justicedao/ipfs_state_laws huggingface dataset:
340-073-0050 Distribution Boxes, Drop Boxes, and Diversion Valves: Dosing Tanks (1) Dosing tanks must meet the standards described in OAR 340-073-0025, except as otherwise allowed in this rule. (2) Each dosing tank employing one or more pumps must have a minimum liquid capacity equal to the design flow for flows up to 1,200 gallons per day. DEQ will determine tank sizing for dosing tanks with design flows greater than 1,200 gallons per day. The liquid capacity of dosing tanks must be as measured from the invert elevation of the inlet fitting. (3) Each dosing tank must be provided with a service access manhole having a minimum horizontal measurement of 18 inches. (4) Each dosing tank proposed to serve a commercial facility containing more than one pump must be provided with at least one service access manhole that provides adequate space to construct, install, service, and operate the equipment in accordance with the requirements of OAR chapter 340, divisions 071 and 073. (5) The installation manual described in OAR 340-073-0025(13) must include additional information about installation of the pump screen, pump control and alarm levels, and the watertight pass-through methods for electric wiring and pipe. (6) The inlet fitting must extend below the lowest operating level of the pump . [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.615 History: DEQ 29-2025, amend filed 10/01/2025, effective 01/01/2026 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 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
340-073-0056 Distribution Boxes, Drop Boxes, and Diversion Valves: Effluent Filters Effluent filters used in onsite systems must meet the following criteria. (1) Filters must be of durable, resilient, corrosion resistant, non-degradable materials resistant to deformation under normal operating conditions. (2) Filters must be designed to prevent the escape of sludge or scum during normal operation and in the event of a malfunction, including filter clogging. (3) The filter must retain all particles greater than 1/8 inch. (4) The filter assembly must baffle the sludge and scum layers to prevent the escape of gross solids during sludge bulking or gas ebullition. (5) Filters must be designed and positioned to allow for easy, trouble-free removal from and reinstallation to the screen apparatus from the assembly. (6) The assembly must be capable of withstanding stresses placed upon it by installation, operation, and service. (7) The assembly in the septic tank must perform as a conventional tank outlet that meets the requirements of OAR 340-073-0025(6) when the filter is removed. (8) The filter must be designed to handle the flow of the system it is to serve without excessive maintenance. For a single - family dwelling, maintenance is considered "excessive" when the filter requires service or cleaning more than one time per year. Service must be performed each time the tank is pumped and in accordance with the manufacturer's specifications. (9) To obtain DEQ approval, the manufacturer of an effluent filter must provide DEQ with the necessary technical data to show that the design and materials comply with this rule. The manufacturer must provide an operation and maintenance manual with each unit distributed. (10) Effluent filter units external to the tank must be watertight. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.615 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
340-073-0060 Distribution Boxes, Drop Boxes, and Diversion Valves: Pipe Materials and Construction (1) Effluent Sewer Pipe and Header Pipe: The effluent sewer and header must be constructed with materials that conform to state building sewer standards. The effluent sewer and header pipe must have a diameter of at least 3 inches. When the septic tank is fitted with an effluent filter, the nominal diameter of effluent sewer piping may be reduced to at least 1-1/4 inches. (2) Underdrain pipe. Underdrain pipe and fittings must meet or exceed Schedule 40. The underdrain pipe must be perforated in accordance with subsection (4)(d) of this rule or with 1/4-inch slots cut halfway through the pipe at 4 inches center to center. (3) Pressure transport pipe, pressure manifolds, and pressure lateral pipe and fittings must meet or exceed Schedule 40 and be pressure rated. High density polyethylene (HDPE) pipe must be pressure rated under the standards referenced in Chapter 17 of the Oregon Plumbing Specialty Code. Any transitional fittings between material must be manufactured for that