justicedao/ipfs_state_laws huggingface dataset:
340-071-0175 Certificate of Satisfactory Completion (1) The agent may issue a Certificate of Satisfactory Completion for a system installation if, the agent inspects and system and determines the system complies with applicable requirements in this division and OAR chapter 340, division 073 and the permit’s conditions. (2) If an agent determines an installation does not comply with the requirements in section (1) of this rule, the agent must notify the permittee in writing or post a Correction Notice on the site. The notice must explain the system deficiencies and corrective action required. (3) If an agent does not inspect a system within 7 days after notification of completion or waives the inspection under OAR 340-071-0170(2) or 340-071-0400(5)(d), a Certificate of Satisfactory Completion will be deemed to have been issued by operation of law. In such cases, a modified Certificate will be issued to the owner. (4) A system may be backfilled (covered) after installation only after: (a) The agent has notified the permittee that the inspection will not be conducted; (b) The agent has inspected the system and issued a Certificate of Satisfactory Completion; or (c) A Certificate of Satisfactory Completion has been issued by operation of law under section (3) of this rule. (5) The permittee must ensure satisfactory completion of a system installation within 30 days after written notification or posting of a Correction Notice under section (2) of this rule unless the agent agrees to a later time. (6) A person may not connect to or use any system completed after January 1, 1974, unless a Certificate of Satisfactory Completion has been issued for the installation or deemed issued by operation of law under this rule. (7) Unless the agent requires otherwise, the system installer must backfill (cover) a system within 10 days after issuance of a Certificate of Satisfactory Completion for that system. (8) A Certificate of Satisfactory Completion is valid for a period of five years for connection of the system to the facility for which it was constructed. After the five-year period, an Authorization Notice, alteration permit, or construction-installation permit may be required under OAR 340-071-0160, 340-071-0205, or 340-071-0210. (9) A permittee may appeal the denial or revocation of a Certificate of Satisfactory Completion under ORS 183.310 through 183.550 and OAR chapter 340, division 11. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 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 11-2004, f. 12-22-04, cert. ef. 3-1-05 DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95 DEQ 10-1981, f. & ef. 3-20-81
340-071-0185 Decommissioning of Systems (1) The owner must decommission a system when: (a) A sewerage system becomes available and the facility the system serves has been connected to that sewerage system; (b) The source of sewage has been permanently eliminated; (c) The system has been operated in violation of OAR 340-071-0132(1) and a repair permit and Certificate of Satisfactory Completion have not subsequently been issued for the system; (d) The system has been constructed, installed, altered, or repaired without a permit required in this division, and a permit has not subsequently been issued for the system; or (e) The system has been operated or used without a required Certificate of Satisfactory Completion or Authorization Notice and a Certificate of Satisfactory Completion or Authorization Notice has not subsequently been issued for the system. (2) Procedures for decommissioning. (a) Tanks, cesspools, and seepage pits must be pumped by a licensed sewage disposal service to remove all septage. (b) Tanks, cesspools, and seepage pits must be filled with reject sand, bar run gravel, or other material approved by the agent, or the container must be removed and properly disposed. (3) If, in the judgment of the agent, compliance with section (2) of this rule is not reasonably possible or necessary to protect public health, welfare, safety, or public waters, the agent may waive one or both of those requirements. 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 11-2004, f. 12-22-04, cert. ef. 3-1-05 DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95 DEQ 15-1986, f. & ef. 8-6-86 DEQ 5-1982, f. & ef. 3-9-82 DEQ 10-1981, f. & ef. 3-20-81
340-071-0200 Prior Construction Permits or Approvals All construction-installation permits and written approvals issued before January 1, 1974, expired on July 1, 1976. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.655 History: DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05 DEQ 10-1981, f. & ef. 3-20-81
