340-053-0080 General Requirements for Graywater Reuse and Disposal Systems (1) Responsibility to comply with rules. Any person owning or operating a graywater reuse and disposal system must ensure that the graywater is used only in accordance with the rules in this division. (2) Permit required. A person may not construct, install or operate a graywater reuse and disposal system unless authorized by a permit issued by the department under OAR chapter 340, division 45. (a) A person owning a property with a graywater reuse and disposal system must obtain a permit as specified under OAR 340-053-0100 to operate the system or must abandon the system as specified under OAR 340-053-0100. (b) On the transfer of a property with a graywater reuse and disposal system, the person releasing claim to the property must notify the receiving person that a graywater reuse and disposal system is present. (3) Beneficial purpose. A person must only use graywater for beneficial purposes as specified for the applicable levels of treatment described in OAR 340-053-0090. (4) Prohibited use for human consumption. A person may not use graywater for drinking, personal hygiene bathing, showering, cooking, dishwashing or maintaining oral hygiene regardless of the level of treatment, unless approved in writing by the department and with written approval from the Oregon Health Authority. (5) Connection to a wastewater disposal system. Unless authorized by the department in a permit issued under OAR 340-053-0110(2) or 340-071-0162, a person may not construct, install or operate a graywater reuse and disposal system unless the system is connected to an approved sewerage system or a functioning onsite wastewater treatment system approved under OAR 340-071. (6) Surface and stormwater discharges prohibited. A person may not allow graywater to discharge to surface waters of the state, a municipal separate storm sewer system (MS4), an industrial stormwater system or a stormwater management structure. (7) Groundwater protection. The department will not authorize a graywater reuse and disposal system for use unless the groundwater quality protection requirements in OAR chapter 340, division 40 are met. The requirements in OAR chapter 340, division 40 are presumed to be met if the graywater is applied in a manner and at a rate that minimizes the movement of contaminants to groundwater and does not adversely impact groundwater quality. If the use of graywater occurs in a designated groundwater management area declared under ORS 468B.180, a wellhead protection area established under OAR 340-040-0140 through 340-040-0210, or a geographic region identified in an area wide aquifer management plan established by OAR 340-040-0070, the department may require additional conditions to be met. (8) Graywater limitations. A person must divert the following wastewaters to an approved sewerage system, a functioning onsite wastewater treatment system or holding tank system approved under OAR 340-071: (a) Wastewater originating from kitchen sinks that has not passed through primary graywater treatment; (b) Wastewater from dishwashers or garbage disposals or both; (c) Wastewater resulting from the washing of soiled diapers or other similarly infectious or soiled materials; and (d) Wastewater containing residual waste from activities such as, but not limited to, cleaning of oily rags; rinsing of paint brushes; disposal of pesticides, herbicides, or other chemicals; or disposal of waste solutions from hobbyist activities like home photo labs. (9) Waste strength limitations. A person may not divert graywater from an onsite wastewater treatment system if the resulting septic tank effluent concentration exceeds the criteria for residential strength wastewater as defined in OAR 340-071-0100. If the resulting septic tank effluent concentration does exceed the criteria for residential strength wastewater, the owner or operator of the graywater reuse and disposal system must take appropriate measures to reduce the septic tank effluent waste strength, such as but not limited to reducing the amount of graywater diverted from the onsite wastewater treatment system. (10) Graywater reuse and disposal system design flow. A person must design a graywater reuse and disposal system to treat, store or use the volume of graywater needed for the intended beneficial purpose or purposes. Graywater in excess of the design flow must be diverted to an approved sewerage system, or a functioning onsite wastewater treatment system or holding tank system approved under OAR 340-071. The department will use the design flows in Table 1 to determine the appropriate graywater reuse and disposal system permit and may require a person to use the graywater flow volumes in Table 1 in the design of a graywater reuse and disposal system. (11) System design plan. The owner or operator of a graywater reuse and disposal system must have and maintain a written system design plan and must transfer it to the new owner or operator on property transfer. (a) The system design plan must include, but is not