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Section 448.271 – Transfer of property that includes well; testing; effect.

(1) In any transaction for the sale or exchange of real estate that includes a well that supplies ground water for domestic purposes, the seller of the real estate shall, upon accepting an offer to purchase that real estate, have the well tested for arsenic, nitrates and total coliform bacteria. The Oregon Health Authority also […]

Section 448.273 – Federal Safe Drinking Water Act administration.

The Legislative Assembly finds that an agreement between this state and the federal government to assume primary enforcement responsibility in this state for the federal Safe Drinking Water Act is in the best interest of this state, subject to the following assumptions: (1) The federal government provides an annual program grant in an amount no […]

Section 448.277 – Authority as administrator.

The Oregon Health Authority is authorized to enter into an agreement with the federal government to administer the federal Safe Drinking Water Act in this state. The agreement is subject to the legislative assumption stated in ORS 448.273. The agreement shall remain in effect subject to annual renegotiation of the duties to be performed and […]

Section 448.278 – Program for regulating cross-connections and backflow assemblies; fees.

(1) The Oregon Health Authority shall establish a program for regulating cross-connections and the backflow assemblies that are part of a water system. (2) The authority may assess an annual fee on community water systems for the purpose of implementing the cross-connection and backflow assembly program established pursuant to this section. The fee may not […]

Section 448.280 – Civil penalties; notice.

(1) In addition to any other penalty provided by law: (a) Any person who violates any rule of the Oregon Health Authority relating to the construction, operation or maintenance of a water system or part thereof shall incur a civil penalty not to exceed $500 for each day of violation, except that a violation at […]

Section 448.290 – Process for imposing civil penalty.

(1) Civil penalties under ORS 448.285 shall be imposed as provided in ORS 183.745. (2) All amounts recovered under this section shall be paid into the State Treasury and credited to the General Fund. [1973 c.835 §176; 1989 c.706 §15; 1991 c.734 §28]

Section 448.295 – Jurisdiction of cities over property used for system or sources.

Subject to the authority of the Oregon Health Authority, for the purpose of protecting from pollution their domestic water supply sources, cities shall have jurisdiction over all property: (1) Occupied by the distribution system or by the domestic water supply sources by and from which the city or any person or corporation provides water to […]

Section 448.300 – City ordinance authority.

Cities may prescribe by ordinance what acts constitute offenses against the purity of the water supply and the punishment or penalties therefor and may enforce those ordinances within their corporate limits and on property described in ORS 448.295. [Formerly 449.310]

Section 448.305 – Special ordinance authority of certain cities.

(1) Subject to subsection (2) of this section, by ordinance a city may prohibit or restrict access for purposes of fishing, hunting, camping, hiking, picnicking, trapping of wild animals or birds, harvesting of timber or mining or removal of minerals or carrying on any other activity in its watershed area, or by ordinance may permit […]

Section 448.310 – Investigation of complaints.

The officer in charge of the domestic water supply source or the community water supply system serving the city shall investigate complaints made concerning purity of the source or system and if the complaint appears to be well founded, file a complaint against the person violating ordinances of the city and cause arrest and prosecution. […]

Section 448.315 – Special police to enforce ORS 448.295.

The mayor or authorities having control of the community water supply system supplying the city may appoint special police officers who: (1) After taking oath, shall have the powers of constables. (2) May arrest with or without warrant any person committing, within the territory described in ORS 448.295, for: (a) Any offense against the purity […]

Section 448.325 – Injunction to enforce city ordinances.

In cases of violation of any ordinance adopted under ORS 448.300 or 448.305 any city or any corporation owning a domestic water supply source or the community water supply system for the purpose of supplying any city or its inhabitants with water may have the nuisance enjoined by civil action in the circuit court of […]