source area supplying drinking water to a Public Water System. For a surface water-supplied drinking water source the DWPA is all or a specifically determined part of a lake’s, reservoir’s or stream’s watershed that has been certified by the Department of Environmental Quality. For a groundwater-supplied drinking water source the DWPA is the area on the surface that directly overlies that part of the aquifer that supplies groundwater to a well, well field or spring that has been certified by the Authority.

(68) “Drinking Water Protection Plan” means a plan, certified by the Department of Environmental Quality according to OAR 340-040-0160 to 340-040-0180, which identifies the actions to be taken at the local level to protect a specifically defined and certified drinking water protection area. The plan is developed by the local Responsible Management Authority and/or team and includes a written description of each element, public participation efforts, and an implementation schedule.

(69) “Dual sample set” means a set of two samples collected at the same time and same location, with one sample analyzed for TTHM and the other for HAA5. Dual sample sets are collected for the purposes of conducting an Initial Distribution System Evaluation (IDSE) as prescribed in 333-061-0036(4)(b) of these rules, and for determining compliance with the maximum contaminant levels for TTHM and HAA5 listed in OAR 333-061-0030(2)(b).

(70) “Effective Corrosion Inhibitor Residual” means a concentration sufficient to form a passivating film on the interior walls of a pipe.

(71) “Effective Porosity” means the ratio of the volume of interconnected voids (openings) in a geological formation to the overall volume of the material.

(72) “Element” means one of seven objectives considered by the U.S. EPA as the minimum required components in any state wellhead protection program: specification of duties, delineation of the wellhead protection area, inventory of potential contaminant sources, specification of management approaches, development of contingency plans, addressing new (future) wells, and ensuring public participation.

(73) “Emergency” means a condition resulting from an unusual calamity such as a flood, storm, earthquake, drought, civil disorder, volcanic eruption, an accidental spill of hazardous material, or other occurrence which disrupts water service at a public water system or endangers the quality of water produced by a public water system.

(74) “Emergency Response Plan” means a written document establishing contacts, operating procedures, and actions taken for a public water system to minimize the impact or potential impact of a natural disaster, accident, or intentional act which disrupts or damages, or potentially disrupts or potentially damages the public water system or drinking water supply, and returns the public water system to normal operating condition.

(75) “Enhanced coagulation” means the addition of sufficient coagulant for improved removal of disinfection byproduct precursors by conventional filtration treatment.

(76) “Enhanced softening” means the improved removal of disinfection byproduct precursors by precipitative softening.

(77) “EPA” means the United States Environmental Protection Agency.

(78) “Filter profile” means a graphical representation of individual filter performance, based on continuous turbidity measurements or total particle counts versus time for an entire filter run, from start-up to backwash inclusively, that includes an assessment of filter performance while another filter is being backwashed.

(79) “Filtration” means a process for removing particulate matter from water through porous media.

(a) “Conventional Filtration Treatment” means a series of processes including coagulation (requiring the use of a primary coagulant and rapid mix), flocculation, sedimentation, and filtration resulting in substantial particulate removal.

(b) “Direct Filtration Treatment” means a series of processes including coagulation (requiring the use of a primary coagulant and rapid mix) and filtration but excluding sedimentation resulting in substantial particulate removal.

(c) “Slow Sand Filtration” means a treatment process involving passage of raw water through a bed of sand at low velocity (generally less than 235 gallons per square foot per day) resulting in substantial particulate removal by physical and biological mechanisms.

(d) “Diatomaceous Earth Filtration” means a process resulting in substantial particulate removal in which:

(A) A precoat cake of diatomaceous earth filter media is deposited on a support membrane (septum); and

(B) While the water is filtered by passing through the cake on the septum, additional filter media, known as body feed, is continuously added to the feed water, in order to maintain the permeability of the filter cake.

(80) “Filtration Endorsement” means a special provision added to a Water Treatment Operator’s certification that includes experience in and knowledge of the operational decision making at a Conventional or Direct Filtration Treatment Plant.

(81) “Finished water” means water that is introduced into the distribution system of a public water system and intended for distribution and consumption without further treatment, except as necessary to maintain water quality in the distribution system such as booster disinfection or the addition of corrosion control chemicals.

(82) “First Customer” means the initial service connection or tap on a public water supply after any treatment processes.

(83) “First Draw Sample” means a one-liter sample of tap water that has been standing in plumbing pipes at least 6 hours and is collected without flushing the tap.

(84) “Flocculation” means a process to enhance agglomeration or collection of smaller floc particles into larger, more easily settleable particles through gentle stirring by hydraulic or mechanical means.

(85) “Flowing stream” means a course of running water flowing in a definite channel.

(86) “Future Groundwater Sources” means wells and/or springs that may be required by the public water system in the future to meet the needs of the system.

(87) “GAC 10” means granular activated carbon filter beds with an empty-bed contact time of 10 minutes based on average daily flow and a carbon reactivation frequency of every 180 days, except that the reactivation frequency for GAC10 used as a best available technology for compliance with OAR 333-061-0030(2)(b) shall be 120 days.

(88) “GAC 20” means granular activated carbon filter beds with an empty-bed contact time of 20 minutes based on average daily flow and a carbon reactivation frequency of every 240 days.

(89) “Gross Alpha Particle Activity” means the total radioactivity due to alpha particle emission as inferred from measurements on a dry sample.

(90) “Gross Beta Particle Activity” means the total radioactivity due to beta particle emission as inferred from measurements on a dry sample.

(91) “Groundwater” means any water, except capillary moisture, beneath the land surface or beneath the bed of any stream, lake, reservoir or other body of surface water within the boundaries of this state, whatever may be the geologic formation or structure in which such water stands, flows, percolates or otherwise moves.

(92) “Groundwater System” means any public water system that uses groundwater, including purchasing water systems that receive finished groundwater, but excluding public water systems that combine all of their groundwater with surface water or groundwater under the direct influence of surface water prior to treatment.

(93) “Groundwater under the direct influence of surface water (GWUDI)” means any water beneath the surface of the ground with significant occurrence of insects or other macro-organisms, algae or large-diameter pathogens such as Giardia lamblia or Cryptosporidium, or significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions.

(94) “Haloacetic acids (five) (HAA5)” mean the sum of the concentrations in milligrams per liter of the haloacetic acid compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid and dibromoacetic acid), rounded to two significant figures after addition.

(95) “Hauled Water” means water for human consumption transported from a Public Water System in a manner approved by the Authority.

(96) “Health Hazard (Contamination)” means an impairment of the quality of the water that could create an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids, waste, or other substances.

(97) “Human Consumption” means water used for drinking, personal hygiene bathing, showering, cooking, dishwashing, and maintaining oral hygiene.

(98) “Hydraulic Conductivity” means the capacity of the medium, e.g., soil, aquifer, or any hydrogeological unit of interest, to transmit water.

(99) “Hydraulic Connection” refers to a well, spring or other groundwater collection system in which it has been determined that part of the water supplied by the collection system is derived, either naturally or induced, from a surface water source.

(100) “Hydraulic Gradient” means the slope of the water table or potentiometric surface, calculated by dividing the change in hydraulic head between two points by the horizontal distance between the points in the direction of groundwater flow.

(101) “Hydraulic Head” means the energy possessed by the water mass at a given point, related to the height above the datum plane that water resides in a well drilled to that point. In a groundwater system, the hydraulic head is composed of elevation head and pressure head.

(102) “Hydrogeologic Boundary” means physical features that bound and control direction of groundwater flow in a groundwater system. Boundaries may be in the form of a constant head, e.g. streams, or represent barriers to flow, e.g. groundwater divides and impermeable geologic barriers.

(103) “Hydrogeologic Mapping” means characterizing hydrogeologic features (e.g. hydrogeologic units, hydrogeologic boundaries, etc.) within an area and determining their location, areal extent and relationship to one another.

(104) “Hydrogeologic Unit” means a geologic formation, group of formations, or part of a formation that has consistent and definable hydraulic properties.

(105) “Impermeable Material” means a material that limits the passage of water.

(106) “Impounding Reservoir” means an uncovered body of water formed behind a dam across a river or stream, and in which water is stored.

(107) “Infiltration Gallery” means a system of perforated pipes laid along the banks or under the bed of a stream or lake installed for the purpose of collecting water from the formation beneath the stream or lake.

(108) “Initial Compliance Period” means the 1993-95 three-year compliance period for systems with 150 or more service connections and the 1996-98 three-year compliance period for systems having fewer than 150 service connections for the contaminants prescribed in OAR 333-061-0036(2)(a), 333-061-0036(3)(a) and (3)(b).

(109) “Interfering Wells” means wells that, because of their proximity and pumping characteristics, and as a result of the aquifer’s hydraulic properties, produce drawdown cones that overlap during simultaneous pumping. The result is a lowering of the pumping level in each well below what it would be if that well were pumping by itself.

(110) “Inventory of Potential Contaminant Sources” means the reconnaissance level location of land use activities within the Drinking Water Protection Area that as a category have been associated with groundwater or surface water contamination in Oregon and elsewhere in the United States.

(111) “Lake/reservoir” means a natural or man-made basin or hollow on the Earth’s surface in which water collects or is stored that may or may not have a current or single direction of flow.

(112) “Lead Free” when used with respect to solders and flux shall mean solders and flux containing not more than 0.2 percent lead, and when used with respect to pipes and fittings shall mean pipes and fittings containing not more than 8.0 percent lead. When used with respect to plumbing fittings and fixtures intended for dispensing water for human consumption shall mean in compliance with standards established in accordance with 42 U.S.C. 300g-6(e) and ANSI/NSF standard 61, section 9.

(113) “Lead Service Line” means a service line made of lead, which connects the water main to the building inlet and any pigtail, gooseneck or other fitting, which is connected to such lead line.

(114) “Legionella” means a genus of bacteria, some species of which have caused a type of pneumonia called Legionnaires Disease.

(115) “Local Administrative Authority” means the individual official, board, department or agency established and authorized by a state, county or city to administer and enforce the provisions of the Oregon State Plumbing Specialty Code adopted under OAR 918-750-0110.

(116) “Locational running annual average (LRAA)” means the arithmetic average of analytical results for samples taken at a specific monitoring location during the previous four calendar quarters.

(117) “Major Additions or Modifications” means changes of considerable extent or complexity including, but not limited to, projects involving water sources, treatment facilities, facilities for continuous disinfection, finished water storage, pumping facilities, transmission mains, and distribution mains, except main replacements of the same length and diameter.

(118) “Man-made Beta Particle and Photon Emitters” means all radionuclides emitting beta particles and/or photons listed in Maximum Permissible Body Burdens and Maximum Permissible Concentration of Radionuclides in Air or Water for Occupational Exposure, NBS Handbook 69, except the daughter products of Thorium-232, Uranium-235 and Uranium-238.

(119) “Master Plan” means an overall plan, which shows the projected development of a distribution system and alternatives for source development.

(120) “Maximum Contaminant Level (MCL)” means the maximum allowable level of a contaminant in water delivered to the user’s of a public water system, except in the case of turbidity where the maximum allowable level is measured at the point of entry to the distribution system.

(121) “Maximum Residual Disinfectant Level (MRDL)” means a level of a disinfectant added for water treatment that may not be exceeded at the consumer’s tap without an unacceptable possibility of adverse health effects.

(122) “Membrane filtration” means a pressure or vacuum driven separation process in which particulate matter larger than one micrometer is rejected by an engineered barrier, primarily through a size-exclusion mechanism, and which has a measurable removal efficiency of a target organism that can be verified through the application of a direct integrity test. This definition includes the common membrane technologies of microfiltration, ultrafiltration, nanofiltration, and reverse osmosis.

(123) “Multi-purpose Piping System” means a piping system within residential dwellings intended to serve both domestic and fire protection needs. This type of system is considered part of a potable water system.

(124) “New Groundwater Sources” means additional or modified wells and/or springs owned by the Public Water System.

(125) “Non-Health Hazard (Pollution)” means an impairment of the quality of the water to a degree that does not create a hazard to the public health, but does adversely affect the aesthetic qualities of such water for potable use.

(126) “Non-Transient Non-Community Water System (NTNC)” means a public water system that is not a Community Water System and that regularly serves at least 25 of the same persons over 6 months per year.

(127) “Open Interval” means in a cased well, the sum of the length(s) of the screened or perforated zone(s) and in an uncased (open-hole) well, the sum of the thickness(es) of the water-bearing zones or, if undeterminable, 10 percent of the length of the open hole.

(128) “Operating Experience” means the routine performance of duties, tasks, and responsibilities at a drinking water system or in a related field as allowed under OAR 333-061-0245(6)(b).

(129) “Operational Decision Making” means having responsibility for making decisions among the alternatives in the performance of the water treatment plant or the water distribution system regarding water quality or quantity which affect public health.

(130) “Operator,” for the purposes of OAR 333-061-0210 through 0290, means an individual with responsibilities that directly impact the quality of drinking water including individuals making process control or system integrity decisions about water quality or quantity that affect public health. This term does not include officials, managers, engineers, directors of public works, or equivalent whose duties do not include the actual “hands-on” operation or supervision on-site of water system facilities or operators.

(131) “Optimal Corrosion Control Treatment” means the corrosion control treatment that minimizes the lead and copper concentrations at users’ taps while insuring that the treatment does not cause the water system to violate any national primary drinking water regulations.

(132) “Pathogenic” means a specific agent (bacterium, virus or parasite) causing or capable of causing disease.

(133) “Peak Daily Demand” means the maximum rate of water use, expressed in gallons per day, over the 24-hour period of heaviest consumption.

(134) “Permit” means official permission granted by the Authority for a public water system which exceeds maximum contaminant levels to delay, because of economic or other compelling factors, the installation of water treatment facilities which are necessary to produce water which does not exceed maximum contaminant levels.

(135) “Person” means any individual, corporation, association, firm, partnership, municipal, state or federal agency, or joint stock company and includes any receiver, special master, trustee, assignee, or other similar representative thereof.

(136) “Picocurie (pCi)” means that quantity of radioactive material producing 2.22 nuclear transformations per minute.

(137) “Pilot Study” means the construction and operation of a scaled down treatment system during a given period of time to determine the feasibility a full-scale treatment facility.

(138) “Plant intake” means the works or structures at the head of a conduit through which water is diverted from a source, such as a river or lake, into a treatment plant.

(139) “Plug Flow” means movement of water in a pipe such that particles pass through the pipe and are discharged in the same sequence in which they entered.

(140) “Point of Delivery (POD)” means the point of connection between a public water system and the user’s water system. Beyond the point of delivery, the Oregon Plumbing Specialty Code applies. See “Service Connection.”

(141) “Point of Disinfectant Application” is the point where the disinfectant is applied and water downstream of that point is not subject to recontamination by surface water runoff.

(142) “Point-of-Entry Treatment Device” is a treatment device applied to the drinking water entering a house or building for the purpose of reducing contaminants in the drinking water distributed throughout the house or building.

(143) “Point-of-Use Treatment Device” is a treatment device applied to a single tap used for the purpose of reducing contaminants in drinking water at that one tap.

(144) “Pollutant” means a substance that creates an impairment of the quality of the water to a degree which does not create a hazard to the public health, but which does adversely affect the aesthetic qualities of the water.

(145) “Porous Media Assumption” means the assumption that groundwater moves in the aquifer as if the aquifer were granular in character, i.e. moves directly down-gradient, and the velocity of the groundwater can be described by Darcy’s Law.

(146) “Post High School Education” means that education acquired through programs such as short schools, bona fide correspondence courses, trade schools, colleges, universities, formalized workshops or seminars that are acceptable to the Authority and for which college or continuing education credit is issued by the training sponsor.

(147) “Potable Water” See Safe Drinking Water.

(148) “Potential Contaminant Source Inventory” means the determination of the location within the wellhead protection area of activities known to use or produce materials that can contaminate groundwater.

(149) “Potential Cross Connection” means a cross connection that would most likely occur, but may not be taking place at the time of an inspection.

(150) “Potentiometric Surface” means a surface that denotes the variation of hydraulic head in the given aquifer across an area.

(151) “Premise” means real estate and the structures on it.

(152) “Premise Isolation” means the practice of protecting the public water supply from contamination or pollution by installing backflow prevention assemblies at, or near, the point of delivery where the water supply enters the premise. Premise isolation does not guarantee protection to persons on the premise.

(153) “Presedimentation” means a preliminary treatment process used to remove gravel, sand and other particulate material from the source water through settling before the water enters the primary clarification and filtration processes in a treatment plant.

(154) “Pressure Vacuum Breaker Backsiphonage Prevention Assembly (PVB)” means an assembly consisting of an independently operating, internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. This assembly is to be equipped with properly located resilient seated test cocks and tightly closing resilient seated shutoff valves attached at each end of the assembly. This assembly is designed to protect against a non-health hazard or a health hazard under backsiphonage conditions only.

(155) “Provisional Delineation” means approximating the wellhead protection area for a well by using the wellhead protection area from another well in the same hydrogeologic setting or by using generalized values for the aquifer characteristics to generate an approximate wellhead protection area for the well. Used only for the purpose of evaluating potential siting of new or future groundwater sources. Not an acceptable way to formally delineate a wellhead protection area.

(156) “Public Health Hazard” means a condition, device or practice which is conducive to the introduction of waterborne disease organisms, or harmful chemical, physical, or radioactive substances into a public water system, and which presents an unreasonable risk to health.

(157) “Public Water System” means a system for the provision to the public of piped water for human consumption, if such system has more than three service connections, or supplies water to a public or commercial establishment that operates a total of at least 60 days per year, and that is used by 10 or more individuals per day. Public water system also means a system for the provision to the public of water through constructed conveyances other than pipes to at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days of the year. A public water system is either a “Community Water System,” a “Transient Non-Community Water System,” a “Non-Transient Non-Community Water System” or a “State Regulated Water System.”

(158) “Purchasing Water System” means a public water system which obtains its water in whole or in part from one or more public water systems. Delivery may be through a direct connection or through the distribution system of one or more purchasing water systems.

(159) “Recharge” means the process by which water is added to a zone of saturation, usually by downward infiltration from the surface.

(160) “Recharge Area” means a land area in which water percolates to the zone of saturation through infiltration from the surface.

(161) “Recovery” means the rise in water level in a well from the pumping level towards the original static water level after pumping has been discontinued.

(162) “Reduced Pressure Principle Backflow Prevention Assembly (RP)” means an assembly containing two independently acting approved check valves, together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located resilient seated test cocks and tightly closing resilient seated shutoff valves at each end of the assembly. This assembly is designed to protect against a non-health hazard or a health hazard.

(163) “Reduced Pressure Principle-Detector Backflow Prevention Assembly (RPDA)” means a specifically designed assembly composed of a line size approved reduced pressure principle backflow prevention assembly with a bypass containing a specific water meter and an approved reduced pressure principle backflow prevention assembly. The meter shall register accurately for only very low rates of flow up to three gallons per minute and shall show a registration for all rates of flow. This assembly is designed to protect against a non-health hazard or a health hazard.

(164) “Rem” means the unit of dose equivalent from ionizing radiation to the total body or any internal organ or organ system. A “millirem (mrem)” is 1/1000 of a rem.

(165) “Repeat Compliance Period” means any subsequent compliance period after the initial compliance period.

(166) “Residual disinfectant concentration” means the concentration of disinfectant measured in mg/l in a representative sample of water.

(167) “Responsible Management Authority” means the Public Water System whose water supply is being protected and any government entity having management, rule or ordinance-making authority to implement wellhead protection management strategies within the wellhead protection area. The Responsible Management Authority is responsible for implementation of the Wellhead Protection Plan and includes cities, counties, special districts, Indian tribes, state/federal entities as well as public water systems.

(168) “Safe Drinking Water” means water which has sufficiently low concentrations of microbiological, inorganic chemical, organic chemical, radiological or physical substances so that individuals drinking such water at normal levels of consumption, will not be exposed to disease organisms or other substances which may produce harmful physiological effects.

(169) “Sanitary Survey (Water System Survey)” means an on-site review of the water source(s), facilities, equipment, operation, maintenance and monitoring compliance of a public water system to evaluate the adequacy of the water system, its sources and operations in the distribution of safe drinking water. The sanitary survey also identifies sources of contamination by using the results of source water assessments where available.

(170) “Secondary Contaminant” means those contaminants, which, at the levels generally found in drinking water, do not present an unreasonable risk to health, but do:

(a) Have adverse effects on the taste, odor and color of water;

(b) Produce undesirable staining of plumbing fixtures; or

(c) Interfere with treatment processes applied by water suppliers.

(171) “Secondary Maximum Contaminant Level (SMCL)” means the level of a secondary contaminant which when exceeded may adversely affect the aesthetic quality of the drinking water which thereby may deter public acceptance of drinking water provided by public water systems or may interfere with water treatment methods.

(172) “Sedimentation” means a process for removal of solids before filtration by gravity or separation.

(173) “Seller’s Designee” means the person assigned by the seller to complete the necessary paperwork and submit the lab results to the Authority and can be the seller’s attorney, real estate agent or broker, the person conducting the tests or a private party.

(174) “Sensitivity” means the intrinsic characteristics of a drinking water source such as depth to the aquifer for groundwater or highly erodible soils in a watershed that increase the potential for contamination to take place if a contaminant source is present.

(175) “Service Connection” means the piping connection by means of which water is conveyed from a distribution main of a public water system to a user’s premise. For a community water system, 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.

(176) “Significant Deficiency” means a defect in design, operation, or maintenance, or a malfunction of the source(s), treatment, storage, or distribution system that has been determined to cause or have the potential for causing the introduction of contamination into the water delivered to consumers.

(177) “Single Connection System” means a public water system serving only one installation, such as a restaurant, campground or place of employment.

(178) “Single Family Structure” means a building constructed as a single-family residence that is currently used as either a residence or a place of business.

(179) “Small Water System,” for the purposes of OAR 333-061-0210 through 0295, means a community or non-transient non-community water system serving fewer than 150 connections and either uses groundwater as its only source or purchases its water from another public water system without adding any additional treatment.

(180) “Source Water Assessment” means the information compiled by the Authority and the Department of Environmental Quality (DEQ), consisting of the delineation, inventory and susceptibility analyses of the drinking water source, which enable public water systems to develop and implement drinking water protection plans.

(181) “Specific Ultraviolet Absorption (SUVA) at 254 nanometers” means an indicator of the humic content of water as a calculated parameter obtained by dividing a sample’s ultraviolet absorption at a wavelength of 254 nanometers (UV254) by its concentration of dissolved organic carbon (DOC) (in milligrams per liter).

(182) “Spill Resistant Pressure Vacuum Breaker Backsiphonage Prevention Assembly (SVB)” means an assembly containing an independently operating, internally loaded check valve and independently operating loaded air inlet valve located on the discharge side of the check valve. The assembly is to be equipped with a properly located resilient seated test cock, a properly located bleed/vent valve, and tightly closing resilient seated shutoff valves attached at each end of the assembly. This assembly is designed to protect against a non-health hazard or a health hazard under a backsiphonage condition only.

(183) “Spring” means a naturally occurring discharge of flowing water at the ground surface, or into surface water where the flow of water is the result of gravity or artesian pressure. Springs can be derived from groundwater or they can be surface water influenced.

(184) “Stand-alone Fire Suppression System” means a piping system within a premise intended to only serve as a fire protection system separated from the potable water system.

(185) “State Regulated Water System” means a public water system, which serves 4 to 14 service connections or serves 10 to 24 people. Monitoring requirements for these systems are the same as those for Transient Non-Community water systems.

(186) “Static Water Level” means the vertical distance from ground surface to the water level in the well when the well is at rest, i.e., the well has not been pumped recently and the water level is stable. This is the natural level of water in the well.

(187) “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. For the purposes of OAR 333-061-0010, submetering does not constitute applying a direct charge for water or directly selling water to a person.

(188) “Surface Water” means all water, which is open to the atmosphere and subject to surface runoff.

(189) “Susceptibility” means the potential, as a result of the combination of land use activities and source water sensitivity that contamination of the drinking water source may occur.

(190) “Team” means the local Wellhead Protection team, which includes representatives from the Responsible Management Authorities and various interests and stakeholders potentially affected by the Wellhead Protection Plan.

(191) “Thermal Expansion” means the pressure increase due to a rise in water temperature that occurs in water piping systems when such systems become “closed” by the installation of a backflow prevention assembly or other means, and will not allow for expansion beyond that point of installation.

(192) “These Rules” means the Oregon Administrative Rules encompassed by OAR 333-061-0005 through 333-061-0335.

(193) “Time-of-Travel (TOT)” means the amount of time it takes groundwater to flow to a given well. The criterion that effectively determines the radius in the calculated fixed radius method and the up-gradient distance to be used for the analytical and numerical models during delineation of the wellhead protection area.

(194) “Too Numerous To Count (TNTC)” means that the total number of bacterial colonies exceeds 200 on a 47 mm diameter membrane filter used for coliform bacteria detection.

(195) “Total Organic Carbon (TOC)” means total organic carbon in milligrams per liter measured using heat, oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to two significant figures.

(196) “Total Trihalomethanes (TTHM)” means the sum of the concentrations in milligrams per liter of the trihalomethane compounds bromodichloromethane, dibromochloromethane, tribromomethane (bromoform) and trichloromethane (chloroform), rounded to two significant figures after addition.

(197) “Transient Non-Community Water System (TNC)” means a public water system that serves a transient population of 25 or more persons.

(198) “Turbidity” means a measure of the cloudiness of water caused by suspended particles. The units of measure for turbidity are nephelometric turbidity units (NTU).

(199) “Two-stage lime softening” means a process in which a chemical addition and hardness precipitation occur in each of two distinct unit clarification processes in series prior to filtration.

(200) “Unconfined Well” means a well completed in an unconfined aquifer. More specifically, a well which produces water from a formation that is not overlaying by impermeable material. This well shall be constructed according to OAR chapter 690, division 200 “Well Construction and Maintenance” standards.

(201) “Uncovered finished water storage facility” means a tank, reservoir, or other facility used to store water that will undergo no further treatment to reduce microbial pathogens except residual disinfection and is directly open to the atmosphere.

(202) “University of Southern California, Foundation for Cross-Connection Control and Hydraulic Research (USC FCCCHR)” is an agency that conducts laboratory and field tests to evaluate and grant “Certificates of Approval” to backflow prevention assemblies meeting approved standards.

(203) “Vadose Zone” means the zone between the ground surface and the water table where the available open spaces between soil and sediment particles, in rock fractures, etc., are most filled with air.

(204) “Variance” means official permission granted by the Authority for public water systems to exceed maximum contaminant levels because the quality of the raw water is such that the best available treatment techniques are not capable of treating the water so that it complies with maximum contaminant levels, and there is no unreasonable risk to health.

(205) “Vault” means an approved enclosure above or below ground to house a backflow prevention assembly that complies with the local administrative authority having jurisdiction.

(206) “Virus” means a virus of fecal origin, which is infectious to humans by waterborne transmission.

(207) “Waiver” means official permission from the Authority for a public water system to deviate from the construction standards set forth in these rules.

(208) “Water-bearing Zone” means that part or parts of the aquifer encountered during drilling that yield(s) water to a well.

(209) “Waterborne disease outbreak” means the significant occurrence of acute infectious illness, epidemiologically associated with the ingestion of water from a public water system which is deficient in treatment, as determined by the Authority.

(210) “Water Source” means any lake, stream, spring, groundwater supply, impoundment or other source of water from which water is obtained for a public water system. In some cases, a public water system can be the source of supply for one or more other public water systems.

(211) “Water Supplier” means a person, group of persons, municipality, district, corporation or other entity, which owns or operates a public potable water system.

(212) “Water System” means a system for the provision of piped water for human consumption.

(213) “Water System Operations Manual” means a written document describing the actions and procedures necessary to operate and maintain the entire water system.

(214) “Water Table” means the upper surface of an unconfined aquifer, the surface of which is at atmospheric pressure and fluctuates seasonally. It is defined by the levels at which water stands in wells that penetrate the aquifer.

(215) “Water Treatment” means a process of altering water quality by physical or chemical means and may include domestic, industrial or commercial applications.

(216) “Well” means an artificial opening or artificially altered natural opening, however made, by which ground water is sought or through which ground water flows under natural pressure or is artificially withdrawn or injected, provided that this definition shall not include a natural spring, or wells drilled for the purpose of exploration or production of oil or gas.

(217) “Wellfield” means two or more drinking water wells, belonging to the same water system that are within 2,500 feet, or as determined by the Authority, and produce from the same and no other aquifer.

(218) “Wellhead Protection.” See Drinking Water Protection.

(219) “Wellhead Protection Area (WHPA).” See Drinking Water Protection Area.

(220) “Wellhead Protection Plan.” See Drinking Water Protection Plan.

(221) “Wholesale system” means a public water system that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another public water system. Delivery may be through a direct connection or through the distribution system of one or more purchasing water systems.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 448.131
Stats. Implemented: ORS 431.110, 431.150, 448.131, 448.150, 448.273, 448.279
Hist.: HD 106, f. & ef. 2-6-76; HD 4-1980, f. & ef. 3-21-80; HD 10-1981, f. & ef. 6-30-81; HD 17-1981(Temp), f. & ef. 8-28-81; HD 4-1982, f. & ef. 2-26-82; Renumbered from 333-042-0205, HD 2-1983, f. & ef. 2-23-83; HD 21-1983, f. 10-20-83, ef. 11-1-83; HD 11-1985, f. & ef. 7-2-85; HD 30-1985, f. & ef. 12-4-85; HD 3-1987, f. & ef. 2-17-87; HD 3-1988(Temp), f. & cert. ef. 2-12-88; HD 17-1988, f. & cert. ef. 7-27-88; HD 9-1989, f. & cert. ef. 11-13-89; HD 26-1990, f. 12-26-90, cert. ef. 12-29-90; HD 7-1992, f. & cert. ef. 6-9-92; HD 12-1992, f. & cert. ef. 12-7-92; HD 3-1994, f. & cert. ef. 1-14-94; HD 1-1996, f. 1-2-96, cert. ef. 1-5-96; HD 14-1997, f. & cert. ef. 10-31-97; OHD 4-1999, f. 7-14-99, cert. ef. 7-15-99; OHD 3-2000, f. 3-8-00, cert. ef. 3-15-00; OHD 7-2000, f. 7-11-00, cert. ef. 7-15-00; OHD 23-2001, f. & cert. ef. 10-31-01; OHD 17-2002, f. & cert. ef. 10-25-02; PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04; PH 20-2004, f. & cert. ef. 6-18-04; PH 33-2004, f. & cert. ef. 10-21-04; PH 34-2004, f. & cert. ef. 11-2-04; PH 2-2006, f. & cert. ef. 1-31-06; PH 4-2009, f. & cert. ef. 5-18-09; PH 7-2010, f. & cert. ef. 4-19-10; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11; PH 13-2012, f. & cert. ef. 9-10-12

333-061-0032

Treatment Requirements and Performance Standards for Surface Water, Groundwater Under Direct Influence of Surface Water, and Groundwater

(1) General requirements for all public water systems supplied by a surface water source or a groundwater source under the direct influence of surface water.

(a) These regulations establish criteria under which filtration is required and treatment technique requirements in lieu of maximum contaminant levels for the following contaminants: Giardia lamblia, viruses, heterotrophic plate count bacteria, Legionella, Cryptosporidium, and turbidity. Each public water system with a surface water source or a groundwater source under the direct influence of surface water must provide treatment of that source water that complies with these treatment technique requirements. The treatment technique requirements consist of installing and properly operating water treatment processes which reliably achieve:

(A) At least 99.9 percent (3-log) removal and/or inactivation of Giardia lamblia cysts between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer, and

(B) At least 99.99 percent (4-log) removal and/or inactivation of viruses between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer.

(C) At least 99 percent (2-log) removal of Cryptosporidium between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer for filtered systems, or Cryptosporidium control under the watershed control plan for unfiltered systems; and

(D) Compliance with any applicable disinfection profiling and benchmark requirements as specified in OAR 333-061-0036(4)(g) and 333-061-0060(1)(e).

(E) Sampling and Bin Classification for Cryptosporidium:

(i) All systems must conduct an initial and second round of source water monitoring, as prescribed in subsection 333-061-0036(5)(e) of these rules, for each plant that treats a surface water or GWUDI source to determine what level, if any, of additional Cryptosporidium treatment they must provide.

(ii) Filtered systems must determine their Cryptosporidium treatment bin classification as prescribed in subsection (4)(f) of this rule and provide additional treatment for Cryptosporidium, if required, as prescribed in subsection (4)(g) of this rule. All unfiltered systems must provide treatment for Cryptosporidium as prescribed in subsections (3)(e) through (g) of this rule. Filtered and unfiltered systems must implement Cryptosporidium treatment according to the schedule in paragraph (1)(a)(F) of this rule.

(iii) Systems required to provide additional treatment for Cryptosporidium must implement microbial toolbox options that are designed and operated as prescribed in sections (13) through (17) of this rule and in OAR 333-061-0036(5)(c), 333-061-0050(4) and 333-061-0050(5)(k).

(F) Schedule for compliance with Cryptosporidium treatment requirements.

(i) Following initial bin classification as prescribed in subsection (4)(f) of this rule, filtered water systems must provide the level of treatment for Cryptosporidium required under subsection (4)(g) of this rule according to the schedule in subparagraph (1)(a)(F)(iii) of this rule.

(ii) Following initial determination of the mean Cryptosporidium level as prescribed by subsection (2)(d) of this rule, unfiltered water systems must provide the level of treatment for Cryptosporidium required under subsection (3)(e) of this rule according to the schedule in subparagraph (1)(a)(F)(iii) of this rule.

(iii) Cryptosporidium treatment compliance dates. The Authority may allow up to an additional two years from the date specified below for water systems making capital improvements.

