Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0135 - Approval of New or Innovative Technologies, Materials, or Designs for Onsite Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ
			 approval.
(a) Coordination with listing of
			 alternative treatment technologies, OAR 340-071-0345. Under OAR 340-071-0345,
			 DEQ maintains a list of alternative treatment technologies (ATTs) that have
			 been tested by an NSF/ANSI organization that meets the requirements of ISO/IEC
			 17025 - 2005. The ATT must meet the performance standards and other
			 requirements in OAR 340-071-0345. ATTs are usually separate treatment units
			 that are installed in onsite systems. Only listed ATTs may be installed under
			 the siting criteria in OAR 340-071-0345. This rule provides a process for
			 approving new or innovative technologies, materials, or designs for various
			 components of onsite systems, such as drainfield products or appurtenances.
			 Add-on treatment units, such as units to remove nitrogen following an ATT or
			 sand filter, may also be approved under this rule. However, DEQ does not intend
			 to approve alternatives to standard systems under this rule. Alternative
			 systems will need to be listed as ATTs under OAR 340-071-0345  or approved under
			 new rules in this division.
(b)
			 DEQ may approve new or innovative technologies, materials, or designs for
			 onsite systems pursuant to this rule if it determines they will protect public
			 health, safety, and waters of the state as effectively as systems authorized in
			 this division. DEQ must base approval on one or more of the following:
(A) A performance evaluation conducted under
			 section (3) of this rule that demonstrates the technology, material, or design
			 will achieve applicable performance standards in OAR chapter 340, divisions 071
			 and 073 and any additional standards DEQ determines are necessary to satisfy
			 the requirements of subsection (1)(b) of this rule.
(B) Documentation that the alternative
			 drainfield products are functionally equivalent to drainfield products DEQ
			 approves.
(C) Documentation that
			 the material used as a substitute for drain media in absorption trenches will
			 achieve the performance standards and design criteria in section (5) of this
			 rule.
(D) Certification of the new
			 material, technology, or design for proposed uses by NSF/ANSI, or another
			 program providing equivalent performance demonstration required by this rule
			 and approved by DEQ.
(c)
			 DEQ may approve or deny a request for approval of a new or innovative
			 technology, material, or design or may limit approval to those locations or
			 conditions for which achievement of standards has been demonstrated.
(d) DEQ may amend or revoke approval of a new
			 or innovative material, technology, or design if it determines:
(A) Approval was based on false or misleading
			 information;
(B) The material,
			 technology, or design no longer achieves performance standards for which it was
			 approved; or
(C) The manufacturer
			 is not meeting the requirements in this rule or conditions of the
			 approval.