ORDER NO 99-446

ENTERED JUL 26 1999

This is an electronic copy and appendices and footnotes may not appear.

OF OREGON

UM 925

DISPOSITION: SECOND STIPULATION APPROVED

The Public Utility Commission of Oregon (Commission) issued Order No. 99-055 on February 10, 1999, opening an investigation into the operations and service of Siltcoos Heights Water, Inc. (Siltcoos or Company), and approving a Stipulation entered into by Siltcoos, the Commission Staff (Staff), and the Oregon Health Division Drinking Water Program Staff (OHD). Subsequently, a Public Informational and Comment Hearing was held on March 25, 1999. On April 21, 1999, Staff filed a second Stipulation (Stipulation 2) signed by the same parties, the terms of which are summarized below.

The second Stipulation requires Siltcoos to continue to take certain actions agreed to in the first Stipulation (Stipulation 1), and required by Oregon statutes and OHD’s rules for public water systems. In addition, the second Stipulation provides that the Company will do the following:

Operate an accurate turbidity meter;

Submit to OHD a written cross connection plan;

Perform and submit to OHD a tracer study that shows how long water is in contact with a disinfectant prior to reaching customers;

Provide to OHD a finalized written sampling site plan for coliform testing;

Provide to OHD the test results for inorganics;

Submit to OHD the following corrosion control procedures –

-- Water quality parameter testing,

-- Source water testing, and

-- A letter of recommendation regarding the proposed system corrosion control;

Provide to OHD a written plan to address the water system’s filtration problems, including an alternate filtration plan, a date by which the engineered plan for filtration system upgrades will be submitted to OHD, and actual written bids for the first and alternate filtration plans; and

Have a representative of the Company apply to become a certified operator.

The second Stipulation also establishes various dates by which the above actions are to be taken. Further, the second Stipulation provides that upon written notification by OHD that the Company has failed to take a required action, the Commission will levy a penalty of $100.00 for each breach of compliance. Siltcoos may request a hearing if it disagrees that a requirement of the second Stipulation has been violated.

The Commission finds that the Stipulation 2 contains provisions reasonably calculated to lead toward a solution to Siltcoos’ current inability to provide water quality necessary for potable water. Some of the provisions merely require Siltcoos to do what it is already legally obligated to do. Nevertheless, Stipulation 2 as a whole moves the Company forward toward improved water quality. The Commission will thus approve the second Stipulation. The Commission encourages Siltcoos, Staff, and OHD to continue to work together as much as possible to resolve all outstanding service problems. A copy of Stipulation 2 is attached to and incorporated in this Order as Appendix A.

ORDER

IT IS ORDERED that:

1. Stipulation 2, entered into by Siltcoos Heights Water, Inc., the Commission Staff, and the Oregon Health Division Drinking Water Program Staff, is approved.
2. Siltcoos Heights Water, Inc., is directed to comply with the provisions contained in Stipulation 2.

Made, entered, and effective ____________________________. 

A party may request rehearing or reconsideration of this order pursuant to ORS 756.561. A request for rehearing or reconsideration must be filed with the Commission within 60 days of the date of service of this order. The request must comply with the requirements of OAR 860-014-0095. A copy of any such request must also be served on each party to the proceeding as provided by OAR 860-013-0070. A party may appeal this order to a court pursuant to ORS 756.580.