(I) Water systems that serve at least 100,000 people must comply with Cryptosporidium treatment by April 1, 2012.

(II) Water systems that serve from 50,000 to 99,999 people must comply with Cryptosporidium treatment by October 1, 2012.

(III) Water systems that serve from 10,000 to 49,999 people must comply with Cryptosporidium treatment by October 1, 2013.

(IV) Water systems that serve fewer than 10,000 people must comply with Cryptosporidium treatment by October 1, 2014.

(V) State-Regulated public water systems must comply with Cryptosporidium treatment by October 1, 2015.

(iv) If the bin classification for a filtered water system changes following the second round of source water monitoring as prescribed in subsection (4)(f) of this rule, the water system must provide the level of treatment for Cryptosporidium required by subsection (4)(g) of this rule on a schedule approved by the Authority.

(v) If the mean Cryptosporidium level for an unfiltered water system changes following the second round of monitoring as prescribed by paragraph (2)(d)(A) of this rule, the water system must provide the level of Cryptosporidium treatment required by subsection (3)(e) of this rule, due to the change, following a schedule approved by the Authority.

(b) A public water system using a surface water source or a ground water source under the direct influence of surface water is considered to be in compliance with the requirements of this rule if:

(A) The system meets the requirements for avoiding filtration in section (2) of this rule and the disinfection requirements in section (3) of this rule, and the disinfection benchmarking requirements of OAR 333-061-0060(1)(e); or

(B) The system meets the filtration requirements in section (4) of this rule and the disinfection requirements in section (5) of this rule and the disinfection benchmarking requirements of OAR 333-061-0060(1)(e).

(c) Water systems that utilize sources that have been determined to be under the direct influence of surface water according to section (7) of this rule have 18 months to meet the requirements of sections (2) and (3) of this rule, or the requirements of sections (4) and (5) of this rule. During that time, the system must meet the following Interim Standards:

(A) The turbidity of water entering the distribution system must never exceed 5 NTU. Turbidity measurements must be taken a minimum of once per day. If continuous turbidimeters are in place, measurements should be taken every four hours; and

(B) Disinfection must be sufficient to reliably achieve at least 1.0 log inactivation of Giardia lamblia cysts prior to the first user. Daily disinfection “CT” values must be calculated and recorded daily, including pH and temperature measurements, and disinfection residuals at the first customer.

(C) Reports must be submitted to the Authority monthly as prescribed in OAR 333-061-0040.

(D) If these interim standards are not met, the owner or operator of the water system must notify customers of the failure as required in OAR 333-061-0042(2)(b)(A).

(2) Requirements for systems utilizing surface water or GWUDI sources without filtration:

(a) A public water system that uses a surface water source or a groundwater source under the direct influence of surface water must meet all of the conditions of this section.

(b) Source water quality conditions.

(A) The fecal coliform concentration must be equal to or less than 20/100 ml, or the total coliform concentration must be equal to or less than 100/100 ml in representative samples of the source water immediately prior to the first or only point of disinfectant application in at least 90 percent of the measurements made for the 6 previous months that the system served water to the public on an ongoing basis. If a system measures both fecal and total coliform, the fecal coliform criterion, but not the total coliform criterion, in this paragraph must be met. All samples must be collected as prescribed in OAR 333-061-0036(5)(a)(A).

(B) The turbidity level cannot exceed the maximum contaminant level prescribed in OAR 333-061-0030(3)(a)(A).

(c) Site-specific conditions. The public water supply must:

(A) Meet the disinfection requirements as prescribed in section (3) of this rule at least 11 of the 12 previous months that the system served water to the public, on an ongoing basis, unless the system fails to meet the requirements during 2 of the 12 previous months that the system served water to the public, and the Authority determines that at least one of these failures was caused by circumstances that were unusual and unpredictable.

(B) Maintain a comprehensive watershed control program which minimizes the potential for contamination by Giardia lamblia cysts, Cryptosporidium oocysts, and viruses in the source water. For groundwater systems under the direct influence of surface water, and at the discretion of the Authority, a certified drinking water protection plan (OAR 340-040-0160 to 340-040-0180) that addresses both the groundwater- and surface water components of the drinking water supply may be substituted for a watershed control program. Groundwater systems relying on a drinking water protection plan would still be subject to the requirements of subsection (c) of this rule. The watershed control program shall be developed according to guidelines in OAR 333-061-0075. The public water system must demonstrate through ownership and/or written agreements with landowners within the watershed that it can control all human activities which may have an adverse impact on the microbiological quality of the source water. The system must submit an annual report to the Authority identifying any special concerns about the watershed, the procedures used to resolve the concern, current activities affecting water quality, and projections of future adverse impacts or activities and the means to address them. At a minimum, the watershed control program must:

(i) Characterize the watershed hydrology and land ownership;

(ii) Identify watershed characteristics and activities which have or may have an adverse effect on source water quality; and

(iii) Monitor the occurrence of activities which may have an adverse effect on source water quality.

(C) Be subject to an annual on-site inspection of the watershed control program and the disinfection treatment process by the Authority. The on-site inspection must indicate to the Authority’s satisfaction that the watershed control program and disinfection treatment process are adequately designed and maintained including the adequacy limiting the potential contamination by Cryptosporidium oocysts. The inspection must include:

(i) A review of the effectiveness of the watershed control program;

(ii) A review of the physical condition of the source intake and how well it is protected;

(iii) A review of the system’s equipment maintenance program to ensure there is low probability for failure of the disinfection process;

(iv) An inspection of the disinfection equipment for physical deterioration;

(v) A review of operating procedures;

(vi) A review of data records to ensure that all required tests are being conducted and recorded and disinfection is effectively practiced; and

(vii) Identification of any improvements which are needed in the equipment, system maintenance and operation, or data collection.

(D) Shall not have been identified by the Authority as a source of waterborne disease outbreak under the system’s current configuration. If such an outbreak occurs, the system must sufficiently modify the treatment process, as determined by the Authority, to prevent any future such occurrence.

(E) Comply with the maximum contaminant level (MCL) for total coliform bacteria in OAR 333-061-0030(4) at least 11 months of the 12 previous months that the system served water to the public on an ongoing basis, unless the Authority determines that failure to meet this requirement was not caused by a deficiency in treatment of the source water.

(F) Comply with the requirements for total trihalomethanes, haloacetic acids (five), bromate, chlorite, chlorine, chloramines, and chlorine dioxide as specified in OAR 333-061-0036(4).

(d) Determination of mean Cryptosporidium level.

(A) Unfiltered water systems must calculate the arithmetic average of all Cryptosporidium sample concentrations following completion of the initial and second round of source water monitoring conducted in accordance with OAR 333-061-0036(5)(e). Systems must report this value to the Authority for approval no later than 6 months after the date the system was required to complete the required monitoring.

(B) If the frequency of monthly Cryptosporidium sampling varies, water systems must calculate a monthly average for each month of sampling. Systems must then use these monthly average concentrations, rather than individual sample concentrations, in the calculation of the mean Cryptosporidium level prescribed in paragraph (2)(d)(A) of this rule.

(C) The report to the Authority of the mean Cryptosporidium levels calculated in accordance with paragraph (2)(d)(A) of this rule must include a summary of the source water monitoring data used for the calculation.

(D) Failure to comply with the conditions of subsection (2)(d) of this rule is a violation of the treatment technique requirement.

(e) A public water system which fails to meet any of the criteria in section (2) of this rule is in violation of a treatment technique requirement. The Authority can require filtration to be installed where it determines necessary.

(3) Disinfection requirements for systems utilizing surface water or GWUDI sources without filtration. Each public water system that does not provide filtration treatment must provide disinfection treatment as follows:

(a) The disinfection treatment must be sufficient to ensure at least 99.9 percent (3-log) inactivation of Giardia lamblia cysts and 99.99 percent (4-log) inactivation of viruses, every day the system serves water to the public, except any one day each month. Each day a system serves water to the public, the public water system must calculate the CT value(s) from the system’s treatment parameters, using the procedure specified in OAR 333-061-0036(5)(a)(C) and determine whether this value(s) is sufficient to achieve the specified inactivation rates for Giardia lamblia cysts and viruses. If a system uses a disinfectant other the chlorine, the system must demonstrate to the Authority through the use of an approved protocol for on-site disinfection demonstration studies or other information satisfactory to the Authority that the system is achieving the required inactivation rates on a daily basis instead of meeting the “CT” values in this rule.

(b) Systems for chemical disinfection must have either:

(A) Redundant components, including an auxiliary power supply with automatic start-up and alarm to ensure that disinfectant application is maintained continuously while water is being delivered to the distribution system; or

(B) Automatic shut-off of delivery of water to the distribution system whenever there is less than 0.2 mg/l of residual disinfectant concentration in the water, or if the ultraviolet light system fails. If the Authority determines than automatic shut-off would cause unreasonable risk to health or interfere with fire protection, the system must comply with paragraph (3)(b)(A) of this rule.

(c) The residual disinfectant concentration in the water entering the distribution system, measured as specified in OAR 333-061-0036(5)(a)(E), cannot be less than 0.2 mg/l for more than four hours.

(d) Disinfectant residuals in the distribution system. The residual disinfectant concentration in the distribution system, measured as total chlorine, combined chlorine, or chlorine dioxide, as specified in OAR 333-061-0036(5)(a)(F), cannot be undetectable in more than 5 percent of the samples each month, for any two consecutive months that the system serves water to the public.

(e) Unfiltered water systems must provide the level of Cryptosporidium inactivation specified in this subsection, based on their mean Cryptosporidium levels, and determined in accordance with subsection (2)(d) of this rule and according to the schedule in subsection (1)(a) of this rule.

(A) Unfiltered systems with a mean Cryptosporidium level of 0.01 oocysts/L or less must provide at least 2-log Cryptosporidium inactivation.

(B) Unfiltered systems with a mean Cryptosporidium level of greater than 0.01 oocysts/L must provide at least 3-log Cryptosporidium inactivation.

(f) Inactivation treatment technology requirements. Unfiltered systems must use chlorine dioxide, ozone, or UV as prescribed by 333-061-0036(5)(c) of these rules to meet the Cryptosporidium inactivation requirements of this section.

(A) Systems that use chlorine dioxide or ozone and fail to achieve the Cryptosporidium inactivation required in subsection (3)(e) of this rule on more than one day in the calendar month are in violation of the treatment technique requirement.

(B) Systems that use UV light and fail to achieve the Cryptosporidium inactivation required in subsection (3)(e) of this rule because they do not to meet the criteria specified in subsection (17)(c) of this rule are in violation of the treatment technique requirement.

(g) Use of two disinfectants. Unfiltered water systems must meet the combined Cryptosporidium inactivation requirements of subsection (3)(e) of this rule, and the Giardia lamblia and virus inactivation requirements of subsection (3)(a) of this rule using a minimum of two disinfectants. Each of the two disinfectants must achieve by itself, the total inactivation required for at least one of the following pathogens: Cryptosporidium, Giardia lamblia, or viruses.

(4) Requirements for systems utilizing surface water or GWUDI sources that provide filtration:

(a) A public water system that uses a surface water source or a groundwater source under the direct influence of surface water, and does not meet all of the criteria in sections (1), (2), and (3) of this rule for avoiding filtration, violates a treatment technique and must provide treatment consisting of both disinfection, as specified in section (5) of this rule, and filtration treatment which complies with the requirements of either subsection (4)(b), (c), (d), or (e) of this rule by June 29, 1993 or within 18 months of the failure to meet the criteria in section (2) of this rule for avoiding filtration, whichever is later. Failure to install a required treatment by the prescribed dates is a violation of the treatment technique requirements.

(b) Conventional filtration treatment or direct filtration. Systems using conventional filtration treatment or direct filtration treatment shall meet the turbidity requirements as specified in OAR 333-0061-0030(3)(b)(A)(i) and (ii).

(c) Slow sand filtration. Systems using slow sand filtration treatment shall meet the turbidity requirements prescribed in OAR 333-061-0030(3)(b)(B).

(d) Diatomaceous earth filtration. Systems using diatomaceous earth filtration treatment shall meet the turbidity requirements prescribed in OAR 333-061-0030(3)(b)(C).

(e) Other filtration technologies. Systems using other filtration technologies shall meet the turbidity requirements prescribed in OAR 333-061-0030(3)(b)(D).

(A) GWUDI systems using bank filtration as an alternate filtration technology must meet the requirements listed in section (9) of this rule.

(B) Systems using membrane filtration must conduct continuous indirect integrity testing and daily direct integrity testing in accordance with paragraphs 333-061-0036(5)(d)(B) and (C) of these rules.

(f) Cryptosporidium Bin classification for filtered water systems. Following completion of the initial round of source water monitoring required by OAR 333-061-0036(5)(e), filtered water systems must calculate an initial Cryptosporidium bin concentration for each plant for which monitoring was required. Calculation of the bin concentration must be based upon the Cryptosporidium results reported in accordance with OAR 333-061-0036(5)(e), and must comply with paragraphs (4)(f)(A) through (F) of this rule.

(A) For water systems that collect 48 or more samples, the bin concentration is equal to the arithmetic average of all sample concentrations.

(B) For water systems that collect at least 24 samples, but not more than 47 samples, the bin concentration is equal to the highest arithmetic average of all sample concentrations in any 12 consecutive months during which Cryptosporidium samples were collected.

(C) For water systems that serve fewer than 10,000 people and only collect Cryptosporidium samples for 12 months, i.e., collect 24 samples in 12 months, the bin concentration is equal to the arithmetic average of all sample concentrations.

(D) For water systems with plants operating only part of the year, and that monitor fewer than 12 months per year as prescribed by OAR 333-061-0036(5)(e)(E), the bin concentration is equal to the highest arithmetic average of all sample concentrations during any year of Cryptosporidium monitoring.

(E) If the monthly Cryptosporidium sampling frequency varies, water systems must first calculate a monthly average for each month of monitoring. Water systems must then use these monthly average concentrations, rather than individual sample concentrations, in the applicable calculation for bin classification of this subsection.

(F) Bin classification table.

(i) Filtered water systems must determine their initial bin classification from Table 9 as follows and using the Cryptosporidium bin concentration calculated under subsection (4)(f) of this rule: [Table not included. See ED. NOTE.]

(ii) Following completion of the second round of source water monitoring required as prescribed by OAR 333-061-0036(5)(e)(B), filtered water systems must recalculate their Cryptosporidium bin concentration based upon the sample results reported in accordance with OAR 333-061-0036(5)(e)(B) and following the procedures specified in paragraphs (4)(f)(A) through (D) of this rule. Water systems must then re-determine their bin classification using Table 9 in paragraph (4)(f)(F) of this rule.

(G) Filtered water systems must report their bin classification as prescribed by paragraph (4)(f)(F) of this rule to the Authority for approval no later than 6 months after the system is required to complete the initial and second round of source water monitoring based on the schedule in OAR 333-061-0036(5)(e)(C).

(H) The bin classification report to the Authority must include a summary of source water monitoring data and the calculation procedure used to determine bin classification. Failure to comply with the conditions of this paragraph is a violation of treatment technique requirements.

(g) Additional Cryptosporidium treatment requirements.

(A) Filtered water systems must provide the level of additional treatment for Cryptosporidium specified in Table 10 based on their bin classification as determined under subsection (4)(f) of this rule, and according to the schedule in paragraph (1)(a)(F) of this rule. [Table not included. See ED. NOTE.]

(B) Filtered water systems must use one or more of the treatment and management options listed in section (13) of this rule, termed the microbial toolbox, to comply with the additional Cryptosporidium treatment required by paragraph (4)(g)(A) of this rule.

(C) Systems classified in Bin 3 or Bin 4 must achieve at least 1-log of the additional Cryptosporidium treatment, as required by paragraph (4)(g)(A) of this rule, using either one or a combination of the following: bag filters, bank filtration, cartridge filters, chlorine dioxide, membranes, ozone, or UV, as described in sections (14) through (18) of this rule and in OAR 333-061-0036(5)(c).

(i) Failure by a water system, in any month, to achieve the treatment credit required by sections (14) through (18) of this rule and OAR 333-061-0036(5)(c) that is at least equal to the level of treatment required by paragraph (4)(g)(A) of this rule, is a violation of treatment technique requirements.

(ii) If the Authority determines during a sanitary survey or equivalent source water assessment, that after a system completed the monitoring conducted as required by OAR 333-061-0036(5)(e)(A) or (B), significant changes occurred in the system’s watershed that could lead to increased contamination of the source water by Cryptosporidium, the system must take action as specified by the Authority to address the contamination. These actions may include additional source water monitoring and/or implementing microbial toolbox options specified in section (13) of this rule.

(5) Disinfection requirements for systems utilizing surface water or GWUDI sources with filtration:

(a) The disinfection treatment must be sufficient to ensure that the total treatment processes of that system achieve at least 99.9 percent (3-log) inactivation and/or removal of Giardia lamblia cysts and at least 99.99 percent (4-log) inactivation and/or removal of viruses as determined by the Authority.

(b) The residual disinfectant concentration in the water entering the distribution system, measured as specified in OAR 333-061-0036(5)(b)(B), cannot be less than 0.2 mg/l for more than 4 hours.

(c) The residual disinfectant concentration in the distribution system, measured as total chlorine, combined chlorine, or chlorine dioxide, as specified is OAR 333-061-0036(5)(b)(E) cannot be undetectable in more than 5 percent of the samples each month, for any two consecutive months that the system serves water to the public.

(6) Requirements for groundwater systems with significant deficiencies or source water fecal or total coliform contamination. The requirements of subsections (6)(a) through (6)(i) of this rule take effect on December 1, 2009.

(a) Groundwater systems must comply with the treatment technique requirements of this section when a significant deficiency is identified.

(b) Groundwater systems must comply with the treatment technique requirements of this section when a groundwater source sample collected in accordance with OAR 333-061-0036(6)(r) through (t) or (w) is E. coli -positive.

(c) When a significant deficiency is identified at a public water system that uses both groundwater and surface water or groundwater under the direct influence of surface water, the system must comply with provisions of this section except in cases where the Authority determines that the significant deficiency is in a portion of the distribution system that is served solely by surface water or groundwater under the direct influence of surface water.

(d) Groundwater systems must consult with the Authority regarding the appropriate corrective action within 30 days of receiving written notice from the Authority of a significant deficiency, written notice from a laboratory that a groundwater source sample collected in accordance with OAR 333-061-0036(6)(s) was found to be E. coli -positive, or direction from the Authority that an E. coli -positive collected in accordance with OAR 333-061-0036(6)(r), (u)(A), or (w) requires corrective action.

(e) Within 120 days (or earlier if directed by the Authority) of receiving written notification from the Authority of a significant deficiency, written notice from a laboratory that a groundwater source sample collected in accordance with OAR 333-061-0036(6)(s) was found to be E. coli -positive, or direction from the Authority that a E. coli -positive sample collected in accordance with OAR 333-061-036(6)(r), (t), or (w) requires corrective action, the groundwater system must either:

(A) Have completed corrective action in accordance with applicable Authority plan review processes or other Authority guidance, including any Authority-specified interim measures; or

(B) Be in compliance with a Authority-approved corrective action plan and schedule subject to the following conditions:

(i) Any subsequent modifications to an approved corrective action plan and schedule must be approved by the Authority; and

(ii) If the Authority specifies interim measures for protection of the public health pending Authority approval of the corrective action plan and schedule, or pending completion of the corrective action plan, the system must comply with these interim measures as well as with any schedule specified by the Authority.

(f) Groundwater systems that meet the conditions of subsections (6)(a) or (6)(b) of this rule must implement one or more of the following corrective action alternatives:

(A) Correct all significant deficiencies;

(B) Provide an alternate source of water;

(C) Eliminate the source of contamination; or

(D) Provide treatment that reliably achieves at least 4-log inactivation, removal, or a combination of inactivation and removal of viruses before or at the first customer, for the groundwater source.

(g) A groundwater system with a significant deficiency is in violation of treatment technique requirements if, within 120 days (or earlier if directed by the Authority) of receiving written notice from the Authority of the significant deficiency, the water system:

(A) Does not complete corrective action in accordance with applicable Authority plan review processes or other Authority guidance, including Authority specified interim actions and measures; or

(B) Is not in compliance with a Authority-approved corrective action plan and schedule.

(h) A groundwater system receiving notification of an E. coli -positive groundwater source sample (unless the Authority invalidates the sample in accordance with OAR 333-061-0036(6)(x)) is in violation of treatment technique requirements if, within 120 days (or earlier if directed by the Authority), the system:

(A) Does not complete corrective action in accordance with any applicable Authority plan review processes or other Authority guidance, including Authority-specified interim actions and measures; or

(B) Is not in compliance with a Authority-approved corrective action plan and schedule.

(i) A groundwater system, subject to the requirements of subsection (7)(b) of this rule, that fails to maintain at least 4-log treatment of viruses (using inactivation, removal, or a Authority-approved combination of 4-log virus inactivation and removal) before or at the first customer for a groundwater source is in violation of treatment technique requirements if the failure is not corrected within four hours of determining the system is not maintaining at least 4-log treatment of viruses before or at the first customer.

(j) Systems using ground water sources shall provide continuous disinfection as prescribed in OAR 333-061-0050(5) under the following conditions:

(A) When there are consistent violations of the total coliform rule attributed to source water quality;

(B) When a potential health hazard exists as determined by the Authority.

(7) Compliance monitoring requirements for groundwater systems that provide at least 4-log treatment of viruses. Water systems must comply with the requirements of (7)(a) through (7)(c) of this rule beginning on December 1, 2009.

(a) A groundwater system that is not required to meet the source water monitoring requirements of 333-061-0036(6)(r) through 333-061-0036(6)(u) of these rules, because it provides at least 4-log treatment of viruses (using inactivation, removal, or an Authority-approved combination of 4-log virus inactivation and removal) before or at the first customer for any groundwater source, must comply with the requirements of this subsection by December 1, 2009 or within 30 days of placing the groundwater source in service, whichever is later.

(A) The water system must notify the Authority in writing, that it provides at least 4-log treatment of viruses (using inactivation, removal, or an Authority-approved combination of 4-log virus inactivation and removal) before or at the first customer for the groundwater source. Notification to the Authority must include engineering, operational, or other information that the Authority requests to evaluate the submission.

(B) The system must conduct compliance monitoring as required by subsection (7)(b) of this rule.

(C) The system must conduct groundwater source monitoring under OAR 333-061-0036(6) if the system subsequently discontinues 4-log treatment of viruses (using inactivation, removal, or an Authority-approved combination of 4-log virus inactivation and removal) before or at the first customer for the groundwater source.

(b) Monitoring requirements. A groundwater system subject to the requirements of section (6) or subsection (7)(a) of this rule must monitor the effectiveness and reliability of treatment for that groundwater source before or at the first customer as follows:

(A) Chemical Disinfection:

(i) Groundwater systems serving greater than 3,300 people must continuously monitor the residual disinfectant concentration using analytical methods as specified in OAR 333-061-0036(1), at a location approved by the Authority, and must record the lowest residual disinfectant concentration each day that water from the groundwater source is served to the public. The groundwater system must maintain the Authority-determined residual disinfectant concentration every day the groundwater system serves water from the groundwater source to the public. If there is a failure in the continuous monitoring equipment, the groundwater system must conduct grab sampling every four hours until the continuous monitoring equipment is returned to service. The system must resume continuous residual disinfectant monitoring within 14 days.

(ii) Groundwater systems serving 3,300 or fewer people must monitor the residual disinfectant concentration using analytical methods as specified in OAR 333-061-0036(1), at a location approved by the Authority, and record the residual disinfection concentration each day that water from the groundwater source is served to the public. The groundwater system must maintain the Authority-determined residual disinfectant concentration every day the groundwater system serves water from the groundwater source to the public. The groundwater system must take a daily grab sample during the hour of peak flow or at another time specified by the Authority. If any daily grab sample measurement falls below the Authority-determined residual disinfectant concentration, the groundwater system must take follow-up samples every four hours until the residual disinfectant concentration is restored to the Authority-determined level. Alternately, a groundwater system that serves 3,300 or fewer people may monitor continuously and meet the requirements of subparagraph (7)(b)(A)(i) of this rule.

(B) Membrane filtration. A groundwater system that uses membrane filtration to achieve at least 4-log removal of viruses must monitor and operate the membrane filtration process in accordance with all Authority-specified monitoring and compliance requirements. A groundwater system that uses membrane filtration is in compliance with the requirement to achieve at least 4-log removal of viruses when:

(i) The membrane has an absolute molecular weight cut-off (MWCO), or an alternate parameter describing the exclusion characteristics of the membrane, that can reliably achieve at least 4-log removal of viruses;

(ii) The membrane process is operated in accordance with Authority-specified compliance requirements; and

(iii) The integrity of the membrane is intact as verified per OAR 333-061-0050(4)(c)(J).

(C) Alternative treatment. A groundwater system that uses an Authority-approved alternative treatment to provide at least 4-log treatment of viruses (using inactivation, removal, or an Authority-approved combination of 4-log virus inactivation and removal) before or at the first customer must:

(i) Monitor the alternative treatment in accordance with all Authority-specified monitoring requirements; and

(ii) Operate the alternative treatment in accordance with all compliance requirements that the Authority determines to be necessary to achieve at least 4-log treatment of viruses.

(c) Discontinuing treatment. A groundwater system may discontinue 4-log treatment of viruses (using inactivation, removal, or an Authority-approved combination of 4-log virus inactivation and removal) before or at the first customer for a groundwater source if the Authority determines, and documents in writing, that 4-log treatment of viruses is no longer necessary for that groundwater source. A system that discontinues 4-log treatment of viruses is subject to the source water monitoring requirements of OAR 333-061-0036(6).

(8) Determination of groundwater under the direct influence of surface water (GWUDI).

(a) Except as listed in (8)(b) of this rule, all Public Water Systems using groundwater as a source of drinking water must evaluate their source(s) for the potential of direct influence of surface water if the source(s) is:

(A) In proximity to perennial or intermittent surface water, the source meets one of the distance-hydrogeologic setting criteria outlined below as specified by the Source Water Assessment or other Authority-approved hydrogeologic study:

(i) 500 feet within a fractured bedrock or layered volcanic aquifer;

(ii) 200 feet within a coarse sand, gravel and boulder aquifer;

(iii) 100 feet within a sand and gravel aquifer;

(iv) 75 feet within a sand aquifer;

(v) Greater distances if geologic conditions or historical monitoring data indicate additional risk at the source, and

(B) Has a confirmed or suspected history of coliform bacteria in the source; or

(C) Through the Source Water Assessment the source has been determined by the Authority to be highly sensitive as a result of aquifer characteristics, vadose zone characteristics, monitoring history or well construction.

(b) Notwithstanding the requirement given in subsection (8)(a) of this rule, systems that derive their water from wells using a hand pump only are not subject to this rule.

(c) Groundwater sources that meet one of the criteria in paragraph (8)(a)(A) of this rule and meet either the criteria in paragraphs (8)(a)(B) or (C) in this rule, must begin raw water (before treatment) coliform sampling of their drinking water source.

(d) Raw water samples must be collected monthly for a period not to exceed 12 months.

(e) Samples shall be marked as “special” and cannot be used in lieu of sampling required for routine coliform monitoring within the distribution system (after treatment). Nor can samples collected to satisfy routine coliform monitoring requirements be used to satisfy the requirements of this rule.

(f) If a raw water sample is reported as fecal or E. coli -positive, then the system must collect five additional raw water special samples within 24 hours of receiving notification from the laboratory.

(g) If any of the five additional special samples are fecal or E. coli -positive then the original fecal or E. coli -positive is considered confirmed and the system must have the raw water analyzed for surface water indicators using the microscopic particulate analysis (MPA) method described in subsection (8)(o) of this rule. Systems whose raw water samples are consistently total coliform positive may be required to conduct microscopic particulate analyses at the discretion of the Authority.

(h) A confirmed fecal or E. coli -positive sample from the raw water in an otherwise treated water system is not considered a violation of the coliform MCL and is not subject to the public notice or direct laboratory reporting requirements.

(i) If a water system experiences a confirmed fecal or E. coli positive test result of their raw water, no further monthly raw water testing is required.

(j) Sources may be re-evaluated if geologic conditions or water quality trends change over time, as determined by the Authority.

(k) Sources that have been determined by the Source Water Assessment as not susceptible to being under the direct surface water influence are considered groundwater and do not need further evaluation.

(l) Public water systems that are required to evaluate their source(s) for direct influence of surface water may submit results of a hydrogeological assessment to demonstrate that the source is not potentially under the direct influence of surface water. The assessment must be consistent with the Oregon State Board of Geologist Examiners “Hydrology Report Guidelines,” shall be completed within a time frame specified by the Authority and shall include the following:

(A) Well characteristics: well depth, screened or perforated interval, casing seal placement;

(B) Aquifer characteristics: thickness of the vadose zone, hydraulic conductivity of the vadose zone and the aquifer, presence of low permeability zones in the vadose zone, degree of connection between the aquifer and surface water;

(C) Hydraulic gradient: gradient between the aquifer and surface water source during pumping conditions, variation of static water level and surface water level with time;

(D) Groundwater flow: flow of water from the surface water source to the groundwater source during pumping conditions, estimated time-of-travel for groundwater from the surface water source to the well(s), spring(s), etc.; and

(E) The hydrogeologic assessment must be completed by an Oregon registered geologist or other licensed professional with demonstrated experience and competence in hydrogeology in accordance with ORS 672.505 through 672.705.

(m) Emergency groundwater sources that meet the criteria of subsection (a) of this section can either be evaluated as prescribed in subsection (8)(c) of this rule, or the evaluation can be waived if a Tier 2 public notice prescribed in OAR 333-061-0042 is issued each time the source is used. The notice must explain that the source has been identified as potentially under the direct influence of surface water, but has not been fully evaluated, and therefore may not be treated sufficiently to inactivate pathogens such as Giardia lamblia or Cryptosporidium.

(n) Water systems that derive their water from a confined aquifer and have been determined to be potentially under the direct influence of surface water solely as a result of inadequate well construction under paragraph (8)(a)(B) of this rule may choose to reconstruct their source according to construction standards as prescribed in OAR 333-061-0050.

(o) Water system sources that have been determined to be potentially under the direct influence of surface water must conduct a minimum of two Microscopic Particulate Analyses (MPAs) according to the “Consensus Method for Determining Groundwaters under the Direct Influence of Surface Water Using Microscopic Particulate Analysis (MPA)”. Both Samples are to be taken during a period of high runoff or streamflow, separated by a period of at least four weeks, or at other times as determined by the Authority.

(p) Scoring of MPAs shall be partially modified from the “Consensus Method” according to Table 11. Scoring for Giardia, coccidia, rotifers, and plant debris remains unchanged. [Table not included. See ED. NOTE.]

(q) Determinations of water system source classification based on MPAs are made as follows:

(A) If all MPAs have a risk score of less than 10, the water system source is classified as groundwater;

(B) If any MPA risk score is greater than 19, or two or more are greater than 14, the water system source is classified as under the direct influence of surface water;

(C) If at least one MPA risk score is between 10 and 19 or both are between 10 and 15, an additional set of two MPAs must be taken. Determinations are made as follows:

(i) If four or all MPA risk scores are less than 15, the water system source is classified as groundwater; and

(ii) If two or more MPA risk scores are greater than 14, or one or more is greater than 19, the water system source is classified as under the direct influence of surface water;

(iii) Two additional MPAs must be taken if only one of four MPA risk scores is greater than 14. Scores will be evaluated according to subsection (8)(o) and (p) of this rule, or by further evaluation by the Authority.

(r) If an infiltration gallery, Ranney well, or dug well has been determined to be classified as groundwater under this rule, the turbidity of the source must be monitored and recorded daily and kept by the water system operator. If the turbidity exceeds 5 NTU or if the surface water body changes course such that risk to the groundwater source is increased, an MPA must be taken at that time. Re-evaluation may be required by the Authority.

(s) The Authority can determine a groundwater source to be under the direct influence of surface water if the criteria in subsection (8)(a) of this rule are true and there are significant or relatively rapid shifts in groundwater characteristics, such as turbidity, which closely correlate to changes in weather or surface water conditions.

(t) If geologic conditions, water quality trends, or other indicators change, the Authority can require re-evaluation, as detailed in this section, of a source despite any data previously collected or any determination previously made.

(u) The Authority may determine that a source is not under direct influence of surface water based on criteria other than MPAs including the Source Water Assessment, source water protection, and other water quality parameters. The determinations shall be based on the criteria indicating that the water source has a very low susceptibility to contamination by parasites, including Giardia and Cryptosporidium. The Authority may impose additional monitoring or disinfection treatment requirements to ensure that the risk remains low.

(9) Requirements for groundwater sources under the direct influence of surface water seeking alternative filtration credit through bank filtration:

(a) Water systems with all MPA risk scores less than 30 may choose the option to evaluate for bank filtration credit. The water system must conduct a demonstration of performance study that includes an assessment of the ability of the local hydrogeologic setting to provide a minimum of 2-log reduction in the number of particles and microorganisms in the Giardia and Cryptosporidium size range between surface water and the groundwater source. The bank filtration study must include the following elements or other Authority approved methods:

(A) The bank filtration study must involve the collection of data on removal of biological surrogates and particles in the Cryptosporidium size range of 2–5 microns or other surrogates approved by the Authority, and related hydrogeologic and water quality parameters during the full range of operating conditions. The demonstration study methods shall be reviewed and approved by the Authority prior to implementation. Final assessment of removal credit granted to the well shall be made by the Authority based on the study results.

(b) If a GWUDI system using bank filtration as an alternative filtration technology violates the MCL for turbidity specified in OAR 333-061-0030(3)(b)(D), the water system must investigate the cause of the high turbidity within 24 hours of the exceedance. Pending the results of the investigation by the water system, the Authority may require a new bank filtration study.