340-071-0210 Alteration of Existing Onsite Wastewater Treatment Systems (1) Permit required. A person may not alter or increase the design capacity of an existing onsite wastewater treatment system not under a WPCF permit without first obtaining an alteration permit under this rule or a construction-installation permit under OAR 340-071-0160, as applicable. The permit application procedure is described in OAR 340-071-0160. (2) An agent may issue an alteration permit if the requirements of either paragraph (a) or (b) of this section are met. (a) Alterations do not increase the system's design capacity and: (A) The existing system is not failing; (B) The site setbacks in Table 1 can be met except that if the setbacks in Table 1 for septic tanks, treatment units, effluent sewers, and distribution units cannot be met, the agent may allow a reasonable installation; and (C) In the agent’s opinion, use of the onsite system would not create a public health hazard or result in water pollution. (b) Alterations do not exceed the existing system design capacity by more than 300 gpd or 50 percent, and: (A) The existing system is not failing; (B) The setbacks in Table 1 can be met; and (C) In the agent’s opinion, using the onsite system would not create a public health hazard or result in water pollution. (3) An application for a construction-installation permit under OAR 340-071-0160 is required when the existing system design capacity is proposed to be exceeded by more than 300 gpd or more than 50 percent. (4) Certificate of Satisfactory Completion required. Upon completing installation of that part of a system for which a permit was issued, the system installer must comply with the requirements for pre-cover inspections in OAR 340-071-0170. The agent must issue or deny the Certificate of Satisfactory Completion for the completed construction under OAR 340-071-0175. The projected daily sewage flow into the system may not be increased until the Certificate is issued. [ED. NOTE: All tables are found in OAR 340-071-0800.] Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.615, 454.655, 454.665 & 454.675 History: DEQ 29-2025, amend filed 10/01/2025, effective 01/01/2026 DEQ 42-2017, minor correction filed 12/14/2017, effective 12/14/2017 DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05 DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95 DEQ 8-1983, f. & ef. 5-25-83 DEQ 10-1981, f. & ef. 3-20-81
340-071-0215 Repair of Existing Systems (1) The system owner must ensure a failing system is immediately repaired unless, in the opinion of the agent, adverse soil conditions resulting from climatic conditions would likely preclude a successful repair. In that circumstance, the agent may allow a delay in commencing or completing repairs until the soil conditions improve. If the agent authorizes a delay, the agent must issue a notice of noncompliance to the system owner specifying a compliance date and any interim provisions required to prevent a public health hazard and protect public waters. (2) Except for emergency repairs, a person may not repair a failing system without first obtaining a repair permit under this rule. A person may make emergency repairs without first obtaining a permit if a repair permit application is submitted to the agent within three working days after the emergency repairs are begun. The permit application procedure is described in OAR 340-071-0160. (3) Repairs for properties located within a city limit, urban growth boundary, or sanitary district or equivalent, including emergency repairs, must obtain a written statement from the sewer authority confirming a community or area-wide sewerage is not available prior to repairing a failing system. (4) Certificate of Satisfactory Completion. Upon completion of installation of that part of a system for which a repair permit was issued, the system installer must comply with the requirements for pre-cover inspections in OAR 340-071-0170. The agent must issue or deny the Certificate of Satisfactory Completion under OAR 340-071-0175. (5) Criteria for permit issuance. (a) If the site characteristics and standards in OAR 340-071-0220 can be met, the repair installation must conform to the requirements. (b) If the site characteristics or standards in OAR 340-071-0220 cannot be met, the agent may allow a reasonable repair installation to eliminate a public health hazard, including installing an alternative system as necessary. (6) Notwithstanding the permit duration specified in OAR 340-071-0160(5), a permit issued under this rule may be effective for a period of less than one year from the date of issue if specified by the agent. (7) System owners must decommission failing systems under OAR 340-071-0185 if the systems cannot be repaired. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.615, 454.655, 454.665, 454.675 & 468B.080 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 27-1994, f. 11-15-94, cert. ef. 4-1-95 DEQ 15-1986, f. & ef. 8-6-86 DEQ 5-1982, f. & ef. 3-9-82 DEQ 10-1981, f. & ef. 3-20-81
340-071-0260 Alternative Systems, General (1) Application requirements. The requirements in this division and OAR chapter 340, division 073 for siting, constructing, and maintaining standard subsurface systems apply to alternative systems unless the standards for alternative systems in this division provide otherwise. (2) Alternative system inspections. (a) Agents may perform periodic inspections of installed alternative systems. System owners must pay the alternative system inspection fee in OAR 340-071-0140(3) for the inspection upon billing by the agent. (b) The agent must prepare a report of each inspection listing system deficiencies, corrections required, and timetables for correction, and will provide a copy to the system owner. The agent may follow up as necessary to ensure proper corrections. (c) The agent may require a certified maintenance provider conduct the alternative system inspection and prepare a report in lieu of an inspection by the agent as follows: (A) The report must list system deficiencies, corrections required, and an estimated date of correction; (B) For ATT systems, the maintenance provider must be certified by the manufacturer to do service on the ATT. (C) The system owner is responsible for any costs associated with alternative system inspections made by maintenance providers, including but not limited to labor, parts, and services. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.615 & 454.775 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 27-1994, f. 11-15-94, cert. ef. 4-1-95 DEQ 9-1984, f. & ef. 5-29-84 DEQ 10-1981, f. & ef. 3-20-81
