340-053-0110 Permit Requirements for Graywater Reuse and Disposal Systems (1) Graywater reuse and disposal system WPCF general permits. Under OAR 340-045-0033, the department may issue general permits for certain categories of minor discharge sources or minor activities where individual WPCF permits are not necessary to adequately protect public health or the environment. The department will use the following categories when issuing a graywater reuse and disposal system WPCF general permit: (a) Tier 1 graywater reuse and disposal system WPCF general permit. (A) A graywater reuse and disposal system meeting the following criteria is eligible for coverage under a Tier 1 graywater reuse and disposal system WPCF general permit unless a specific geographic area graywater reuse and disposal system WPCF general permit is required: (i) Total graywater flow must not exceed 300 gallons per day; (ii) Graywater must only originate from a single family residence or residential duplex; and (iii) The system produces Type 1 graywater used only for subsurface irrigation. (B) A person requesting coverage under a Tier 1 graywater reuse and disposal system general permit must apply for permit coverage as directed by the general permit and pay fees as specified in OAR 340-045-0070. (C) Except in years when the Tier 1 graywater reuse and disposal system WPCF general permit is renewed, the department will waive or reduce the annual fee specified in OAR 340-045-0070 if an annual report for the previous year meeting the requirements of OAR 340-053-0080(14) is submitted timely to the department on a department-approved form. (b) Tier 2 graywater reuse and disposal system WPCF general permit. (A) A graywater reuse and disposal system meeting the following criteria is eligible for coverage under a Tier 2 graywater reuse and disposal system WPCF general permit unless a specific geographic area graywater reuse and disposal system WPCF general permit is required: (i) Total graywater flow must not exceed 1,200 gallons per day; (ii) Graywater originates from any residential, commercial or institutional structure; and (iii) The system only produces Type 1 or Type 2 graywater. (B) A person requesting coverage under a Tier 2 graywater reuse and disposal system WPCF general permit must apply for permit coverage as directed by the general permit and pay fees as specified in OAR 340-045-0070. In addition, the following information is required: (i) A system design plan meeting the requirements of OAR 340-053-0080(11); (ii) An operations and maintenance manual meeting the requirements of OAR 340-053-0080(13); (iii) A site evaluation report meeting the requirements of OAR 340-053-0080(15); (iv) For a system using performance-based treatment, treatment system plans and specifications showing how the system will meet the requirements in OAR 340-053-0090(3)(b); (v) For a system diverting graywater from an onsite wastewater treatment system approved under OAR 340-071, plans and specifications certified and signed by a professional engineer registered in accordance with ORS 672 or a wastewater specialist registered in accordance with ORS 700 to not result in a septic tank effluent concentration exceeding the criteria for residential strength wastewater; and (vi) Any other information requested by the department as necessary to evaluate the permit application. (C) The owner or operator of a graywater reuse and disposal system covered under a Tier 2 permit must submit to the department an annual report meeting the requirements of OAR 340-053-0080(14) on a form approved by the department as specified in the permit. (c) Specific geographic area graywater reuse and disposal system WPCF general permit. (A) When necessary to protect public health or the environment, the department may issue a graywater reuse and disposal system WPCF general permit that covers a specific geographic area. (B) A person required to be covered under a graywater reuse and disposal system WPCF general permit for a specific geographic area must apply for permit coverage as directed by the geographic area graywater reuse and disposal system WPCF general permit. (C) Except in years when the specific geographic graywater reuse and disposal system WPCF general permit is renewed, the department may waive or reduce the annual fee specified in OAR 340-045-0070 if an annual report for the previous year meeting the requirements of OAR 340-053-0080(14) is submitted timely to the department on a department-approved form. (2) Graywater reuse and disposal system WPCF individual permit (Tier 3 graywater reuse and disposal system WPCF individual permit). (a) Any person seeking to obtain a permit for a graywater reuse and disposal system that is not covered by a graywater reuse and disposal system WPCF general permit or any person not wishing to be covered by a general permit may apply for a graywater reuse and disposal system WPCF individual permit issued under OAR 340-045-0037. (b) To apply for a Tier 3 graywater reuse and disposal system WPCF individual permit or modify an existing individual permit, a person must submit the following information: (A) An application on a form approved by the department; (B) WPCF permit fees specified in Table 9D of OAR 340-071-0140, including the annual compliance determination fee for “Other systems with design capacities less than 20,000 gpd” or “Other systems with design capacities greater than 20,000 gpd”; (C) A system design plan meeting the requirements of OAR 340-053-0080(11); (D) An operations and maintenance manual meeting the requirements of OAR 340-053-0080(13); (E) A copy of a site evaluation report meeting the requirements of OAR 340-053-0080(15); (F) For any system producing Type 2 or Type 3 graywater, treatment system plans and specifications showing how the system will meet the requirements in OAR 340-053-0090(3)(b) for Type 2 graywater or OAR 340-053-0090(4)(b) for Type 3 graywater. For any system producing greater than 1,200 gallons per day, the plans and specifications must be signed by a professional engineer registered in accordance with ORS 672 or a wastewater specialist registered in accordance with ORS 700 and reviewed and approved in accordance with OAR chapter 340, division 52; (G) For a system diverting graywater from an onsite wastewater treatment system approved under OAR 340-071, plans and specifications certified and signed by a professional engineer registered in accordance with ORS 672 or a wastewater specialist registered in accordance with ORS 700 to not result in a septic tank effluent concentration exceeding the criteria for residential strength wastewater as defined in OAR 340-071-0100; and (H) Any other information requested by the department as necessary to complete the permit application. (c) Where allowed by the rules of this division, the applicant for a Tier 3 graywater reuse and disposal system WPCF individual permit may request permit conditions different from those described in this division. The request must describe how those alternate conditions will protect public health and the environment. (d) The department will review the information listed in subsection (3)(b) of this rule and determine permit conditions necessary to protect public health and the environment. At a minimum, permit conditions will include: (A) The monitoring requirements in OAR 340-053-0090; and (B) A requirement that the graywater system owner must submit an annual report to the department describing the effectiveness of the system to comply with the operations and maintenance plan, the permit limits and conditions, and the rules of this division. (3) Program agent. The department may enter an agreement with a local government authorizing that local government to become the department's agent for permitting graywater reuse and disposal systems, including receiving and processing applications, issuing permits, enforcing and performing required inspections. The department retains responsibility to develop specific geographic area graywater reuse and disposal system WPCF general permits and graywater reuse and disposal system WPCF individual permits. (a) A program agent must: (A) Agree to implement and operate a program consistent with the rules of this division; (B) Specify their geographic area of responsibility; (C) Submit to the department for approval a graywater program implementation plan that describes how their graywater program will meet the rules of this division; (D) Adopt and submit to the department a fee schedule for services rendered and permits issued; (E) Agree to forward the proceeds of a mutually established surcharge fee to the department to offset program administration and oversight costs; (F) When appropriate for the geography, climate or other environmental considerations of a specific geographic area, request the department develop one or more geographic permits authorizing graywater discharges in the area of authorization; (G) Provide permit applicants with information on how to apply for a permit; (H) Review permit applications for completeness and accuracy; (I) Approve or deny coverage under a graywater reuse and disposal system permit based on information submitted by the applicant; (J) Review and maintain any monitoring data or annual reports or both; (K) Maintain all records in accordance with the State Record Retention Schedule; (L) Provide the department an annual update with information on the number of applications for coverage under a permit as well as the location of any systems with new, renewed, expired or revoked coverage; and (M) Respond to any complaints associated with graywater discharges in their jurisdiction. (b) The department may: (A) Provide the agent with any necessary graywater forms or application materials; (B) Assist the agent in reviewing applications when requested; (C) Coordinate with the agent on renewing permit registrant coverage under newly issued general permits; (D) Evaluate and respond to any request for a specific geographic area graywater reuse and disposal system WPCF general permit or deny the request with appropriate justification; (E) Provide assistance, training and program guidance to the agent that ensures the program is being implemented consistently; and (F) Provide assistance to the agent with complaint response, system inspections, and enforcement. (c) The department and the agent must meet at least once annually to exchange information regarding permit administration, implementation, technical issues, training and program guidance. 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 15-2011, f. & cert. ef. 9-12-11