the maximum contaminant levels may be granted by the Authority to public water
systems under the following circumstances where:
(a) An evaluation satisfactory to the
Authority indicates that alternative sources of water are not reasonably
available to the system;
will be no unreasonable risk to health;
(c) The water supplier has provided
sufficient evidence to confirm that the best available treatment techniques
which are generally available are unable to treat the water in question so that
it meets maximum contaminant levels;
(d) The water supplier agrees to notify the
water users at least once every three months, or more frequently if determined
by the Authority, that the water system is not in compliance;
(e) A compliance schedule is submitted which
outlines how the water supplier intends to achieve compliance, and the water
supplier agrees to review this schedule once every three years to determine
whether changes have occurred in the conditions which formed the basis for the
(f) A plan is
submitted which outlines interim control measures including application of the
best technology treatment technique to be implemented during the period that
the variance is in effect.
The Authority shall document all findings
of its determinations and if the Authority prescribes a schedule requiring
compliance with a contaminant level for which the variance is granted later
than five years from the date of issuance of the variance the Authority shall:
(a) Document the rationale for the extended
the rationale for the extended compliance schedule in the required public
notice and opportunity for public hearing; and
(c) Provide the shortest practicable time
schedule feasible under the circumstances.
(3) Before denying a request for a variance,
the Authority shall advise the water supplier of the reasons for the denial and
shall give the supplier an opportunity to present additional information. If
the additional information is not sufficient to justify granting the variance,
the variance shall be denied.
If the Authority determines that the variance should be granted, it shall
announce its intention to either hold a public hearing in the affected area
prior to granting the variance; or serve notice of intent to grant the variance
either personally, or by registered or certified mail to all customers
connected to the water system, or by publication in a newspaper in general
circulation in the area. If no hearing is requested within 10 days of the date
that notice is given, the Authority may grant the variance.
(5) When a variance has been granted, and a
water supplier fails to meet the compliance schedule, or fails to implement the
interim control measures, or fails to undertake the monitoring required under
the conditions of the variance, the Authority may initiate enforcement action
authorized by these rules.
Variances from the maximum contaminant levels for volatile organic chemicals,
organic chemicals and inorganic chemicals shall be issued by the Authority as
The Authority shall require
Community water systems and Non-Transient Non-Community water systems to
install or use any treatment method identified in OAR 333-061-0050
(E) and (F) as a condition for granting a variance except as provided in
subsection (6)(b) of this rule. If, after the system's installation of the
treatment method, the system cannot meet the MCL, that system shall be eligible
for a variance.
If a system
can demonstrate through comprehensive engineering assessments, which may
include pilot plant studies, that the treatment methods identified in OAR
(4)(b)(B), (E) and (F) would only achieve an insignificant
reduction in contaminants, the Authority may issue a schedule of compliance
that requires the system being granted the variance to examine other treatment
methods as a condition of obtaining the variance.
(c) If the Authority determines that a
treatment method identified in subsection (6)(b) of this rule is technically
feasible, the Authority may require the system to install or use that treatment
method in connection with a compliance schedule. The Authority's determination
shall be based upon studies by the system and other relevant information.
(d) The Authority may require a
public water system to use bottled water, point-of-use devices, point-of-entry
devices or other means as a condition of granting a variance to avoid an
unreasonable risk to health.
The variances from the maximum
contaminant level for fluoride shall be granted by the Authority as follows:
The Authority shall require a Community
water system to install or use any treatment method identified in OAR
(4)(b)(C) as a condition for granting a variance unless the
Authority determines that such treatment method is not available and effective
for fluoride control for the system. A treatment method shall not be considered
to be "available and effective" for an individual system if the treatment
method would not be technically appropriate and technically feasible for that
system. If, upon application by a system for a variance, the Authority
determines that none of the treatment methods identified in OAR
(4)(b)(C) are available and effective for the system, that system
shall be entitled to a variance. The Authority's determination as to the
availability and effectiveness of such treatment methods shall be based upon
studies by the system and other relevant information. If a system submits
information to demonstrate that a treatment method is not available and
effective for fluoride control for that system, the Authority shall make a
finding whether this information supports a decision that such treatment method
is not available and effective for that system before requiring installation or
use of such treatment method.
The Authority shall issue a schedule of compliance that may require the system
being granted the variance to examine the following treatment methods to
determine the probability that any of the following methods will significantly
reduce the level of fluoride for that system, and if such probability exists,
to determine whether any of these methods are technically feasible and
economically reasonable, and that the fluoride reductions obtained will be
commensurate with the costs incurred with the installation and use of such
treatment methods for that system: Modification of lime softening; Alum
coagulation; Electrodialysis; Anion exchange resins; Well field management;
Alternate source; or Regionalization.