340-071-0280 Seepage Trench System (1) Criteria for approval. Construction permits may be issued for seepage trench systems on lots created before January 1, 1974, for sites that meet all the following conditions. (a) Groundwater will not be degraded. (b) Lot or parcel size will not accommodate standard subsurface system disposal trenches with a design flow of 450 gpd. (c) All other requirements for standard subsurface systems can be met. (2) Design criteria. (a) The maximum depth allowed for a seepage trench is 42 inches. (b) The seepage trench system must be sized according to the following formula: length of seepage trench = 4 x (length of standard disposal trench) divided by (3 + 2D), where D = depth of drain media below distribution pipe in feet. Maximum depth of drain media (D) is 2 feet. (c) The design flow is limited to a maximum of 450 gallons. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.615 & 454.775 History: DEQ 29-2025, amend filed 10/01/2025, effective 01/01/2026 DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05 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 10-1981, f. & ef. 3-20-81
340-071-0285 Redundant Systems (1) Criteria for approval. Construction permits may be issued for redundant absorption field systems to serve single family dwellings on sites that meet both of the following conditions. (a) The lot or parcel was created before January 1, 1974. (b) The lot or parcel size will not accommodate a standard system. (2) Design criteria: (a) Each redundant absorption system must contain two complete absorption fields. (b) Each absorption field must be large enough to accommodate the projected daily sewage flow from the dwelling. (c) A minimum separation of 10 feet (12 feet center to center) must be maintained between absorption trenches designed to operate simultaneously, and a minimum separation of 4 feet (6 feet center to center) must be maintained between adjacent absorption trenches. (d) The system must be designed to alternate between the absorption fields with the use of a diversion valve or other method approved by the agent. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.615 & 454.775 History: DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05 DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95 DEQ 10-1981, f. & ef. 3-20-81
340-071-0310 Steep Slope Systems (1) General conditions for approval. Construction-installation permits may be issued for steep slope systems serving single-family dwellings on slopes in excess of 30 percent if all the following requirements can be met. (a) Slope does not exceed 45 percent. (b) The soil is well-drained with no evidence of saturation to a depth of 60 inches. (c) The soil has a minimum effective soil depth of 60 inches. (2) Construction requirements. (a) Seepage trenches must be installed at a minimum depth of 30 inches and a maximum depth of 36 inches below the natural soil surface on the downhill side of the trench and must contain a minimum of 18 inches of drain media and 12 inches of native soil backfill. (b) The system must be sized at a minimum of 75 linear feet per 150 gallons sewage flow. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.615 & 454.775 History: DEQ 29-2025, amend filed 10/01/2025, effective 01/01/2026 DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05 DEQ 9-1984, f. & ef. 5-29-84 DEQ 8-1983, f. & ef. 5-25-83 DEQ 10-1981, f. & ef. 3-20-81
340-071-0320 Split Waste Method Criteria for approval. In a split waste method, wastes may be disposed of as follows. (1) Black wastes may be disposed of using nonwater-carried plumbing units such as recirculating oil flush toilets or compost toilets approved by the State Building Codes Division. (2) Gray water may be disposed of by discharge to: (a) An existing onsite system which is not failing; (b) A new onsite system with a soil absorption facility 2/3rds normal size if a full-size initial absorption area and replacement absorption area of equal size are available; or (c) A public sewerage system. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.610, 454.615 & 454.775 History: DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05 DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95 DEQ 8-1983, f. & ef. 5-25-83 DEQ 10-1981, f. & ef. 3-20-81