purpose. (4) Distribution Pipe and Fittings. (a) Polyethylene distribution pipe in 10 foot lengths or greater must meet the current ASTM Specification F 667. Pipe and fittings must also pass a deflection test withstanding 350 pounds per foot without cracking or collapsing using the method in ASTM 2412. Pipe used in absorption facilities must be heavy duty. Markings must meet requirements in ASTM F 667. (b) Polyvinyl chloride (PVC) distribution and fittings must current ASTM Specification D 2729 . Pipe and fittings must pass a deflection test withstanding 350 pounds per foot without cracking or collapsing using the method found in ASTM 2412. Markings must meet requirements in ASTM Specification D 2729. (c) Polyethylene smooth wall distribution pipe in 10-foot length and fittings must meet ASTM Specification F 810. Pipe and fittings must also pass a deflection test of 350 pounds per foot without cracking or collapsing by using the method found in ASTM 2412. Markings shall meet the requirements in ASTM Specification F 810 , Section 9 . (d) The three types of plastic pipe described above must have two rows of holes spaced 120 degrees apart and 60 degrees on either side of a center line. For distribution pipe, a line of contrasting color must be provided on the outside of the pipe along the line furthest away and parallel to the two rows of perforations. Durable ink markings must cover at least 50% of the pipe. Markings may consist of a solid line, letters, or a combination of the two. Intervals between markings must not exceed 12 inches. The holes of each row may not be more than 5 inches on center and must have a minimum diameter of 1/2 inch. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.615 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 9-1982, f. & ef. 6-16-82 DEQ 5-1982, f. & ef. 3-9-82 DEQ 10-1981, f. & ef. 3-20-81
340-073-0065 Non-water-Carried Waste Disposal Facilities, Materials, and Construction: Privies and Portable Toilet Shelters (1) Privies and portable toilet shelters must comply with the following general requirements. (a) Structures must be free of hostile surface features, such as exposed nail points, sharp edges, and rough or broken boards, and must provide privacy and protection from the elements. (b) Building ventilation must be equally divided between the bottom and top halves of the room and must be adequate to allow for the free escape of gases and odors. All vents must be screened with 16 mesh screen of durable material. (c) Buildings must be of fly-tight construction and must have self-closing doors with an inside latch. (d) Pits, tanks, or vaults must be vented to the outside atmosphere by a flue or vent stack having a minimum inside diameter of 4 inches. Vents must extend at least 12 inches above the roof. (e) Interior floors, walls, ceilings, partitions, and doors must be finished with readily cleanable, impervious materials resistant to wastes, cleansers, and chemicals. Floors and risers must be constructed of impervious material and prevent entry of vermin. (2) Portable Toilet Shelters. Portable toilet shelters may be prefabricated, skid mounted, or mobile. In addition to the requirements in section (1) of this rule, portable toilet shelters must: (a) Provide at least 1 square foot of screened ventilation to the outside atmosphere for each seat; (b) Provide at least 9 square feet of floor space for each seat; (c) Be furnished with a toilet tissue holder for each seat; (d) Be located in areas readily accessible to users and to pumping and cleaning services; and (e) Provide separate compartments with doors and partitions or walls of sufficient height to insure privacy in multiple-unit shelters except that separate compartments are not required for urinals. 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
340-073-0070 Non-water-Carried Waste Disposal Facilities, Materials, and Construction: Unsealed Earth Pits for Privies (1) The pit must be constructed with material and in a manner to prevent rapid deterioration, provide adequate capacity, and facilitate maintenance under ordinary use. (2) Unless otherwise approved by the agent, the pit must provide a capacity of 50 cubic feet for each seat installed in the privy building and must be at least 5 feet deep. The area within 16 inches of the surface grade may not be counted as part of the 50 cubic-foot capacity. (3) Pit cribbing must fit firmly and be in uniform contact with the earth walls on all sides and must rise at least 6 inches above the original ground line and descend to the full depth of the pit. Pit cribbing below the soil line may be omitted in rock formations. 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 10-1981, f. & ef. 3-20-81
