reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0445 - Variance Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
DEQ may review all records and files of variance officers to
				determine compliance with these rules.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS
				  454.660
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0460 - Moratorium Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0500 - Community Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0520 - Large Systems

Current through Register Vol. 63, No. 7, July 1, 2024
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 or siphons.
(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
			 or siphons.
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0600 - Sewage Disposal Service Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) License required. A person may not
			 perform sewage disposal services or advertise or represent himself as being in
			 the business of performing such services without a valid license issued by DEQ
			 to perform those services. A separate license is required for each business,
			 organization, or other person conducting sewage disposal services.
(2) Types of licenses. DEQ may issue three
			 types of sewage disposal service licenses.
(a) Installer license. An installer license
			 is required for any person to construct or install onsite systems or parts of
			 onsite systems or to perform the grading, excavating, or earth-moving work
			 associated with constructing or installing onsite systems.
(b) Pumper license. A pumper license is
			 required for any person to pump out or clean onsite systems, including portable
			 toilets or any part of them, and to dispose of the material derived from
			 pumping out or cleaning onsite systems or portable toilets.
(c) Installer/pumper license. The combined
			 installer/pumper license authorizes a person to perform the work authorized by
			 the installer and the pumper licenses.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0650 - Training and Certification Requirements for System Installers and Maintenance Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Certification required.
(a) A person who
			 supervises or is responsible for constructing or installing onsite systems must
			 be a certified installer unless the person is the permittee for constructing or
			 installing the system or the permittee's regular employee.
(b) A maintenance provider who inspects,
			 maintains, or certifies or supervises maintenance on onsite systems using
			 alternative treatment technologies, recirculating gravel filters, sand filters,
			 or pressurized distribution systems must be certified as a maintenance
			 provider.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0800 - Tables

Current through Register Vol. 63, No. 7, July 1, 2024
Tables for Division 071.
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,
				  454.780,
				  468.035,
				  468.045,
				  468.065,
				  468B.050,
				  468B.055 &
				  468B.080
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 73 - CONSTRUCTION STANDARDS › Section 340-073-0025 - Tank Construction

Current through Register Vol. 63, No. 7, July 1, 2024
The following construction and manufacturing requirements apply
				to all septic tanks, holding tanks, dosing tanks, multiple-compartment
				combination septic and dosing tanks, and dosing septic tanks manufactured for
				use in Oregon unless specifically exempted by OAR chapter 340, divisions 071 or
				073.
(1) Compartments. Tanks may have
			 single or multiple compartments.
(a)
			 Single-compartment tanks and multiple-compartment tanks must meet or exceed the
			 minimum volume requirements described in OAR 340, divisions 071 and
			 073.
(b) Multiple-compartment tanks
			 must comply with the following requirements:
(A) The liquid capacity of the first
			 compartment must be at least 2/3 of the total required liquid capacity, as
			 measured from the invert elevation of the first compartment's outlet Tee
			 fitting;
(B) A compartment may not
			 have an inside horizontal dimension of less than 24 inches.
(c) The liquid depth of any
			 compartment must be at least 30 inches. Liquid depths greater than 72 inches
			 may not be considered in determining the working liquid capacity unless the
			 tank has a capacity greater than 3,000 gallons.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 73 - CONSTRUCTION STANDARDS › Section 340-073-0026 - Septic Tanks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Septic tanks
			 must be constructed of concrete, fiberglass, steel, or other non-corrosive
			 materials approved by the department.
(2) Steel septic tanks must be manufactured
			 with 12-gauge or thicker steel. They must be coated inside and out with asphalt
			 or other protective coatings that meet the American National Standards
			 Institute UL 70 standard, Sections 25 through 43, or other coatings of equal or
			 better performance approved by the department.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS
				  454.615
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 73 - CONSTRUCTION STANDARDS › Section 340-073-0030 - Dosing Septic Tank

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 dosing septic tank may discharge effluent with a pump or dosing siphon 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 siphon selection, installation of the
			 pump or siphon vault and screen, pump control and alarm levels, and the
			 watertight pass-through methods for electrical wiring and pipe.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 73 - CONSTRUCTION STANDARDS › Section 340-073-0035 - Distribution Boxes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Distribution
			 boxes must be constructed of concrete, fiberglass, or other materials
			 acceptable to the department.
(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 the
			 department.
(5) Distribution box
			 covers must be marked with the manufacturer's full business name or number
			 assigned by the department.
(6)
			 Each manufacturer must provide the department 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.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS
				  454.615
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 73 - CONSTRUCTION STANDARDS › Section 340-073-0040 - Drop Boxes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Drop boxes
			 must be constructed of concrete, fiberglass, or other materials acceptable to
			 the department.
(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 the
			 department.
(5) Each manufacturer
			 must provide the department 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.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS
				  454.615
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 73 - CONSTRUCTION STANDARDS › Section 340-073-0041 - Filter Fabric

