justicedao/ipfs_state_laws huggingface dataset:
340-071-0360 Absorption Trenches in Saprolite (1) General conditions for approval. An onsite system construction-installation permit may be issued for a single-family dwelling on a site with soil shallow to saprolite if requirements in either paragraph (a) or (b) of this section can be met. (a) If slope does not exceed 30 percent: (A) The saprolite is sufficiently weathered so that it can be textured, crushed, or broken with hand pressure to a depth of 24 inches and can be dug from a test pit wall with a spade or other hand tool to a depth of 48 inches; and (B) Clay films or iron coatings with moist values of 5 or less and moist chromas of 4 or more, organic coatings with moist values of 3 or less and moist chromas of 2 or more, or both occur on fracture surfaces of the saprolite to a depth of 48 inches. (b) If slope exceeds 30 percent but not 45 percent: (A) The saprolite is sufficiently weathered so that it can be textured, crushed, or broken with hand pressure to a depth of 24 inches and can be dug from a test pit wall with a spade or other hand tool to a depth of 60 inches; and (B) Clay films or iron coatings with moist values of 5 or less and moist chromas of 4 or more, organic coatings with moist values of 3 or less and moist chromas of 2 or more, or both occur on fracture surfaces of the saprolite to a depth of 60 inches. (c) For saprolite derived from granite or other deposits where clay films or iron coatings are not present, a soil absorption test and the degree of consolidation may be used to predict hydraulic conductivity of the saprolite. Agents may approve sites where conductivity is sufficiently high to ensure adequate drainage. Test methods must be acceptable to DEQ. (2) Construction Requirements. (a) Standard absorption trenches must be installed where slope does not exceed 30 percent. (A) The trenches must be installed at a minimum depth of 24 inches and a maximum depth of 30 inches below the natural soil surface and contain 12 inches of filter material and a minimum of 12 inches of native soil backfill. (B) The trenches must be sized at a minimum of 100 linear feet per 150 gallons sewage flow. (b) Seepage trenches must be installed where slope exceeds 30 percent but not 45 percent. (A) Seepage trenches must be installed at a minimum depth of 30 inches and at a maximum depth of 36 inches below the natural soil surface and contain a minimum of 18 inches of filter material and 12 inches of native soil backfill. (B) Seepage trenches 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 68-2018, minor correction filed 04/05/2018, effective 04/05/2018 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 15-1986, f. & ef. 8-6-86 DEQ 9-1984, f. & ef. 5-29-84
340-071-0410 Rural Area Consideration An agent may approve designing and constructing standard and alternative systems that depart from any standard in OAR 340-071-0220(1) (a) through (i) in designated rural zones if the following requirements are met: (1) The county designates specific rural zoning classifications for this rule. (2) The county designates a minimum parcel size of at least 10 acres. (3) The parcel as proposed or existing is at least 10 acres and does not have an accessible area approvable for a standard onsite system. (4) The permit is for an onsite system designed to serve a single family dwelling or a commercial facility allowed in the zone with a flow no greater than 600 gpd. (5) The onsite system will not create a public health hazard or pollute public waters. (6) Requiring strict compliance with standards in OAR 340-071-0220(1)(a) through (i) would in the agent’s judgment be unreasonable, burdensome, or impractical. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.615 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 10-1981, f. & ef. 3-20-81
340-071-0415 For Cause Variances (1) An applicant may request variances from any rule or standard in this division. (2) Variances. Variance officers the director appoints may, after a public hearing, grant variances from any rule in this division to permit applicants. (3) To grant a variance, the variance officer must find that the proposal demonstrates that the system design is equally or more protective to public health and the environment as the rules or standards in this division, and one of the following: (a) Strict compliance with the rule or standard is inappropriate; or (b) Special physical conditions render strict compliance unreasonable, burdensome, or impractical. (4) Applications. (a) A separate application for each site considered for a variance must be submitted to DEQ or the contract county as appropriate. (b) Each application must be signed by the owner of the property served by the system and include: (A) A site evaluation report, unless the variance officer waives it; (B) Plans and specifications for the proposed system; (C) The variance from onsite system rule fee in OAR 340-071-0140; and (D) Other information the variance officer determines is necessary for a decision. (5) An applicant for a variance is not required to pay the application fee if at the time of filing the applicant: (a) Is 65 years of age or older; (b) Is a resident of Oregon; (c) Has an annual household income, as defined in ORS 310.630, of $15,000 or less; and (d) Has not previously applied for a variance under this section. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.657, 454.660 & 454.662 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 9-1984, f. & ef. 5-29-84 DEQ 5-1982, f. & ef. 3-9-82 DEQ 10-1981, f. & ef. 3-20-81