340-073-0075 Non-water-Carried Waste Disposal Facilities, Materials, and Construction: Self-Contained Nonwater-Carried Toilet Facilities (1) General Standards. All self-contained, nonwater-carried toilet facilities must comply with the following requirements. (a) They must have water-tight chambers constructed of reinforced concrete, plastic, fiberglass, metal, or other material of acceptable durability and corrosion resistance, approved by DEQ, and designed to facilitate the removal of the wastes. (b) Black wastes must be stored in an appropriate chamber until removal for final treatment elsewhere. Wastes must be removed from the chamber whenever necessary to prevent overflow. (c) Chemicals containing heavy metals such as copper, cadmium, and zinc, must not be used in self-contained toilet facilities. (d) All surfaces subject to soiling must be impervious, easily cleanable, and readily accessible. (2) Vault Toilet Facilities. (a) The capacity of vaults must be at least 350 gallons or, in places of employment, 100 gallons per seat. (b) Caustic must be added routinely to vault chambers to control odors. (3) Chemical Toilet Facilities. (a) Toilet bowls must be constructed of stainless steel, plastic, fiberglass, ceramic, or other material approved by DEQ. (b) Waste passages must have smooth surfaces and be free of obstructions, recesses, or cross braces that would restrict or interfere with flow of black wastes. (c) Biocides and oxidants must be added to waste detention chambers at rates and - intervals recommended by the chemical manufacturer and approved by DEQ. (d) Chambers and receptacles must provide a minimum storage capacity of 50 gallons per seat. (e) Portable shelters housing chemical toilets must display the business name of the licensed sewage disposal service that is responsible for servicing them. 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 10-1981, f. & ef. 3-20-81
340-073-0080 Non-water-Carried Waste Disposal Facilities, Materials, and Construction: Construction of Gray Water Waste Disposal Sumps A gray water waste disposal sump must consist of a receiving chamber, settling chamber, and either a seepage chamber or absorption trench. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.610, 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 16-1986, f. & ef. 9-16-86 DEQ 8-1983, f. & ef. 5-25-83 DEQ 10-1981, f. & ef. 3-20-81
340-081-0005 Purpose The purpose of these rules is to prescribe procedures and requirements for obtaining state financial assistance for the construction of water pollution control facilities pursuant to Article XI-H of the Oregon Constitution and ORS 468.195 et seq. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468.423 - 468.440 History: DEQ 2-1983, f. & ef. 3-11-83 DEQ 30-1981, f. & ef. 10-19-81 DEQ 25, f. & ef. 2-11-71
340-081-0010 Definitions As used in these rules, unless otherwise required by context: (1) “Commission” means the Environmental Quality Commission. (2) “Department” means the Department of Environmental Quality. Department actions shall be taken by the Director as defined herein. (3) “Director” means the Director of the Department of Environmental Quality as defined in ORS 468.040 and 468.045. (4) “Loan” means any advance of funds from the Pollution Control Fund to a public agency pursuant to a signed agreement wherein the public agency obligates itself to repay the funds received in full together with accumulated interest in accordance with a schedule to be set forth in the agreement. (5) “Public Agency” means a municipal corporation, city, county, or agency of the State of Oregon, or combinations thereof, applying or contracting for state financial assistance under these rules. (6) “Sewerage Facilities” means facilities for the collection, conveyance, treatment, and ultimate disposal of sewage and includes collective sewers installed in public right-of-way, interceptor sewers, pumping stations and force mains, treatment works, outfall sewers, land treatment and disposal systems, sludge treatment, conditioning and disposal facilities, projects necessary to remove inflow and infiltration from sewer systems, and such other appurtenances as may be necessary to achieve an operable system for sewage treatment and disposal. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468.423 - 468.440 History: DEQ 2-1983, f. & ef. 3-11-83 DEQ 30-1981, f. & ef. 10-19-81 DEQ 25, f. & ef. 2-11-71
