Background Information

A 2006 Environmental Protection Agency rule, which Oregon Public Health has authority to enforce, requires that all unfiltered surface water systems install treatment to inactivate Cryptosporidium at the source. Cryptosporidium is a microscopic parasite that can infect humans and animals. The federal Safe Drinking Water Act allows a state to grant a variance from a specified treatment technique if the state is satisfied that treatment is not necessary to protect human health because of the nature of the raw water source.

OHA's Public Health Division received a request June 6, 2011, from the Portland Water Bureau to consider exempting the Bull Run watershed from treatment for Cryptosporidium. Portland's Bull Run source must be in compliance with these EPA rules or have a variance by April 1, 2014.

Intent to Grant Variance

OHA's Public Health Division has announced its intent to grant a variance to the City of Portland's Water Bureau from the requirement to treat the Bull Run water source for Cryptosporidium.

OHA also proposed conditions that the Portland Water Bureau would need to follow to keep the variance so that appropriate safeguards continue to protect the watershed. See the following for more information:

• Notice of Intent to Grant Variance (PDF)
• Press Release: Oregon Public Health announces intent to grant variance for Portland’s Bull Run drinking water source (PDF)

Public Hearing & First Comment Period

OHA conducted a public hearing to take comments on the intent to grant the Portland Water Bureau's variance request. The hearing was held December 14, 2011, at the Portland State Office Building, 800 NE Oregon Street, Portland, Oregon, Room 1B. This comment period was open until 5:00 PM on January 3, 2012.

• Portland Variance Comments - First Comment Period (PDF): Hearings Officer Report includes oral and written comments received during the first comment period.

Second Comment Period

OHA reopened the comment period due to testing of Bull Run water in December 2011 that showed evidence of Cryptosporidium, as reported by Portland Water Bureau. This comment period was open from January 25, 2012, until 5:00 PM on February 8, 2012.

• Press Release: Public comment period for Bull Run variance reopens (PDF)
• Portland Variance Comments - Second Comment Period (PDF): Includes written comments received during the second comment period.

OHA will consider all comments received at the December 14, 2011 public hearing and during both public comment periods prior to issuing a final order.