340-071-0420 Hardship Variances (1) In cases of extreme and unusual hardship, the commission may, after a public hearing, grant hardship variances from rules or standards in this division to applicants for onsite permits. (2) Applications. (a) Applicants must submit applications for hardship variances to DEQ. (b) The application must document that: (A) A for cause variance under 340-071-0415 has been denied; and (B) An extreme or unusual hardship exists. (3) The commission may consider the following factors in reviewing an application for a variance based on hardship: (a) Applicant's advanced age or poor health; (b) Applicant's need to care for aged, incapacitated, or disabled relatives; and (c) Environmental impacts from the variance. (4) Hardship variances the commission grants include conditions such as: (a) Limiting permits to the life of the applicant; (b) Limiting the number of permanent residents using the system; and (c) Using experimental systems for specified periods of time. (5) DEQ will strive to aid and accommodate the needs of applicants for hardship variances. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.657 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 10-1981, f. & ef. 3-20-81
340-071-0425 Variance Officers (1) To qualify for appointment as a variance officer, an individual must: (a) Have the equivalent of five years of full time experience in onsite wastewater treatment methods since January 1, 1974; three years must have been in Oregon; and (b) Have attended a seminar, workshop, or short course pertaining to soils and their relationship to onsite wastewater treatment. (2) Contract counties may request appointment of county staff as variance officers. Statutory/Other Authority: ORS 454.625 Statutes/Other Implemented: ORS 454.660 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 12-1997, f. & cert. ef. 6-19-97 DEQ 10-1981, f. & ef. 3-20-81
340-071-0430 Variance Hearings and Decisions (1) A variance officer must hold a public information hearing on each variance application for a for cause or hardship variance within 30 days after receiving a completed application. (2) The hearing must be held in the county where the property described in the application is located. (3) The applicant must demonstrate the variance is warranted. (4) The variance officer must visit the site of the proposed system before conducting the hearing. (5) The variance officer or, for hardship variances, the commission, must grant or deny the variance within 45 days after the hearing is completed. A decision to grant a variance must include the location of the onsite system and the specifications and conditions of the variance. The system owner must comply with the conditions of the variance approval, including but not limited to ongoing sampling or reporting requirements, as deemed necessary by the variance officer or, for hardship variances, the commission, to ensure the intended performance of the system, until the system is decommissioned. Any costs associated with the conditions of approval is the sole responsibility of the system owner. (6) Except for hardship variances under OAR 340-071-0420, variances run with the land. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.660 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 10-1981, f. & ef. 3-20-81
340-071-0435 Variance Permit Issuance, Inspections, Certificate of Satisfactory Completion (1) The variance officer or, for hardship variances, DEQ must notify the appropriate agent in writing of each variance granted. (2) Agents must issue system construction-installation permits, perform inspections, and issue Certificates of Satisfactory Completion for systems that comply with the conditions of a variance decision. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.660 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 5-1982, f. & ef. 3-9-82 DEQ 10-1981, f. & ef. 3-20-81
340-071-0440 Variance Appeals (1) For cause variance approvals. Any person adversely affected by a variance officer’s approval of a variance under OAR 340-071-0415 may appeal that decision to the commission under ORS 454.660(1). The appeal must be in writing and submitted to the commission within 20 days of the variance officer’s approval of the variance. The written appeal must specify the grounds for the appeal. Any person adversely affected by the commission’s final order may appeal that decision to a circuit court under ORS 183.484. (2) For cause variance denials: Any person adversely affected by a variance officer’s denial of a variance under OAR 340-071-0415 may request a hearing on the variance officer’s decision. The request for hearing must be made in writing within 20 days of the date of the variance denial and must state the grounds for the request. The hearing will be conducted as a contested case hearing under ORS 183.413 through 183.470 and OAR chapter 340, division 011. (3) Hardship variances. Any person adversely affected by the commission’s approval or denial of a hardship variance under OAR 340-071-0420 may appeal that decision to a circuit court in accordance with ORS 183.484. Statutory/Other Authority: ORS 454.625 Statutes/Other Implemented: ORS 454.660 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 10-1981, f. & ef. 3-20-81
