1.1 Dual-Agency Structure: DEQ Wastewater and OHA Drinking Water Programs

Why the Agency Split Matters on the Exam

Oregon law requires the owners of public drinking water systems and domestic wastewater systems to keep those systems under the responsible control of certified operators. Two different state agencies run the two certification programs, and many state-specific exam items simply test whether you know which agency, which rule division, and which credential applies. An operator at a small city often deals with both: OHA for the wells, treatment plant and distribution system, and DEQ for the sewers, lift stations and wastewater plant.

The DEQ Side: Wastewater

DEQ administers the domestic wastewater operator certification program under OAR 340-049. The program classifies every permitted domestic wastewater treatment and collection system, sets the minimum certificate grade for the person who supervises it, and certifies operators. DEQ's other wastewater rules appear throughout this guide:

• OAR 340-045: National Pollutant Discharge Elimination System (NPDES) permits for discharges to surface water, and Water Pollution Control Facility (WPCF) permits for systems with no discharge to surface water, such as land-application or drainfield systems.
• OAR 340-041: water quality standards, including temperature, bacteria and dissolved oxygen criteria.
• OAR 340-050: land application of biosolids and domestic septage.
• OAR 340-055: recycled water classes and uses.
• OAR 340-012: DEQ's enforcement rules. They classify violations (Class I, II or III) and set civil penalties. Enforcement tools range from warning letters and pre-enforcement notices to civil penalty assessments and negotiated Mutual Agreement and Orders (MAOs) with compliance schedules.

The operator certification rules add their own consequences. DEQ may refuse, suspend or revoke a certificate under OAR 340-049-0080, and a person who knowingly and willfully violates the division can face criminal penalties under ORS 448.992 (OAR 340-049-0082).

The OHA Side: Drinking Water

OHA's Public Health Division, Drinking Water Services (DWS), administers the federal Safe Drinking Water Act in Oregon through OAR 333-061. The same division contains maximum contaminant levels, monitoring and reporting, construction standards, cross connection control, cyanotoxin rules and operator certification. Every community and non-transient non-community water system must have its distribution system and each treatment plant under an operator in Direct Responsible Charge (DRC) (OAR 333-061-0225).

OHA field staff conduct sanitary surveys of community, non-transient non-community and transient non-community systems at least every five years, at a frequency the Authority determines (OAR 333-061-0076). The survey report covers eight components: source, treatment, distribution system, finished water storage, pumps and controls, monitoring and reporting, management and operations, and operator certification compliance. It lists any significant deficiencies, such as an unsealed well casing, an unscreened reservoir vent or overflow, pressure below 20 psi, or no DRC operator at the required level.

Penalties are set in OAR 333-061-0090. Violating the rules is a Class A misdemeanor under ORS 448.990. Civil penalties for listed violations, including failing to use an operator in DRC, may not exceed $1,000 per day for each violation and scale with population served.

Where the Two Programs Touch

• Drinking water source protection: DEQ and OHA jointly assess drinking water source areas and support local protection plans.
• Harmful algal blooms: OHA issues recreational use health advisories and enforces the cyanotoxin rules for water systems (OAR 333-061-0510 to 0580). DEQ's laboratory developed the ELISA method that the rules name for cylindrospermopsin.
• Separation of water and sewer lines: OHA's construction standards set the separation. Parallel water lines are prohibited within 5 feet of a sewer, are decided case by case from 5 to 10 feet, and only crossing rules apply beyond 10 feet. At crossings, the water line should be 1.5 feet or more above the sewer with one full length centered on the crossing (OAR 333-061-0050(9)).
• Spills that threaten intakes: wastewater permittees report to DEQ (or OERS after hours) within 24 hours. A downstream water supplier must also be warned so it can protect its intake.

Exam Traps

• Do not attach "Grades I-IV" to drinking water or "Levels 1-4" to wastewater. DEQ uses Grades; OHA uses Levels.
• The Filtration Endorsement is an OHA drinking water credential and has nothing to do with wastewater tertiary filters.
• "Direct Responsible Charge" is OHA's term (OAR 333-061-0225). DEQ's rules speak of the designated supervisor and shift supervisor of a wastewater system (OAR 340-049-0015).