(10) Disinfection Byproduct Control Requirements:

(a) This rule establishes criteria under which community water systems and Non-transient, Non-community water systems which add a chemical disinfectant to the water in any part of the drinking water treatment process must modify their practices to meet MCLs and MRDLs in OAR 333-061-0030 and 0031, respectively. This rule also establishes the treatment technique requirements for disinfection byproduct precursors. This rule establishes criteria under which transient non-community water systems that use chlorine dioxide as a disinfectant or oxidant must modify their practices to meet the MRDL for chlorine dioxide as specified in OAR 333-061-0031.

(b) Compliance dates.

(A) Community and Non-transient Non-community water systems serving at least 10,000 people using surface water or groundwater under the direct influence of surface water must comply with the treatment technique requirements of this rule as well as monitoring and maximum contaminants requirements for disinfection byproduct control as specified in OAR 333-061-0030 and 0036, respectively beginning January 1, 2002. Those systems serving fewer than 10,000 people using surface water or groundwater under the direct influence of surface water and those systems using only groundwater not under the direct influence of surface water must comply with the rules identified in this paragraph beginning January 1, 2004.

(B) Transient non-community water systems serving at least 10,000 people using surface water or groundwater under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must comply with the requirements for chlorine dioxide in this rule and OAR 333-061-0030 and 0036 beginning January 1, 2002. Those systems serving fewer than 10,000 persons using surface water or groundwater under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant and systems using only ground water not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must comply with the requirements for chlorine dioxide in this rule and OAR 333-061-0030 and 0036 beginning January 1, 2004.

(c) Water systems may increase residual disinfectant levels in the distribution system of chlorine or chloramines (but not chlorine dioxide) to a level and for a time necessary to protect public health, to address specific microbiological contamination problems caused by circumstances such as, but not limited to, distribution line breaks, storm run-off events, source water contamination events, or cross connection events.

(d) Treatment technique for control of disinfection by-product precursors. Community and Non-transient Non-community water systems using conventional filtration treatment must operate with enhanced coagulation or enhanced softening to achieve the total organic carbon (TOC) percent removal levels specified in subsection (10)(e) of this rule unless the system meets at least one of the alternative compliance criteria listed in paragraph (10)(d)(A) or (10)(d)(B) of this rule.

(A) Alternative compliance criteria for enhanced coagulation and enhanced softening systems. Water systems may use the alternative compliance criteria in subparagraphs (10)(d)(A)(i) through (vi) of this rule in lieu of complying with the performance criteria specified in subsection (e) of this section. Systems must still comply with monitoring requirements specified in OAR 333-061-0036(4)(n).

(i) The system’s source water TOC level is less than 2.0 mg/L, calculated quarterly as a running annual average.

(ii) The system’s treated water TOC level is less than 2.0 mg/L, calculated quarterly as a running annual average.

(iii) The system’s source water TOC is less than 4.0 mg/L, calculated quarterly as a running annual average; the source water alkalinity is greater than 60 mg/L (as CaCO3 calculated quarterly as a running annual average; and either the TTHM and HAA5 running annual averages are no greater than 0.040 mg/L and 0.030 mg/L, respectively; or prior to the effective date for compliance, the system has made a clear and irrevocable financial commitment not later than the effective date for compliance in this rule to use of technologies that will limit the levels of TTHMs and HAA5 to no more than 0.040 mg/L and 0.030 mg/L, respectively. Systems must submit evidence of a clear and irrevocable financial commitment, in addition to a schedule containing milestones and periodic progress reports for installation and operation of appropriate technologies, to the Authority for approval not later than the effective date for compliance in this rule. These technologies must be installed and operating not later than June 30, 2005. Failure to install and operate these technologies by the date in the approved schedule will constitute a violation of National Primary Drinking Water Regulations.

(iv) The TTHM and HAA5 running annual averages are no greater than 0.040 mg/L and 0.030 mg/L, respectively, and the system uses only chlorine for primary disinfection and maintenance of a residual in the distribution system.

(v) The system’s source water SUVA, prior to any treatment and measured monthly is less than or equal to 2.0 L/mg-m, calculated quarterly as a running annual average.

(vi) The system’s finished water SUVA, measured monthly is less than or equal to 2.0 L/mg-m, calculated quarterly as a running annual average.

(B) Additional alternative compliance criteria for softening systems. Systems practicing enhanced softening that cannot achieve the TOC removals required by paragraph (10)(e)(B) of this rule may use the alternative compliance criteria in subparagraphs (10)(d)(B)(i) and (ii) of this rule in lieu of complying with subsection (10)(e) of this rule. Systems must still comply with monitoring requirements in specified in OAR 333-061-0036(4)(n).

(i) Softening that results in lowering the treated water alkalinity to less than 60 mg/L (as CaCO3), measured monthly and calculated quarterly as a running annual average.

(ii) Softening that results in removing at least 10 mg/L of magnesium hardness (as CaCO3), measured monthly and calculated quarterly as a running annual average.

(e) Enhanced coagulation and enhanced softening performance requirements.

(A) Systems must achieve the percent reduction of TOC specified in paragraph (10)(e)(B) in this rule between the source water and the combined filter effluent, unless the Authority approves a system’s request for alternate minimum TOC removal (Step 2) requirements under paragraph (10)(e)(C) of this rule.

(B) Required Step 1 TOC reductions, specified in Table 12, are based upon specified source water parameters. Systems practicing softening are required to meet the Step 1 TOC reductions in the far-right column (Source water alkalinity >120 mg/L) for the specified source water TOC: [Table not included. See ED. NOTE.]

(C) Water systems that cannot achieve the Step 1 TOC removals required by paragraph (10)(e)(B) of this rule due to water quality parameters or operational constraints must apply to the Authority, within three months of failure to achieve the TOC removals required by paragraph (10)(e)(B) of this rule, for approval of alternative minimum TOC (Step 2) removal requirements submitted by the water system. If the Authority approves the alternative minimum TOC removal (Step 2) requirements, the Authority may make those requirements retroactive for the purposes of determining compliance. Until the Authority approves the alternate minimum TOC removal (Step 2) requirements, the water system must meet the Step 1 TOC removals contained in paragraph (10)(e)(B) of this rule.

(D) Alternate minimum TOC removal (Step 2) requirements. Applications made to the Authority by enhanced coagulation systems for approval of alternative minimum TOC removal (Step 2) requirements under paragraph (10)(e)(C) of this rule must include, as a minimum, results of bench-scale or pilot-scale testing conducted under subparagraph (10)(e)(D)(i) of this rule. The submitted bench-scale or pilot scale testing must be used to determine the alternate enhanced coagulation level.

(i) Alternate enhanced coagulation level is defined as coagulation at a coagulant dose and pH as determined by the method described in subparagraphs (10)(e)(D)(i) through (v) of this rule such that an incremental addition of 10 mg/L of alum (or equivalent amount of ferric salt) results in a TOC removal of less than or equal to 0.3 mg/ L. The percent removal of TOC at this point on the “TOC removal versus coagulant dose” curve is then defined as the minimum TOC removal required for the system. Once approved by the Authority, this minimum requirement supersedes the minimum TOC removal required by the Table 12 in paragraph (10)(e)(B) of this rule. This requirement will be effective until such time as the Authority approves a new value based on the results of a new bench-scale and pilot-scale test. Failure to achieve Authority-set alternative minimum TOC removal levels is a violation.

(ii) Bench-scale or pilot-scale testing of enhanced coagulation must be conducted by using representative water samples and adding 10 mg/L increments of alum (or equivalent amounts of ferric salt) until the pH is reduced to a level less than or equal to the enhanced coagulation Step 2 target pH as specified in Table 13: [Table not included. See ED. NOTE.]

(iii) For waters with alkalinities of less than 60 mg/L for which addition of small amounts of alum or equivalent addition of iron coagulant drives the pH below 5.5 before significant TOC removal occurs, the system must add necessary chemicals to maintain the pH between 5.3 and 5.7 in samples until the TOC removal of 0.3 mg/L per 10 mg/L alum added (or equivalent addition of iron coagulant) is reached.

(iv) The system may operate at any coagulant dose or pH necessary, consistent with these rules to achieve the minimum TOC percent removal approved under paragraph (10)(e)(C) of this rule.

(v) If the TOC removal is consistently less than 0.3 mg/L of TOC per 10 mg/L of incremental alum dose at all dosages of alum (or equivalent addition of iron coagulant), the water is deemed to contain TOC not amenable to enhanced coagulation. The water system may then apply to the Authority for a waiver of enhanced coagulation requirements.

(f) Compliance calculations.

(A) Water systems other than those identified in paragraphs (10)(d)(A) or (d)(B) of this rule must comply with requirements contained in paragraph (10)(e)(B) or (C) of this rule. Systems must calculate compliance quarterly, beginning after the system has collected 12 months of data, by determining an annual average using the following method:

(i) Determine actual monthly TOC percent removal, equal to: {1- (treated water TOC/source water TOC)}x100

(ii) Determine the required monthly TOC percent removal (from either Table 9 in paragraph (10)(e)(B) of this rule or from paragraph (10)(e)(C) of this rule).

(iii) Divide the value in subparagraph (10)(f)(A)(i) of this rule by the value in subparagraph (10)(f)(A)(ii) of this rule.

(iv) Add together the results of subparagraph (10)(f)(A)(iii) of this rule for the last 12 months and divide by 12.

(v) If the value calculated in subparagraph (10)(f)(A)(iv) of this rule is less than 1.00, the water system is not in compliance with the TOC percent removal requirements.

(B) Water systems may use the provisions in subparagraphs (10)(f)(B)(i) through (v) of this rule in lieu of the calculations in subparagraph (10)(f)(A)(i) through (v) of this rule to determine compliance with TOC percent removal requirements.

(i) In any month that the water system’s treated or source water TOC level is less than 2.0 mg/L, the water system may assign a monthly value of 1.0 (in lieu of the value calculated in subparagraph (10)(f)(A)(iii) of this rule) when calculating compliance under the provisions of paragraph (10)(f)(A) of this rule.

(ii) In any month that a system practicing softening removes at least 10 mg/L of magnesium hardness (as CaCO3), the water system may assign a monthly value of 1.0 (in lieu of the value calculated in subparagraph (10)(f)(A)(iii) of this rule) when calculating compliance under the provisions of paragraph (10)(f)(A) of this rule.

(iii) In any month that the water system’s source water SUVA, prior to any treatment is less than or equal to 2.0 L/mg-m, the water system may assign a monthly value of 1.0 (in lieu of the value calculated in subparagraph (10)(f)(A)(iii) of this rule) when calculating compliance under the provisions of paragraph (10)(f)(A) of this rule.

(iv) In any month that the water system’s finished water SUVA is less than or equal to 2.0 L/mg-m, the system may assign a monthly value of 1.0 (in lieu of the value calculated in subparagraph (10)(f)(A)(iii) of this rule) when calculating compliance under the provisions of paragraph (10)(f)(A) of this rule.

(v) In any month that a system practicing enhanced softening lowers alkalinity below 60 mg/L (as CaCO3), the water system may assign a monthly value of 1.0 (in lieu of the value calculated in subparagraph (10)(f)(A)(iii) of this rule) when calculating compliance under the provisions of paragraph (10)(f)(A) of this rule.

(C) Water systems using conventional treatment may also comply with the requirements of this section by meeting the criteria in paragraph (10)(d)(A) or (B) of this rule.

(g) Treatment technique requirements for DBP precursors. Treatment techniques to control the level of disinfection byproduct precursors in drinking water treatment and distribution systems are recognized by the Authority for water systems using surface water or groundwater under the direct influence of surface water using conventional treatment as enhanced coagulation or enhanced softening.

(11) Requirements for Water Treatment Plant Recycled Water

(a) Any water system using surface water or groundwater under the direct influence of surface water that uses conventional filtration treatment or direct filtration treatment and that recycles spent filter backwash water, thickener, supernatant, or liquids from dewatering processes must meet the requirements of subsections (10)(b) and (c) of this rule and OAR 333-061-0040(2)(i).

(b) A water system must notify the Authority in writing by December 8, 2003 if that water system recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes. This notification must include, at a minimum, the information specified in paragraphs (10)(b)(A) and (B) of this rule.

(A) A water treatment plant schematic showing the origin of all flows which are recycled (including, but not limited to, spent filter backwash water, thickener supernatant, and liquids from dewatering processes), the hydraulic conveyance used to transport them, and the location where they are re-introduced back into the water treatment plant.

(B) Typical recycle flow in gallons per minute (gpm), the highest observed water treatment plant flow experienced in the previous year (gpm), the design flow for the water treatment plant (gpm), and the operating capacity of the water treatment plant (gpm) that has been determined by the Authority where the Authority has made such determinations.

(c) Any water system that recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes must return these flows through the processes of a system’s existing conventional filtration treatment plant or direct filtration treatment plant as defined by these rules or at an alternate location approved by the Authority by June 8, 2004. If capital improvements are required to modify the recycle location to meet this requirement, all capital improvements must be completed no later than June 8, 2006.

(12) Water systems using uncovered finished water storage facilities must comply with the conditions of either subsections (12)(a) or (b) of this rule for each uncovered finished water storage facility, or be in compliance with a Authority-approved schedule to meet these conditions no later than April 1, 2009.

(a) Water systems must cover any uncovered finished water storage facility; or

(b) Treat the discharge from the uncovered finished water storage facility into the distribution system to achieve at least 4-log virus, 3-log Giardia lamblia, and 2-log Cryptosporidium inactivation and/or removal using a protocol approved by the Authority.

(c) Failure to comply with the requirements of this section is a violation of the treatment technique requirement.

(13) Summary and General Requirements of Microbial toolbox options for meeting Cryptosporidium treatment requirements. Filtered water systems are eligible for the treatment credits listed in Table 14 of this section by meeting the conditions for microbial toolbox options described in sections (14) through (18) of this rule and in OAR 333-061-0036(5)(c). Unfiltered water systems are eligible only for the treatment credits specified as inactivation toolbox options in Table 14. Water systems apply these treatment credits to meet the requirements of subsections (3)(e) or (4)(g) of this rule, as applicable. [Table not included. See ED. NOTE.]

(14) Source toolbox components for meeting Cryptosporidium treatment requirements.

(a) Watershed control program. Water systems receive 0.5-log Cryptosporidium treatment credit for implementing a watershed control program that meets the requirements of this subsection.

(A) Water systems must notify the Authority of the intent to apply for the watershed control program credit no later than two years prior to the treatment compliance date applicable to the system in subsection (1)(a) of this rule.

(B) Water systems must submit a proposed watershed control plan to the Authority no later than one year before the applicable treatment compliance date in subsection (1)(a) of this rule. The Authority must approve the watershed control plan for the water system to receive the applicable treatment credit. The watershed control plan must include the following elements:

(i) Identification of an area of influence, outside of which the likelihood of Cryptosporidium or fecal contamination affecting the treatment plant intake is not significant. This is the area to be evaluated in future watershed surveys under subparagraph (14)(a)(E)(ii) of this rule;

(ii) Identification of both potential and actual sources of Cryptosporidium contamination, and an assessment of the relative impact of these contamination sources on the water system’s source water quality;

(iii) An analysis of the effectiveness and feasibility of control measures that could reduce Cryptosporidium loading from sources of contamination to the system’s source water; and

(iv) A statement of goals and specific actions the system will undertake to reduce source water Cryptosporidium levels. The plan must explain how the actions are expected to contribute to specific goals, identify watershed partners and their roles, identify resource requirements and commitments, and include a schedule for plan implementation with deadlines for completing specific actions identified in the plan.

(C) Water Systems with existing watershed control programs are eligible to seek this credit, but must meet the requirements prescribed in paragraph (14)(a)(B) of this rule, and must specify ongoing and future actions that will reduce source water Cryptosporidium levels.

(D) If the Authority does not respond to a water system regarding approval of a watershed control plan submitted in accordance with this section, and the system meets the other requirements of this section, the watershed control program will be considered approved and a 0.5 log Cryptosporidium treatment credit will be awarded unless the Authority subsequently withdraws such approval.

(E) Water systems must complete the actions specified in this paragraph to maintain the 0.5-log credit.

(i) Water systems must submit an annual watershed control program status report to the Authority. The status report must describe the water system’s implementation of the approved plan, and assess the adequacy of the plan to meet its goals. It must explain how the water system is addressing any deficiencies in plan implementation, including those previously identified by the Authority, or as the result of the watershed survey conducted in accordance with subparagraph (14)(a)(E)(ii) of this rule. The watershed control program status report must also describe any significant changes that have occurred in the watershed since the last watershed sanitary survey.

(ii) Water systems must undergo a watershed sanitary survey every three years for community water systems and every five years for non-community water systems and submit the survey report to the Authority. The survey must be conducted according to Authority guidelines and by persons the Authority approves.

(I) The watershed sanitary survey must meet the following criteria: encompass the region identified in the Authority approved watershed control plan as the area of influence; assess the implementation of actions to reduce source water Cryptosporidium levels; and identify any significant new sources of Cryptosporidium.

(II) If the Authority determines that significant changes may have occurred in the watershed since the previous watershed sanitary survey, water systems must undergo another watershed sanitary survey by a date determined by the Authority regardless of the regular date specified in subparagraph (14)(a)(E)(ii) of this rule.

(iii) The water system must make the watershed control plan, annual status reports, and watershed sanitary survey reports available to the public upon request. These documents must be in a plain language style and include criteria by which to evaluate the success of the program in achieving plan goals. The Authority may approve withholding portions of the annual status report, watershed control plan, and watershed sanitary survey from the public based on water supply security considerations.

(F) If the Authority determines that a water system is not implementing the approved watershed control plan, the Authority may withdraw the watershed control program treatment credit.

(G) If a water system determines, during implementation, that making a significant change to its approved watershed control program is necessary, the system must notify the Authority prior to making any such changes. If any change is likely to reduce the level of source water protection, the system must notify the Authority of the actions the water system will take to mitigate this effect.

(b) Alternative source. A water system may conduct source water monitoring that reflects a different intake location (either in the same source or from an alternate source), or a different procedure for the timing or level of withdrawal from the source. If the Authority approves, a system may determine its bin classification under subsection (4)(f) of this rule based on the alternative source monitoring results.

(A) If a water system conducts alternative source monitoring as prescribed by this subsection, the water system must also monitor their current plant intake concurrently as prescribed by OAR 333-061-0036(5)(e).

(B) Alternative source monitoring as prescribed by this subsection must meet the requirements for source monitoring to determine bin classification, as described in OAR 333-061-0036(1), OAR 333-061-0036(5)(e) through (g), and OAR 333-061-0040(1)(m). Water systems must report the alternative source monitoring results to the Authority, including supporting information that documents the operating conditions under which the samples were collected.

(C) If a system determines its bin classification according to subsection (4)(f) of this rule using alternative source monitoring results that reflect a different intake location or a different procedure for managing the timing or level of withdrawal from the source, the system must relocate the intake or permanently adopt the withdrawal procedure, as applicable, no later than the applicable treatment compliance date in subsection (1)(a) of this rule.

(15) Pre-filtration treatment toolbox components for meeting Cryptosporidium treatment requirements.

(a) Presedimentation. Systems receive 0.5-log Cryptosporidium treatment credit for a presedimentation basin during any month the process meets the criteria specified in this paragraph:

(A) The presedimentation basin must be in continuous operation, and must treat the entire plant flow taken from a surface water or GWUDI source;

(B) The water system must continuously add a coagulant to the presedimentation basin; and

(C) The presedimentation basin must achieve the performance criteria specified in this paragraph.

(i) The basin must demonstrate at least 0.5-log mean reduction of influent turbidity. This reduction must be determined using daily turbidity measurements of the presedimentation process influent and effluent, and must be calculated as follows: log10(monthly mean of daily influent turbidity)-log10(monthly mean of daily effluent turbidity).

(ii) The basin must also comply with Authority-approved performance criteria that demonstrates at least 0.5-log mean removal of micron-sized particulate material through the presedimentation process.

(b) Two-stage lime softening. Systems receive an additional 0.5-log Cryptosporidium treatment credit for a two-stage lime softening plant if chemical addition and hardness precipitation occur in two separate and sequential softening stages prior to filtration. Both softening stages must treat the entire plant flow taken from a surface water or GWUDI source.

(c) Bank filtration. Water systems receive Cryptosporidium treatment credit for bank filtration that serves as pretreatment to a filtration plant by meeting the criteria specified in this section. Water systems using bank filtration when they begin source water monitoring according to OAR 333-061-0036(5)(e) must collect samples as prescribed by OAR 333-061-0036(5)(g) and are not eligible for this credit.

(A) Wells with a groundwater flow path of at least 25 feet receive 0.5-log treatment credit. Wells with a groundwater flow path of at least 50 feet receive 1.0-log treatment credit. The groundwater flow path must be determined as specified in paragraph (D) of this subsection.

(B) Only wells in granular aquifers are eligible for treatment credit. Granular aquifers are those comprised of sand, clay, silt, rock fragments, pebbles or larger particles, and minor cement. A water system must characterize the aquifer at the well site to determine aquifer properties.

(i) Water systems must extract a core from the aquifer and demonstrate that in at least 90 percent of the core length, grains less than 1.0 mm in diameter constitute at least 10 percent of the core material.

(C) Only horizontal and vertical wells are eligible for treatment credit.

(D) For vertical wells, the groundwater flow path is the measured distance from the edge of the surface water body under high flow conditions (as determined by the 100 year floodplain elevation boundary or by the floodway, as defined in Federal Emergency Management Agency flood hazard maps) to the well screen. For horizontal wells, the groundwater flow path is the measured distance from the bed of the river under normal flow conditions to the closest horizontal well lateral screen.

(E) Water systems must monitor each wellhead for turbidity at least once every four hours while the bank filtration process is in operation. If monthly average turbidity levels, based on daily maximum values in the well, exceed 1 NTU, the system must report this result to the Authority and conduct an assessment within 30 days to determine the cause of the high turbidity levels in the well. If the Authority determines that microbial removal has been compromised, the Authority may revoke treatment credit until the water system implements Authority-approved corrective actions to remediate the problem.

(F) Springs and infiltration galleries are not eligible for treatment credit under this section, but are eligible for a treatment credit in accordance with subsection (16)(c) of this rule.

(G) Bank filtration demonstration of performance. The Authority may approve Cryptosporidium treatment credit for bank filtration based on a demonstration of performance study that meets the criteria in this paragraph. This treatment credit may be greater than 1.0-log and may be awarded to bank filtration that does not meet the criteria in (15)(c)(A) through (E) of this rule.

(i) The study must follow a Authority-approved protocol, and must include the collection of data on the removal of Cryptosporidium or a surrogate for Cryptosporidium and related hydrogeologic and water quality parameters during the full range of operating conditions.

(ii) The study must include sampling from both the production well(s) and monitoring wells that are screened and located along the shortest flow path between the surface water source and the production well(s).

(16) Treatment performance toolbox components for meeting Cryptosporidium treatment requirements.

(a) Combined filter performance. Water systems using conventional filtration treatment or direct filtration treatment receive an additional 0.5-log Cryptosporidium treatment credit during any month that the water system meets the criteria in this subsection. Combined filter effluent (CFE) turbidity must be less than or equal to 0.15 NTU in at least 95 percent of the measurements. Turbidity must be measured as described in OAR 333-061-0036(5)(a)(B).

(b) Individual filter performance. Water systems using conventional filtration treatment or direct filtration treatment receive 0.5-log Cryptosporidium treatment credit, which can be in addition to the 0.5-log credit under subsection (16)(a) of this rule, during any month the system meets the criteria in this subsection. Compliance with this criteria must be based on individual filter turbidity monitoring as described in OAR 333-061-0036(5)(d).

(A) The filtered water turbidity for each individual filter must be less than or equal to 0.15 NTU in at least 95 percent of the measurements recorded each month.

(B) No individual filter may have a measured turbidity greater than 0.3 NTU in two consecutive measurements taken 15 minutes apart.

(C) Any system that has received treatment credit for individual filter performance and fails to meet the requirements of paragraphs (16)(b)(A) or (B) of this rule, during any month, is in violation of treatment technique requirements as prescribed by subsection (4)(g) of this rule unless the Authority determines the following:

(i) The failure was due to unusual and short-term circumstances that could not reasonably be prevented through optimizing treatment plant design, operation, or maintenance; and

(ii) The system has experienced no more than two such failures in any calendar year.

(c) Demonstration of performance. The Authority may approve Cryptosporidium treatment credit for water treatment processes based on a demonstration of performance study that meets the criteria in this subsection. This treatment credit may be greater than or less than the prescribed treatment credits in subsection (4)(g) or sections (15) through (18) of this rule and may be awarded to treatment processes that do not meet the criteria for the prescribed credits.

(A) Water systems cannot receive the prescribed treatment credit for any toolbox option in sections (15) through (18) of this rule, if that toolbox option is included in a demonstration of performance study for which treatment credit is awarded under this subsection.

(B) The demonstration of performance study must follow a Authority-approved protocol, and must demonstrate the level of Cryptosporidium reduction achieved by the treatment process under the full range of expected operating conditions for the water system.

(C) Approval by the Authority must be in writing, and may include monitoring and treatment performance criteria that the system must demonstrate and report on an ongoing basis to remain eligible for the treatment credit. The Authority may require such criteria where necessary to verify that the conditions under which the demonstration of performance credit was approved are maintained during routine operation.

(17) Additional filtration toolbox components for meeting Cryptosporidium treatment requirements.

(a) Bag and cartridge filters. Systems receive Cryptosporidium treatment credit of up to 2.0-log for individual bag or cartridge filters and up to 2.5-log for bag or cartridge filters operated in series by meeting the requirements in OAR 333-061-0050(4)(c)(J). To be eligible for this credit, water systems must report to the Authority, the results of challenge testing conducted in accordance with 333-061-0050(4)(c)(J). The filters must treat the entire plant flow.

(b) Membrane filtration. Systems receive Cryptosporidium treatment credit for membrane filtration that meets the requirements of this paragraph. Membrane cartridge filters that meet the definition of membrane filtration in OAR 333-061-0020(122) are eligible for this credit. The level of treatment credit a system receives is equal to the lower of the values determined under 333-061-0050(4)(c)(H)(i) and (ii).

(c) Second stage filtration. Water systems receive 0.5-log Cryptosporidium treatment credit for a separate second stage of Authority-approved filtration that consists of sand, dual media, GAC, or other fine grain media following granular media filtration. To be eligible for this credit, the first stage of filtration must be preceded by a coagulation step and, both filtration stages must treat the entire plant flow taken from a surface water or GWUDI source. The Authority must assign the treatment credit based on an assessment of the design characteristics of the filtration process. A cap (added layer of filter media), such as GAC, on a single stage of filtration is not eligible for this credit.

(d) Slow sand filtration (as secondary filter). Water systems are eligible to receive 2.5-log Cryptosporidium treatment credit for a slow sand filtration process that follows a separate stage of filtration if both filtration stages treat the entire plant flow taken from a surface water or GWUDI source, and no disinfectant residual is present in the influent water to the slow sand filtration process. The Authority must assign the treatment credit based on an assessment of the design characteristics of the filtration process. This subsection does not apply to treatment credit awarded to slow sand filtration used as a primary filtration process.

(18) Inactivation toolbox components for meeting Cryptosporidium treatment requirements.

(a) If Chlorine Dioxide is used, CT values in Table 35 must be met. [Table not included. See ED. NOTE.]

(b) If Ozone is used, CT values in Table 36 must be met. [Table not included. See ED. NOTE.]

(c) To receive treatment credit for UV light, water systems must treat at least 95 percent of the water delivered to the public during each month by UV reactors operating within validated conditions for the required UV dose, as prescribed by OAR 333-061-0036(5)(c)(D) and OAR 333-061-0050(5)(k)(I). Systems must demonstrate compliance with this condition by the monitoring required in OAR 333-061-0036(5)(c)(D)(ii).

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 448.131
Stats. Implemented: ORS 431.110, 431.150, 448.175 & 448.273
Hist.: HD 26-1990, f. 12-26-90, cert. ef. 12-29-90; HD 7-1992, f. & cert. ef. 6-9-92; HD 12-1992, f. & cert. ef. 12-7-92; HD 14-1997, f. & cert. ef. 10-31-97; OHD 4-1999, f. 7-14-99, cert. ef. 7-15-99; OHD 7-2000, f. 7-1-00, cert. ef. 7-15-00; OHD 23-2001, f. & cert. ef. 10-31-01; OHD 17-2002, f. & cert. ef. 10-25-02; PH 12-2003, f. & cert. ef. 8-15-03; PH 33-2004, f. & cert. ef. 10-21-04; PH 2-2006, f. & cert. ef. 1-31-06; PH 2-2008, f. & cert. ef. 2-15-08; PH 4-2009, f. & cert. ef. 5-18-09; PH 7-2010, f. & cert. ef. 4-19-10; PH 13-2012, f. & cert. ef. 9-10-12

333-061-0036

Sampling and Analytical Requirements

(1) General:

(a) Analyses must be conducted by EPA approved methods in accordance with the analytical requirements set forth in 40 CFR 141. Samples analyzed for the purposes of this rule shall be collected after the water has been allowed to flow from the sample tap for a sufficient length of time to assure that the collected sample is representative of water in the distribution system or from the water source as applicable, except for samples collected to determine corrosion by-products. Analysis and handling of Cryptosporidium and E. coli samples collected in accordance with subsections (5)(e) through (5)(h) of this rule must be conducted using EPA approved methods and must meet the requirements set forth in 40 CFR 141.704.

(b) Alternate Analytical Methods:

(A) With the written permission of the Authority, and concurred in by the Administrator of the U.S. EPA, an alternate analytical method may be employed on the condition that it is substantially equivalent to the prescribed test in both precision and accuracy as it relates to the determination of compliance with any MCL; and

(B) The use of the alternate analytical method shall not decrease the frequency of sampling required by these rules.

(c) Accredited laboratories:

(A) For the purpose of determining compliance with the maximum contaminant levels and the sampling requirements of these rules, the Authority will only accept results from samples that have been handled and documented in accordance with Oregon Environmental Laboratory Accreditation Program (ORELAP) standards, and analyzed by a laboratory accredited by ORELAP, except as prescribed by paragraph (1)(c)(D) of this rule. Accredited laboratories will be considered a primary or subcontracted laboratory as specified by subparagraphs (1)(c)(A)(i) and (ii) of this rule.

(i) A primary laboratory is the first accredited laboratory that receives a compliance sample for analysis, and is responsible for chain of custody documentation (if applicable), performing the analytical method on a compliance sample (if applicable), final report review, and submission of results to the water system and the Authority as specified in OAR 333-061-0040(1)(b)(B). Primary laboratories must hold primary or secondary ORELAP accreditation.

(ii) A subcontracted laboratory is an accredited laboratory that performs the analytical method on a compliance sample, and is responsible for sample analysis and result reporting to the primary laboratory as specified in OAR 333-061-0040(1)(b)(B). Subcontracted laboratories must hold ORELAP primary or secondary accreditation for the appropriate method(s).

(B) Measurements for turbidity, disinfectant residual, temperature, alkalinity, calcium, conductivity, chlorite, bromide, TOC, SUVA, dissolved organic carbon (DOC), UV254, orthophosphate, silica and pH may be performed on site using approved methods by individuals trained in sampling and testing techniques. Daily chlorite samples measured at the entrance to the distribution system must be performed by a party approved by the Authority.

(C) Nothing in these rules shall be construed to preclude the Authority or any of its duly authorized representatives from taking samples and from using the results of such samples to determine compliance with applicable requirements of these rules.

(D) All analysis for Cryptosporidium must be conducted by a laboratory that is approved by EPA’s Laboratory Quality Assurance Evaluation Program for Analysis of Cryptosporidium in Water or a laboratory certified for Cryptosporidium analysis by the Authority.

(d) Monitoring of purchasing water systems:

(A) When a public water system obtains its water, in whole or in part, from one or more public water systems, the monitoring requirements imposed by these rules on the purchasing water system may be modified by the Authority to the extent that the system supplying the water is in compliance with its source monitoring requirements. When a public water system supplies water to one or more other public water systems, the Authority may modify monitoring requirements imposed by this rule to the extent that the interconnection of the systems justifies treating them as a single system for monitoring purposes.

(B) Any modified monitoring shall be conducted pursuant to a schedule specified by the Authority and concurred in by the Administrator of the US Environmental Protection Agency.

(e) Water suppliers shall monitor each water source individually for contaminants listed in OAR 333-061-0030 (Maximum Contaminant Levels), except for coliform bacteria, TTHMs and corrosion by-products, at the entry point to the distribution system except as described below. Any such modified monitoring shall be conducted pursuant to a schedule prescribed by the Authority.

(A) If the system draws water from more than one source and sources are combined before distribution, the system may be allowed to sample at an entry point to the distribution system during normal operating conditions, where justified, taking into account operational considerations, geologic and hydrologic conditions, and other factors.

(B) If a system draws water from multiple ground water sources which are not combined before distribution, the system may be allowed to sample at a representative source or sources, where justified, taking into account geologic and hydrogeologic conditions, land uses, well construction, and other factors.

(f) Compliance with MCLs shall be based on each sampling point as described in this section. If any point is determined to be out of compliance, the system shall be deemed out of compliance. If an entirely separated portion of a water system is out of compliance, then only that portion of the system shall be deemed out of compliance.

(g) The Authority may require additional sampling and analysis for the contaminants included in OAR 333-061-0030 (Maximum Contaminant Levels) when necessary to determine whether an unreasonable risk to health exists. The Authority may also require sampling and analysis for additional contaminants not included in OAR 333-061-0030 (Maximum Contaminant Levels) when necessary for public health protection.