340-081-0015 Eligible Projects Projects eligible to receive financial assistance under these rules shall be: (1) Sewerage facilities as defined in OAR 340-081-0010 unless otherwise provided by law; and (2) Self supporting and self liquidating from revenues, gifts, grants from the federal government, user charges, assessments, and other fees. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468.423 - 468.440 History: DEQ 2-1983, f. & ef. 3-11-83 DEQ 30-1981, f. & ef. 10-19-81 DEQ 25, f. & ef. 2-11-71
340-081-0020 Eligible Costs Costs for planning, design, implementation, construction, essential land acquisition, financing and loan issuance costs, and related fiscal and legal costs may be included as eligible costs for projects receiving financial assistance unless otherwise provided by law. Costs shall be limited to those reasonable and necessary to complete an operable facility that will serve the projected population during the design life of the facility, consistent with the applicable Land Use Plan. Statutory/Other Authority: ORS 468.195 - 468.220 Statutes/Other Implemented: ORS 468.423 - 468.440 History: DEQ 3-1991, f. & cert. ef. 2-15-91 DEQ 37-1990(Temp), f. & cert. ef. 8-29-90 DEQ 2-1983, f. & ef. 3-11-83 Reverted to DEQ 30-1981, f. & ef. 10-19-81 DEQ 19-1982(Temp), f. & ef. 9-2-82 DEQ 30-1981, f. & ef. 10-19-81 DEQ 25, f. & ef. 2-11-71
340-081-0026 Nature and Limitations of Financial Assistance (1) Unless otherwise approved by the Legislature, Legislative Ways and Means Committee or Legislative Emergency Board, financial assistance shall be limited to loans. (2) Loans secured by means other than sale of General Obligation Bonds by the public agency shall be subject to approval by the Environmental Quality Commission. (3) Loans shall not exceed 100 percent of the eligible project cost. In the event the project receives grant or loan assistance from any other sources, the total of such assistance and any loan provided from the Pollution Control Fund shall not exceed 100 percent of eligible costs. (4) The loan interest rate paid by the public agency shall be equal to the interest rate on the state bonds from which the loan is made, except as provided in sections (5) and (6) of this rule. (5) The Department shall charge fees, purchase loans at a discount, or add to the rate of interest otherwise to be charged on loans a surcharge, in an amount reasonably calculated to permit the Department to recover its costs in issuing General Obligation Bonds to fund the loans, and its costs in acquiring the loans and administering the loans and the Pollution Control Fund. (6) The public agency must retire its debt obligation to the state at least as rapidly as the state bonds from which the loan funds are derived are to be retired; except that special debt service requirements on the public agency’s loan may be established by the Department when: (a) A debt requirement schedule longer than the state’s bond repayment schedule is legally required; or (b) Other special circumstances are present. (7) Interest and principal payments shall be due at least thirty days prior to the interest and principal payment dates established for the state bonds from which the loan is advanced. (8) Any excess loan funds held by the public agency following completion of the project for which funds are advanced shall be used for prepayment of loan principal and interest. Statutory/Other Authority: ORS 468.195 - 468.220 Statutes/Other Implemented: ORS 468.423 - 468.440 History: DEQ 3-1991, f. & cert. ef. 2-15-91 DEQ 37-1990(Temp), f. & cert. ef. 8-29-90 DEQ 2-1983, f. & ef. 3-11-83
340-081-0031 Preliminary Request for Financial Assistance (1) Public agencies desiring to receive financial assistance from the Department shall file a preliminary application. This application will set forth: (a) A description of the project for which funding assistance is desired; (b) A description of the pollution control problem that the project will assist in resolving; (c) The estimated cost of the project; (d) The schedule for the project including the schedule for a bond election if one is necessary; (e) The funding sources for the project; (f) The method for securing the loan being requested from the Department; (g) Such other information as the Department deems necessary. (2) Preliminary applications may be filed with the Department at any time. (3) The Department may give notice of intent to receive preliminary applications by a date certain in order to prepare a priority list if such lists becomes necessary to allocate anticipated available funds. (4) This section shall not apply to financial assistance which the Department provides pursuant to a long-term, written agreement with a public agency. Statutory/Other Authority: ORS 468.195 - 468.220 Statutes/Other Implemented: ORS 468.423 - 468.440 History: DEQ 3-1991, f. & cert. ef. 2-15-91 DEQ 37-1990(Temp), f. & cert. ef. 8-29-90 DEQ 2-1983, f. & ef. 3-11-83
