340-071-0160 Permit Application Procedures — Construction-Installation, Alteration, and Repair Permits (1) Permittees. A permit to construct a system may be issued under this rule only to the owner of the real property that the system will serve. (2) Application. A completed application for a construction, installation, alteration, or repair permit must be submitted to the appropriate agent on approved forms with all required exhibits and the applicable permit application fee in OAR 340-071-0140(3). Applications that do not comply with this section will not be accepted for filing. Except as otherwise allowed in this division, the exhibits must include: (a) A site evaluation report approving the site for the type and quantity of waste to be disposed. Agents may waive the requirement for the report and fee for applications for repair or alteration permits. (b) A land use compatibility statement from the appropriate land use authority as required in OAR chapter 340, division 018. (c) Plans and specifications for the onsite system proposed for installation within the area the agent identified and approved in a site evaluation report. The agent must determine and request the minimum level of detail necessary to ensure proper system construction. (d) A written statement from the municipality with sewer authority confirming a community or area-wide sewerage system is not available if the property is located within a city limit, urban growth boundary, or sanitary district or equivalent. (e) Any other information the agent determines is necessary to complete the permit application. (3) Deadlines for action. The agent must either issue or deny the permit within 20 days after receiving the completed application unless weather conditions or distance and unavailability of transportation prevent the agent from timely action. The agent must notify the applicant in writing of any delay and the reason for delay and must either issue or deny the permit within 60 days after the mailing date of notification. (4) Permit denial. The agent must deny a permit if any of the following occurs: (a) The application contains false information. (b) The agent wrongfully received the application. (c) The proposed system would not comply with applicable requirements in this division or in OAR chapter 340, division 073. (d) The proposed system, if constructed, would violate a commission moratorium under OAR 340-071-0460. (e) The proposed system location is encumbered as described in OAR 340-071- 0130(8). (f) A community or area-wide sewerage system is available that can satisfactorily accommodate the proposed sewage discharge. A sewerage system is considered available if the property to be served is located within a city limit, urban growth boundary, or sanitary district or equivalent, and the system is both physically and legally available, as described in paragraphs (A) and (B) of this subsection. (A) Physical availability. A sewerage system is considered physically available if topographic or man-made features do not make connection physically impractical, as determined by the municipality, and one of the following applies: (i) For a construction-installation permit to serve a single - family dwelling or other establishment with a maximum projected daily sewage flow not exceeding 899 gallons, the nearest sewerage connection point from the property to be served is within 300 feet. (ii) For a repair or alteration permit to serve a single-family dwelling or other establishment with a maximum projected daily sewage flow not exceeding 899 gallons, the nearest sewerage connection point from the property to be served is within 200 feet. (iii) For any permit, a proposed subdivision or group of two to five single-family dwellings or other establishment with the equivalent projected daily sewage flow, the nearest sewerage connection point from the property to be served is not further than 200 feet multiplied by the number of dwellings or dwelling equivalents. (iv) For proposed subdivisions or other developments with more than five single-family dwellings or equivalent flows, the agent will determine sewerage availability. (B) Legal availability. A sewerage system is legally available if the system is not under a DEQ connection permit moratorium, is accessible by a right-of-way or existing easement, and the governing municipality determines if a community or area-wide sewerage system is available by local ordinance. Legal availability as determined by local ordinance includes but is not limited to the following considerations: (i) Distance to a sewerage connection point as a proxy of cost to extend sewer; (ii) Residential compared to commercial wastewater flow and strength; (iii) Single-family dwellings and duplexes compared to multi-family dwellings; (iv) Partitioned and vacant lots compared to existing development; (v) Statewide planning goals; (vi) Social and Environmental Justice goals; (vii) Scope of septic system repairs; (viii) Age of existing septic systems and evidence of failing septic systems; (ix) Other environmental and public health concerns; (x) Extenuating circumstances where the municipality grants a waiver. (5) Permit effective dates. A permit issued for construction of a system under this rule is effective for one year from the date of issuance. After a system has been installed under the permit and a Certificate of Satisfactory Completion has been issued for the installation, conditions specified in the Certificate of Satisfactory Completion continue in force as long as the system is in use. (6) Permit renewal, reinstatement, or transfer. An agent may renew, reinstate, or transfer a permit if the following conditions are met: (a) The applicant submits a completed application for permit renewal before the permit expiration date or for reinstatement within one year after the permit expiration date. (b) Applications for transfer of a permit from a permittee to another person must be filed before the permit expiration date. Only the permittee’s name may be changed in a transfer. (c) Applications for permit renewal, reinstatement, or transfer must conform to the requirements of this rule and the permit will be issued or denied under this rule. (7) Temporary holding tank. If a permit has been issued under these rules but existing soil moisture conditions preclude the construction of the soil absorption system, an agent may approve installing a septic tank for use as a temporary holding tank for up to 12 months. Before approval, the permittee must demonstrate that the outlet of the tank has been sealed with a water tight seal and that the permittee has entered into a pumping contract for the tank. Unless otherwise authorized by the agent, the septic tank must be designed and constructed under OAR 340-071-0340. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.615 & 454.655 History: DEQ 29-2025, amend filed 10/01/2025, effective 01/01/2026 DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14 DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05 DEQ 16-1999, f. & cert. ef. 12-29-99 DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95 DEQ 15-1986, f. & ef. 8-6-86 DEQ 8-1983, f. & ef. 5-25-83 DEQ 19-1981, f. 7-23-81, ef. 7-27-81 DEQ 10-1981, f. & ef. 3-20-81