(h) Water suppliers and their appointed representatives shall collect water samples from representative locations in the water system as prescribed in this rule and shall employ proper sampling procedures and techniques. Samples submitted to laboratories for analysis shall be clearly identified and shall include the name of the water system, public water system identification number, sampling date, and time, sample location identifying the sample tap, the name of the person collecting the sample and be labeled as follows:

(A) Routine: These are samples collected from established sampling locations within a water system at specified frequencies to satisfy monitoring requirements as prescribed in this rule. These samples are used to calculate compliance with maximum contaminant levels prescribed in OAR 333-061-0030(4);

(B) Repeat: These are samples collected as a follow-up to a routine sample that has exceeded a maximum contaminant level as prescribed in OAR 333-061-0030. Repeat samples are also used to calculate compliance with maximum contaminant levels prescribed in OAR 333-061-0030(4);

(C) Special: These are samples collected to supplement routine monitoring samples and are not required to be reported to the Authority. Samples of this type are not considered representative of the water system and are outside the scope of normal quality assurance and control procedures and/or the established compliance monitoring program. Special samples include, but are not limited to, samples taken for special studies, user complaints, post construction/repair disinfection, sources not in service and raw water prior to treatment, except as required by this rule.

(2) Inorganic chemicals:

(a) Antimony, Arsenic, Barium, Beryllium, Cadmium, Chromium, Cyanide, Fluoride, Mercury, Nickel, Selenium and Thallium.

(A) Sampling of water systems for regulated Inorganic Chemicals shall be conducted as follows:

(i) Community and Non-Transient Non-Community Water systems using surface water sources or groundwater sources under the direct influence of surface water solely or a combination of surface and ground water sources shall sample at each point in the distribution system representative of each source after treatment or at entry points to the distribution system after any application of treatment. Surface water systems shall collect samples annually at each sampling point beginning in the initial compliance period according to the schedule in subsection (2)(j) of this rule. The water system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(ii) Community and Non-Transient Non-Community Water systems using ground water sources shall sample at each point in the distribution system representative of each source after treatment or at entry points to the distribution system representative of each source after any application of treatment. Ground water systems shall collect samples once every three years at each sampling point beginning in the initial compliance period according to the schedule in subsection (2)(j) of this rule. The water system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(iii) All new Transient Non-Community and State Regulated water systems or existing Transient Non-Community, and State Regulated water systems with new sources shall sample once for arsenic. Samples are to be collected at the entry points to the distribution system representative of each source after any application of treatment.

(iv) If a system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions when water is representative of all the sources being used.

(B) The Authority may allow compositing of samples from a maximum of 5 sampling points, provided that the detection limit of the method used for analysis is less than one-fifth of the MCL. Compositing of samples is to be done in the laboratory. Composite samples must be analyzed within 14 days of collection. If the concentration in the composite sample is equal to or greater than one-fifth of the MCL of any inorganic chemical listed in section (2) of this rule, then a follow-up sample must be taken for the contaminants which exceeded one-fifth of the MCL within 14 days at each sampling point included in the composite. If duplicates of the original sample taken from each sampling point used in the composite are available, the system may use these instead of resampling. The duplicates must be analyzed and the results reported to the Authority within 14 days of collection. If the population served by the water system is >3,300 persons, then compositing can only be allowed within the system. In systems serving ≤3,300 persons, compositing is allowed among multiple systems provided the 5 sample limit is maintained.

(C) Water systems may apply to the Authority for a waiver from the monitoring frequencies specified in paragraph (2)(a)(A) of this rule on the condition that the system shall take a minimum of one sample while the waiver is effective and the effective period for the waiver shall not exceed one nine-year compliance cycle.

(i) The Authority may grant a waiver provided surface water systems have monitored annually for at least three years and groundwater systems have conducted a minimum of three rounds of monitoring (at least one sample shall have been taken since January 1, 1990), and all analytical results are less than the maximum contaminant levels prescribed in OAR 333-061-0030 for inorganic chemicals. Systems that use a new water source are not eligible for a waiver until three rounds of monitoring from the new source have been completed.

(ii) Waivers granted by the Authority shall be in writing and shall set forth the basis for the determination. The Authority shall review and revise, where appropriate, its determination of the appropriate monitoring frequency when the system submits new monitoring data or where other data relevant to the system’s appropriate monitoring frequency become available. In determining the appropriate reduced monitoring frequency, the Authority shall consider the reported concentrations from all previous monitoring; the degree of variation in reported concentrations; and other factors which may affect concentrations such as changes in groundwater pumping rates, changes in the system’s configuration, changes in the system’s operating procedures, or changes in stream flows or characteristics.

(D) Systems which exceed the maximum contaminant levels as calculated in subsection (2)(i) of this rule shall monitor quarterly beginning in the next quarter after the violation occurred. The Authority may decrease the quarterly monitoring requirement to the frequencies prescribed in paragraph (2)(a)(A) of this rule when it is determined that the system is reliably and consistently below the maximum contaminant level. Before such a decrease is permitted a groundwater system must collect at least two quarterly samples and a surface water system must collect a minimum of four quarterly samples.

(E) All new systems or systems that use a new source of water must demonstrate compliance with the MCL within a period of time specified by the Authority. The system must also comply with the initial sampling frequencies specified by the Authority to ensure a system can demonstrate compliance with the MCL. Routine and increased monitoring frequencies shall be conducted in accordance with the requirements in this section.

(b) Asbestos:

(A) Community and Non-Transient Non-Community water systems regardless of source, shall sample for Asbestos at least once during the initial three-year compliance period of each nine-year compliance cycle starting January 1, 1993 according to the schedule under subsection (2)(j) of this rule unless a water system applies for a waiver and the waiver is granted by the Authority.

(B) As reviewed by the Authority, if the water system is determined not to be vulnerable to either asbestos contamination in its source water or due to corrosion of asbestos-cement pipe, or both, a waiver may be granted. If granted, the water system will not be required to monitor while the waiver remains in effect. A waiver remains in effect until the completion of the three year compliance period.

(C) A system vulnerable to asbestos contamination due solely to corrosion of asbestos-cement pipe shall take one sample at a tap served by the asbestos-cement pipe under conditions where asbestos contamination is most likely to occur.

(D) A system vulnerable to asbestos contamination due solely to source water shall monitor for asbestos once every nine years.

(E) A system vulnerable to asbestos contamination due both to its source water supply and corrosion of asbestos-cement pipe shall take one sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

(F) A System which exceeds the maximum contaminant levels for asbestos as prescribed in subsection (2)(i) of this rule shall monitor quarterly beginning in the next quarter after the violation occurred. If the Authority determines that the system is reliably and consistently below the maximum contaminant level based on a minimum of two quarterly samples for groundwater systems or a minimum of four quarterly samples for surface water systems or combined surface water/groundwater systems, the system may return to the sampling frequency prescribed in paragraph (2)(b)(A) of this rule.

(G) If monitoring data collected after January 1, 1990 are generally consistent with subsection (2)(b) of this rule, then the Authority may allow the system to use these data to satisfy monitoring requirements for the three-year compliance period beginning January 1, 1993.

(c) Lead and Copper:

(A) Community and Non-Transient, Non-Community water systems shall monitor for lead and copper in tap water as follows: Sample site location:

(i) Each water system shall complete a materials evaluation of its distribution system in order to identify a pool of targeted sampling sites that meets the requirements of this paragraph, and which is sufficiently large to ensure that the water system can collect the number of lead and copper tap samples required in paragraph (2)(c)(C) of this rule. All sites from which first draw samples are collected shall be selected from this pool of targeted sampling sites. Sampling sites may not include faucets that have point-of-use or point-of-entry treatment devices designed to remove inorganic contaminants.

(ii) In addition to any information that may have been gathered under the special corrosivity monitoring requirements, the water system shall review the sources of information listed below in order to identify a sufficient number of sampling sites:

(I) All plumbing codes, permits, and records in the files of the building department(s) which indicate the plumbing materials that are installed within publicly and privately owned structures connected to the distribution system; and

(II) All existing water quality information, which includes the results of all prior analyses of the system or individual structures connected to the system, indicating locations that may be particularly susceptible to high lead or copper concentrations.

(iii) The sampling sites selected for a Community water system’s sampling pool (“tier 1 sampling sites”) shall consist of single family structures that contain copper pipes with lead solder installed from January 1, 1983 through June 30, 1985 or contain lead pipes. When multiple-family residences comprise at least 20 percent of the structures served by a water system, the system may include these types of structures in its sampling pool.

(iv) Any Community water system with insufficient tier 1 sampling sites shall complete its sampling pool with “tier 2 sampling sites”, consisting of buildings, including multiple-family residences that contain copper pipes with lead solder installed from January 1, 1983 through June 30, 1985 or contain lead pipes.

(v) Any Community water system with insufficient tier 1 and tier 2 sampling sites shall complete its sampling pool with “tier 3 sampling sites”, consisting of single family structures that contain copper pipes with lead solder installed before 1983. A community water system with insufficient tier 1, tier 2 and tier 3 sampling sites shall complete its sampling pool with representative sites throughout the distribution system. A representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the system.

(vi) The sampling sites selected for a Non-Transient Non-Community water system (“tier 1 sampling sites”) shall consist of buildings that contain copper pipes with lead solder installed from January 1, 1983 through June 30, 1985 or contain lead pipes.

(vii) A Non-Transient Non-Community water system with insufficient tier 1 sites that meet the targeting criteria in subparagraph (2)(c)(A)(vi) of this rule shall complete its sampling pool with sampling sites that contain copper pipes with lead solder installed before 1983. If additional sites are needed, the system shall use representative sites throughout the distribution system. A representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the water system.

(viii) Any water system whose sampling pool does not consist exclusively of tier 1 sites shall demonstrate in a letter submitted to the Authority under OAR 333-061-0040(1)(h)(A)(i) why a review of the information listed in subparagraph (2)(c)(A)(ii) of this rule was inadequate to locate a sufficient number of tier 1 sites. Any Community water system which includes tier 3 sampling sites in its sampling pool shall demonstrate in such a letter why it was unable to locate a sufficient number of tier 1 and tier 2 sampling sites.

(B) Monitoring requirements for lead and copper in tap water. Sample collection methods:

(i) All tap samples for lead and copper collected in accordance with this paragraph shall be first draw samples.

(ii) Each first-draw tap sample for lead and copper shall be one liter in volume and have stood motionless in the plumbing system of each sampling site for at least six hours. First-draw samples from residential housing shall be collected from the cold-water kitchen tap or bathroom sink tap. First-draw samples from a non-residential building shall be one liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. First-draw samples may be collected by the system or the system may allow residents to collect first-draw samples after instructing the residents of the sampling procedures specified in this paragraph. To avoid problems of residents handling nitric acid, acid fixation of first draw samples may be done up to 14 days after the sample is collected. If a system allows residents to perform sampling, the system may not challenge, based on alleged errors in sample collection, the accuracy of sampling results.

(iii) A water system shall collect each first-draw tap sample from the same sampling site from which it collected a previous sample. If, for any reason, the water system cannot gain entry to a sampling site in order to collect a follow-up tap sample, the system may collect the follow-up tap sample from another sampling site in its sampling pool as long as the new site meets the same targeting criteria, and is within reasonable proximity of the original site.

(C) Monitoring requirements for lead and copper in tap water. Number of samples: Water systems shall collect at least one sample during each monitoring period specified in paragraph (2)(c)(D) of this rule from the number of sites listed in the first column below (“standard monitoring”). A system conducting reduced monitoring under subparagraph (2)(c)(D)(iv) of this rule shall collect at least one sample from the number of sites specified in the second column below during each monitoring period specified in subparagraph (2)(c)(D)(iv) of this rule. Such reduced monitoring sites shall be representative of the sites required for standard monitoring. A system that has fewer than five drinking water taps, that can be used for human consumption meeting the sample site criteria of (2)(c)(A) of this rule to reach the required number of sample sites, must collect at least one sample from each tap and then must collect additional samples from those taps on different days during the monitoring period to meet the required number of sites. Alternatively the Authority may allow these public water systems to collect a number of samples less than the number of sites specified below provided that 100 percent of all taps that can be used for human consumption are sampled. The Authority must approve this reduction of the minimum number of samples in writing based on a request from the system or onsite verification by the Authority. The Authority may specify sampling locations when a system is conducting reduced monitoring. System Size — # of sites — # of sites (# People Served) — (Standard Monitoring) — (Reduced Monitoring) >100,000 — 100 — 50 10,001 to 100,000 — 60 — 30 3,301 to 10,000 — 40 — 20 501 to 3,300 — 20 — 10 101 to 500 — 10 — 5 <100 — 5 — 5

(D) Monitoring requirements for lead and copper in tap water. Timing of monitoring:

(i) Initial tap monitoring requirements:

(I) All large systems shall monitor during two consecutive six-month periods.

(II) All small and medium-size systems shall monitor during each six-month monitoring period until the system exceeds the lead or copper action level and is therefore required to implement the corrosion control treatment requirements specified in OAR 333-061-0034(2), in which case the system shall continue monitoring in accordance with subparagraph (2)(c)(D)(ii) of this rule, or the system meets the lead and copper action levels during two consecutive six-month monitoring periods, in which case the system may reduce monitoring in accordance with subparagraph (2)(c)(D)(iv) of this rule.

(ii) Monitoring after installation of corrosion control and source water treatment.

(I) Any large (serving more than 50,000 persons) system which installs optimal corrosion control treatment pursuant to OAR 333-061-0034(2)(a)(D) shall monitor during two consecutive six-month monitoring periods by the date specified in 333-061-0034(2)(a)(E).

(II) Any small (serving 3,300 people or less) or medium-size (serving 3,301 to 50,000 persons) system which installs optimal corrosion control treatment pursuant to OAR 333-061-0034(2)(b)(E) shall monitor during two consecutive six-month monitoring periods by the date specified in 333-061-0034(2)(b)(F).

(III) Any system which installs source water treatment pursuant to OAR 333-061-0034(4)(a)(C) shall monitor during two consecutive six-month monitoring periods by the date specified in 333-061-0034(4)(a)(D).

(iii) Monitoring after the Authority specifies water quality parameter values for optimal corrosion control. After the Authority specifies the values for water quality control parameters under OAR 333-061-0034(3)(l), the system shall monitor during each subsequent six-month monitoring period, with the first monitoring period to begin on the date the Authority specifies the optimal values.

(iv) Reduced monitoring

(I) A small or medium-size water system that meets the lead and copper action levels during each of two consecutive six-month monitoring periods may reduce the number of samples in accordance with paragraph (2)(c)(C) of this rule, and reduce the frequency of sampling to once per year. A small or medium water system collecting fewer than five samples as specified in (2)(c)(C) of this rule that meets the lead and copper action levels during each of two consecutive six-month monitoring periods may reduce the frequency of sampling to once per year. In no case can the system reduce the number of samples required below the minimum of one sample per available tap. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period.

(II) Any water system that meets the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the Authority during each of two consecutive six-month monitoring periods may reduce the frequency of monitoring to once per year and reduce the number of lead and copper samples in accordance with paragraph (2)(c)(C) of this rule if it receives written approval from the Authority. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period. The Authority shall review monitoring, treatment, and other relevant information submitted by the water system, and shall notify the system in writing when it determines the system is eligible to commence reduced monitoring. The Authority shall review, and where appropriate, revise its determination when the system submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.

(III) A small or medium-size water system that meets the lead and copper action levels during three consecutive years of monitoring may reduce the frequency of monitoring for lead and copper from annually to once every three years. Any water system that meets the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the Authority during three consecutive years of monitoring may reduce the frequency of monitoring from annually to once every three years if it receives written approval from the Authority. Samples collected once every three years shall be collected no later than every third calendar year. The Authority shall review monitoring, treatment, and other relevant information submitted by the water system and shall notify the system in writing when it determines the system is eligible to reduce the frequency of monitoring to once every three years. The Authority shall review, and where appropriate, revise its determination when the system submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.

(IV) A water system that reduces the number and frequency of sampling shall collect these samples from representative sites included in the pool of targeted sampling sites identified in paragraph (2)(c)(A) of this rule. Systems sampling annually or less frequently shall conduct the lead and copper tap sampling during the months of June, July, August or September. The Authority may approve a different period for conducting the lead and copper tap sampling for systems collecting a reduced number of samples. Such a period shall be no longer than four consecutive months and must represent a time of normal operation where the highest levels of lead are most likely to occur. For a Non-transient Non-community water system that does not operate during the months of June through September, and for which the period of normal operation where the highest levels of lead are most likely to occur is not known, the Authority shall designate a period that represents a time of normal operation for the system. This sampling shall begin during the period approved or designated by the Authority in the calendar year immediately following the end of the second consecutive six-month monitoring period for systems initiating annual monitoring and during the three-year period following the end of the third consecutive calendar year of annual monitoring for systems initiating triennial monitoring. Community and Non-transient Non- community water systems monitoring annually or triennially that have been collecting samples during the months of June through December and that receive Authority approval to alter their sample collection period must collect their next round of samples during a time period that ends no later than 21 months or 45 months, respectively, after the previous round of sampling. Subsequent rounds of sampling must be collected annually or triennially as required in this subsection.

(V) A small or medium-size water system subject to reduced monitoring that exceeds the lead or copper action level shall resume sampling in accordance with subparagraph (2)(c)(D)(iii) of this rule and collect the number of samples specified for standard lead and copper monitoring in paragraph (2)(c)(C) of this rule and shall also conduct water quality parameter monitoring in accordance with subparagraphs (2)(c)(F)(iii), (iv) or (v) of this rule, as appropriate, during the period in which the lead or copper action level was exceeded. Any such system may resume annual monitoring for lead and copper at the tap at the reduced number of sites after it has completed two subsequent consecutive six-month rounds of monitoring that meet the requirement of subparagraph (2)(c)(D)(iv)(I) of this rule. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period. Any such system may resume triennial monitoring for lead and copper at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria prescribed in subparagraphs (2)(c)(D)(iv)(III) or (VI) of this rule. Any water system subject to reduced monitoring frequency that fails to meet the lead action level during any four-month monitoring period or that fails to operate at or above the minimum value or within the range of values for the water quality control parameters specified by the Authority for more than nine days in any six-month period specified in subparagraph (2)(c)(F)(v) of this rule shall conduct tap water sampling for lead and copper at the frequency specified in subparagraph (2)(c)(D)(iii) of this rule, collect the number of samples specified for standard monitoring, and shall resume monitoring for water quality parameters within the distribution system in accordance with subparagraph (2)(c)(F)(v) of this rule. This standard tap water sampling shall begin no later than the six-month monitoring period beginning January 1 of the calendar year following the lead action level exceedance or water quality parameter excursion. Such a system may resume reduced monitoring for lead and copper at the tap and for water quality parameters within the distribution system under the following conditions Such a system may, with written Authority approval, resume reduced annual monitoring for lead and copper at the tap after it has completed two subsequent six-month rounds of tap lead and copper monitoring that meet the criteria specified in subparagraph (2)(c)(D)(iv)(II) of this rule. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period. Such a system, with written Authority approval, may resume reduced triennial monitoring for lead and copper at the tap if it meets the criteria specified in subparagraphs (2)(c)(D)(iv)(III) and (VI) of this rule. Such a system may reduce the number and frequency of water quality parameter distribution tap samples required in accordance with subparagraph (2)(c)(F)(vi)(I) and (II) of this rule. Such a system may not resume triennial monitoring for water quality parameters distribution tap samples until it demonstrates that it has re-qualified for triennial monitoring.

(VI) Any water system that demonstrates for two consecutive 6-month monitoring periods that the 90th percentile lead level is less than or equal to 0.005 mg/l and the 90th percentile copper level is less than or equal to 0.65 mg/l may reduce the number of samples in accordance with paragraph (2)(c)(C) of this rule and reduce the frequency of sampling to once every three calendar years.

(VII) Any water system subject to a reduced monitoring frequency under (2)(c)(D)(iv) of this rule shall notify the Authority in writing of any upcoming long-term change in treatment or addition of a new source. The Authority must review and approve the addition of a new source or long-term change in water treatment before it is implemented by the water system. The Authority may require the system to resume standard monitoring or take other appropriate steps such as increased water quality parameter monitoring or re-evaluation of its corrosion control treatment given the potentially different water quality considerations.

(E) Monitoring requirements for lead and copper in tap water. Additional monitoring by systems: The results of any monitoring conducted in addition to the minimum requirements of subsection (c) of this rule shall be considered by the system and the Authority in making any determinations (i.e., calculating the 90th percentile lead or copper level). The Authority may invalidate lead and copper tap water samples as follows:

(i) The Authority may invalidate a lead or copper tap sample if at least one of the following conditions is met. The decision and the rationale for the decision must be documented in writing by the Authority. A sample invalidated by the Authority does not count toward determining lead or copper 90th percentile levels or toward meeting the minimum monitoring requirements:

(I) The laboratory establishes that improper sample analysis caused erroneous results; or

(II) A site that did not meet the site selection criteria; or

(III) The sample container was damaged in transit; or

(IV) There is substantial reason to believe that the sample was subject to tampering.

(ii) The system must report the results of all samples to the Authority and all supporting documentation for samples the system believes should be invalidated.

(iii) The Authority may not invalidate a sample solely on the grounds that a follow-up sample result is higher or lower than that of the original sample.

(iv) The water system must collect replacement samples for any samples invalidated if, after the invalidation of one or more samples, the system has too few samples to meet the minimum requirements. Any such replacement samples must be taken as soon as possible, but no later than 20 days after the date the Authority invalidates the sample. The replacement samples shall be taken at the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the monitoring period.

(F) Monitoring requirements for water quality parameters. All large water systems and all medium and small water systems that exceed the lead or copper action levels shall monitor water quality parameters in addition to lead and copper as follows:

(i) General Requirements. Sample collection methods:

(I) Tap samples shall be representative of water quality throughout the distribution system taking into account the number of persons served, the different sources of water, the different treatment methods employed by the system, and seasonal variability. Water quality parameter sampling is not required to be conducted at taps targeted for lead and copper sampling, however, established coliform sampling sites may be used to satisfy these requirements.

(II) Samples collected at the entry point(s) to the distribution system shall be from locations representative of each source after treatment. If a system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions when water is representative of all sources being used.

(ii) General requirements. Number of samples:

(I) Systems shall collect two tap samples for applicable water quality parameters during each monitoring period specified under subparagraphs (2)(c)(F)(iii) through (vi) of this rule from the following number of sites.

System Size # People served — # of Sites For Water Quality Parameters

>100,000 — 25

10,001-100,000 — 10

3,301 to 10,000 — 3

501 to 3,300 — 2

101 to 500 — 1

<100 — 1

(II) Except as provided in subparagraph (2)(c)(F)(iv)(III) of this rule, systems shall collect two samples for each applicable water quality parameter at each entry point to the distribution system during each monitoring period specified in subparagraph (2)(c)(F)(iii) of this rule. During each monitoring period specified in subparagraphs (2)(c)(F)(iv) through (vi) of this rule, systems shall collect one sample for each applicable water quality parameter at each entry point to the distribution system.

(iii) Initial Sampling. All large water systems shall measure the applicable water quality parameters as specified below at taps and at each entry point to the distribution system during each six-month monitoring period specified in subparagraph (2)(c)(D)(i) of this rule. All small and medium-size systems shall measure the applicable water quality parameters at the locations specified below during each six-month monitoring period specified in subparagraph (2)(c)(D)(i) of this rule during which the system exceeds the lead or copper action level:

(I) At taps: pH, alkalinity, orthophosphate (when an inhibitor containing a phosphate compound is used), silica (when an inhibitor containing a silicate compound is used), calcium, conductivity, and water temperature.

(II) At each entry point to the distribution system: all of the applicable parameters listed in subparagraph (2)(c)(F)(iii)(I) of this rule.

(iv) Monitoring after installation of corrosion control. Any large system which installs optimal corrosion control treatment pursuant to OAR 333-061-0034(2)(a)(D) shall measure the water quality parameters at the locations and frequencies specified below during each six-month monitoring period specified in subparagraph (2)(c)(D)(ii)(I) of this rule. Any small or medium-size system which installs optimal corrosion control treatment shall conduct such monitoring during each six-month monitoring period specified in subparagraph (2)(c)(D)(ii)(II) of this rule in which the system exceeds the lead or copper action level.

(I) At taps, two samples for: pH, alkalinity, orthophosphate (when an inhibitor containing a phosphate compound is used), silica (when an inhibitor containing a silicate compound is used), calcium (when calcium carbonate stabilization is used as part of corrosion control).

(II) Except as provided in subparagraph (2)(c)(D)(iv)(III) of this rule, at each entry point to the distribution system, at least one sample, no less frequently than every two weeks (bi-weekly) for: pH; when alkalinity is adjusted as part of optimal corrosion control, a reading of the dosage rate of the chemical used to adjust alkalinity, and the alkalinity concentration; and when a corrosion inhibitor is used as part of optimal corrosion control, a reading of the dosage rate of the inhibitor used, and the concentration of orthophosphate or silica (whichever is applicable).

(III) Any ground water system can limit entry point sampling to those entry points that are representative of water quality and treatment conditions throughout the system. If water from untreated ground water sources mixes with water from treated ground water sources, the system must monitor for water quality parameters both at representative entry points receiving treatment and no treatment. Prior to the start of any monitoring, the system shall provide to the Authority written information identifying the selected entry points and documentation, including information on seasonal variability, sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.

(v) Monitoring after Authority specifies water quality parameter values for optimal corrosion control. After the Authority specifies the values for applicable water quality control parameters reflecting optimal corrosion control treatment under OAR 333-061-0034(3)(l), all large systems shall measure the applicable water quality parameters in accordance with subparagraph (2)(c)(F)(iv) of this rule and determine compliance every six months with the first six-month period to begin on either January 1 or July 1, whichever comes first, after the Authority specifies optimal water quality parameter values. Any small or medium-size system shall conduct such monitoring during each monitoring period specified in this paragraph in which the system exceeds the lead or copper action level. For any such small and medium-size system that is subject to a reduced monitoring frequency pursuant to subparagraph (2)(c)(D)(iv) of this rule at the time of the action level exceedance, the start of the applicable six-month monitoring period shall coincide with the start of the applicable monitoring period under (2)(c)(D) of this rule. Compliance with Authority-designated optimal water quality parameter values shall be determined as specified under 333-061-0034(3)(m).

(vi) Reduced monitoring:

(I) Any water system that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment during each of two consecutive six-month monitoring periods under paragraph (2)(c)(D) of this rule shall continue monitoring at the entry point(s) to the distribution system as specified in subparagraph (2)(c)(F)(iv)(II) of this rule. Such system may collect two tap samples for applicable water quality parameters from the following reduced number of sites during each six-month monitoring period.

System Size# People served — Reduced # of Sites for Water Quality Parameters

>100,000 — 10

10,001-100,000 — 7

3,301 to 10,000 — 3

501 to 3,300 — 2

101 to 500 — 1

<100 — 1

(II) Any water system that maintains the minimum values or maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the Authority under OAR 333-061-0034(3)(l) during three consecutive years of monitoring may reduce the frequency with which it collects the number of tap samples for applicable water quality parameters specified in subparagraph (2)(c)(F)(vi)(I) of this rule from every six months to annually. This sampling begins during the calendar year immediately following the end of the monitoring period in which the third consecutive year of six-month monitoring occurs. Any water system that maintains the minimum values or maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the Authority under 333-061-0034(3)(l) during three consecutive years of annual monitoring may reduce the frequency with which it collects the number of tap samples for applicable water quality parameters from annually to every three years. This sampling begins no later than the third calendar year following the end of the monitoring period in which the third consecutive year of monitoring occurs.

(III) A water system may reduce the frequency with which it collects tap samples for applicable water quality parameters to every three years if it demonstrates during two consecutive monitoring periods that its tap water lead level at the 90th percentile is less than or equal to 0.005 mg/l, that its tap water copper level at the 90th percentile is less than or equal to 0.65 mg/l, and that it also has maintained the range of values for water quality parameters reflecting optimal corrosion control treatment specified by the Authority. Monitoring conducted every three years shall be done no later than every third calendar year.

(IV) A water system that conducts sampling annually shall collect these samples evenly throughout the year so as to reflect seasonal variability.

(V) Any water system subject to reduced monitoring frequency that fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the Authority under OAR 333-061-0034(3)(l) for more than nine days in any six-month period shall resume distribution system tap water sampling in accordance with the number and frequency requirements in subparagraph (2)(c)(F)(v) of this rule. Such a system may resume annual monitoring for water quality parameters at the tap at the reduced number of sites after it has completed two subsequent consecutive six-month rounds of monitoring that meet the criteria specified in subparagraph (2)(c)(F)(v) of this rule and/or may resume triennial monitoring at the reduced number of sites after it demonstrates through subsequent annual rounds that it meets the criteria of subparagraphs (2)(c)(F)(vi)(I) and (II) of this rule.

(vii) Additional monitoring by systems. The results of any monitoring conducted in addition to the minimum requirements of subsection (2)(c) of this rule shall be considered by the system and the Authority in making any determinations.

(G) Monitoring requirements for lead and copper in source water. Sample location, collection methods, and number of samples:

(i) A water system that fails to meet the lead or copper action level on the basis of tap samples collected in accordance with paragraphs (2)(c)(A) through (E) of this rule shall collect lead and copper source water samples in accordance with the following requirements regarding sample location, number of samples, and collection methods:

(I) Ground water systems shall take a minimum of one sample at every entry point to the distribution system which is representative of each well after treatment. The system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant;

(II) Surface water systems shall take a minimum of one sample at every entry point to the distribution system after any application of treatment or in the distribution system at a point which is representative of each source, after treatment. The system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant; Surface water systems include systems with a combination of surface and ground sources; and

(III) If a system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods when water is representative of all sources being used.

(ii) Where the results of sampling indicate an exceedance of maximum permissible source water levels established under OAR 333-061-0034(4)(b)(D) the Authority may require that one additional sample be collected as soon as possible after the initial sample was taken (but not to exceed two weeks) at the same sampling point. If a Authority-required confirmation sample is taken for lead or copper, then the results of the initial and confirmation sample shall be averaged in determining compliance with the Authority-specified maximum permissible levels. Any sample value below the detection limit shall be considered to be zero. For lead any value above the detection limit but below the Practical Quantitation Level (PQL) (0.005 mg/l) shall either be considered as the measured value or be considered one-half the PQL (0.0025 mg/l). For copper any value above the detection limit but below the PQL (0.050 mg/l) shall either be considered as the measured value or be considered one-half the PQL (0.025 mg/l).

(H) Monitoring requirements for lead and copper in source water. Monitoring frequency after system exceeds tap water action level. Any system which exceeds the lead or copper action level at the tap, shall collect one source water sample from each entry point to the distribution system no later than six months after the end of the monitoring period during which the lead or copper action level was exceeded. For monitoring periods that are annual or less frequent, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or if the Authority has established an alternate monitoring period, the last day of that period.

(i) Monitoring frequency after installation of source water treatment. Any system which installs source water treatment pursuant to OAR 333-061-0034(4)(a)(C) shall collect an additional source water sample from each entry point to the distribution system during two consecutive six-month monitoring periods by the deadline specified in 333-061-0034(4)(a)(D).

(ii) Monitoring frequency after Authority specifies maximum permissible source water levels or determines that source water treatment is not needed.

(I) A system shall monitor at the frequency specified below in cases where the Authority specifies maximum permissible source water levels under OAR 333-061-0034(4)(b)(D) or determines that the system is not required to install source water treatment under 333-061-0034(4)(b)(B). A water system using only groundwater shall collect samples once during the three-year compliance period in effect when the applicable Authority determination is made. Such systems shall collect samples once during each subsequent compliance period. Triennial samples shall be collected every third calendar year. A water system using surface water (or a combination of surface and groundwater) shall collect samples once during each calendar year, the first annual monitoring period to begin during the year in which the applicable Authority determination is made.

(II) A system is not required to conduct source water sampling for lead and/or copper if the system meets the action level for the specific contaminant in tap water samples during the entire source water sampling period applicable to the system under subparagraph (2)(c)(H)(ii)(I) of this rule.

(iii) Reduced monitoring frequency:

(I) A water system using only groundwater may reduce the monitoring frequency for lead and copper in source water to once during each nine-year compliance cycle provided that the samples are collected no later than every ninth calendar year and it demonstrates that finished drinking water entering the distribution system has been maintained below the maximum permissible lead and copper concentrations specified by the Authority in OAR 333-061-0034(4)(b)(D) during at least three consecutive compliance periods under subparagraph (2)(c)(H)(ii)(I) of this rule or the Authority has determined that source water treatment is not needed and the system demonstrates during at least three consecutive compliance periods under subparagraph (2)(c)(H)(ii)(I) of this rule that the concentration of lead in source water was less than or equal to 0.005 mg/l and the concentration of copper in source water was less than or equal to 0.65 mg/l.

(II) A water system using surface water (or a combination of surface and ground waters) may reduce the monitoring frequency for lead and copper in source water to once during each nine-year compliance cycle provided that the samples are collected no later than every ninth calendar year and it demonstrates that finished drinking water entering the distribution system has been maintained below the maximum permissible lead and copper concentrations specified by the Authority in OAR 333-061-0034(4)(b)(D) for at least three consecutive years or the Authority has determined that source water treatment is not needed and the system demonstrates that during at least three consecutive years the concentration of lead in source water was less than or equal to 0.005 mg/l and the concentration of copper in source water was less than or equal to 0.65 mg/l.

(III) A water system that uses a new source of water is not eligible for reduced monitoring for lead and/or copper until concentrations in samples collected from the new source during three consecutive monitoring periods are below the maximum permissible lead and copper concentrations specified by the Authority in OAR 333-061-0034(4)(a)(E).