340-071-0445 Variance Administrative Review DEQ may review all records and files of variance officers to determine compliance with these rules. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.660 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 12-1997, f. & cert. ef. 6-19-97 DEQ 10-1981, f. & ef. 3-20-81
340-071-0460 Moratorium Areas (1) Under ORS 454.685, whenever the Commission finds that construction of subsurface, non-water-carried, or alternative onsite systems should be limited or prohibited in an area, it must issue an order limiting or prohibiting such construction. (2) The order may be issued only after public hearing for which more than 30 days’ notice is given to interested persons in the affected areas. (3) In issuing the order, the Commission must consider the factors for the proposed area in ORS 454.685. (4) A permit or site evaluation report may not be issued for construction of a new or expanded system in violation of any order of the Commission issued under this rule. Statutory/Other Authority: ORS 183.335, 454.625, 468.020, 468B.010 & 468B.020 Statutes/Other Implemented: ORS 454.685 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 4-1997, f. & cert. ef. 3-7-97 DEQ 20-1996(Temp), f. & cert. ef. 10-14-96 DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95 DEQ 3-1983, f. & ef. 4-18-83 DEQ 16-1982, f. & ef. 8-31-82 DEQ 10-1981, f. & ef. 3-20-81
340-071-0500 Community Systems (1) A person may not construct a community system without a permit. (2) Plans for all community systems must describe the system and how it is to be operated, maintained, and financed. (3) Community systems must satisfy the siting criteria in this division for standard or alternative systems. (4) Operation responsibility. Municipalities, homeowner associations, or associations of unit owners must operate and maintain community systems including conducting inspections annually or as required by a permit, Certificate of Satisfactory Completion, or these rules. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.615 & 468B.080 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 9-1984, f. & ef. 5-29-84 DEQ 5-1982, f. & ef. 3-9-82 DEQ 10-1981, f. & ef. 3-20-81
340-071-0520 Large Systems Unless DEQ authorizes otherwise, large systems must comply with the following requirements. (1) Large system absorption facilities must be designed with distribution to the cells by means of pumps. (2) The absorption area must be divided into relatively equal units. Each unit may receive no more than 1300 gallons of effluent per day. (3) The replacement (repair) absorption area must be divided into relatively equal units, with a replacement absorption area unit located adjacent to an initial absorption area unit. (4) Effluent distribution must alternate between the absorption area units. (5) Each system must have at least two pumps . (6) The applicant must provide a written assessment of the impact of the proposed system on the quality of public waters and public health, prepared by a registered geologist, a certified engineering geologist qualified as a hydrogeologist, or a subordinate under the direction of either, except as specifically exempted in ORS 672.535. (7) The owners of all new and existing large systems must register those systems with DEQ as Underground Injection Control (UIC) systems under OAR chapter 340, division 044. Large systems receiving domestic waste are regulated under this division. Drainfields receiving nondomestic waste are also regulated under the UIC rules. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.615 & 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 12-1997, f. & cert. ef. 6-19-97 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
340-071-0800 Tables Tables for Division 071. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 454.615, 454.625 & 468.020 Statutes/Other Implemented: ORS 454.775, 454.780, 454.784, 468.020, 454.605, 454.607, 454.610, 454.615, 454.625, 454.655, 454.665, 454.675, 454.695, 454.725, 454.745, 454.755, 468.035, 468.045, 468.065, 468B.050, 468B.055 & 468B.080 History: DEQ 30-2025, minor correction filed 10/22/2025, effective 10/22/2025 DEQ 29-2025, amend filed 10/01/2025, effective 01/01/2026 DEQ 21-2025, amend filed 07/23/2025, effective 11/01/2025 DEQ 11-2024, amend filed 07/15/2024, effective 08/01/2024 DEQ 12-2023, amend filed 09/13/2023, effective 11/01/2023 DEQ 15-2022, amend filed 09/06/2022, effective 11/01/2022 DEQ 15-2021, amend filed 09/30/2021, effective 11/01/2021 DEQ 16-2020, amend filed 07/29/2020, effective 08/01/2020 DEQ 22-2019, amend filed 09/27/2019, effective 09/27/2019 DEQ 193-2018, amend filed 09/17/2018, effective 09/17/2018 DEQ 31-2017, minor correction filed 11/29/2017, effective 11/29/2017 DEQ 16-2017, minor correction filed 11/01/2017, effective 11/01/2017 DEQ 15-2017, adopt filed 10/31/2017, effective 11/01/2017
