OAR 333-031-0005: Temporary Water Quality Variance

The Division may grant a temporary variance from requirements of OAR 333-031-0004 by continuing or re-issuing previously issued certificates or licenses where: (1) Failure to comply with such rule requirements is due to failure of a community, municipal or public utility water supply system to meet Division requirements; (2) The Assistant Director is satisfied that necessary remedial action is ongoing or reasonably imminent in connection with such water supply system; and (3) Continuance or re-issuance of the certificate or license is conditioned 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 Assistant Director 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.