(d) Nitrate:

(A) Community and Non-Transient Non-Community water systems using surface water sources or groundwater sources under the direct influence of surface water shall monitor for Nitrate on a quarterly basis, at each point in the distribution system representative of each source after treatment or at entry points to the distribution system after any application of treatment, beginning January 1, 1993. The Authority may allow a surface water system to reduce the sampling frequency to annually provided that all analytical results from four consecutive quarters are less than 50% of the MCL. A surface water system shall return to quarterly monitoring if any one sample is 50% of the MCL.

(B) Community and Non-Transient Non-Community water systems using groundwater sources shall monitor for Nitrate annually, at each point in the distribution system representative of each source after treatment or at entry points to the distribution system after any application of treatment, beginning January 1, 1993. The Authority shall require quarterly monitoring for a least one year following any one sample in which the concentration is 50 percent of the MCL. The system may return to annual monitoring after four consecutive quarterly samples are found to be reliably and consistently below the MCL.

(C) Transient Non-Community and State Regulated water systems shall monitor for Nitrate annually, at each point in the distribution system representative of each source after treatment or at entry points to the distribution system after any application of treatment, beginning January 1, 1993. Transient Non-Community water systems must monitor quarterly for at least one year following any one sample in which the concentration is 50 percent of the MCL. The system may return to annual monitoring after four consecutive quarterly samples are found to be reliably and consistently below the MCL.

(D) After the initial round of quarterly sampling is completed, each Community and Non-Transient Non-Community water system which is monitoring annually shall take subsequent samples during the quarter(s) which previously resulted in the highest analytical result.

(e) Nitrite:

(A) Community, Non-Transient Non-Community, and Transient Non-Community water systems shall collect one sample for Nitrite at each point in the distribution system representative of each source after treatment or at entry points to the distribution system after any application of treatment during the compliance period beginning January 1, 1993.

(B) After the initial sample, all systems where analytical results for Nitrite are <50 percent of the MCL, shall monitor once during each subsequent compliance period.

(C) Water systems must conduct quarterly monitoring for at least one year following any one sample in which the concentration is ≥50 percent of the MCL. A water system may change to annual monitoring after four consecutive quarterly samples are found to be reliably and consistently below 50 percent of the MCL.

(D) A water system with an analytical result ≥50 percent of the MCL may never monitor less frequently than annually. Systems which are monitoring annually must collect each subsequent sample during the quarter(s) which previously resulted in the highest analytical result.

(E) The Authority may grant a waiver from the monitoring frequency specified in paragraph (2)(e)(B) of this rule provided that water systems have conducted a minimum of three rounds of monitoring (at least one sample shall have been collected since January 1, 1993), and all analytical results are less than 50 percent of the MCL prescribed in OAR 333-061-0030. Water systems that have been granted a waiver must monitor once during each nine-year compliance cycle. Waivers must be granted as prescribed by subparagraph (2)(a)(C)(ii) of this rule.

(f) Sodium

(A) Samples of water which is delivered to users shall be analyzed for Sodium as follows:

(i) Community and Non-Transient Non-Community water systems, surface water sources, once per year for each source;

(ii) Community and Non-Transient Non-Community water systems, ground water sources, once every three years for each source.

(B) The water supplier shall report to the Authority the results of the analyses for Sodium as prescribed in rule 333-061-0040. The Authority shall notify local health officials of the test results.

(g) Confirmation Samples:

(A) Where the results of sampling for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium or thallium exceed the MCL prescribed in OAR 333-061-0030 for inorganic chemicals, the Authority may require one additional sample to be taken as soon as possible after the initial sample was taken (but not to exceed two weeks) at the same sampling point.

(B) Where the results of sampling for nitrate or nitrite exceed the MCL prescribed in OAR 333-061-0030 for inorganic chemicals, the system is required to collect one additional sample within 24 hours of notification of the results of the initial sample at the same sampling point. Systems unable to comply with the 24-hr sampling requirement must initiate consultation with the Authority as soon as practical, but no later than 24 hours after the system learns of the violation and must immediately notify their users as prescribed in 333-061-0042(2)(a)(B), and collect one additional sample within two weeks of notification of the results of the initial sample.

(C) If a confirmation sample required by the Authority is taken for any contaminant then the results of the initial and confirmation sample shall be averaged. The resultant average shall be used to determine the system’s compliance as prescribed in subsection (2)(i) of this rule.

(h) The Authority may require more frequent monitoring than specified in subsections (2)(a) through (f) of this rule or may require confirmation samples for positive and negative results. Systems may apply to the Authority to conduct more frequent monitoring than is required in this section.

(i) Compliance with the inorganic MCLs as listed in 333-061-0030(1) (Table 1) shall be determined based on the analytical result(s) obtained at each sampling point as follows:

(A) For systems which are conducting monitoring at a frequency greater than annual, compliance with the MCLs for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium or thallium is determined by a running annual average at any sampling point. If the average at any sampling point rounded to the same number of significant figures as the MCL for the substance in question is greater than the MCL, then the system is out of compliance. If any one sample would cause the annual average to be exceeded, then the system is out of compliance immediately. Any sample with results below the detection limit specified for the approved EPA analytical method shall be calculated at zero for the purpose of determining the annual average. If a system fails to collect the required number of samples, compliance (average concentration) will be based on the total number of samples collected.

(B) Systems monitoring annually or less frequently for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium or thallium must begin quarterly sampling if the level of a contaminant at any sampling point is greater than the MCL listed in OAR 333-061-0030(1). The water system will then determine compliance with the MCL by running annual average at the sampling point. The water system will not be considered in violation of the MCL until it has completed one year of quarterly monitoring. If any sample result will cause the running annual average to exceed the MCL at any sampling point, the system is out of compliance with the MCL immediately. If a system fails to collect the required number of samples, compliance (average concentration) will be based on the total number of samples collected.

(C) Compliance with MCLs for nitrate and nitrite is determined based on one sample if the levels of these contaminants are below the MCLs. If the levels of nitrate and/or nitrite exceed the MCLs in the initial sample, a confirmation sample is required in accordance with paragraph (2)(g)(B) of this rule and compliance shall be determined based on the average of the initial and confirmation samples.

(D) If the results of an analysis as prescribed in this rule indicate the level of any contaminant exceeds the maximum contaminant level, the water supplier shall report the analysis results to the Authority within 48 hours as prescribed in OAR 333-061-0040 and initiate the public notice procedures as prescribed by OAR 333-061-0042.

(E) A water system’s running annual average (RAA) is calculated by averaging the analytical results for the current monitoring period and the previous monitoring periods within a one-year time frame. The first sample result that exceeds the MCL is considered to be in the initial monitoring period for determination of the RAA. Multiple sample results within any monitoring period will be averaged and then rounded to the same number of significant figures as the MCL of the contaminant in question. For the purposes of calculating a RAA, a monitoring period may be a calendar month or calendar quarter. Special samples, as described by paragraph (1)(h)(C) of this rule, will not be included in the calculation of a system’s running annual average.

(j) All Community and Non-Transient Non-Community water systems shall monitor according to the following schedule:

Population — Begin Initial Monitoring — Complete Initial Monitoring By

300 or More — January 1, 1993 — December 31, 1993

100-299 — January 1, 1994 — December 31, 1994

Less than 100 — January 1, 1995 — December 31, 1995

(3) Organic chemicals:

(a) Synthetic Organic Chemicals: Alachlor, Atrazine, Benzo(a)pyrene, Carbofuran, Chlordane, Dalapon, Dibromochloropropane, Dinoseb, Dioxin(2,3,7,8-TCDD), Diquat, Di(2-ethylhexyl)adipate, Di(2-ethylhexyl)phthalate, Endothall, Endrin, Ethylene dibromide, Glyphosate, Heptachlor, Heptachlor epoxide, Hexachlorobenzene, Hexachlorocyclopentadiene, Lindane(BHC-g), Methoxychlor, Oxamyl(Vydate), Picloram, Polychlorinated biphenyls, Pentachlorophenol, Simazine, Toxaphene, 2,4-D and 2,4,5-TP Silvex.

(A) Samples of water which is delivered to users shall be analyzed for regulated synthetic organic chemicals (SOC) as follows:

(i) Community and Non-Transient Non-Community water systems using surface water, ground water under the direct influence of surface water, or groundwater shall sample at each point in the distribution system representative of each source after treatment or at entry points to the distribution system after any application of treatment beginning with the initial compliance period starting January 1, 1993. Community and Non-Transient Non-Community water systems shall collect four consecutive quarterly samples at each sampling point. The water systems must collect each sample from the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(ii) Beginning on January 1, 2010, new community and non-transient non-community water systems using groundwater sources, or existing systems using a new source, shall sample at each point to the distribution system representative of each source after treatment or at entry points to the distribution system after any application of treatment. Samples must be collected annually for three consecutive years at each sampling point. The water systems must collect each sample from the same sampling point unless conditions make another sampling point more representative of each source or treatment plant. New wells in an existing wellfield, within an existing drinking water protection area, or within an area well characterized by area-wide source water assessments and/or past monitoring results as determined by the Authority, may be eligible for a reduction in initial monitoring from three consecutive annual samples to one sample if no detections occur and if, based on the system’s source assessment, the Authority determines that the new well is producing from the same and only the same aquifer or does not significantly modify the existing drinking water protection area.

(iii) If a system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions when water is representative of all the sources being used.

(iv) If the initial analyses as specified in subparagraphs (3)(a)(A)(i) or (ii) of this rule does not detect any contaminant listed in subsection (3)(a) of this rule, then monitoring at each sampling point may be reduced to:

(I) Two consecutive quarterly samples in one year during each repeat 3-year compliance period for systems serving more than 3,300 population; or

(II) One sample in each repeat 3-year compliance period for systems serving less than or equal to 3,300 population.

(v) If a water system has two or more wells that have been determined by the Authority to constitute a “wellfield” as specified in OAR 333-061-0058, the system must sample at the entry point(s) designated by the Authority.

(B) Each Community and Non-Transient Non-Community water system may apply to the Authority for a waiver from the requirements of paragraph (3)(a)(A) of this rule. A waiver must be in place prior to the year in which the monitoring is to be accomplished. Every water system must reapply for a waiver for each compliance period. A water system can receive specific guidance in obtaining a waiver from the Use and Susceptibility Waiver Guidance Document developed by the Authority.

(i) The water system shall use the drinking water protection area as delineated during the Source Water Assessment according to procedures described in the Use and Susceptibility Waiver Guidance Document.

(ii) The Use Waiver criteria as described in the Use and Susceptibility Waiver Guidance Document shall take into consideration but is not limited to the use, storage, distribution, transport and disposal of the contaminant within the delineated recharge or watershed area.

(iii) The Susceptibility Waiver criteria as described in the Use and Susceptibility Waiver Guidance Document shall address only those contaminants that remain after the use waiver process has been completed. The Susceptibility Waiver criteria shall take into consideration but is not limited to the history of bacteria and/or nitrate contamination, well construction, agricultural management practices, infiltration potential, and contaminant mobility and persistence.

(iv) Water systems which qualify for use and susceptibility waivers shall follow the monitoring requirements as directed in the Use and Susceptibility Waiver Guidance Document.

(v) The Use and Susceptibility Waiver Guidance Document is made a part of this rule and shall take into consideration the Wellhead Protection Program and shall be updated with new methods and procedures as they become available.

(vi) The Authority may establish area-wide waivers based on historical monitoring data, land use activity, and the results of “Source Water Assessments” and/or “Use and Susceptibility Waiver Documents”.

(vii) Monitoring may be reduced to once every six years for all SOCs, if the system has a state certified Drinking Water Protection Plan or for those SOCs determined to be “used” and for which that portion of the aquifer identified by the drinking water protection area delineation has been determined to be of “moderate” susceptibility according to the Authority’s Use and Susceptibility Protocol. Information from the system’s Source Water Assessment can be used in this determination; or

(viii) Monitoring may be reduced to once every nine years for those SOCs in an analytical method group determined to be “not used” in the delineated drinking water protection area, or for those SOCs determined to be “used” if that portion of the aquifer identified by the drinking water protection area delineation has been determined to be of “low susceptibility” according to the Authority’s Use and Susceptibility Waiver Document. Information from the system’s Source Water Assessment can be used in this determination.

(C) If a water system detects in any sample a contaminant listed in subsection (3)(a) of this rule equal to or greater than the minimum detection limit listed in Table 15, then the water system shall monitor quarterly at each sampling point where a detection occurred. [Table not included. See ED. NOTE.]

(i) Based on a minimum of two quarterly samples for ground water sources and four quarterly samples for surface water sources, the Authority may reduce the monitoring frequency required in paragraph (3)(a)(C) of this rule to annually provided the system is reliably and consistently below the MCL. Systems which monitor annually must monitor during the quarter that previously yielded the highest analytical result.

(ii) Systems which have three consecutive annual samples with no detection of a contaminant may apply to the Authority for a waiver as specified in paragraph (3)(a)(B) of this rule.

(iii) If any monitoring required in paragraph (3)(a)(A) of this rule results in the detection of either Heptachlor or Heptachlor epoxide, then subsequent monitoring shall analyze for both contaminants.

(D) If the results of an analysis prescribed in paragraph (3)(a)(A) of this rule indicate that the level of any contaminant exceeds a maximum contaminant level, then the system must monitor quarterly. After a minimum of four quarterly samples show the system to be reliably and consistently below the MCL and in compliance with paragraph (3)(a)(G) of this rule, then the system may monitor annually.

(E) The Authority may require confirmation samples for positive or negative results. If a confirmation sample is required by the Authority, the result must be averaged with the original sample result (unless the previous sample has been invalidated by the Authority) and the average used to determine compliance.

(F) The Authority may allow compositing of samples to reduce the number of samples to be analyzed by the system. Composite samples from a maximum of five sampling points are allowed, provided that the detection limit of the method used for analysis is less than one-fifth of the MCL. Compositing of samples must be done in the laboratory and analyzed within 14 days of sample collections. If the concentration in the composite sample detects one or more contaminants listed in subsection (3)(a) of this rule, then a follow-up sample must be taken and analyzed within 14 days at each sampling point included in the composite, and be analyzed for that contaminant. Duplicates taken on the original composite samples may be used instead of resampling provided the duplicates are analyzed and the results reported to the Authority within 14 days of collection. For systems with a population greater than 3,300, the Authority may allow compositing at sampling points only within a single system. For systems with a population of 3,300 or less, the Authority may allow compositing among different systems, provided the 5-sample limit is maintained.

(G) Compliance with contaminants listed in OAR 333-061-0030(2)(a) shall be determined based on the analytical results obtained at each sampling point. If one sampling point is in violation of an MCL, the system is in violation of the MCL. For systems which monitor more than once per year, compliance with the MCL is determined by a running annual average at each sampling point. Systems which monitor annually or less whose sample result exceeds the regulatory detection limit prescribed in paragraph (3)(a)(C) of this rule (Table 15) must begin quarterly sampling. The system will not be considered in violation of the MCL until it has completed one year of quarterly monitoring. If any sample result will cause the running annual average to exceed the MCL at any sampling point, the system is out of compliance with the MCL immediately. If a system fails to collect the required number of samples, compliance will be based on the total number of samples collected. If a sample result is less than the detection limit, zero will be used to calculate the annual average. If the system is out of compliance, the system shall follow the reporting and public notification procedures as prescribed in OAR 333-061-0040 and 333-061-0042(2)(b)(A).

(H) A water system’s running annual average (RAA) is calculated by averaging the analytical results for the current monitoring period and the previous monitoring periods within a one-year time frame. The first sample result that exceeds the MCL is considered to be in the initial monitoring period for determination of the RAA. Multiple sample results within any monitoring period will be averaged and then rounded to the same number of significant figures as the MCL of the contaminant in question. For the purposes of calculating a RAA, a monitoring period may be a calendar month or calendar quarter. Special samples, as described by paragraph (1)(h)(C) of this rule, will not be included in the calculation of a system’s running annual average.

(I) If monitoring data collected after January 1, 1990 are consistent with the requirements of subsection (3)(a) of this rule, the Authority may allow systems to use that data to satisfy the monitoring requirements for the initial compliance periods beginning January 1, 1993 and January 1, 1996.

(J) All Community and Non-Transient Non-Community water systems shall monitor according to the following schedule:

Population — Begin Initial Monitoring — Complete Initial Monitoring By

300 or More — January 1, 1993 — December 31. 1993

100-299 — January 1, 1994 — December 31, 1994

Less than 100 — January 1, 1995 — December 31, 1995

(K) All new systems or systems that use a new source of water must demonstrate compliance with the MCL within a period of time specified by the Authority. The system must also comply with the initial sampling frequencies specified by the Authority to ensure a system can demonstrate compliance with the MCL.

(b) Volatile Organic Chemicals: Benzene, Carbon tetrachloride, cis-1,2-Dichloroethylene, Dichloromethane, Ethylbenzene, Monochlorobenzene, o-Dichlorobenzene, p-Dichlorobenzene, Styrene, Tetrachloroethylene(PCE), Toluene, trans-1,2-Dichloroethylene, Trichloroethylene(TCE), Vinyl chloride, Xylenes(total), 1,1-Dichloroethylene, 1,1,1-Trichloroethane, 1,1,2-Trichloroethane, 1,2-Dichloroethane, 1,2-Dichloropropane, and 1,2,4-Trichlorobenzene.

(A) Samples of water which is delivered to users shall be analyzed for regulated volatile organic chemicals (VOC) as follows:

(i) Community and Non-Transient Non-Community water systems using surface water, ground water under the direct influence of surface water, or groundwater sources shall sample at each point in the distribution system representative of each source after treatment or at entry points to the distribution system after any application of treatment beginning in the initial compliance period starting January 1, 1993. Community and Non-Transient Non-Community water systems shall collect four consecutive quarterly samples from each sampling point during each compliance period. The water system shall collect each sample from the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(ii) Beginning on January 1, 2010, new community and non-transient non-community water systems using groundwater sources, or existing systems using a new source, shall sample at each point to the distribution system representative of each source after treatment or at entry points to the distribution system after any application of treatment. Samples must be collected annually for three consecutive years at each sampling point. The water systems must take each sample from the same sampling point unless conditions make another sampling point more representative of each source or treatment plant. New wells in an existing wellfield, within an existing drinking water protection area, or within an area well characterized by area-wide source water assessments and/or past monitoring results as determined by the Authority, may be eligible for a reduction in initial monitoring from three consecutive annual samples to one sample if no detections occur and if, based on the system’s Source Water Assessment, the Authority determines that the new well is producing from the same and only the same aquifer or does not significantly modify the existing drinking water protection area.

(iii) If warranted, the Authority may designate additional sampling points within the distribution system or at the consumer’s tap which more accurately determines consumer exposure.

(iv) If a system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions when water is representative of all sources being used.

(v) If a water system has two or more wells that have been determined by the Authority to constitute a “wellfield” as specified in OAR 333-061-0058, the system must sample at the entry point(s) designated by the Authority.

(B) For the purpose of subsection (3)(b) of this rule, a detectable level for VOCs is 0.0005 mg/l.

(C) If the initial analyses do not detect any contaminant listed in subsection (3)(b) of this rule, then monitoring for all of the VOCs may be reduced to:

(i) Annual per entry point for surface water systems; or

(ii) Annual per entry point for groundwater systems for at least three years. Thereafter, sampling may be reduced to once every three years per entry point for ground water systems after a minimum of three years of annual monitoring and no history of detections.

(D) Each Community and Non-Transient Non-Community water system which does not detect any contaminant listed in subsection (3)(b) of this rule after the initial monitoring period may apply to the Authority for a waiver from the requirements prescribed in paragraph (3)(b)(C) of this rule according to procedures described in subparagraphs (3)(a)(B)(i) through (vi) of this rule and the Use and Susceptibility Waiver Guidance Document developed by the Authority.

(i) Monitoring under a waiver can be reduced to once every six years if the water system has a state certified Drinking Water Protection Plan or if that portion of the aquifer identified by the drinking water protection area delineation has been determined to be of “moderate” susceptibility to the VOCs according to the Authority’s Use and Susceptibility Protocol. Information from the system’s Source Water Assessment can be used in this determination.

(ii) Waivers granted to groundwater systems shall be effective for no more than six years.

(I) A waiver must be in place prior to the year in which the monitoring is to be accomplished, and the groundwater system must reapply for a waiver from volatile organic chemicals monitoring every two compliance periods (six years).

(II) As a condition of a waiver, groundwater systems must collect one sample at each sampling point during the time the waiver is in effect and update its vulnerability assessment addressing those factors listed in subparagraphs (3)(a)(B)(ii) and (iii) of this rule. The Authority must confirm that a system is not vulnerable within three years of the original determination, and every time the vulnerability assessment is updated, or the waiver is invalidated and the system is required to sample annually as specified in paragraph (3)(b)(C) of this rule.

(iii) Surface water systems that have been determined to be not vulnerable to VOC contamination by the Authority shall monitor at the discretion of the Authority. The Authority shall reevaluate the vulnerability of such systems during each compliance period.

(iv) The Authority may establish area-wide waivers based on historical monitoring data, land use activity, and the results of “Source Water Assessments” and “Use and Susceptibility Waiver Documents”.

(E) If a water system detects any contaminant listed in subsection (3)(b) of this rule (except vinyl chloride) in any sample greater than the minimum detection limit of 0.0005 mg/l, then the water system shall monitor quarterly at each sampling point where a detection occurred.

(i) Based on a minimum of two quarterly samples for ground water sources and four quarterly samples for surface water sources, the Authority may reduce the monitoring frequency required in paragraph (3)(b)(E) of this rule to annually provided the system is reliably and consistently below the MCL. Systems which monitor annually must monitor during the quarter that previously yielded the highest analytical result.

(ii) Systems which have three consecutive annual samples with no detection of a contaminant may apply to the Authority for a waiver as specified in paragraph (3)(b)(D) of this rule.

(iii) Groundwater systems which have detected one or more of the following two-carbon organic compounds: trichloroethylene, tetrachloroethylene, 1,2-dichloroethane, 1,1,1-trichloroethane, cis-1,2-dichloroethylene, trans-1,2-dichloroethylene or 1,1-dichloroethylene shall monitor quarterly for vinyl chloride. A vinyl chloride sample shall be taken at each sampling point at which one or more of the two-carbon organic compounds was detected. If the results of the first analysis do not detect vinyl chloride, the Authority may reduce the quarterly monitoring frequency of vinyl chloride monitoring to one sample during each compliance period. Surface water systems are required to monitor for vinyl chloride at the discretion of the Authority.

(F) If the results of an analysis prescribed in paragraph (3)(b)(A) of this rule indicate that the level of any contaminant exceeds a maximum contaminant level, then the system shall monitor quarterly. After a minimum of four consecutive quarterly samples show the system to be reliably and consistently below the MCL and in compliance with paragraph (3)(b)(I) of this rule, then the system may monitor annually during the quarter which previously yielded the highest analytical result.

(G) The Authority may require confirmation samples for positive or negative results. If a confirmation sample is required by the Authority, the result must be averaged with the original sample result and the average used to determine compliance.

(H) The Authority may allow compositing of samples to reduce the number of samples to be analyzed by the system. Composite samples from a maximum of five sampling points are allowed, provided that the detection limit of the method used for analysis is less than one-fifth of the MCL. Compositing of samples must be done in the laboratory and analyzed within 14 days of sample collections. If the concentration in the composite sample is 0.0005 mg/l for any contaminant listed in subsection (3)(b) of this rule, then a follow-up sample must be taken and analyzed within 14 days at each sampling point included in the composite, and be analyzed for that contaminant. Duplicates taken on the original composite samples may be used instead of resampling provided the duplicates have not been held for longer than 14 days. For systems with a population greater than 3,300, the Authority may allow compositing at sampling points only within a single system. For systems with a population of 3,300 or less, the Authority may allow compositing among different systems provided the 5-sample limit is maintained.

(I) Compliance with contaminants listed in OAR 333-061-0030(2)(c) shall be determined based on the analytical results obtained at each sampling point. If one sampling point is in violation of an MCL, the system is in violation of the MCL. For systems which monitor more than once per year, compliance with the MCL is determined by a running annual average at each sampling point. Systems which monitor annually or less whose sample result exceeds the MCL must begin quarterly sampling. The system will not be considered in violation of the MCL until it has completed one year of quarterly sampling. If any sample result will cause the running annual average to exceed the MCL at any sampling point, the system is out of compliance with the MCL immediately. If a system fails to collect the required number of samples, compliance will be based on the total number of samples collected. If a sample result is less than the detection limit, zero will be used to calculate the annual average. If the water system is out of compliance, the system shall follow the reporting and public notification procedures as prescribed in 333-061-0040 and 333-061-0042(2)(b)(A).

(J) A water system’s running annual average (RAA) is calculated by averaging the analytical results for the current monitoring period and the previous monitoring periods within a one-year time frame. The first sample result that exceeds the MCL is considered to be in the initial monitoring period for determination of the RAA. Multiple sample results within any monitoring period will be averaged and then rounded to the same number of significant figures as the MCL of the contaminant in question. For the purposes of calculating a RAA, a monitoring period may be a calendar month or calendar quarter. Special samples, as described by paragraph (1)(h)(C) of this rule, will not be included in the calculation of a system’s running annual average.

(K) If monitoring data collected after January 1, 1988 are consistent with the requirements of subsection (3)(b) of this rule, the Authority may allow systems to use that data (i.e. a single sample rather than four quarterly samples) to satisfy the monitoring requirements prescribed in paragraph (3)(b)(A) of this rule for the initial compliance period. Systems which use grandparented samples and did not detect any contaminant listed in subsection (3)(b) of this rule shall begin monitoring annually in accordance with paragraph (3)(b)(C) of this rule beginning with the initial compliance period.

(L) All Community and Non-Transient Non-Community water systems shall monitor according to the following schedule:

Population — Begin initial monitoring — Complete initial monitoring by

300 or More — January 1, 1993 — December 31. 1993

100-299 — January 1, 1994 — December 31, 1994

Less than 100 — January 1, 1995 — December 31, 1995

(M) All new systems or systems that use a new source of water must demonstrate compliance with the MCL within a period of time specified by the Authority. The system must also comply with the initial sampling frequencies specified by the Authority to ensure a system can demonstrate compliance with the MCL.

(4) Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors:

(a) General sampling and analytical requirements. The requirements of this section apply to all Community and Non-transient Non-community water systems that add a disinfectant (oxidant) to the water supply at any point in the treatment process or deliver water in which a disinfectant (oxidant) has been added to the water supply.

(A) Water systems must take all samples during normal operating conditions.

(B) Water systems may consider multiple wells where a disinfectant is added, drawing water from a single aquifer, as one treatment plant for determining the minimum number of total trihalomethanes (TTHM) and haloacetic acids(five)(HAA5) samples required, with approval from the Authority.

(C) Failure to monitor in accordance with the monitoring plan as specified in paragraphs (4)(c)(C) or (4)(d)(D) of this rule is a monitoring violation.

(D) Failure to monitor will be treated as a violation for the entire period covered by the annual average where compliance is based on a running annual average (RAA) of monthly or quarterly samples or averages and the system’s failure to monitor makes it impossible to determine compliance with MCLs or MRDLs.

(E) Systems must use only data collected under the provisions of this rule to qualify for reduced monitoring.

(b) Initial Distribution System Evaluation (IDSE) Requirements. This subsection establishes monitoring and other requirements for identifying monitoring locations which, in conjunction with the requirements of subsections (4)(d) and (4)(f) of this rule, determine compliance with the MCLs for TTHM and HAA5 as specified in OAR 333-061-0030. Non-transient non-community water systems serving less than 10,000 people are exempt from the requirements of this subsection.

(A) IDSE Submittal Schedule: Water systems must comply with the requirements specified in Table 16 of this paragraph. Water systems that begin adding a disinfectant to the water supply after the dates specified in Table 16 must consult with the Authority to identify compliance monitoring locations and any IDSE compliance requirements. Water systems that were granted a waiver by the EPA exempting them from completing an IDSE, must begin monitoring in accordance with subsection (4)(d) of this rule no later than the date set forth in Table 21. [Table not included. See ED. NOTE.]

(i) The Authority may determine, in regards to the dates specified in Table 16, that a combined distribution system does not include certain wholesale or purchasing water systems based on factors such as delivering or receiving water only on an emergency basis, or delivering or receiving only a small percentage and volume of water. [Table not included. See ED. NOTE.]

(ii) IDSE results will not be used for the purpose of determining compliance with MCLs as prescribed by OAR 333-061-0030(2)(b).

(B) Standard monitoring plans. Standard monitoring plans must comply with the requirements of subparagraphs (4)(b)(B)(i) through (iv) of this rule.

(i) The standard monitoring plan must include a schematic of the distribution system (including distribution system water sources, entry points, and storage facilities), with notes indicating the locations and dates of all projected standard monitoring and projected monitoring as prescribed by subsections (4)(c) and (4)(e) of this rule.

(ii) The standard monitoring plan must include an explanation of standard monitoring location selection, and a summary of data relied on to justify the selection.

(iii) The standard monitoring plan must identify the population served and source water classification for the water system.

(iv) Standard monitoring. Water systems must monitor as indicated in Table 17 below. Water systems must collect dual sample sets at each monitoring location, and at least one round of monitoring must be during the peak historical month for TTHM or HAA5 levels, or during the month of warmest water temperature. Water systems must review available compliance, study, or operational data to determine the peak historical month for TTHM or HAA5 levels or the month of warmest water temperature. [Table not included. See ED. NOTE.]

(v) Samples must be collected at locations other than those specified by the monitoring plan as prescribed by subsection (4)(c) of this rule. Sampling locations must be spread throughout the distribution system.

(vi) If the number of entry points to the distribution system is fewer than the number of entry point monitoring locations specified in Table 17, excess entry point samples must be replaced equally by samples collected at locations where you would expect to find high TTHM and HAA5 concentration. If there is an odd number of excess sampling locations, the additional sample must be collected at a location where you would expect to find high TTHM concentration. If the number of entry points to the distribution system is greater than the number of entry point monitoring locations specified in Table 17, the samples must be collected at entry points having the highest annual water flows. [Table not included. See ED. NOTE.]

(vii) Monitoring in accordance with Table 17 may not be reduced according to the provisions of subsection (1)(d) of this rule. [Table not included. See ED. NOTE.]

(viii) IDSE report. The IDSE report must include the following elements:

(I) The IDSE report must include all TTHM and HAA5 analytical results collected in accordance with subsection (4)(c) or (4)(e) of this rule, and all standard monitoring conducted during the period of the IDSE as individual analytical results and a locational running annual average (LRAA) presented in a format acceptable to the Authority. If changed from the standard monitoring plan prescribed by paragraph (4)(b)(B) of this rule, the report must also include a schematic of the distribution system, the population served, and the source water type.

(II) The IDSE report must include an explanation of any deviations from the approved standard monitoring plan.

(III) Water systems must recommend timing and locations for compliance monitoring prescribed in subsections (4)(d) and (4)(f) of this rule, based on the protocol prescribed by subparagraph (4)(b)(D)(iii) of this rule, including an explanation for why the locations were selected.

(C) System Specific Study. A system specific study must be based on either existing monitoring results as prescribed by subparagraph (4)(b)(C)(i) of this rule, or modeling as prescribed by subparagraph (4)(b)(C)(ii) of this rule.

(i) Existing Monitoring Results. Water systems may submit monitoring results from previously collected samples if they meet the following criteria:

(I) TTHM and HAA5 samples must have been collected no earlier than seven years prior to the system specific study plan completion date listed in Table 16. Sample collection and analysis must be conducted in accordance with subsections (1)(a) and (1)(c) of this rule; [Table not included. See ED. NOTE.]

(II) The monitoring locations and monitoring frequency must meet the conditions specified in Table 18. Each sampling location must be sampled once during the peak historical month for TTHM or HAA5 levels or the month of warmest water temperature, for every 12 months of data submitted for that sampling location. Monitoring results must include all monitoring results collected in accordance with subsection (4)(c) or (4)(e) of this rule, and any additional monitoring results necessary to meet the minimum sample requirements; [Table not included. See ED. NOTE.]

(III) The water system must report previously collected monitoring results, and certify that the reported monitoring results include all results generated during the time period beginning with the first reported result and ending with the most recent monitoring result collected in accordance with subsection (4)(c) or (4)(e) of this rule;

(IV) The water system must certify that the samples are representative of the entire distribution system, and that neither treatment nor the distribution system has changed significantly since the samples were collected;

(V) The study plan must include a schematic of the distribution system (including distribution system water sources, entry points, and storage facilities), with notes indicating the locations and dates of all completed or planned system specific study monitoring;

(VI) The system specific study plan must include the population served and source water classification; and

(VII) If a water system submits previously collected monitoring results that meets the number of samples required by Table 18, and the Authority rejects some of the monitoring results, the water system must either conduct additional monitoring to replace the rejected results on an Authority-approved schedule or conduct standard monitoring as prescribed by paragraph (4)(b)(B) of this rule. [Table not included. See ED. NOTE.]

(ii) Modeling. Water systems may conduct analysis of an extended period simulation hydraulic model. The hydraulic model and analysis must meet the following criteria:

(I) The model must simulate a 24-hour variation in demand and show a consistently repeating 24-hour pattern of residence time;

(II) The model must represent the following criteria: (1) 75 percent of pipe volume; (2) 50 percent of pipe length; (3) all pressure zones; (4) all 12-inch diameter and larger pipes; (5) all 8-inch and larger pipes that connect pressure zones, influence zones from different sources, storage facilities, major demand areas, pumps, and control valves, or are known or expected to be significant conveyors of water; (6) all 6-inch and larger pipes that connect remote areas of a distribution system to the main portion of the system; (7) all storage facilities with standard operations represented in the model; and (8) all active pump stations with controls represented in the model; and (9) all active control valves; and

(III) The model must be calibrated, or have calibration plans for the current configuration of the distribution system during the period of highest TTHM formation potential. All storage facilities must be evaluated as part of the calibration process. Calibration must be completed no later than 12-months after submission of the system specific study plan.

