OAR 333-061-0510: Applicability of Cyanotoxin Rules

(1) Water suppliers are subject to OAR 333-061-0510 to 333-061-0580 when they own or operate water systems that: (a) Are supplied by a surface water source that is determined by the Authority to be susceptible to harmful algal blooms or release of cyanotoxins; or (b) Are supplied by a groundwater source determined by the Authority to be under the direct influence of a surface water source that is susceptible to harmful algal blooms or release of cyanotoxins; or (c) Purchase water from another water system that is supplied by a surface water source or a groundwater source determined by the Authority under the direct influence of a surface water that is susceptible to harmful algal blooms or release of cyanotoxins. (2) A water source is susceptible to harmful algal blooms or release of cyanotoxins if: (a) One or more harmful algal blooms have been documented or at least one cyanotoxin was previously detected in the water source or other location in a public water system supplied by that water source; (b) The source or a waterbody upstream of the source is listed in the Oregon DEQ Integrated Report and Clean Water Act Section 303(d) list for not meeting water quality standards for algae and aquatic weeds; (c) The point of diversion into the water system is downstream of or influenced by another surface water source susceptible to harmful algal blooms or release of cyanotoxins; or (d) The Authority determines the source is susceptible based on the characteristics of the source, including, but not limited to, slow moving or stagnant water, temperature, available sources of nutrients, water quality data, satellite imagery, presence of microcystin- or cylindrospermopsin-producing genes, or other relevant information. (3) The Authority may, at its discretion, exempt a water supplier that would otherwise be subject to OAR 333-061-0510 to 333-061-0580 if the Authority determines that the water source is not likely to be susceptible to cyanotoxins based on information available to the Authority or based on evidence submitted by the water supplier that includes but is not limited to, water quality data, watershed characteristics, and environmental conditions.