340-073-0026 Septic Tanks Septic tanks must be constructed of concrete, fiberglass, or other non-corrosive materials approved by DEQ. 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
340-073-0030 Dosing Septic Tank (1) A dosing septic tank may discharge effluent with a pump from the clear zone at the outlet end of the tank. These may be considered for installations where the design flow does not exceed 600 gallons per day. (2) Special Configuration: (a) The minimum total primary volume of the tank must be 1,100 gallons for flows less than or equal to 450 gallons per day and 1,500 gallons for flows greater than 450 and up to 600 gallons per day. (b) The submerged volume at the lowest operating liquid level must be at least 900 gallons. The remaining capacity must be used to ensure optimum surge capacity and reserve storage capacity. (c) Liquid levels must be controlled in a manner that is consistent with pump dosing requirements described in OAR chapter 340, divisions 071 and 073.; (d) All apparatus must be constructed and installed to facilitate ease of service without having to alter any other component. (e) The installation manual described in OAR 340-073-0025(13) must include additional information about installation of the pump vault and screen, pump control and alarm levels, and the watertight pass-through methods for electrical wiring and pipe. 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 69-2018, minor correction filed 04/09/2018, effective 04/09/2018 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
340-073-0035 Distribution Boxes (1) Distribution boxes must be constructed of concrete, fiberglass, or other materials acceptable to DEQ. (2) Distribution boxes must be constructed of durable, watertight materials resistant to deterioration and be designed to accommodate watertight connections for the effluent sewer and header pipes. The top, walls, and bottom of concrete distribution boxes must be at least 1-1/2 inches thick. All distribution boxes must be able to support an earth load of at least 200 pounds per square foot. (3) The invert elevation of all outlets must be the same and must be at least 2 inches below the inlet invert. (4) Each distribution box must be provided with a sump extending at least 2 inches below the invert of the outlets unless otherwise authorized by DEQ. (5) Distribution box covers must be marked with the manufacturer's full business name or number assigned by DEQ. (6) Each manufacturer must provide DEQ with complete, detailed plans and specifications of the distribution box and must certify, in writing, that distribution boxes manufactured for use in onsite sewage systems in Oregon will comply with all requirements of this rule. Plans and specifications must be prepared under the supervision of and designed by a professional engineer licensed in accordance with ORS chapter 672. 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 5-1982, f. & ef. 3-9-82 DEQ 10-1981, f. & ef. 3-20-81
340-073-0040 Drop Boxes (1) Drop boxes must be constructed of concrete, fiberglass, or other materials acceptable to DEQ . (2) Drop boxes must be constructed of durable, watertight materials resistant to deterioration and be designed to accommodate watertight connections for the effluent sewer and header pipes. The top, walls, and bottom of concrete drop boxes must be at least 1-1/2 inches thick. All drop boxes must be able to support an earth load of at least 200 pounds per square foot. (3) The inverts of the inlet and overflow port must be at the same elevation. The invert of the header pipe port(s) leading to the absorption trench(es) must be 6 inches below the inlet invert. (4) Drop box covers must be marked with the manufacturer's full business name or number assigned by DEQ. (5) Each manufacturer must provide DEQ with complete, detailed plans and specifications of the drop box and must certify, in writing, that drop boxes manufactured for use in onsite systems in Oregon will comply with all requirements of this rule. Plans and specifications must be prepared under the supervision of and designed by a professional engineer licensed in accordance with ORS Chapter 672. 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 10-1981, f. & ef. 3-20-81
340-073-0045 Distribution Boxes, Drop Boxes, and Diversion Valves: Diversion Valves (1) Diversion valves must be constructed of material that is durable, corrosion-resistant, watertight, and designed to accommodate the inlet and outlet pipes in a secure and watertight manner. (2) Diversion valves must be constructed with access to finished grade and large enough to provide for ease of operation and service of valve. Statutory/Other Authority: ORS 454.625 & 468.020 Statutes/Other Implemented: ORS 454.615 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