(IV) Reporting modeling. The system specific study plan must include (1) tabular or spreadsheet data demonstrating that the model meets requirements in subparagraph (C)(ii)(II) of this section; (2) a description of all calibration activities undertaken, and if calibration is complete, a graph of predicted tank levels versus measured tank levels for the storage facility with the highest residence time in each pressure zone, and a time series graph of the residence time at the longest residence time storage facility in the distribution system showing the predictions for the entire simulation period (i.e., from time zero until the time it takes to for the model to reach a consistently repeating pattern of residence time); (3) model output showing preliminary 24 hour average residence time predictions throughout the distribution system; (4) timing and number of samples representative of the distribution system planned for at least one monitoring period of TTHM and HAA5 dual sample monitoring at a number of locations no less than would be required for the system under standard monitoring in paragraph (4)(b)(B) of this rule during the historical month of high TTHM. These samples must be taken at locations other than existing compliance monitoring locations determined in accordance with subsection (4)(c) of this rule (5) description of how all requirements will be completed no later than 12 months after system submits the system specific study plan; (6) schematic of the distribution system (including distribution system entry points and their sources, and storage facilities), with notes indicating the locations and dates of all completed system specific study monitoring (if calibration is complete) and all compliance monitoring conducted in accordance with subsection (4)(c) of this rule; and (7) population served and system type (surface water, groundwater under the direct influence of surface water, or groundwater).

(V) If a model is submitted that does not meet the requirements of subparagraph (4)(b)(C)(ii) of this rule, the system must correct the deficiencies and respond to Authority inquiries concerning the model. Failure to correct deficiencies or respond to inquiries by the Authority will result in the system having to conduct standard monitoring as prescribed by paragraph (4)(b)(B) of this rule.

(iii) IDSE report. Water systems must submit the IDSE report according to the schedule prescribed in Table 16, and the report must include the following elements: [Table not included. See ED. NOTE.]

(I) The IDSE report must include all TTHM and HAA5 monitoring results collected in accordance with subsections (4)(c) and (4)(e) of this rule, and all system specific study monitoring results collected during the period of the system specific study submitted in a tabular or spreadsheet format acceptable to the Authority. If changed from the system specific study plan submitted under paragraph (4)(b)(C) of this rule, the IDSE report must also include a schematic of the distribution system, the population served, and source water classification;

(II) If using the modeling provision prescribed by subparagraph (4)(b)(C)(ii) of this rule, the system must include final information for the elements described in subparagraphs (4)(b)(C)(ii)(IV) and (V) of this rule, and a 24-hour time series graph of residence time for each location selected for monitoring in accordance with subsections (4)(d) and (4)(f) of this rule;

(III) The water system must recommend monitoring locations selected for monitoring in accordance with subsections (4)(d) and (4)(f) of this rule based on the protocol in paragraph (4)(b)(D) of this rule. It must also recommend and justify the timing of the monitoring to be conducted at these monitoring locations.

(IV) The IDSE report must include an explanation of any deviations from the approved system specific study plan.

(V) The IDSE report must include the analytical and modeling results, and the justification for recommending the monitoring locations selected for monitoring in accordance with subsections (4)(d) and (4)(f) of this rule.

(VI) Water systems may submit the IDSE report in lieu of the system specific study plan two years prior to the dates listed in Table 16 for completion of the system specific study if the water system believes it has the necessary information by the time that the system specific study plan is due. If water systems choose this approach, the IDSE report must also include all information required under paragraph (4)(b)(C) of this rule. [Table not included. See ED. NOTE.]

(D) Monitoring location recommendations.

(i) The IDSE report must include recommendations and explanation for where and during what month(s) TTHM and HAA5 monitoring in accordance with subsections (4)(d) and (4)(f) of this rule should be conducted. Recommendations must be based on the criteria in subparagraphs (4)(b)(D)(ii) through (v) of this rule.

(ii) Water systems must collect samples as prescribed by Table 19 below. The number of samples and recommended locations must be used for monitoring in accordance with subsections (4)(d) and (4)(f) of this rule, unless the Authority requires different or additional locations. Monitoring locations should be dispersed throughout the distribution system to the maximum extent possible. [Table not included. See ED. NOTE.]

(iii) Water systems must recommend locations for monitoring in accordance with subsections (4)(d) and (4)(f) of this rule based on standard monitoring results, system specific study results, or monitoring results collected in accordance with subsections (4)(c) and (4)(e) of this rule. Water systems must comply with the protocol specified in subparagraphs (4)(b)(D)(iii)(I) through (VIII) of this rule. If a water system is required to monitor at more than eight locations, the protocol must be repeated as necessary. If a water system does not have sufficient monitoring results collected in accordance with subsections (4)(c) and (4)(e) of this rule, the system must repeat the protocol, ignoring the provisions of subparagraphs (4)(b)(D)(iii)(III) and (VII) as necessary, until the required total number of monitoring locations have been identified. Water systems must select the:

(I) Location with the highest TTHM LRAA not previously selected through this protocol;

(II) Location with the highest HAA5 LRAA not previously selected through this protocol;

(III) Location with the highest HAA5 LRAA based on sampling in accordance with subsections (4)(c) and (4)(e) of this rule, and with average residence time (or maximum residence time for groundwater systems) not previously selected through this protocol;

(IV) Location with the highest TTHM LRAA not previously selected through this protocol;

(V) Location with the highest TTHM LRAA not previously selected through this protocol;

(VI) Location with the highest HAA5 LRAA not previously selected through this protocol;

(VII) Location with the highest TTHM LRAA based on sampling in accordance with subsections (4)(c) and (4)(e) of this rule, and with average residence time (or maximum residence time for groundwater systems) not previously selected through this protocol; and

(VIII) Location with the highest HAA5 LRAA not previously selected through this protocol.

(iv) A water system may recommend locations other than those determined through subparagraph (4)(b)(D)(iii) of this rule, if the system includes a rationale for selecting other locations. If the Authority approves the alternate locations, the water system must monitor at these locations to determine compliance with subsections (4)(d) and (4)(f) of this rule.

(v) The water system’s recommended monitoring schedule must include the month of historically highest TTHM and HAA5 concentration, unless the Authority approves another month. Once the highest historical month has been identified, and if quarterly or more frequent routine monitoring is required, water systems must schedule monitoring at a regular frequency of at least every 90 days.

(c) Routine monitoring requirements for TTHMs and HAA5.

(A) Water systems required to conduct monitoring for TTHM and HAA5 must monitor at the frequency specified in Table 20 until the date set forth in Table 21, after which water systems must comply with the requirements of subsections (4)(d) or (4)(f) of this rule. [Table not included. See ED. NOTE.]

(B) Systems on increased monitoring may return to routine monitoring if, after at least one year of monitoring, the TTHM annual average is less than or equal to 0.060 mg/L and the HAA5 annual average is less than or equal to 0.045 mg/L.

(C) Monitoring plans. Each water system required to monitor under subsection (4)(c) of this rule must develop and implement a monitoring plan. The system must maintain the plan and make it available for inspection by the Authority and the general public no later than 30 days following the applicable compliance dates as specified in OAR 333-061-0032(10)(b). All water systems using surface water or groundwater under the direct influence of surface water serving more than 3,300 people must submit a copy of the monitoring plan to the Authority no later than the date of the first report required by OAR 333-061-0040(k). The Authority may also require the plan to be submitted by any other system. After review, the Authority may require changes in any plan elements. The plan must include at least the following elements:

(i) Specific locations and schedules for collecting samples for any parameters included in subsection (4)(c) and (4)(e) of this rule;

(ii) How the water system will calculate compliance with MCLs, MRDLs, and treatment techniques; and

(iii) If approved for monitoring as a purchasing water system, or if providing water to a purchasing water system, the sampling plan must reflect the entire distribution system.

(d) Revised monitoring requirements for TTHM and HAA5. This subsection establishes monitoring and other requirements for achieving compliance with the MCL based on a LRAA for TTHM and HAA5.

(A) Water systems must meet the requirements of this subsection beginning on the date specified by the schedule in Table 21: [Table not included. See ED. NOTE.]

(i) Water systems required to conduct quarterly monitoring must begin monitoring in the calendar quarter that includes the compliance date specified in Table 21. [Table not included. See ED. NOTE.]

(ii) Water systems required to conduct monitoring at a frequency less than quarterly must begin monitoring in the month recommended in the IDSE report prepared as prescribed in paragraphs (4)(b)(B) or (4)(b)(C) of this rule, or the month identified in the monitoring plan developed as prescribed in paragraph (4)(d)(D) of this rule, within 12 months of the date specified in Table 21. [Table not included. See ED. NOTE.]

(B) Compliance calculations and determinations. Water systems required to conduct quarterly monitoring must make compliance calculations at the end of the fourth quarter following the compliance date specified in Table 21, and at the end of each subsequent quarter. The LRAA must be calculated prior to the fourth quarter if fewer than four quarters of data would cause the MCL to be exceeded, regardless of the monitoring results in subsequent quarters. Water systems required to conduct monitoring at a frequency less than quarterly must make compliance calculations beginning with the first sample collected after the date specified in Table 21. [Table not included. See ED. NOTE.]

(i) Water systems required to monitor quarterly. Water systems must calculate the LRAA for TTHM and HAA5 using monitoring results collected under this subsection to determine that each LRAA does not exceed the MCL listed in OAR 333-061-0030(2)(b). Water systems that fail to complete four consecutive quarters of monitoring must calculate the LRAA based on the available data from the most recent four quarters. Water systems that take more than one sample per quarter at a specific monitoring location must average all samples taken in the quarter for that location to determine a quarterly average to be used in the LRAA calculation.

(ii) Water systems required to monitor yearly or less frequently. Water systems must determine that each sample collected is less than the MCL listed in OAR 333-061-0030(2)(b). If any sample exceeds the MCL, the water system must comply with the requirements of subsection (4)(h) of this rule. If no sample exceeds the MCL, the sample result for each monitoring location is considered the LRAA for that monitoring location.

(iii) A water system required to monitor quarterly is in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating an LRAA if the system fails to monitor.

(C) Routine Monitoring Frequency. Water systems that submitted an IDSE report must begin monitoring at the locations and during the months recommended in the IDSE report as prescribed by paragraph (4)(b)(D) of this rule, following the schedule as prescribed by Table 21, unless the Authority requires other or additional locations after its review. Non-transient Non-community water systems serving less than 10,000 people, and water systems that were granted a waiver by the EPA exempting them from completing an IDSE must begin monitoring at the location(s) and dates identified in the monitoring plan developed as prescribed in paragraph (4)(c)(C) of this rule, and updated as required by paragraph (4)(d)(D) of this rule. [Table not included. See ED. NOTE.]

(i) Systems must monitor at no fewer than the number of locations identified in Table 22: [Table not included. See ED. NOTE.]

(ii) Water systems that begin adding a disinfectant to the water supply after the dates specified in Table 16 must consult the Authority to identify compliance monitoring locations. Systems must then develop a monitoring plan as prescribed in paragraph (4)(d)(D) of this rule that includes those monitoring locations.

(D) Monitoring Plan. Water systems must develop and implement a monitoring plan. The monitoring plan must be completed no later than the date the system begins monitoring in accordance with subsections (4)(d) and (4)(f) of this rule, and must be maintained and made available for inspection by the Authority and the general public.

(i) The monitoring plan must include the following elements:

(I) Monitoring locations;

(II) Monitoring dates; and

(III) Compliance calculation procedures.

(ii) Water systems not required to submit an IDSE report as prescribed in paragraphs (4)(b)(B) or (4)(b)(C) of this rule, and that have either insufficient or too many monitoring locations from monitoring in accordance with subsections (4)(c) and (4)(e) of this rule, must identify the required number of monitoring locations for monitoring in accordance with subsections (4)(d) and (4)(f) of this rule. Water systems must identify the locations by alternating the selection of locations representing high TTHM levels and high HAA5 levels until the required number of monitoring locations have been identified. Water systems must also provide a rationale for identifying the locations as having high levels of TTHM or HAA5.

(iii) Surface water or GWUDI systems serving more than 3,300 people must submit a copy of their monitoring plan to the Authority prior to the date the system conducts initial monitoring under subsection (4)(d) of this rule, unless the IDSE report submitted as prescribed in subsection (4)(b) of this rule contains all the information required in paragraph (4)(b)(D) of this rule.

(iv) Revisions to monitoring plans. Systems may revise monitoring plans to reflect changes in treatment, distribution system operations, layout (including new service areas), or other factors that may affect TTHM or HAA5 formation, including Authority-approved reasons, after consultation with the Authority regarding the need and justification for the revision. If monitoring locations are changed, then water systems must replace existing monitoring locations with the lowest LRAA with new locations that reflect current distribution system locations expected to have high TTHM or HAA5 levels. The Authority may require modifications in monitoring plans. Surface water or groundwater under the direct influence of surface water systems serving > 3,300 people must submit a copy of their modified monitoring plan to the Authority prior to the date required to comply with the revised monitoring plan.

(e) Reduced monitoring. Until the date set forth in Table 21, water systems may reduce monitoring as specified in Table 23, except as otherwise provided. [Table not included. See ED. NOTE.]

(A) Systems on a reduced monitoring schedule may remain on that reduced schedule as long as the average of all samples taken in the year (for systems which must monitor quarterly) or the result of the sample (for systems which must monitor no more frequently than annually) is no more than 0.060 mg/L and 0.045 mg/L for TTHMs and HAA5, respectively. Systems that do not meet these levels must resume monitoring at the frequency identified in paragraph (4)(c)(A) of this rule (minimum monitoring frequency column) in the quarter immediately following the monitoring period in which the system exceeds 0.060 mg/L or 0.045 mg/L for TTHMs and HAA5, respectively. For systems using only groundwater not under the direct influence of surface water and serving less than 10,000 persons, if either the TTHM annual average is greater than 0.080 mg/L or the HAA5 annual average is greater than 0.060 mg/L, the water system must go to increased monitoring as specified in paragraph (4)(c)(A) of this rule (sample location column) in the quarter immediately following the monitoring period in which the system exceeds 0.080 mg/L or 0.060 mg/L for TTHMs or HAA5, respectively.

(B) Systems may remain on reduced monitoring after the dates identified in Table 21 of paragraph (4)(d)(A) of this rule for compliance with this rule only if the water system was granted a waiver by the EPA exempting them from completing an IDSE, and the system meets the reduced monitoring criteria specified in subsection (4)(f) and paragraph (4)(f)(A) of this rule, and does not change or add monitoring locations from those used for compliance monitoring in accordance with subsection (4)(c) of this rule. If monitoring locations under subsection (4)(d) of this rule differ from monitoring locations under subsection (4)(c) of this rule, then systems may not remain on reduced monitoring after the dates identified in paragraph (4)(d)(A) of this rule, for compliance with this rule. [Table not included. See ED. NOTE.]

(C) Monitoring requirements for source water TOC. Surface water or GWUDI systems must collect TOC samples every 30 days at a location prior to any treatment in order to qualify for reduced TTHM and HAA5 monitoring as prescribed by this subsection, unless the water system is monitoring as prescribed by subsection (4)(n) of this rule. To remain on reduced monitoring, and in addition to meeting other criteria for reduced monitoring, the source water TOC running annual average must be ≤4.0mg/L based on the most recent four quarters of monitoring, on a continuing basis at a location prior to any treatment. Once qualified for reduced monitoring as prescribed by this subsection, a water system may reduce source water TOC monitoring to quarterly TOC samples collected every 90 days at a location prior to any treatment.

(D) The Authority may return a system to routine monitoring at its discretion.

(f) Revised reduced monitoring. Beginning on the dates set forth in Table 21, systems may reduce monitoring to the level specified in Table 24 any time the LRAA is ≤0.040 mg/L for TTHM and ≤0.030 mg/L for HAA5 at all monitoring locations. [Table not included. See ED. NOTE.]

(A) Systems may only use data collected under the provisions of subsections (4)(c) through (4)(f) of this rule to qualify for reduced monitoring. In addition, the annual source water average TOC level, before any treatment, must be less than or equal to 4.0 mg/L at each plant treating surface water or groundwater under the direct influence of surface water, based on monitoring conducted as prescribed in paragraph (4)(f)(D) and subsection (4)(n) of this rule.

(B) Water Systems may remain on reduced monitoring so long as:

(i) The LRAA for water systems conducting quarterly monitoring is less than or equal to 0.040 mg/L for TTHM and less than or equal to 0.030 mg/L for HAA5 at each monitoring location; or

(ii) Samples collected by water systems conducting annual or less frequent monitoring are less than or equal to 0.060 mg/L for TTHM and less than or equal to 0.045 mg/L for HAA5.

(C) Water systems must resume routine monitoring as prescribed in subsection (4)(d) of this rule, or begin increased monitoring as prescribed in subsection (4)(h) of this rule if:

(i) The LRAA based on quarterly monitoring exceeds 0.040 mg/L for TTHM or 0.030 mg/L for HAA5 at any monitoring location; or

(ii) A sample collected at any location exceeds either 0.060 mg/L for TTHM or 0.045 mg/L for HAA5 when the monitoring frequency is annual or less frequent; or

(iii) The average annual source water TOC level, before any treatment, is greater than 4.0 mg/L at any treatment plant treating surface water or groundwater under the direct influence of surface water.

(D) Monitoring requirements for source water TOC. Surface water or GWUDI systems must collect monthly TOC samples every 30 days at a location prior to any treatment in order to qualify for reduced TTHM and HAA5 monitoring as prescribed by this subsection, unless the water system is monitoring as prescribed by subsection (4)(n) of this rule. To remain on reduced monitoring, and in addition to meeting other criteria for reduced monitoring, the source water TOC running annual average must be ≤4.0 mg/L, based on the most recent four quarters of monitoring, on a continuing basis at a location prior to any treatment. Once qualified for reduced monitoring as prescribed by this subsection, a water system may reduce source water TOC monitoring to quarterly TOC samples collected every 90 days at a location prior to any treatment.

(E) A water system may be returned to routine monitoring at the Authority’s discretion.

(g) Disinfection Profiling and Disinfection Benchmarking. Any community, non-transient non-community, or transient non-community water system utilizing surface water or groundwater under direct influence of surface water that desires to make a significant change to its disinfection treatment process as defined by OAR 333-061-0060(1)(e)(A) through (1)(e)(D) must conduct disinfection profiling and benchmarking for Giardia lamblia and viruses. Any community or non-transient non-community water system utilizing surface water or groundwater under direct influence of surface water and having a running annual average greater than or equal to 0.064 mg/l for TTHM or 0.048 mg/l for HAA5, must conduct disinfection profiling for Giardia lamblia.

(A) Water systems serving at least 10,000 people must conduct the disinfection profiling in accordance with the USEPA Disinfection Profiling and Benchmarking Guidance Manual. The profile must be based on daily inactivation rate calculations over a period of 12 consecutive months. If the water system uses chloramines, ozone, or chlorine dioxide as a primary disinfectant, the log inactivation for viruses must be calculated and an additional disinfection profile must be developed using a method approved by the Authority.

(B) Water systems serving less than 10,000 people must conduct the disinfection profiling in accordance with or the USEPA LT1-ESWTR Disinfection Profiling and Benchmarking Technical Guidance Manual. The profile must be based on weekly inactivation rate calculations collected on the same calendar day over a period of 12 consecutive months. If the water system uses chloramines, ozone, or chlorine dioxide as a primary disinfectant, the log inactivation for viruses must be calculated and an additional disinfection profile must be developed using a method approved by the Authority.

(C) Water systems using either a single or multiple points of disinfection must monitor the following parameters to determine total log inactivation for each disinfection segment:

(i) The temperature of the disinfected water at each residual disinfectant concentration sampling point during peak hourly flow;

(ii) The pH of the disinfected water at each residual disinfectant concentration sampling point during peak hourly flow for systems using chlorine;

(iii) The disinfectant contact time(s) (“T”) during peak hourly flow; and

(iv) The residual disinfectant concentration(s) (“C”) of the water before or at the first customer and prior to each additional point of disinfection during peak hourly flow.

(D) Water systems required to develop disinfection profiles as prescribed by OAR 333-061-0060(1)(e) must meet the requirements of subparagraphs (4)(g)(D)(i) through (iii) of this rule:

(i) Water systems must monitor at least weekly for a period of 12 consecutive months to determine the total log inactivation for Giardia lamblia and viruses. If water systems monitor more frequently, the monitoring frequency must be evenly spaced. Water systems that operate for fewer than 12 months per year must monitor weekly during the period of operation;

(ii) Water systems must determine log inactivation for Giardia lamblia through the entire plant, based on CT99.9 values in Tables 26 through 33 in OAR 333-061-0036(5) as applicable; and [Table not included. See ED. NOTE.]

(iii) Water systems must determine log inactivation for viruses through the entire treatment plant based on a protocol approved by the Authority.

(E) Water systems must calculate the total inactivation ratio for Giardia lamblia as specified in this paragraph.

(i) Water systems using only one point of disinfectant application must determine the total inactivation ratio for the disinfection segment based on the methods specified in this paragraph.

(I) Water systems must determine one inactivation ratio (CTcalc/CT99.9) before or at the first customer during peak hourly flow; or

(II) Must determine successive (CTcalc/CT99.9) values, representing sequential inactivation ratios, between the point of disinfectant application and a point before or at the first customer during peak hourly flow. Water systems must calculate the total inactivation ratio by determining (CTcalc/CT99.9) for each sequence and then adding the (CTcalc/CT99.9) values together to determine ∑(CTcalc/CT99.9)).

(ii) Water systems using more than one point of disinfectant application before the first customer must determine the (CTcalc/CT99.9) value of each disinfection segment immediately prior to the next point of disinfectant application, or for the final segment, before or at the first customer, during peak hourly flow. The (CTcalc/CT99.9) value of each segment and ∑(CTcalc/CT99.9) must be calculated using the method in subparagraph (4)(g)(E)(i)(II) of this rule.

(iii) The system must determine the total log of inactivation by multiplying the value calculated in subparagraphs (4)(g)(E)(i) or (ii) of this rule by 3.0.

(F) In lieu of conducting new monitoring as prescribed by paragraph (4)(g)(C) of this rule, water systems may elect to meet the requirements of subparagraphs (4)(g)(F)(i) or (ii) of this rule as follows:

(i) Water systems that have at least one year of existing data that are substantially equivalent to data collected in accordance with the provisions of this subsection may use these data to develop disinfection profiles as specified in this section if the system has not made a significant change to its treatment practice nor changed sources since the data were collected. Water systems may develop disinfection profiles using up to three years of existing data.

(ii) Water systems may use disinfection profile(s) developed as prescribed by this subsection in lieu of developing a new profile if the system has neither made a significant change to its treatment practice nor changed sources since the profile was developed. Water systems that have not developed a virus profile as prescribed by paragraph (4)(g)(G) of this rule must develop a virus profile using the same monitoring data on which the Giardia lamblia profile is based.

(G) Water systems must calculate the log of inactivation for viruses using a similar protocol as described in paragraph (4)(g)(D) of this rule, using a CT99.99 and a multiplication factor of 4.0.

(H) A water system subject to OAR 333-061-0060(1)(e) must calculate a disinfection benchmark using the procedures specified in subparagraphs (4)(g)(H)(i) and (ii) of this rule to calculate a disinfection benchmark.

(i) For each year of profiling data collected and calculated as prescribed by paragraphs (4)(g)(A) through (G) of this rule, systems must determine the lowest mean monthly level of both Giardia lamblia and virus inactivation. Water systems must determine the mean Giardia lamblia and virus inactivation for each calendar month for each year of profiling data by dividing the sum of daily or weekly Giardia lamblia and virus log inactivation by the number of values calculated for that month.

(ii) The disinfection benchmark is the lowest monthly mean value (for water systems with one year of profiling data) or the mean of the lowest monthly mean values (for water systems with more than one year of profiling data) of Giardia lamblia and virus log inactivation in each year of profiling data.

(I) Water systems must retain the disinfection profile data in graphic form, such as a spreadsheet, which must be available for review by the Authority as part of a sanitary survey or other field visit contact.

(h) Conditions requiring increased monitoring.

(A) Water systems required to monitor annually or less frequently as prescribed by subsections (4)(d) or (4)(f) of this rule must increase monitoring to dual sample sets collected every 90 days at all locations, if a TTHM or HAA5 sample exceeds the MCL at any location.

(B) Water systems conducting increased monitoring in accordance with paragraph (4)(h)(A) of this rule must collect samples at the monitoring locations specified in the monitoring plan developed in accordance with paragraph (4)(d)(D) of this rule.

(C) Water systems may return to routine monitoring if at least four consecutive quarters of increased monitoring has been conducted, and the LRAA for every monitoring location is less than or equal to 0.060 mg/L for TTHM and 0.045 mg/L for HAA5.

(D) Water systems conducting increased monitoring in accordance with subsection (4)(c) of this rule must continue increased monitoring at the locations specified in the monitoring plan as described in paragraph (4)(d)(D) of this rule beginning on the date identified in Table 21, and continue increased monitoring at the specified locations until qualifying for a return to routine monitoring as prescribed by subsection (4)(d) and paragraph (4)(h)(C) of this rule. [Table not included. See ED. NOTE.]

(i) Operational evaluation levels

(A) Water systems have exceeded the operational evaluation level for TTHM or HAA5 at a monitoring location when the sum of the two previous quarters’ sample results plus twice the current quarter’s sample result, divided by 4, exceeds the MCL.

(B) Operational evaluation and report.

(i) Systems that exceed the operational evaluation level for either TTHM or HAA5 must conduct an operational evaluation and submit a written report of the evaluation to the Authority no later than 90 days after being notified of the analytical result that causes the system to exceed the operational evaluation level. The written report must be made available to the public upon request.

(ii) Operational evaluations must include an examination of the water system’s treatment and distribution practices, including but not limited to: storage tank operations, excess storage capacity, distribution system flushing, changes in sources or source water quality, and treatment changes or problems that may contribute to TTHM and HAA5 formation. The examination must also include what steps could be considered to minimize future exceedances.

(I) The Authority may allow water systems to limit the scope of the evaluation if the water system is able to identify the cause of the operational evaluation level exceedance.

(II) The request to limit the scope of the evaluation does not extend the schedule specified in subparagraph (4)(i)(B)(i) of this rule for submitting the written report. The Authority must approve this limited scope of evaluation in writing, and the water system must keep that approval with the completed report.

(j) Additional requirements for purchasing water systems. Purchasing water systems that do not add a disinfectant, but deliver water where a disinfectant (oxidant) has been added to the water supply at any point in the treatment process must comply with analytical and monitoring requirements for chlorine and chloramines as prescribed in paragraph (4)(m)(A) of this rule and in subsection (4)(s) of this rule.

(k) Chlorite. Community and Non-transient Non-community water systems using chlorine dioxide, for disinfection or oxidation, must conduct monitoring for chlorite.

(A) Routine monitoring.

(i) Daily monitoring. Water systems must take daily samples at the entrance to the distribution system. For any daily sample that exceeds the chlorite MCL, the system must take additional samples in the distribution system the following day at the locations required by paragraph (4)(k)(B) of this rule, in addition to the sample required at the entrance to the distribution system.

(ii) Monthly monitoring. Systems must take a three sample set each month in the distribution system. The system must take one sample at each of the following locations: near the first customer, at a location representative of average residence time, and at a location reflecting maximum residence time in the distribution system. Any additional routine sampling must be conducted in the same manner (as three sample sets, at the specified locations). The system may use the results of additional monitoring conducted under paragraph (4)(k)(B) of this rule to meet the requirement for monitoring in this paragraph.

(B) Additional monitoring. On each day following a routine sample monitoring result that exceeds the chlorite MCL at the entrance to the distribution system, the system is required to take three chlorite distribution system samples at the following locations: as close to the first customer as possible, in a location representative of average residence time, and as close to the end of the distribution system as possible (reflecting maximum residence time in the distribution system).

(C) Reduced monitoring.

(i) Chlorite monitoring at the entrance to the distribution system required by subparagraph (4)(k)(A)(i) of this rule may not be reduced.

(ii) Chlorite monitoring in the distribution system required by subparagraph (4)(k)(A)(ii) of this rule may be reduced to one three sample set per quarter after one year of monitoring where no individual chlorite sample taken in the distribution system under subparagraph (4)(k)(A)(ii) of this rule has exceeded the chlorite MCL and the system has not been required to conduct monitoring under paragraph (4)(k)(B) of this rule. The system may remain on the reduced monitoring schedule until either any of the three individual chlorite samples taken quarterly in the distribution system under subparagraph (4)(k)(A)(ii) of this rule exceeds the chlorite MCL or the system is required to conduct monitoring under paragraph (4)(k)(B) of this rule, at which time the system must revert to routine monitoring.

(l) Bromate

(A) Routine monitoring. Community and Non-transient Non-community water systems using ozone, for disinfection or oxidation, must take one sample per month for each treatment plant in the system using ozone. Water systems must take samples monthly at the entrance to the distribution system while the ozonation system is operating under normal conditions.

(B) Reduced monitoring. Water systems required to analyze for bromate may reduce monitoring from monthly to quarterly, if the system’s running annual average bromate concentration is less than or equal to 0.0025 mg/L based on monthly bromate measurements for the most recent four quarters. Water systems may remain on reduced monitoring as long as the running annual average of quarterly bromate samples is less than or equal to 0.0025 mg/L. If the running annual average bromate concentration is >0.0025 mg/L, the system must resume routine monitoring as required by paragraph (4)(l)(A) of this rule.

(m) Monitoring requirements for disinfectant residuals.

(A) Chlorine and chloramines

(i) Routine monitoring. Community and Non-transient Non-community water systems that use chlorine or chloramines must measure the residual disinfectant level at the same points in the distribution system and at the same time when total coliforms are sampled, as specified in OAR 333-061-0036(6). Water systems using surface water or groundwater under the direct influence of surface water may use the results of residual disinfectant concentration sampling conducted as required by OAR 333-061-0036(5)(a)(F) for unfiltered systems or 333-061-0036(5)(b)(E) for systems which filter, in lieu of taking separate samples. Compliance with this rule is achieved when the running annual average of monthly averages of samples taken in the distribution system, computed quarterly, is less than or equal to the MRDL. Operators may increase residual disinfectant levels of chlorine or chloramine (but not chlorine dioxide) in the distribution system to a level and for a time necessary to protect public health in order to address specific microbiological contaminant problems resulting from events in the source water or in the distribution system.

(ii) Reduced monitoring from subparagraph (4)(m)(A)(i) of this rule is not allowed.

(B) Chlorine dioxide

(i) Routine monitoring. Community, Non-transient Non-community, and Transient Non-community water systems that use chlorine dioxide for disinfection or oxidation must take daily samples at the entrance to the distribution system. For any daily sample that exceeds the MRDL, the water system must take samples in the distribution system the following day at the locations required by subparagraph (4)(m)(B)(ii) of this rule, in addition to the sample required at the entrance to the distribution system. Compliance with this rule is achieved when daily samples are taken at the entrance to the distribution system and no two consecutive daily samples exceed the MRDL.

(ii) Additional monitoring. On each day following a routine sample monitoring result that exceeds the MRDL, the system is required to take three chlorine dioxide distribution system samples. If chlorine dioxide or chloramines are used to maintain a disinfectant residual in the distribution system, or if chlorine is used to maintain a disinfectant residual in the distribution system and there are no disinfection addition points after the entrance to the distribution system (i.e., no booster chlorination), the system must take three samples as close to the first customer as possible, at intervals of at least six hours. If chlorine is used to maintain a disinfectant residual in the distribution system and there are one or more disinfection addition points after the entrance to the distribution system (i.e., booster chlorination), the system must take one sample at each of the following locations: as close to the first customer as possible, in a location representative of average residence time, and as close to the end of the distribution system as possible (reflecting maximum residence time in the distribution system).

(iii) Chlorine dioxide monitoring may not be reduced from subparagraph (4)(m)(B)(ii) of this rule.

(n) Monitoring requirements for disinfection byproduct precursors (DBPP)

(A) Routine monitoring. Water systems using surface water or groundwater under the direct influence of surface water which use conventional filtration treatment must monitor each treatment plant for TOC no later than the point of combined filter effluent turbidity monitoring and representative of the treated water. All systems required to monitor as prescribed by subsection (4)(n) of this rule must also monitor for TOC in the source water prior to any treatment at the same time as monitoring for TOC in the treated water. These samples (source water and treated water) are referred to as paired samples. At the same time as the source water sample is taken, all systems must monitor for alkalinity in the source water prior to any treatment. Systems must take one paired sample and one source water alkalinity sample per month per plant at a time representative of normal operating conditions and influent water quality.

(B) Reduced monitoring. Water systems using surface water or groundwater under the direct influence of surface water with an average treated water TOC of less than 2.0 mg/L for two consecutive years, or less than 1.0 mg/L for one year, may reduce monitoring for both TOC and alkalinity to one paired sample and one source water alkalinity sample per plant per quarter. The water system must revert to routine monitoring in the month following the quarter when the annual average treated water TOC is greater than or equal to 2.0 mg/L.

(o) General compliance requirements.

(A) Where compliance is based on a running annual average of monthly or quarterly samples or averages and the system fails to monitor for TTHM, HAA5, or bromate, this failure to monitor will be treated as a monitoring violation for the entire period covered by the annual average. Where compliance is based on a running annual average of monthly or quarterly samples or averages and the system’s failure to monitor makes it impossible to determine compliance with MRDLs for chlorine and chloramines, this failure to monitor will be treated as a monitoring violation for the entire period covered by the annual average.

(B) All samples taken and analyzed under the provisions of section (4) of this rule must be included in determining compliance, even if that number is greater than the minimum required.