340-081-0036 Prioritization of Preliminary Applications (1) If it appears that the potential requests for financial assistance may exceed the funds available, the Department shall notify potential applicants of the deadline for submitting preliminary applications to receive consideration in the prioritization process. Such prioritization will generally occur no more frequently than once per year. To the extent possible, the prioritization process will be completed in February in order to mesh with local budget processes and facilitate project initiation during favorable construction weather. (2) The process for prioritization shall be as follows: (a) Each project shall be assigned points based on the schedule contained in OAR 340-081-0041; (b) Projects shall be ranked by point total from highest to lowest with the project receiving the highest points being the highest priority for funding assistance. A fundable list shall then be established based on available funds; (c) The Department shall notify each public agency within the fundable range on the list and forward a draft loan agreement for review, completion, and execution; (d) If the loan agreement is not completed, executed, and returned to the Department within 60 days of notification, the public agency’s priority position for funding assistance during that year shall be forfeited, and the funds made available in order of priority to projects below the fundable line on the list. The 60-day time limit may be extended by the Department upon request of the applicant with a demonstration of need to complete required legal and administrative processes. (3) If funds remain after all qualifying applications on the list are funded, the Department may fund new requests from qualifying applicants on a first-come, first-serve basis. (4) This section shall not apply to financial assistance which the Department provides pursuant to a long-term, written agreement with a public agency. Statutory/Other Authority: ORS 468.195 - 468.220 Statutes/Other Implemented: ORS 468.423 - 468.440 History: DEQ 3-1991, f. & cert. ef. 2-15-91 DEQ 37-1990(Temp), f. & cert. ef. 8-29-90 DEQ 2-1983, f. & ef. 3-11-83
340-081-0041 Priority Point Schedule The priority points for each project shall be the total of the points assigned as follows: (1) Water pollution control regulatory emphasis — priority points will be the point value for regulatory emphasis as set forth in OAR 340-053-0015 (Table 1). (2) Sewerage Facility Costs — priority points will be calculated by totaling the: (a) Current year’s budgeted payment for debt service for sewerage facility bonds as reflected in the public agency’s adopted budget; (b) Current year’s budgeted expenditures for operation of sewerage facilities as reflected in the public agency’s adopted budget; (c) The equivalent annual cost for the project proposed to be constructed. The interest rate to be used by all projects deriving this cost will be determined by the Department. (d) And dividing the total by the population presently served by the public agency’s sewerage facilities. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468.423 - 468.440 History: DEQ 2-1983, f. & ef. 3-11-83
340-081-0046 Execution of Loan Agreement The loan agreement shall at a minimum specify: (1) The specific purpose for which funds are advanced. (2) The security to be provided. (3) The schedule for payment of interest and principal. (4) The source of funds to be pledged for repayment of the loan. (5) The additional approvals that must be obtained from the Department prior to advance of funds or start of construction. Statutory/Other Authority: ORS 468.195 - 468.220 Statutes/Other Implemented: ORS 468.423 - 468.440 History: DEQ 3-1991, f. & cert. ef. 2-15-91 DEQ 37-1990(Temp), f. & cert. ef. 8-29-90 DEQ 2-1983, f. & ef. 3-11-83
340-081-0051 Loan Closing (1) Upon final signature of the loan agreement by both the public agency and the Department, funds will be advanced in accordance with the terms of the loan agreement. (2) The Department may schedule final signature and advancement of funds as necessary to coordinate with the schedule for state bond sales. Statutory/Other Authority: ORS 468 Statutes/Other Implemented: ORS 468.423 - 468.440 History: DEQ 2-1983, f. & ef. 3-11-83