limited to, the following information: (A) Location of the system; (B) Fixtures that are the source of graywater; (C) Design flow of the graywater reuse and disposal system; (D) Design of the distribution and reuse system; (E) Description of any graywater treatment system used; (F) Beneficial purposes; and (G) Name and contact information for the person responsible for the design of the system. (b) For graywater reuse and disposal systems producing greater than 300 gallons per day for irrigation, the system design plan must include the irrigation design, including but not limited to, pipe and valve sizes, discharge areas and rates. (12) Operation and maintenance. The owner or operator of a graywater reuse and disposal system must operate and maintain the system in compliance with all permit conditions and applicable requirements of this division. (13) Operation and maintenance manual. (a) The owner or operator of a graywater reuse and disposal system must maintain a written operation and maintenance manual that includes, but is not limited to, the following: (A) A detailed description of the graywater system, including any graywater treatment; (B) A detailed description of any activities required to operate and maintain the system; (C) If monitoring is required by the rules of this division, graywater monitoring procedures; and (D) If required by the rules of this division, a description of how the public and personnel at the use area will be notified of graywater use. (b) On the transfer of a property with a graywater reuse and disposal system, the person releasing claim to the property must ensure the operation and maintenance manual remains with the system. (14) Reporting. When required by permit or the rules of this division, the owner or operator of a graywater reuse and disposal system must submit an annual report to the department with a certification statement that during the previous year, the system was operated in compliance with the rules of this division and the permit limits and conditions for graywater reuse. At minimum, the report must also include a description of the operation and maintenance of the system, including any required monitoring results. (a) The annual report must be received by the department by the date specified in the permit. (b) If the department does not receive an annual report by the date specified in the permit, the owner or operator of a graywater reuse and disposal system must pay a penalty fee equal to the annual fee specified in OAR 340-045-0070. (15) Graywater irrigation site evaluation. A person must evaluate and ensure that a graywater irrigation site meets the irrigation site selection and management requirements specified in OAR 340-053-0090. When required by the rules of this division, a person must submit to the department for review and approval a site evaluation report including, but not limited to, the following site information: (a) A diagram of the property receiving graywater showing: (A) Area and slope of the graywater reuse area; (B) Surface streams, springs or other bodies of water; (C) Onsite wastewater treatment systems; (D) Stormwater management structures or stormwater collection systems; (E) Existing and proposed wells; (F) Escarpments, cuts and fills; and (G) Any unstable landforms; (b) Parcel size; (c) Soil profile descriptions, including water infiltration rates; (d) Water table levels; (e) Description of vegetation in the reuse area; (f) Evapotranspiration rates for the vegetation during the period of use; and (g) Any other observations or information relevant to the evaluation of the graywater irrigation site, including offsite features, as appropriate. (16) Property lines crossed. A person may reuse graywater only on the property on which it was generated, unless all of the following conditions are met: (a) Both the person generating graywater and the person reusing graywater agree to reuse graywater in accordance with the rules in this division. (b) A written agreement exists and is being honored between the person generating graywater and the person who owns the property where graywater reuse occurs. (c) The state’s officers, agents, employees and representatives are allowed access to enter and inspect all portions of the graywater reuse and disposal system, regardless of location. (17) Land use evaluation. A person is not required to obtain a land use compatibility statement (LUCS) signed by the local planning agency for a graywater reuse and disposal system producing less than 1,200 gallons per day if the system is connected to an approved sewerage system or an onsite wastewater treatment system approved under OAR 340-071. (18) Additional permit limitations and conditions. The department may include additional permit limitations or conditions to protect public health or the environment. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 454.610, 454.625, 468.020 & 468B.010 Statutes/Other Implemented: ORS 454.610, 454.615, 468B.020 & 468B.050 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 15-2011, f. & cert. ef. 9-12-11