(C) If, during the first year of monitoring as required by section (4) of this rule, any individual quarter’s average will cause the running annual average of that system to exceed the MCL for TTHM, HAA5, or bromate, or the MRDL for chlorine or chloramine, the system is out of compliance at the end of that quarter.

(p) Compliance requirements for TTHMs and HAA5.

(A) For systems monitoring quarterly, and in accordance with subsections (4)(c) or (4)(e) of this rule, compliance with MCLs as required by OAR 333-061-0030(2)(b) must be based on a running annual arithmetic average, computed quarterly, of quarterly arithmetic averages of all samples collected by the system as required by subsection (4)(c) of this rule.

(B) For water systems monitoring less frequently than quarterly, and in accordance with subsections (4)(c) or (4)(e) of this rule, compliance must be based on an average of samples taken that year as required by paragraph (4)(c)(A) of this rule. If the average of these samples exceeds the MCL, the water system must increase monitoring to once per quarter per treatment plant and the system is not considered in violation of the MCL until it has completed one year of quarterly monitoring, unless the result of fewer than four quarters of monitoring will cause the running annual average to exceed the MCL, in which case the system is in violation at the end of that quarter. Water systems required to increase monitoring frequency to quarterly monitoring must calculate compliance by including the sample which triggered the increased monitoring plus the following three quarters of monitoring.

(C) If the running annual arithmetic average of quarterly averages covering any consecutive four quarter period exceeds the MCL, the system is in violation of the MCL and must notify the public as required by OAR 333-061-0042(2)(b)(A), in addition to reporting to the Authority as required by OAR 333-061-0040.

(D) If a water system fails to complete four consecutive quarters’ monitoring, compliance with the MCL for the last four quarter compliance period must be based on an average of the available data.

(E) A water system monitoring for TTHM or HAA5 in accordance with subsections (4)(d), (4)(f) or (4)(h) of this rule is in violation of the MCL specified in OAR 333-061-0030(2)(b) when the LRAA calculation exceeds the MCL based on four consecutive quarters of monitoring (or fewer than four quarters of monitoring if the MCL would be exceeded regardless of monitoring results in subsequent quarters). A water system is in violation of the monitoring requirements every quarter that a monitoring result would be used in calculating an LRAA if the system fails to monitor.

(q) Compliance requirements for Bromate. Compliance must be based on a running annual arithmetic average, computed quarterly, of monthly samples (or, for months in which the system takes more than one sample, the average of all samples taken during the month) collected by the system as required by subsection (4)(l) of this rule. If the average of samples covering any consecutive four quarter period exceeds the MCL, the water system is in violation of the MCL and must notify the public as required by OAR 333-061-0042(2)(b)(A), in addition to reporting to the Authority as required by OAR 333-061-0040. If a water system fails to complete 12 consecutive months monitoring, compliance with the MCL for the last four quarter compliance period must be based on an average of the available data.

(r) Compliance requirements for Chlorite. Compliance must be based on an arithmetic average of each three sample set taken in the distribution system as required by subparagraph (4)(k)(A)(ii) of this rule and paragraph (4)(k)(B) of this rule. If the arithmetic average of any three sample set exceeds the MCL, the water system is in violation of the MCL and must notify the public as required by OAR 333-061-0042(2)(b)(A), in addition to reporting to the Authority as required by OAR 333-061-0040.

(s) Compliance requirements for chlorine and chloramines.

(A) Compliance must be based on a running annual arithmetic average, computed quarterly, of monthly averages of all samples collected by the system as required by paragraph (4)(m)(A) of this rule. If the average covering any consecutive four quarter period exceeds the MRDL, the system is in violation of the MRDL and must notify the public as required by OAR 333-061-0042(2)(b)(A), in addition to reporting to the Authority as required by OAR 333-061-0040.

(B) In cases where water systems switch between the use of chlorine and chloramines for residual disinfection during the year, compliance must be determined by including together all monitoring results of both chlorine and chloramines in calculating compliance. Reports submitted as required by OAR 333-061-0040(1) must clearly indicate which residual disinfectant was analyzed for each sample.

(t) Compliance requirements for Chlorine dioxide.

(A) Acute violations. Compliance must be based on consecutive daily samples collected by the water system as required by paragraph (4)(m)(B) of this rule. If any daily sample taken at the entrance to the distribution system exceeds the MRDL, and on the following day one (or more) of the three samples taken in the distribution system exceed the MRDL, the water system is in violation of the MRDL and must take immediate corrective action to lower the level of chlorine dioxide below the MRDL and must notify the public pursuant to the procedures for acute health risks as required by OAR 333-061-0042(2)(a)(C) in addition to reporting to the Authority as required by OAR 333-061-0040. Failure to take samples in the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system will also be considered an MRDL violation and the water system must notify the public of the violation in accordance with the provisions for acute violations as required by OAR 333-061-0042(2)(a)(C) in addition to reporting to the Authority as required by OAR 333-061-0040.

(B) Non-acute violations. Compliance must be based on consecutive daily samples collected by the system as required by paragraph (4)(m)(B) of this rule. If any two consecutive daily samples taken at the entrance to the distribution system exceed the MRDL and all distribution system samples taken are below the MRDL, the water system is in violation of the MRDL and must take corrective action to lower the level of chlorine dioxide below the MRDL at the point of sampling and will notify the public pursuant to the procedures for non-acute health risks specified by OAR 333-061-0042(2)(b)(A), in addition to reporting to the Authority as required by OAR 333-061-0040. Failure to monitor at the entrance to the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system is also an MRDL violation and the water system must notify the public of the violation in accordance with the provisions for non-acute violations specified by OAR 333-061-0042(2)(b)(A) in addition to reporting to the Authority as required by OAR 333-061-0040.

(u) Compliance requirements for disinfection byproduct precursors (DBPP). Compliance must be determined as specified by OAR 333-061-0032(10)(f). Water systems may begin monitoring to determine whether Step 1 TOC removals can be met 12 months prior to the compliance date for the system. This monitoring is not required and failure to monitor during this period is not a violation. However, any water system that does not monitor during this period, and then determines in the first 12 months after the compliance date that it is not able to meet the Step 1 requirements as specified in OAR 333-061-0032(10)(e)(B) and must therefore apply for alternate minimum TOC removal (Step 2) requirements, is not eligible for retroactive approval of alternate minimum TOC removal (Step 2) requirements as allowed by OAR 333-061-0032(10)(e)(C) and is in violation. Water systems may apply for alternate minimum TOC removal (Step 2) requirements any time after the compliance date. For systems required to meet step 1 TOC removals, if the value calculated under OAR 333-061-0032(10)(f)(A)(iv) is less than 1.00, the system is in violation of the treatment technique requirements and must notify the public pursuant to OAR 333-061-0042(2)(b)(A), in addition to reporting to the Authority pursuant to OAR 333-061-0040.

(5) Surface Water Treatment.

(a) A public water system that uses a surface water source or a groundwater source under the direct influence of surface water that does not provide filtration treatment must monitor water quality as specified in this subsection beginning January 1, 1991 for systems using a surface water source and January 1, 1991 or 6 months after the Authority has identified a source as being under the direct influence of surface water for groundwater sources, whichever is later.

(A) Fecal coliform or total coliform density measurements as required by OAR 333-061-0032(2)(b)(A) must be performed on representative source water samples immediately prior to the first or only point of disinfectant application. The system must sample for fecal or total coliforms at the minimum frequency shown in Table 25 each week the system serves water to the public. These samples must be collected on separate days. Also one fecal or total coliform density measurement must be made every day the system serves water to the public when the turbidity of the source water exceeds 1 NTU (these samples count towards the weekly coliform sampling requirement) unless the Authority determines that the system, for logistical reasons outside of its control, cannot have the sample analyzed within 30 hours of collection. [Table not included. See ED. NOTE.]

(B) Turbidity measurements as required by OAR 333-061-0030(3)(a) must be performed on representative grab samples of source water immediately prior to the first or only point of disinfectant application every four hours (or more frequently) that the system serves water to the public. A public water system may substitute continuous turbidity monitoring for grab sample monitoring if it validates the continuous measurement for accuracy on a regular basis using a protocol approved by the Authority. Systems using continuous turbidity monitoring must report the turbidity data to the Authority in the same manner that grab sample results are reported. The Authority will furnish report forms upon request.

(C) The total inactivation ratio for each day that the system is in operation must be determined based on the CT99.9 values in Tables 26 through 33. The parameters necessary to determine the total inactivation ratio must be monitored as follows: [Table not included. See ED. NOTE.]

(i) The temperature of the disinfected water must be measured at least once per day at each residual disinfectant concentration sampling point.

(ii) If the system uses chlorine, the pH of the disinfected water must be measured at least once per day at each chlorine residual disinfectant concentration sampling point.

(iii) The disinfectant contact time(s) (“T”) in minutes must be determined for each day during peak hourly flow.

(iv) The residual disinfectant concentration(s) (“C”) in mg/l before or at the first customer must be measured each day during peak hourly flow.

(v) If a system uses a disinfectant other than chlorine or UV, the system may demonstrate to the Authority, through the use of protocol approved by the Authority for on-site disinfection challenge studies or other information satisfactory to the Authority, that CT99.9 values other than those specified in the Tables 32 and 33 or other operational parameters are adequate to demonstrate that the system is achieving the minimum inactivation rates required by OAR 333-061-0032(3)(a). [Table not included. See ED. NOTE.]

(D) The total inactivation ratio must be calculated as follows:

(i) If the system uses only one point of disinfectant application, the system may determine the total inactivation ratio based on either of the following two methods:

(I) One inactivation ratio (CTcalc/CTrequired) is determined before or at the first customer during peak hourly flow and if the CTcalc/CTrequired is greater than or equal to 1.0, the Giardia lamblia inactivation requirement has been achieved; or

(II) Successive CTcalc/CTrequired values representing sequential inactivation ratios, are determined between the point of disinfection application and a point before or at the first customer during peak hourly flow. Under this alternative, the following method must be used to calculate the total inactivation ratio: Step 1: Determine CTcalc/CTrequired for each sequence Step 2: Add the CTcalc/CTrequired values together Step 3:If (CTcalc/CTrequired) is greater than or equal to 1.0, the Giardia lamblia inactivation requirement has been achieved.

(ii) If the system uses more than one point of disinfectant application before or at the first customer, the system must determine the CT value of each disinfection sequence immediately prior to the next point of disinfectant application during peak hourly flow. The CTcalc/CTrequired value of each sequence and CTcalc/CTrequired must be calculated using the methods in subparagraph (5)(a)(D)(i)(II) of this rule to determine if the system is in compliance with OAR 333-061-0032(3)(a) or (5)(a).

(E) The residual disinfectant concentration of the water entering the distribution system must be monitored continuously, and the lowest value must be recorded each day. If there is a failure in the continuous monitoring equipment, grab sampling every 4 hours may be conducted in lieu of continuous monitoring, but for no more than 5 working days following the failure of the equipment, and systems serving 3,300 or fewer persons may take grab samples in lieu of providing continuous monitoring on an ongoing basis at the frequencies prescribed in Table 34. The day’s samples cannot be taken at the same time. The sampling intervals are subject to Authority review and approval. If at any time the residual disinfectant concentration falls below 0.2 mg/l in a system using grab sampling in lieu of continuous monitoring, the system must take a grab sample every 4 hours until the residual disinfectant concentration is $0.2 mg/l. [Table not included. See ED. NOTE.]

(F) The residual disinfectant concentration must be measured at least at the same points in the distribution system and at the same time as total coliforms are sampled, as specified in section (5) of this rule, except that the Authority may allow a public water system which uses both a surface water source or a groundwater source under the direct influence of surface water, and a groundwater source, to take disinfectant residual samples at points other than the total coliform sampling points if the Authority determines that such points are more representative of treated (disinfected) water quality within the distribution system.

(b) A public water system that uses a surface water source or a groundwater source under the direct influence of surface water that does provide filtration treatment must monitor water quality as specified in this subsection when filtration treatment is installed.

(A) Turbidity measurements as required by section OAR 333-061-0032(4) must be performed on representative samples of the system’s filtered water, measured prior to any storage, every four hours (or more frequently) that the system serves water to the public. A public water system may substitute continuous turbidity monitoring for grab sample monitoring if it validates the continuous measurement for accuracy on a regular basis using a protocol approved by the Authority. Calibration of all turbidimeters must be performed according to manufacturer’s specifications, but no less frequently than quarterly. For any systems using slow sand filtration or filtration treatment other than conventional treatment, direct filtration, or diatomaceous earth filtration, the Authority may reduce the sampling frequency to once per day if it determines that less frequent monitoring is sufficient to indicate effective filtration performance. Systems using lime softening may acidify representative samples prior to analysis using a method approved by the Authority.

(B) The actual CT value achieved must be calculated each day the treatment plant is in operation. The parameters necessary to determine the actual CT value must be monitored as follows:

(i) The temperature of the disinfected water must be measured at least once per day at each residual disinfectant concentration sampling point as prescribed in subparagraph (5)(b)(B)(iv) of this rule.

(ii) If the system uses chlorine, the pH of the disinfected water must be measured at least once per day at each chlorine residual disinfectant concentration sampling point.

(iii) The disinfectant contact time(s) (“T”) in minutes must be determined for each day during peak hourly flow, based on results of a tracer study conducted according to OAR 333-061-0050(6)(a)(R), or other method approved by the Authority.

(iv) The residual disinfectant concentration(s) (“C”) in mg/l before or at the first customer must be measured each day during peak hourly flow.

(v) If a system uses a disinfectant other than chlorine, the system may demonstrate to the Authority, through the use of protocol approved by the Authority for on-site disinfection challenge studies or other information satisfactory to the Authority, or other operational parameters are adequate to demonstrate that the system is achieving the minimum inactivation rates required by OAR 333-061-0032(5)(a).

(C) The inactivation ratio calculations as prescribed in paragraph (5)(a)(D) of this rule.

(D) Monitoring for the residual disinfectant concentration entering the distribution system shall be performed as prescribed in paragraph (5)(a)(E) of this rule.

(E) Monitoring for the residual disinfectant concentration in the distribution system shall be performed as prescribed in paragraph (5)(a)(F) of this rule.

(F) Water systems using membrane filtration must perform direct integrity testing on each filter canister at least daily, per OAR 333-061-0036(5)(d)(B).

(c) Inactivation credit for water systems using a disinfectant other than chlorine for pathogen inactivation.

(A) Calculation of CT values.

(i) CT is the product of the disinfectant concentration (C, in milligrams per liter) and actual disinfectant contact time (T, in minutes). Systems with treatment credit for chlorine dioxide or ozone as prescribed by paragraphs (5)(c)(B) or (C) of this rule must calculate CT at least once per day, with both C and T measured during peak hourly flow as specified in paragraph (5)(b)(B) of this rule.

(ii) Systems with several disinfection segments in sequence must calculate CT for each segment where treatment credit is sought, where a disinfection segment is defined as a treatment unit process with a measurable disinfectant residual level and a liquid volume. If using this approach, water systems must add the Cryptosporidium CT values in each segment to determine the total CT for the treatment plant.

(B) CT values for chlorine dioxide and ozone.

(i) Systems receive the Cryptosporidium treatment credit listed in Table 35 by meeting the corresponding chlorine dioxide CT value for the applicable water temperature, as described in paragraph (5)(c)(A) of this rule. [Table not included. See ED. NOTE.]

(ii) Systems receive the Cryptosporidium treatment credit listed in Table 36 by meeting the corresponding ozone CT values for the applicable water temperature, as described in paragraph (5)(c)(A) of this rule. [Table not included. See ED. NOTE.]

(C) Site-specific study. The Authority may approve alternative chlorine dioxide or ozone CT values to those listed in Table 35 or Table 36 on a site-specific basis. The Authority must base this approval on a site-specific study conducted by a water system that follows a Authority-approved protocol. [Table not included. See ED. NOTE.]

(D) Ultraviolet light. Systems receive Cryptosporidium, Giardia lamblia, and virus treatment credits for ultraviolet light (UV) reactors by achieving the corresponding UV dose values shown in subparagraph (5)(c)(D)(i) of this rule. Systems must validate and monitor UV reactors as described in OAR 333-061-0050(5)(k) and subparagraphs (5)(c)(D)(ii) and (iii) of this rule to demonstrate that they are achieving a particular UV dose value for treatment credit.

(i) UV dose table. The treatment credits listed in this table are for UV light at a wavelength of 254 nm as produced by a low pressure mercury vapor lamp. To receive treatment credit for other lamp types, systems must demonstrate an equivalent germicidal dose through reactor validation testing as specified in OAR 333-061-0050(5)(k). The UV dose values in Table 37 are applicable to post-filter applications of UV in filtered water systems, unfiltered water systems, and groundwater systems required to disinfect as prescribed by OAR 333-061-0032(6)(j). [Table not included. See ED. NOTE.]

(ii) Reactor monitoring. Systems must monitor their UV reactors to determine if the reactors are operating within validated conditions, as prescribed by OAR 333-061-0050(5)(k). This monitoring must include UV intensity as measured by a UV sensor, flow rate, lamp status, and other parameters the Authority designates based on UV reactor operation. Water systems must verify the calibration of UV sensors at least monthly, and must recalibrate sensors in accordance with the EPA UV Disinfection Guidance Manual as necessary.

(iii) Water systems must monitor the percentage of water delivered to the public that was treated within validated conditions for the required UV dose. If less than 95 percent of water delivered was within validated conditions, Tier 2 public notice must be issued as prescribed by OAR 333-061-0042(3)(b).

(d) Requirements for individual filter effluent turbidity monitoring

(A) In addition to subsection (5)(b) of this rule, water systems using surface water or groundwater under the direct influence of surface water where treatment includes conventional filtration treatment or direct filtration treatment must conduct continuous turbidity monitoring for each individual filter and must calibrate turbidimeters using the procedure specified by the manufacturer. Individual filter monitoring results must be recorded every 15 minutes. If there is a failure in the continuous turbidity monitoring equipment, the water system must conduct grab sampling every four hours in lieu of continuous monitoring until the turbidimeter is repaired and back on-line. The water system serving at least 10,000 people has a maximum of five working days after failure to repair the equipment or the water system is in violation. The water system serving less than 10,000 people has a maximum of 14 days to resume continuous monitoring before a violation is incurred. If the water system’s conventional or direct filtration treatment plant consists of two or fewer filters, continuous monitoring of the combined filter effluent turbidity may be substituted for continuous monitoring of individual filter effluent turbidity. For systems serving less than 10,000 people, the recording and calibration requirements that apply to individual filters also apply when continuous monitoring of the combined filter effluent turbidity is substituted for the continuous monitoring of individual filter effluent turbidity;

(B) Direct integrity testing for membrane filtration. Water systems must conduct direct integrity testing in a manner that demonstrates a removal efficiency equal to or greater than the removal credit awarded to the membrane filtration process, and that meets the requirements described in this paragraph. A direct integrity test is defined as a physical test applied to a membrane unit in order to identify and isolate integrity breaches (i.e., one or more leaks that could result in contamination of the filtrate).

(i) The direct integrity test must be independently applied to each membrane unit in service. A membrane unit is defined as a group of membrane modules that share common valving that allows the unit to be isolated from the rest of the water system for the purpose of integrity testing or other maintenance.

(ii) The direct integrity method must have a resolution of three micrometers or less, where resolution is defined as the size of the smallest integrity breach that contributes to a response from the direct integrity test.

(iii) The direct integrity test must have a sensitivity sufficient to verify the log treatment credit awarded to the membrane filtration process by the Authority, where sensitivity is defined as the maximum log removal value that can be reliably verified by a direct integrity test. Sensitivity must be determined using the approach in either subparagraphs (5)(d)(B)(iii)(I) or (II) of this rule as applicable to the type of direct integrity test the system uses.

(I) For direct integrity tests that use an applied pressure or vacuum, the direct integrity test sensitivity must be calculated according to the following equation:

LRVDIT = LOG10 (Qp /(VCF x Qbreach))

Where:

LRVDIT = the sensitivity of the direct integrity test;

Qp = total design filtrate flow from the membrane unit;

Qbreach = flow of water from an integrity breach associated with the smallest integrity test response that can be reliably measured; and

VCF = volumetric concentration factor. The volumetric concentration factor is the ratio of the suspended solids concentration on the high pressure side of the membrane relative to that in the feed water.

(II) For direct integrity tests that use a particulate or molecular marker, the direct integrity test sensitivity must be calculated according to the following equation:

LRVDIT = LOG10(Cf)-LOG10(Cp)

Where:

LRVDIT = the sensitivity of the direct integrity test;

Cf = the typical feed concentration of the marker used in the test; and

Cp = the filtrate concentration of the marker from an integral membrane unit.

(iv) Water systems must establish a control limit within the sensitivity limits of the direct integrity test that is indicative of an integral membrane unit capable of meeting the removal credit awarded by the Authority.

(v) If the result of a direct integrity test exceeds the control limit established under subparagraph (5)(d)(B)(iv) of this rule, the water system must remove the membrane unit from service. Water systems must conduct a direct integrity test to verify any repairs, and may return the membrane unit to service only if the direct integrity test is within the established control limit.

(vi) Water systems must conduct direct integrity testing on each membrane unit at a frequency of not less than once each day that the membrane unit is in operation. The Authority may approve less frequent testing, based on demonstrated process reliability, the use of multiple barriers effective for Cryptosporidium, or reliable process safeguards.

(C) Indirect integrity monitoring for membrane filtration. Water systems must conduct continuous indirect integrity monitoring on each membrane unit according to the criteria specified in this paragraph. Indirect integrity monitoring is defined as monitoring some aspect of filtrate water quality that is indicative of the removal of particulate matter. A water system that implements continuous direct integrity testing of membrane units in accordance with the criteria specified in subparagraphs (5)(d)(B)(i) through (v) of this rule is not subject to the requirements for continuous indirect integrity monitoring. Water systems must submit a monthly report to the Authority summarizing all continuous indirect integrity monitoring results triggering direct integrity testing and the corrective action that was taken in each case.

(i) Unless the Authority approves an alternative parameter, continuous indirect integrity monitoring must include continuous filtrate turbidity monitoring.

(ii) Continuous monitoring must be conducted at a frequency of no less than once every 15 minutes.

(iii) Continuous monitoring must be separately conducted on each membrane unit.

(iv) If indirect integrity monitoring includes turbidity and the filtrate turbidity readings are above 0.15 NTU for a period greater than 15 minutes (i.e., two consecutive 15-minute readings above 0.15 NTU), direct integrity testing in accordance with subparagraphs (5)(d)(B)(i) through (v) of this rule must immediately be performed on the associated membrane unit.

(v) If indirect integrity monitoring includes a Authority-approved alternative parameter and if the alternative parameter exceeds a Authority-approved control limit for a period greater than 15 minutes, direct integrity testing in accordance with subparagraphs (5)(d)(B)(i) through (v) of this rule must immediately be performed on the associated membrane unit.

(e) Source water monitoring. Wholesale water systems, as defined in OAR 333-061-0020(221), must comply with the requirements of this rule based on the population of the largest water system in the combined distribution system. Water systems required to provide filtration treatment must comply with the requirements of this rule whether or not the water system is currently operating filtration treatment. The requirements of this rule for unfiltered water systems only apply to those water systems that met and continue to meet the requirements of OAR 333-061-0032(2) and (3).

(A) Initial round. Water systems must conduct monitoring as prescribed by this paragraph, and following the schedule specified in paragraph (5)(e)(C) of this rule, unless the system meets the monitoring exemption criteria specified in paragraph (5)(e)(D) of this rule.

(i) Filtered water systems serving at least 10,000 people must sample their source water for Cryptosporidium, E. coli, and turbidity at least monthly for 24 months.

(ii) Unfiltered water systems serving at least 10,000 people must sample their source water for Cryptosporidium at least monthly for 24 months.

(iii) Filtered water systems serving less than 10,000 people must sample their source water for E. coli at least once every two weeks for 12 months.

(I) Filtered water systems serving fewer than 10,000 people may avoid E. coli monitoring if the system monitors for Cryptosporidium as prescribed in subparagraph (5)(e)(A)(iv) of this rule. The water system must notify the Authority no later than three months prior to the date the system is otherwise required to start E. coli monitoring under paragraph (5)(e)(C) of this rule.

(iv) Filtered water systems serving fewer than 10,000 people must sample their source water for Cryptosporidium at least twice per month for 12 months or at least monthly for 24 months if they meet one of the following, based on monitoring conducted in accordance with subparagraph (5)(e)(A)(iii) of this rule:

(I) The annual mean E. coli concentration, in the surface water source, is greater than 100 E. coli/100 mL;

(II) The water system does not conduct E. coli monitoring as described in subparagraph (5)(e)(A)(iii) of this rule; or

(III) Water systems using groundwater under the direct influence of surface water must comply with the requirements of this paragraph based on the E. coli level specified in subparagraph (5)(e)(A)(iv)(I) of this rule.

(v) Unfiltered water systems serving fewer than 10,000 people must sample their source water for Cryptosporidium at least twice per month for 12 months or at least monthly for 24 months.

(vi) Water systems may sample more frequently than required under this section if the sampling frequency is evenly spaced throughout the monitoring period.

(vii) The Authority may approve monitoring for an indicator other than E. coli to comply with the monitoring prescribed by subparagraph (5)(e)(A)(iii) of this rule for filtered water systems serving fewer than 10,000 people. The Authority may approve an alternative to the E. coli concentrations that trigger Cryptosporidium monitoring as specified in subparagraphs (5)(e)(A)(iv)(I) and (III) of this rule. The Authority’s approval to the system will be in writing and will include the basis for the Authority’s determination that the alternative indicator or trigger level will provide a more accurate identification of whether a water system will exceed the Bin 1 Cryptosporidium level specified in Table 9 in OAR 333-061-0032(4)(f)(F). [Table not included. See ED. NOTE.]

(B) Water systems must conduct a second round of source water monitoring that meets the requirements for monitoring parameters, frequency, and duration described in paragraph (5)(e)(A) of this rule, and according to the schedule in paragraph (5)(e)(C) of this rule, unless they meet the monitoring exemption criteria specified in paragraph (5)(e)(D) of this rule.

(C) Monitoring schedule. Systems must begin monitoring as required in paragraphs (5)(e)(A) and (B) of this rule no later than the month beginning with the date listed in Table 38. [Table not included. See ED. NOTE.]

(D) Monitoring avoidance.

(i) Filtered water systems are not required to conduct source water monitoring as prescribed by this subsection if the system will provide a total of at least 5.5-log of treatment for Cryptosporidium, equivalent to meeting the treatment requirements of Bin 4 in OAR 333-061-0032(4)(g) and 333-061-0032(13) through (18).

(ii) Unfiltered water systems are not required to conduct source water monitoring as prescribed by this subsection if the system will provide a total of at least 3-log Cryptosporidium inactivation, equivalent to meeting the treatment requirements for unfiltered systems with a mean Cryptosporidium concentration of greater than 0.01 oocysts/L in OAR 333-061-0032(3)(e).

(iii) If a water system chooses to provide the level of treatment specified in subparagraph (5)(e)(D)(i) or (ii) of this rule, rather than conducting source water monitoring, the water system must notify the Authority in writing no later than the date the system is otherwise required to submit a sampling schedule for monitoring as prescribed by OAR 333-061-0036(5)(f)(A). A water system may choose to cease source water monitoring at any point after it has initiated monitoring if it notifies the Authority in writing that it will provide this level of treatment. Water systems must install and operate technologies to provide this level of treatment by the applicable treatment compliance date in OAR 333-061-0032(1)(a)(F).

(E) Seasonal plants. Systems with surface water or GWUDI treatment plants that operate for only part of the year must conduct source water monitoring in accordance with this subsection, but with the following modifications:

(i) Water systems must sample their source water only during the months that the plant is in use unless the Authority specifies another monitoring period based on plant operating practices.

(ii) Water systems with treatment plants that operate less than six months per year, and that monitor for Cryptosporidium, must collect at least six Cryptosporidium samples per year for two years of monitoring. Samples must be evenly spaced throughout the period the plant operates.

(F) New sources. A water system that begins using a new source of surface water or GWUDI after the system is required to begin monitoring as prescribed in paragraph (5)(e)(C) of this rule must monitor the new source on a schedule the Authority approves. Source water monitoring must meet the requirements of this subsection, and the water system must also meet the bin classification and Cryptosporidium treatment requirements of OAR 333-061-0032 for the new source on a schedule the Authority approves.

(i) This applies to water systems using surface water or GWUDI sources that begin operation after the monitoring start date applicable to the system’s size specified in Table 38. [Table not included. See ED. NOTE.]

(ii) The water system must begin a second round of source water monitoring no later than six years following determination of the mean Cryptosporidium level or initial bin classification as prescribed by OAR 333-061-0032(2) or (4) respectively, as applicable.

(G) Failure to collect any source water sample in accordance with the sampling requirements, schedule, sampling location, analytical method, approved laboratory, and reporting requirements of this section is a monitoring violation.

(H) Grandfathering monitoring data. Systems may use monitoring data collected prior to the applicable monitoring start date in paragraph (5)(e)(C) of this rule to meet the initial source water monitoring requirements in paragraph (5)(e)(A) of this rule. Grandfathered data may substitute for an equivalent number of months at the end of the monitoring period. All data submitted under this paragraph must meet the requirements in subsection (5)(h) of this rule.

(f) Source water sampling schedules.

(A) Water systems required to conduct source water monitoring as prescribed in subsection (5)(e) of this rule must submit a sampling schedule that specifies the calendar dates when the system will collect each required sample.

(i) Water systems must submit sampling schedules to the Authority, no later than three months prior to the applicable date listed in paragraph (5)(e)(C) of this rule, for each round of required monitoring.

(ii) If the Authority does not respond to a water system regarding its sampling schedule, the system must sample at the reported schedule.

(B) Water systems must collect samples within a five-day period, starting two days before the scheduled sampling date and ending two days after. The five-day period applies to each of the dates indicated in the sampling schedule unless one of the following conditions applies:

(i) An extreme condition or situation exists that may pose danger to the sample collector or that cannot be avoided, and that prevents the water system from sampling in the scheduled five-day period. In this case, the water system must sample as close to the scheduled date as possible unless the Authority approves an alternative sampling date. The water system must submit an explanation for the delayed sampling date to the Authority concurrent with the submittal of the sample to the laboratory; or

(ii) A water system is unable to report a valid analytical result for the scheduled sampling date due to equipment failure, loss of or damage to the sample, failure to comply with the analytical method requirements (including the quality control requirements), or the failure of an approved laboratory to analyze the sample.

(I) In this case the water system must collect a replacement sample as prescribed in subparagraph (5)(f)(B)(ii)(II) of this rule.

(II) The system must collect the replacement sample not later than 21 days after receiving information that an analytical result cannot be reported for the scheduled date unless the water system demonstrates that collecting a replacement sample within this time frame is not feasible or the Authority approves an alternative re-sampling date. The system must submit an explanation for the delayed sampling date to the Authority concurrent with the submittal of the sample to the laboratory.

(iii) Water systems that fail to meet the criteria of paragraph (5)(f)(B) of this rule for any required source water sample must revise their sampling schedules to add dates for collecting all missed samples. Water systems must submit the revised sampling schedule to the Authority for approval prior to beginning collecting the missed samples.

(g) Source water sampling locations.

(A) Water systems required to conduct source water monitoring as prescribed in subsection (5)(e) of this rule must collect samples for each plant that treats a surface water or GWUDI source. Where multiple plants draw water from the same influent, such as the same pipe or intake, the Authority may approve one set of monitoring results to be used to satisfy the requirements for all treatment plants.

(B) Water systems must collect source water samples prior to chemical treatment, such as coagulants, oxidants and disinfectants, unless the system meets the following condition:

(i) The Authority may approve a water system to collect a source water sample after chemical treatment if the Authority determines that collecting a sample prior to chemical treatment is not feasible for the system and that the chemical treatment is unlikely to have a significant adverse effect on the analysis of the sample.

(C) Water systems that recycle filter backwash water must collect source water samples prior to the point of filter backwash water addition.

(D) Bank filtration.

(i) Water systems that receive Cryptosporidium treatment credit for bank filtration as an alternate filtration technology as specified by OAR 333-061-0032(9) must collect source water samples in the surface water source prior to bank filtration.

(ii) Water systems that use bank filtration as pretreatment to a filtration plant must collect source water samples from the well, after bank filtration. Use of bank filtration during monitoring must be consistent with routine operational practice. Water systems collecting samples after a bank filtration process may not receive treatment credit for the bank filtration prescribed by OAR 333-061-0032(9).

(E) Multiple sources. Water systems with treatment plants that use multiple water sources, including multiple surface water sources and blended surface water and groundwater sources, must collect samples as specified in subparagraph (5)(g)(E)(i) or (ii) of this rule. The use of multiple sources during monitoring must be consistent with routine operational practice.

(i) If a sampling tap is available where the sources are combined prior to treatment, water systems must collect samples from this tap.

(ii) If a sampling tap where the sources are combined prior to treatment is not available, systems must collect samples at each source near the intake on the same day and must comply with either subparagraph (5)(g)(E)(ii)(I) or (II) below for sample analysis.

(I) Water systems may composite samples from each source into one sample prior to analysis. The volume of sample from each source must be weighted according to the proportion of the source in the total plant flow at the time the sample is collected.

(II) Water systems may analyze samples from each source separately and calculate a weighted average of the analysis results for each sampling date. The weighted average must be calculated by multiplying the analysis result for each source by the fraction the source contributed to total plant flow at the time the sample was collected and then adding these values.

(F) Additional requirements. Water systems must submit a description of their sampling location(s) to the Authority at the same time as the sampling schedule required under subsection (5)(f) of this rule. This description must address the position of the sampling location in relation to the system’s water source(s) and treatment processes, including pretreatment, points of chemical treatment, and filter backwash recycle. If the Authority does not respond to a water system regarding sampling location(s), the system must sample at the reported location(s).