(c) If the Authority determines that a
treatment method identified in subsection (6)(b) of this rule or any other
treatment method is technically feasible, economically reasonable, and will
achieve fluoride reductions commensurate with the costs incurred with the
installation or use of such treatment method for the system, the Authority
shall require the system to install or use that treatment method in connection
with a compliance schedule. The Authority's determination shall be based upon
studies by the system and other relevant information.
Public water systems that use bottled
water as a condition for receiving a variance must meet the following
The public water system
must develop and put in place a monitoring program approved by the Authority
that provides reasonable assurances that the bottled water meets all MCLs. The
public water system must monitor a representative sample of the bottled water
for all applicable contaminants under OAR 333-061-0036
the first quarter that
it supplies the bottled water to the public, and annually thereafter. Results
of the monitoring program shall be provided to the Authority annually.
As an alternative to
subsection (7)(a) of this rule, the public water system must receive a
certification from the bottled water company that the bottled water supplied
has been taken from an "approved source" as defined in
; the bottled
water company has conducted monitoring in accordance with
21 CFR 129.80(g)(1) through
; and the bottled water does not exceed
any MCLs or quality limits as set out in 21 CFR 103.35
, 110, and 129. The
public water system shall provide the certification to the Authority the first
quarter after it supplies bottled water and annually thereafter.
(c) The public water system is fully
responsible for the provision of sufficient quantities of bottled water to
every person supplied by the public water system, via door-to-door bottled
Public water systems that use point-of-use devices as a condition for obtaining
a variance must meet the following requirements:
(a) It is the responsibility of the public
water system to operate and maintain the point-of-use treatment system.
(b) The public water system must
develop a monitoring plan and obtain Authority approval for the plan before
point-of-use devices are installed for compliance. This monitoring plan must
provide health protection equivalent to a monitoring plan for central water
technology must be properly applied under a plan approved by the Authority and
the microbiological safety of the water must be maintained.
(d) The water system must submit adequate
certification of performance, field testing and, if not included in the
certification process, a rigorous engineering design review to the Authority
for approval prior to installation.
(e) The design and application of the
point-of-use devices must consider the tendency for increase in heterotrophic
bacteria concentrations in water treated with activated carbon. It may be
necessary to use frequent backwashing, post-contractor disinfection, and
Heterotrophic Plate Count monitoring to ensure that the microbiological safety
of the water is not compromised.
(f) All consumers shall be protected. Every
building connected to the system must have a point-of-use device installed,
maintained, and adequately monitored. The Authority must be assured that every
building is subject to treatment and monitoring, and that the rights and
responsibilities of the public water system customer convey with title upon
sale of property.
Public water systems shall not use bottled water to achieve compliance with an
MCL. Bottled water or point-of-use devices may be used on a temporary basis to
avoid an unreasonable risk to health.
The Authority will not grant a variance
or exemption to the requirements of OAR 333-061-0030
(3), OAR 333-061-0030
. Variances to OAR 333-061-0032
will only be granted as
provided by section (12) of this rule. The Authority will not grant any
variances to the requirements of OAR 333-061-0036
pertaining to the treatment
of surface water and groundwater under the direct influence of surface water.
No permits will be granted for OAR 333-061-0030
(4), 333-061-0032(3)(c) or
Authority may grant variances from the standards specified in OAR
(3)(e) through (g) requiring the use of a specified water treatment
technique if the Authority determines that the use of a specified water
treatment technique is not necessary to protect public health based on the
nature of the raw water source for a public water system. A variance granted
under this section shall be conditioned on such monitoring and other
requirements as the Administrator of the U.S. Environmental Protection Agency
or the Director of the Oregon Health Authority may prescribe.
Or. Admin. R.
HD 9-1981(Temp), f. &
ef. 6-30-81; HD 17-1981(Temp), f. & ef. 8-28-81; HD 4-1982, f. & ef.
2-26-82; Renumbered from 333-042-0213, HD 2-1983, f. & ef. 2-23-83; HD
11-1985, f. & ef. 7-2-85; HD 30-1985, f. & ef. 12-4-85; HD 9-1989, f.
& cert. ef. 11-13-89; HD 26-1990, f. 12-26-90, cert. ef. 12-29-90; HD
9-1991(Temp), f. & cert. ef. 6-24-91; HD 1-1992, f. & cert. ef. 3-5-92;
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; OHD 17-2002, f. & cert. ef.
10-25-02; PH 12-2003, f. & cert. ef. 8-15-03; 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 3-2013, f. & cert. ef. 1-25-13;
5-2016, f. 2-10-16, cert. ef.
Stat. Auth.: ORS
Stats. Implemented: ORS