340-071-0325 Gray Water Waste Disposal Sumps (1) Criteria for approval. (a) Hand-carried graywater may be disposed of in graywater waste disposal sumps that serve facilities, including but not limited to recreation parks, camp sites, or construction sites, if the projected daily graywater flow does not exceed 10 gallons per unit. Graywater or other sewage may not be piped to the graywater waste disposal sump. Where projected daily sewage flow exceeds 10 gallons per unit, graywater must be disposed of in facilities meeting requirements of OAR 340-071-0320(2). (b) Graywater sumps may be used where the agent determines they will not create a nuisance or public health hazard. (c) Up to four graywater waste disposal sumps may be constructed on the same property and at the same time for each construction permit. The sumps must meet minimum separation distances in Table 8. (2) In campgrounds or other public use areas, graywater waste disposal sumps must be identified as "sink waste disposal" by placard or sign in letters at least 3 inches in height and in a color contrasting with the background. (3) Design and construction details for the graywater waste disposal sumps must be submitted with the permit application. At a minimum, the sump design concepts must include a receiving chamber with screen, settling chamber with tee fitting that extends about a third of the depth of the clear zone, and an absorption facility. The absorption facility may be a shallow seepage chamber or absorption trench, depending on site conditions or other considerations. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.610, 454.615 & 454.775 History: 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 27-1994, f. 11-15-94, cert. ef. 4-1-95 DEQ 19-1981, f. 7-23-81, ef. 7-27-81 DEQ 10-1981, f. & ef. 3-20-81
340-071-0330 Nonwater-Carried Systems (1) A person may not cause or allow the installation, placement, or use of a nonwater-carried waste disposal facility without a letter of authorization or permit from the agent, except as this section specifies. (a) Temporary-use pit privies used on farms for farm labor do not require agent approval. (b) A sewage disposal service business licensed under OAR 340-071-0600 may install portable toilets without the agent’s written approval if all other requirements of this rule except Table 8 setbacks are met. (2) Nonwater-carried waste disposal facilities may be approved for temporary or limited-use areas, including but not limited to recreation parks, camp sites, farm labor camps, or construction sites, if: (a) All liquid wastes can be handled in a manner to prevent a public health hazard and to protect public waters; and (b) The separation distances in Table 8 can be met. (3) Construction. Nonwater-carried waste disposal facilities must be constructed under OAR 340-073-0065 through 340-073-0075. (4) Maintenance. Nonwater-carried waste disposal facilities must be maintained to prevent health hazards and polluting public waters. (5) General. A person may not place water-carried sewage in nonwater-carried waste disposal facilities. The contents of nonwater-carried waste disposal facilities must be removed by a licensed sewage disposal service with a pumper license and taken to an authorized treatment site. (6) Pit privy. (a) Unsealed earth-pit type privies may be approved where the highest level attained by groundwater is not closer than 4 feet below the bottom of the privy pit. (b) The privy must be constructed to prevent surface water from running into the pit. (c) When the pit becomes filled to within 16 inches of the ground surface, a new pit must be excavated and the old pit backfilled with at least 2 feet of earth. (7) A person may not cause or allow the installation or use of a portable toilet unless a valid and effective contract with a pumping service licensed under OAR 340-071-0600, covers pumping or cleaning the toilet. Each portable toilet must display the name of the pumping service responsible for servicing. [NOTE: All tables are found in OAR 340-071-0800.] Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.615 & 454.775 History: DEQ 46-2017, minor correction filed 12/14/2017, effective 12/14/2017 DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017 DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05 DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95 DEQ 9-1984, f. & ef. 5-29-84 DEQ 8-1983, f. & ef. 5-25-83 DEQ 5-1982, f. & ef. 3-9-82 DEQ 10-1981, f. & ef. 3-20-81
340-071-0335 Cesspools and Seepage Pits (1) A person may not construct new cesspool sewage disposal systems in Oregon. (2) Seepage pit sewage disposal systems may be used only to serve existing sewage loads and replace existing failing seepage pit and cesspool systems on lots that are too small to accommodate a standard system or other alternative onsite system. (3) Construction requirements. (a) Each seepage pit must be installed in a location to facilitate future connection to a sewerage system when such facilities become available. (b) Maximum depth of seepage pits is 35 feet below ground surface. (c) The seepage pit depth must terminate at least 4 feet above the water table. (4) Notwithstanding the permit duration specified in OAR 340-071-0160(5), a permit issued under this rule may be effective for a period of less than one year from the date of issue if specified by the agent. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.615 & 454.775 History: 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 27-1994, f. 11-15-94, cert. ef. 4-1-95 DEQ 16-1986, f. & ef. 9-16-86 DEQ 8-1986(Temp), f. & ef. 4-29-86 DEQ 2-1985, f. & ef. 2-1-85 DEQ 1-1985(Temp), f. & ef. 1-2-85 DEQ 8-1982, f. & ef. 4-20-82 DEQ 6-1982(Temp), f. & ef. 3-19-82 Reverted to DEQ 10-1981, f. & ef. 3-20-81 DEQ 21-1981(Temp), f. & ef. 9-1-81 DEQ 10-1981, f. & ef. 3-20-81