(h) Grandfathering previously collected data.

(A) Water systems may comply with the initial source water monitoring requirements of paragraph (5)(e)(A) of this rule by grandfathering sample results collected before the system is required to begin monitoring. To be grandfathered, the sample results and analysis must meet the criteria in this section and the Authority must approve the previously sampled data.

(i) A filtered water system may grandfather Cryptosporidium samples to meet the monitoring requirements of paragraph (5)(e)(A) of this rule when the system does not have corresponding E. coli and turbidity samples.

(ii) A water system that grandfathers Cryptosporidium samples is not required to collect the E. coli and turbidity samples when the system completes the requirements for Cryptosporidium monitoring under paragraph (5)(e)(A) of this rule.

(B) The analysis of grandfathered E. coli and Cryptosporidium samples must meet the analytical method and approved laboratory requirements of subsections (1)(a) and (1)(c) of this rule.

(C) The sampling location of grandfathered samples must meet the conditions specified in subsection (5)(g) of this rule.

(D) Grandfathered Cryptosporidium samples must have been collected no less frequently than each calendar month on a regular schedule, and no earlier than January 1999. Sample collection intervals may vary for the conditions specified in subparagraph (5)(f)(B)(i) through (ii) of this rule if the system provides documentation of the condition when reporting monitoring results.

(i) The Authority may approve grandfathering of previously collected data where there are time gaps in the sampling frequency if the water system conducts additional monitoring as specified by the Authority to ensure that the data used to comply with the initial source water monitoring requirements of paragraph (5)(e)(A) of this rule are seasonally representative and unbiased.

(ii) Water systems may grandfather previously collected data where the sampling frequency within each month varied. If the Cryptosporidium sampling frequency varied, water systems must follow the monthly averaging procedure in OAR 333-061-0032(2)(d)(B) or (4)(f)(E) as applicable, when calculating the bin classification for filtered water systems or the mean Cryptosporidium concentration for unfiltered water systems.

(E) Reporting monitoring results for grandfathering. Water systems that request to grandfather previously collected monitoring results must report the following information by the applicable dates listed in this paragraph.

(i) Water systems must report that they intend to submit previously collected monitoring. This report must specify the number of previously collected results the system will submit, the dates of the first and last sample, and whether a system will conduct additional source water monitoring to meet the requirements of paragraph (5)(e)(A) of this rule. Water systems must report this information no later than the date the sampling schedule is required as prescribed by subsection (5)(f) of this rule.

(ii) Water systems must report previously collected monitoring results for grandfathering, along with the associated documentation listed in subparagraphs (5)(h)(E)(ii)(I) through (IV) of this rule, no later than two months after the applicable date listed in paragraph (5)(e)(C) of this rule.

(I) For each sample result, water systems must report the applicable data elements specified by OAR 333-061-0040(1)(m).

(II) Water systems must certify that the reported monitoring results include all results the system generated during the time period beginning with the first reported result and ending with the final reported result. This applies to samples that were collected from the sampling location specified for source water monitoring under this paragraph and analyzed in accordance with subsection (1)(a) of this rule.

(III) Water systems must certify that the samples were representative of a plant’s source water(s) and that the source water(s) have not changed. Water systems must report a description of the sampling location(s), which must address the position of the sampling location in relation to the system’s water source(s) and treatment processes, including points of chemical addition and filter backwash recycle.

(IV) For Cryptosporidium samples, the laboratory or laboratories that analyzed the samples must provide a letter certifying that the quality control criteria in accordance with subsection (1)(a) of this rule were met for each sample batch associated with the reported results. Alternatively, the laboratory may provide bench sheets and sample examination report forms for each field, matrix spike, IPR, OPR, and method blank sample associated with the reported results.

(F) If the Authority determines that a previously collected data set submitted for grandfathering was generated during source water conditions that were not normal for the system, such as a drought, the Authority may disapprove the data. Alternatively, the Authority may approve the previously collected data if the water system reports additional source water monitoring data, as determined by the Authority, to ensure that the data set used under OAR 333-061-0032(4)(f) or 0032(2)(d) represents average source water conditions for the system.

(G) If a water system submits previously collected data that fully meets the number of samples required for initial source water monitoring required by paragraph (5)(e)(A) of this rule, and some of the data is rejected due to not meeting the requirements of this subsection, systems must conduct additional monitoring to replace rejected data on a schedule the Authority approves. Water systems are not required to begin this additional monitoring until two months after notification that data has been rejected and that additional monitoring is necessary.

(6) Microbiological contaminants:

(a) Routine sampling for pathogens is not required but may be required by the Authority when specific evidence indicates the possible presence of such organisms.

(b) Samples shall be collected and analyzed for the purpose of determining compliance with the maximum contaminant levels for coliform bacteria as follows:

(A) Samples shall be collected from points which are representative of conditions, including impacts of multiple sources, within the distribution system at regular time intervals throughout the reporting period.

(B) The standard sample volume required for total coliform analysis, regardless of analytical method used, is 100 ml.

(C) Community water systems utilizing surface water, groundwater under the direct influence of surface water, or ground water sources must monitor at a frequency no less than set forth in Table 39. [Table not included. See ED. NOTE.]

(D) Non-Transient Non-Community, Transient Non-Community, and State Regulated water systems using surface water, or groundwater under the direct influence of surface water must monitor at a frequency no less than set forth in Table 39. Monitoring must begin at this frequency immediately for systems using surface water sources, or no later than 6 months after the Authority has determined that the groundwater source is under the direct influence of surface water when applicable. [Table not included. See ED. NOTE.]

(E) Non-Transient Non-Community and Transient Non-Community water systems utilizing groundwater sources, and serving more than 1000 persons per day, must monitor at a frequency no less than set forth in Table 39. [Table not included. See ED. NOTE.]

(F) For Non-Transient Non-Community and Transient Non-Community water systems utilizing ground water sources and serving 1000 persons or fewer per day, and State Regulated water systems using groundwater sources, the analyses shall be made in each calendar quarter during which water is provided to the public.

(G) Public water systems must collect total coliform samples at sites which are representative of water throughout the distribution system according to a written sampling site plan. The plan must include, at a minimum, a brief narrative of the water system components, a map of the distribution system showing the representative routine and repeat sampling sites, and sampling protocols. These plans must be approved by the Authority.

(H) Any public water system that uses surface water or groundwater under the direct influence of surface water and does not provide filtration treatment as defined by these rules must collect at least one sample at the first customer for each day the turbidity level of the source water measured as prescribed in OAR 333-061-0036(5)(a)(B) exceeds 1 NTU. This sample must be analyzed for the presence of total coliforms. When one or more turbidity measurements in any day exceed 1 NTU, the system must collect this coliform sample within 24 hours of the first exceedance or as early as possible the next business day, unless the Authority determines that the system cannot have the sample analyzed within 30 hour of collection due to logistical reasons outside the system’s control. Sample results from this coliform monitoring must be included in determining compliance with the microbiological MCL prescribed in OAR 333-061-0030(4).

(c) When a routine sample is total coliform-positive, a set of repeat samples must be collected within 24 hours of being notified of the positive results by the certified laboratory.

(A) Systems which collect more than one routine sample/month must collect at least three repeat samples for each total coliform-positive routine sample found.

(B) Systems which collect one routine sample/month or less must collect at least four repeat samples for each total coliform-positive sample found.

(d) The system must collect at least one repeat sample from the sampling tap where the original total coliform-positive sample was taken, and at least one repeat sample at a tap within five service connections upstream and at least one repeat sample at a tap within five service connections downstream of the original sampling site. If the original sampling site is at or near the end of the distribution system, the Authority may waive the requirement to collect at least one repeat sample upstream or downstream of the original sampling site. All repeat samples must be collected on the same day.

(e) Systems with a single service connection may be allowed by the Authority to collect the required set of repeat samples over a four-day period.

(f) The Authority may extend the 24-hour limit in subsection (6)(c) of this rule on a case-by-case basis if the system has a logistical problem in collecting the repeat samples within 24 hours that is beyond its control.

(g) Results of all routine and repeat samples not invalidated by the Authority must be included in determining compliance with the MCL for total coliforms required in OAR 333-061-0030(4).

(h) If one or more repeat samples in the set is total-coliform positive, the public water system must collect an additional set of repeat samples in the manner specified in subsections (6)(c), through (e) of this rule. The additional samples must be collected within 24 hours of being notified of the positive result, unless the Authority extends the limit as provided in subsection (6)(f) of this rule. The system must repeat this process until either total coliforms are not detected in one complete set of repeat samples or The Authority determines that the MCL for total coliforms in OAR 333-061-0030(4) has been exceeded. After a system collects a routine sample and before it learns the results of the analysis of that sample, if it collects another routine sample(s) from within five adjacent service connections of the initial sample, and the initial sample, after analysis, is found to contain total coliforms, then the system may count the subsequent sample(s) as a repeat sample instead of a routine sample.

(i) If a system collecting fewer than five routine samples/month has one or more total coliform-positive samples and the Authority does not invalidate the sample(s) under subsection (6)(k) of this rule, the system must collect at least five routine samples during the next month the system provides water to the public. The Authority may waive this requirement if:

(A) The Authority performs a site visit before the end of the next month the system provides water to the public and determines that additional monitoring and/or corrective action is not needed; or

(B) The Authority determines why the sample was total coliform-positive and establishes that the system has corrected the problem before the end of the next month the system serves water to the public. The Authority must document in writing this decision, have it approved and signed by the supervisor of the official who recommends such a decision, and make this document available to the public. The written documentation must describe the specific cause of the total coliform-positive sample and what action the system has taken and/or will take to correct this problem. The Authority cannot waive this requirement solely on the grounds that all repeat samples are total-coliform negative. Under this paragraph, a system must still take at least one routine sample before the end of the next month it serves water to the public and use it to determine compliance with the MCL for total coliforms required in OAR 333-061-0030(4) unless the Authority determines that the system has corrected the contamination problem before the system took the set of repeat samples required in subsections (6)(c) through (e) of this rule, and all repeat samples were total coliform negative.

(j) When the maximum microbiological contaminant level for total coliform is exceeded or when the maximum contaminant level for fecal coliform or fecal and total coliform is exceeded the water supplier shall report to the Authority as prescribed in OAR 333-061-0040 and notify the public as prescribed in OAR 333-061-0042(2)(b)(A) for total coliform and 333-061-0042(2)(a)(A) for fecal coliform/E. Coli. If the water system has failed to comply with a coliform monitoring requirement, including the sanitary survey requirement, the system must report to the Authority as prescribed in OAR 333-061-0040 and notify the public as prescribed in OAR 333-061-0042;

(k) The Authority may invalidate a total coliform-positive sample if:

(A) The laboratory establishes that improper sample analysis caused the total coliform-positive result; or

(B) The Authority determines that the total coliform-positive sample resulted from a domestic or other non-distribution system plumbing problem on the basis of the results of repeat samples collected as required by subsections (6)(c), through (e) of this rule. The Authority cannot invalidate a sample on the basis of repeat sample results unless all repeat sample(s) collected at the same tap as the original total coliform-positive sample are also total coliform-positive, and all repeat samples collected within five service connections of the original tap are total coliform-negative. (The Authority cannot invalidate a total coliform-positive sample on the basis of repeat samples if all the repeat samples are total coliform-negative, or if the public water system has only one service connection); or

(C) The Authority has substantial grounds to believe that a total coliform-positive result is due to a circumstance or condition which does not reflect water quality in the distribution system. In this case, the system must still collect all repeat samples required by subsections (6)(c) through (h) of this rule and use them to determine compliance with the microbiological MCL prescribed in OAR 333-061-0030(4). To invalidate a total coliform-positive sample under this paragraph, the decision with its rationale must be documented in writing, approved and signed by the supervisor of the Authority official who recommended the decision. The Authority must make this document available to the public. The written documentation must state the specific cause of the total coliform-positive sample and what action the system has taken, or will take, to correct this problem. The Authority may not invalidate a total coliform-positive sample solely on the grounds that all repeat samples are total coliform-negative.

(l) A certified laboratory must invalidate a total coliform sample (unless total coliforms are detected) if the sample produced a turbid culture in the absence of gas production using an analytical method where gas formation is examined (e.g., the Multiple-Tube Fermentation Technique), produces a turbid culture in the absence of an acid reaction in the Presence-Absence (P-A) Coliform Test, or exhibits confluent growth or produces colonies too numerous to count with an analytical method using a membrane filter (e.g., Membrane Filter Technique). If a certified laboratory invalidates a sample because of such interference, the system must collect another sample from the same location as the original sample within 24 hours of being notified of the interference problem, and have it analyzed for the presence of total coliforms. The system must continue to resample within 24 hours and have the samples analyzed until it obtains a valid result. The Authority may waive the 24-hour time limit on a case-by-case basis.

(m) Any total coliform-positive sample invalidated under subsections (6)(k) or (l) of this rule shall not count towards meeting the minimum monitoring requirements as prescribed in subsections (6)(a) through (e) of this rule.

(n) If any routine or repeat sample is total coliform-positive, the system must analyze that total coliform-positive culture medium to determine if fecal coliforms are present. The system may test for E. coli in lieu of fecal coliforms. If fecal coliforms or E. coli are present, the system must notify the Authority by the end of the day when the system is notified of the test result or, if the Authority office is closed, by the end of the next business day.

(o) The Authority may allow a water system to forgo testing for fecal coliform or E. coli on total coliform-positive samples as prescribed in subsection (6)(n) of this rule if the system assumes that the total coliform-positive sample is fecal coliform-positive or E. coli positive. The system must notify the Authority as specified in subsection (6)(n) of this rule and the provisions of OAR 333-061-0030(4) apply.

(p) Public water systems which do not collect five or more routine samples per month must undergo an initial sanitary survey by June 29, 1994 for Community water systems and June 29, 1999 for Non-Transient and Transient Non-Community water systems. Thereafter, systems must undergo another sanitary survey every five years, except that Non-Transient and Transient Non-Community water systems using only protected and disinfected groundwater as defined by the Authority, must undergo subsequent sanitary surveys at least every ten years after the initial survey. The Authority must review the results of each survey to determine whether the existing monitoring frequency is adequate and what additional measures, if any, the system needs to undertake to improve drinking water quality.

(q) Beginning on December 1, 2009, groundwater systems must conduct triggered source water monitoring if the conditions identified in paragraphs (6)(q)(A) and (6)(q)(B) of this rule exist.

(A) The groundwater system does not provide at least 4-log treatment of viruses before or at the first customer for each groundwater source; and

(B) The groundwater system is notified that a sample collected as prescribed in subsection (6)(b) of this rule is total coliform-positive and the sample is not invalidated as prescribed in subsection (6)(k) of this rule.

(r) If a groundwater system is notified, after November 30, 2009, that a sample collected in accordance with subsection (6)(b) of this rule is total coliform-positive, the water system must collect at least one source water sample, within 24 hours of the notification, from each groundwater source in use at the time the total coliform-positive sample was collected, except as provided in paragraph (6)(r)(B) of this rule.

(A) The Authority may extend the 24-hour time limit on a case-by-case basis if the water system cannot collect the groundwater source water sample within 24 hours due to circumstances beyond its control. In the case of an extension, the Authority must specify how much time the water system has to collect the sample.

(B) If approved by the Authority, water systems with more than one groundwater source may meet the requirements of subsection (6)(r) of this rule by sampling a representative groundwater source(s). If directed by the Authority, water systems must submit for the Authority’s approval a triggered source water monitoring plan that identifies one or more groundwater sources that the system intends to use for representative sampling as prescribed by this subsection, and that are representative of each monitoring site in the water system’s coliform sampling plan as prescribed by paragraph (6)(b)(G) of this rule.

(C) A groundwater system serving 1,000 people or less may use a repeat sample collected from a groundwater source to meet the requirements of subsections (6)(c) and (6)(r) of this rule for that groundwater source. If the repeat sample collected from the groundwater source is E. coli -positive, the system must comply with subsection (6)(s) of this rule.

(D) Any groundwater source sample required by this subsection must be collected at a location prior to any treatment of the groundwater source, unless the Authority approves an alternative sampling location. If the water system’s configuration does not allow for sampling at the groundwater source, the water system must collect a sample at a Authority-approved location representative of source water quality.

(s) Beginning on December 1, 2009, if the Authority does not require corrective action as prescribed by OAR 333-061-0032(6)(b) for an E. coli -positive source water sample collected in accordance with subsection (6)(r) of this rule and not invalidated as prescribed by subsection (6)(x) of this rule, the water system must collect five additional source water samples from the same groundwater source within 24 hours of being notified of the E. coli-positive sample.

(t) In addition to the other requirements of this rule, and beginning on December 1, 2009, a purchasing water system that has a total coliform-positive sample collected in accordance with subsection (6)(b) of this rule must notify the wholesale groundwater system(s) within 24 hours of being notified of the total coliform-positive sample.

(u) In addition to the other requirements of this rule, and beginning on December 1, 2009, a wholesale groundwater system must comply with this subsection.

(A) If a wholesale groundwater system receives notice from a purchasing water system it serves that a sample collected in accordance with subsection (6)(b) of this rule is total coliform-positive, it must collect a sample from its groundwater source(s) as prescribed in subsection (6)(r) of this rule and analyze it for the E. coli within 24 hours of being notified.

(B) If a sample collected in accordance with paragraph (A) of this subsection is E. coli-positive, the wholesale groundwater system must notify all purchasing water systems served by that groundwater source of the E. coli-positive source water sample within 24 hours of being notified of the positive sample result, and must also meet the requirements of subsection (6)(s) of this rule.

(v) A groundwater system is not required to comply with the source water monitoring requirements of subsections (6)(r) though (6)(u) of this rule if either of the following conditions exists:

(A) The Authority determines, and documents in writing, that the total coliform-positive sample collected in accordance with subsection (6)(b) of this rule is caused by a distribution system deficiency; or

(B) The total coliform-positive sample is collected at a location that meets Authority criteria for distribution system conditions that will cause total coliform-positive samples.

(w) Beginning on December 1, 2009, groundwater systems that use chlorine, ultraviolet light, or another oxidant for disinfection, but do not achieve 4-log inactivation of viruses, must conduct assessment monitoring of the groundwater source to determine the potential for viral contamination.

(A) Water systems monitoring in accordance with this subsection must:

(i) Collect at least one annual groundwater source sample; and

(ii) Collect samples from each groundwater source unless the water system obtains written approval from the Authority to conduct monitoring at one or more representative groundwater sources within the system that draw water from the same hydrogeologic setting.

(B) A groundwater system conducting source water assessment monitoring may use a sample collected in accordance with subsection (6)(r) of this rule or a sample collected for determination of Groundwater Under the Direct Influence of Surface Water in accordance with OAR 333-061-0032(8), to meet the requirements of this subsection.

(C) Additional Source Water Assessment Monitoring:

(i) Water Systems must conduct additional source water assessment monitoring if at least one of the following conditions occur. These conditions include, but are not limited to:

(I) At least one total coliform-positive sample in the groundwater source water;

(II) A groundwater source having been determined by the Authority to be susceptible to fecal contamination through a Source Water Assessment (or equivalent hydrogeologic assessment wherein susceptibility is defined as a result of a highly sensitive source due to aquifer characteristics, vadose zone characteristics, monitoring history, or well construction) and the presence of a fecal contaminant source within the two-year time-of-travel zone, outreach area, and/or zone one area;

(III) A source that draws water from an aquifer that the Authority has identified as being fecally contaminated; or

(IV) A determination by the source water assessment or equivalent hydrogeologic analysis that the groundwater source is highly sensitive, and that the source is located within an area that has a high density of Underground Injection Control Wells.

(ii) Additional source water assessment monitoring must comply with the following:

(I) Collection of 12 consecutive monthly groundwater source samples for water systems that operate year-round, or monthly samples that represent each month the water system provides groundwater to the public for water systems that operate seasonally;

(II) Collection of a standard sample volume of at least 100 mL for E. coli analysis regardless of the analytical method used;

(III) Analysis of all groundwater source samples, for the presence of E. coli, using an analytical method as prescribed by section (1) of this rule;

(IV) Collection of groundwater source samples at a location prior to any treatment unless the Authority approves a sampling location after treatment; and

(V) Collection of samples at the groundwater source, unless the water system’s configuration does not allow for raw water sampling and the Authority approves an alternate sampling location that is representative of the water quality of that groundwater source.

(D) The Authority may require a groundwater source to be re-evaluated as prescribed by this subsection if geologic conditions, source pumping conditions, or fecal contaminant source conditions change over time.

(x) A groundwater system may obtain Authority invalidation of a E. coli-positive groundwater source sample collected in accordance with subsection (6)(r) of this rule only under the following conditions:

(A) The water system provides the Authority with written notice from the laboratory that improper sample analysis occurred; or

(B) The Authority determines and documents in writing that there is substantial evidence that an E. coli -positive groundwater source sample is not related to source water quality.

(y) If the Authority invalidates an E. coli -positive groundwater source sample, the groundwater system must collect another source water sample as prescribed by subsection (6)(r) of this rule within 24 hours of being notified of the invalidation. The Authority may extend the 24-hour time limit on a case-by-case basis if the system cannot collect the source water sample within 24 hours due to circumstances beyond its control. In the case of an extension, the Authority must specify how much time the system has to collect the sample.

(z) The Authority may direct any groundwater system placing a new groundwater source into service after November 30, 2009 to conduct source water assessment monitoring as prescribed by subsection (6)(w) of this rule. Source water assessment monitoring, as prescribed by this subsection, must begin before the groundwater source is used to provide water to the public.

(aa) The Authority may require a groundwater system to provide any existing information that will enable the Authority to perform an assessment to determine whether the groundwater system obtains water from a hydrogeologically sensitive aquifer.

(7) Radionuclides:

(a) Gross alpha particle activity, Radium 226, Radium 228, and Uranium:

(A) Initial Monitoring. Community Water Systems without acceptable historical data, as defined below, must conduct initial monitoring to determine compliance with OAR 333-061-0030(5) by December 31, 2007.

(i) Samples must be collected from each entry point to the distribution system during 4 consecutive quarters before December 31, 2007 according to the following schedule:

Population — Begin initial monitoring - Complete initial monitoring by

300 or More — First quarter 2005 — Fourth quarter 2005

100-299 — First quarter 2006 — Fourth quarter 2006

Less than 100 — First quarter 2007 — Fourth quarter 2007

(ii) New systems or systems using a new source must conduct initial monitoring beginning the first quarter of operation, followed by three consecutive quarterly samples.

(iii) The Authority may waive the final two quarters of the initial monitoring at an entry point if the results of the samples from the first two quarters are below the method detection limit.

(iv) Grandparenting of historical data. A system may use monitoring data from each source or entry point collected between June 2000 and December 8, 2003 to satisfy the initial monitoring requirements.

(v) If the average of the initial monitoring results for a sampling point is above the MCL, the system must collect and analyze quarterly samples at the entry point until the system has results from four consecutive quarters that are at or below the MCL, unless the system enters into another schedule as part of a formal compliance agreement with the Authority.

(B) Reduced Monitoring. Radionuclide monitoring may be reduced to once every three years, once every six years, or once every nine years based on the following criteria:

(i) If the average of the initial monitoring result for each contaminant (gross alpha particle activity, radium-226, radium-228, and uranium) at a given entry point is below the detection limit, sampling for that contaminant may be reduced to once every nine years.

(ii) For gross alpha particle activity, combined radium 226 and radium 228, and uranium, if the average of the initial monitoring results is at or above the detection limit but at or below one-half the MCL, sampling for that contaminant may be reduced to once every six years.

(iii) For gross alpha particle activity, combined radium 226 and radium 228, and uranium, if the average of the initial monitoring results is above one-half the MCL but at or below the MCL, the system must collect one sample at that sampling point at least once every three years.

(iv) Systems must use the samples collected during the reduced monitoring period to determine the monitoring frequency for subsequent monitoring periods.

(v) If a system has a monitoring result that exceeds the MCL while on reduced monitoring, the system must collect and analyze quarterly samples at that entry point until the system has results from four consecutive quarters that are below the MCL, unless the system enters into another schedule as part of a formal compliance agreement with the Authority.

(C) Compositing of samples. A system may composite up to four consecutive quarterly samples from a single entry point if the analysis is done within a year of the first sample. If the analytical result from the composited sample is greater than one-half the MCL, the Authority may direct the system to take additional quarterly samples before allowing the system to sample under a reduced monitoring schedule.

(D) Substitution of results.

(i) A gross alpha particle activity measurement may be substituted for the required radium-226 measurement if the gross alpha particle activity does not exceed 5 pCi/L.

(ii) A gross alpha particle activity measurement may be substituted for the required uranium measurement if the gross alpha particle activity does not exceed 15 pCi/L.

(iii) The gross alpha measurement shall have a confidence interval of 95 percent (1.65 where one-half is the standard deviation of the net counting rate of the sample) for radium-226 and uranium.

(iv) When a system uses a gross alpha particle activity measurement in lieu of a radium-226 and/or uranium measurement, the gross alpha particle activity analytical result will be used to determine the future monitoring frequency for radium-226 and/or uranium. If the gross alpha particle activity result is less than detection, the method detection limit will be used to determine compliance and the future monitoring frequency.

(b) Beta particle and photon radioactivity:

(A) Community water systems designated by the Authority as “vulnerable” must sample for beta particle and photon radioactivity as follows. No waivers shall be granted:

(i) Initial samples must be collected by December 31, 2007.

(ii) Quarterly samples for beta emitters and annual samples for tritium and strontium-90 must be taken at each entry point to the distribution system. Systems already designated by the state must continue to sample until the state removes the designation.

(iii) If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity at a sample point has a running annual average less than or equal to 50 pCi/l, sampling for contaminants prescribed in subparagraph (7)(b)(A)(i) of this rule maybe reduced to once every three years.

(B) Community water systems designated by the Authority as “contaminated” by effluents from nuclear facilities and must sample for beta particle and photon radioactivity as follows. No waivers shall be granted.

(i) Systems must collect quarterly samples for beta emitters as detailed below and iodine-131 and annual samples for tritium and strontium-90 at each entry point to the distribution system. Sampling must continue until the Authority removes the designation.

(ii) Quarterly monitoring for gross beta particle activity is based on the analysis of monthly samples or the analysis of a composite of three monthly samples.

(iii) For iodine-131, a composite of five consecutive daily samples shall be analyzed once each quarter. More frequent monitoring may be required if iodine-131 is detected.

(iv) Annual monitoring for strontium-90 and tritium shall be conducted by means of the analysis of a composite of four consecutive quarterly samples or analysis of four quarterly samples.

(v) If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity at an entry point has a running annual average less than or equal to 15 pCi/l, the Authority may reduce the frequency of monitoring for contaminants prescribed in subparagraph (7)(b)(B)(i) of this rule at that entry point to every three years.

(C) For systems in the vicinity of a nuclear facility, the Authority may allow the substitution of appropriate environmental surveillance data taken in conjunction with operation of a nuclear facility for direct monitoring of man-made radioactivity by the water supplier where such data is applicable to a particular Community water system. In the event of a release, monitoring must be done at the water system’s entry points.

(D) Systems may analyze for naturally occurring potassium-40 beta particle activity from the same or equivalent sample used for the gross beta particle activity analysis. Systems are allowed to subtract the potassium-40 beta particle activity value from the total gross beta particle activity value to determine if the screening level is exceeded. The potassium-40 beta particle activity must be calculated by multiplying elemental potassium concentrations (in mg/l) by a factor of 0.82.

(E) If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity exceeds the screening level, an analysis of the sample must be performed to identify the major radioactive constituents present in the sample and the appropriate doses must be calculated and summed to determine compliance with OAR 333-061-0030(5). Doses must also be calculated and combined for measured levels of tritium and strontium to determine compliance.

(F) Systems must monitor monthly at the entry point(s) which exceed the MCL listed in OAR 333-061-0030(5) beginning the month after the exceedance occurs. Systems must continue monthly monitoring until the system has established, by a rolling average of three monthly samples, that the MCL is being met. Systems who establish that the MCL is being met must return to quarterly monitoring until they meet the requirements set forth in subparagraph (7)(b)(A)(ii) or (7)(b)(B)(v) of this rule.

(c) General monitoring and compliance requirements for radionuclides.

(A) The Authority may require more frequent monitoring than specified in subsections (7)(a) and (b) of this rule, or may require confirmation samples at its discretion. The results of the initial and confirmation samples will be averaged for use in compliance determinations.

(B) Each system shall monitor at the time designated by the Authority during each compliance period. To determine compliance with 333-061-0030(5), averages of data shall be used and shall be rounded to the same number of significant figures as the MCL of the contaminant in question.

(C) Compliance.

(i) For systems monitoring more than once per year, compliance with the MCL is determined by a running annual average at each sampling point. If the average of any sampling point is greater than the MCL, then the system is out of compliance with the MCL.

(ii) For systems monitoring more than once per year, if any sample result will cause the running average to exceed the MCL at any entry point, the system is out of compliance with the MCL immediately.

(iii) Systems must include all samples taken and analyzed under the provisions of this section in determining compliance, even if that number is greater than the minimum required.

(iv) If a system does not collect all required samples when compliance is based on a running annual average of quarterly samples, compliance will be based on the running average of the samples collected.

(v) If a sample is less than the detection limit, zero will be used to calculate the annual average, unless a gross alpha particle activity is being used in lieu of radium-226 and/or uranium. In that case, if the gross alpha particle activity result is less than detection, one-half the detection limit will be used to calculate the annual average.

(D) The Authority has the discretion to delete results of obvious sampling or analytical errors.

(E) When the average annual maximum contaminant level for radionuclides as specified in Table 6 is exceeded, the water supplier shall, within 48 hours, report the analysis results to the Authority as prescribed in OAR 333-061-0040 and initiate the public notification procedures prescribed in 333-061-0042(2)(b)(A). [Table not included. See ED. NOTE.]

(8) Secondary contaminants:

(a) The levels listed in Table 7 of OAR 333-061-0030 represent reasonable goals for drinking water quality, but routine sampling for these secondary contaminants is not required. [Table not included. See ED. NOTE.]

(b) The Authority may however, require sampling and analysis under the following circumstances:

(A) User complaints of taste, odor or staining of plumbing fixtures.

(B) Where treatment of the water is proposed and the levels of secondary contaminants are needed to determine the method and degree of treatment.

(C) Where levels of secondary contaminants are determined by the Authority to present an unreasonable risk to health.

(c) If the results of the analyses do not exceed levels for secondary contaminants, listed in Table 7 of OAR 333-061-0030, subsequent sampling and analysis shall be at the discretion of the Authority. [Table not included. See ED. NOTE.]

(d) If the results of the analyses indicate that the levels for secondary contaminants, listed in Table 7 of OAR 333-061-0030 are exceeded, the Authority shall determine whether the contaminant levels pose an unreasonable risk to health or interfere with the ability of a water treatment facility to produce a quality of water complying with the Maximum Contaminant Levels of these rules and specify follow-up actions to be taken. [Table not included. See ED. NOTE.]

(e) During the period while any measures called for in subsection (7)(d) of this rule are being implemented, the water supplier shall follow the procedures relating to variances and permits which are prescribed in OAR 333-061-0045.

(9) Monitoring of disinfectant residuals in the distribution system

(a) Public water systems that practice continuous disinfection or disinfectant residual maintenance, as well as purchasing water systems that receive water from a public water system that practices continuous disinfection or disinfectant residual maintenance must maintain a detectable disinfectant residual throughout the distribution system and shall measure and record the residual:

(A) At one or more representative points; and

(B) At a frequency that is sufficient to detect variations in chlorine demand and changes in water flow, but in no case less often than twice per week.

(b) Public water systems that add chlorine for other purposes, such as oxidation of metals or taste and odor control, when the source(s) is known to be free of contamination must ensure that the chlorine residual entering the distribution system after treatment is less than 4.0 mg/l.

(c) Where chlorine is used as the disinfectant, the measurement of residual chlorine shall be by the DPD or other EPA-approved method in accordance with Standard Methods for the Examination of Water and Waste-water, and shall measure the free chlorine residual or total chlorine residual as applicable;

(d) The water supplier shall maintain a summary report of the residual disinfectant measurements and shall retain this summary report at a convenient location within or near the area served by the water system.

[ED. NOTE: Tables referenced are available from the agency.]

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 448.131
Stats. Implemented: ORS 431.110, 431.150, 448.131, 448.150 & 448.273
Hist.: HD 9-1989, f. & cert. ef. 11-13-89; HD 26-1990, f. 23-26-90, cert. ef. 12-29-90; HD 7-1992, f. & cert. ef. 6-9-92; HD 12-1992, f. & cert. ef. 12-7-92; HD 3-1994, f. & cert. ef. 1-14-94; HD 11-1994, f. & cert. ef. 4-11-94; HD 1-1996, f. 1-2-96, cert. ef. 1-5-96; HD 14-1997, f. & cert. ef. 10-31-97; OHD 4-1999, f. 7-14-99, cert. ef. 7-15-99; OHD 4-1999, f. 7-14-99, cert. ef. 7-15-99; OHD 7-2000, f. 7-11-00, cert. ef. 7-15-00; OHD 23-2001, f. & cert. ef. 10-31-01; OHD 17-2002, f. & cert. ef. 10-25-02; PH 12-2003, f. & cert. ef. 8-15-03; PH 33-2004, f. & cert. ef. 10-21-04; PH 2-2006, f. & cert. ef. 1-31-06; PH 2-2008, f. & cert. ef. 2-15-08; PH 4-2009, f. & cert. ef. 5-18-09; PH 7-2010, f. & cert. ef. 4-19-10; PH 13-2012, f. & cert. ef. 9-10-12

Notes
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