Current through Register Vol. 63, No. 7, July 1, 2024
Except as otherwise allowed by the department, filter fabric
				used as a barrier between the lower lens of drain media and the medium sand in
				a conventional sand filter system must meet the following
				specifications:
(1) Material synthetic
			 fabric, either spunbonded or woven.
(2) Burst strength not less than 25
			 psi.
(3) Air permeability not less
			 than 500 cfm per sq. ft.
(4) Water
			 flow rate not less than 500 gpm per sq. ft. at 3 inches of head.
(5) Hydrophilic surface reaction to
			 water.
(6) Equivalent opening size
			 of 70 to 100 sieve.
(7) Chemical
			 properties:
(a) Nonbiodegradable.
(b) Resistant to acids and alkalies within a
			 pH range of 4 to 10.
(c) Resistant
			 to common solvents.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 73 - CONSTRUCTION STANDARDS › Section 340-073-0045 - Diversion Valves

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS
				  454.615
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 73 - CONSTRUCTION STANDARDS › Section 340-073-0050 - Distribution Boxes, Drop Boxes, and Diversion Valves: Dosing Tanks

Current through Register Vol. 63, No. 7, July 1, 2024
(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 projected daily sewage flow for flows up to 1,200 gallons per day.
			 The department will determine tank sizing for dosing tanks with projected daily
			 sewage 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 or siphon 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 340, divisions 071 and
			 073.
(5) The installation manual
			 described in OAR 340-073-0025(13)  must include additional information about
			 siphon selection, installation of the pump or siphon screen, pump control and
			 alarm levels, and the watertight pass-through methods for electric wiring and
			 pipe.
(6) Dosing tanks with siphons
			 must be designed and sized for each specific project. The tank manufacturer
			 must specify the type or model of siphon, screen, and related apparatus that
			 are compatible with each dosing tank.
(7) The inlet fitting must extend below the
			 lowest operating level of the pump or siphon.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  454.625 &
				  468.020
Statutes/Other Implemented: ORS
				  454.615
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 73 - CONSTRUCTION STANDARDS › Section 340-073-0056 - Effluent Filters

Current through Register Vol. 63, No. 7, July 1, 2024
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 department approval, the
			 manufacturer of an effluent filter must provide the department 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.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS
				  454.615
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 73 - CONSTRUCTION STANDARDS › Section 340-073-0065 - Privies and Portable Toilet Shelters

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 73 - CONSTRUCTION STANDARDS › Section 340-073-0070 - Unsealed Earth Pits for Privies

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.615 &
				  454.775
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 73 - CONSTRUCTION STANDARDS › Section 340-073-0075 - Self-Contained Nonwater-Carried Toilet Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(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 the
			 department, 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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 73 - CONSTRUCTION STANDARDS › Section 340-073-0080 - Construction of Gray Water Waste Disposal Sumps

Current through Register Vol. 63, No. 7, July 1, 2024
A gray water waste disposal sump must consist of a receiving
				chamber, settling chamber, and either a seepage chamber or absorption
				trench.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.610, 454.615 &
				  454.775
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 73 - CONSTRUCTION STANDARDS › Section 340-073-0085 - Non-water-Carried Waste Disposal Facilities, Materials, and Construction: Flexible Membrane Liners for Sand Filters Treating Septic Tank Effluent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unsupported
			 polyvinyl chloride (PVC) must have the following properties (Property - Test
			 Method).
(a) Thickness - ASTM D1593, Para
			 9.1.3, 30 mil, minimum
(b) Specific
			 Gravity (minimum) - ASTM D792, Method A
(c) Minimum Tensile Properties (each
			 direction) - ASTM D882:
(A) Breaking Factor
			 (pounds/inch width) - Method A or B (1 inch wide), 69
(B) Elongation at Break (percent) - Method A
			 or B, 300;
(C) Modulus (force) at
			 100% Elongation (pounds/inch width) - Method A or B, 27;
(d) Tear Resistance (pounds, minimum) - ASTM
			 D1004, Die C, 8
(e) Low Temperature
			 - ASTM D1790, -20° F
(f)
			 Dimensional Stability (each direction, percent change maximum) - ASTM D1204,
			 212° F;, 15 min., ± 5
(g) Water Extraction - ASTM D1239, 0.35%
			 max;
(h) Volatile Loss - ASTM
			 D1203, Method A, 0.7% max;
(i)
			 Resistance to Soil Burial (percent change maximum in original value) - ASTM
			 D3083:
(A) Breaking Factor, -5;
(B) Elongation at Break, -20;
(C) Modulus at 100% Elongation, ±
			 10.
(j) Bonded Seam
			 Strength (factory seam, breaking factor, ppi width) - ASTM D3083,
			 55.2
(k) Hydrostatic Resistance -
			 ASTM D751, Method A, 82.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 81 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR WATER POLLUTION CONTROL FACILITIES › Section 340-081-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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 andORS 468.195 et seq.
Stat. Auth.:ORS 468
Stats. Implemented:ORS 468.423 -ORS
				  468.440
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 81 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR WATER POLLUTION CONTROL FACILITIES › Section 340-081-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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 inORS
			 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.
Stat. Auth.:ORS 468
Stats. Implemented:ORS 468.423 -ORS
				  468.440
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 81 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR WATER POLLUTION CONTROL FACILITIES › Section 340-081-0015 - Eligible Projects

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.:ORS 468
Stats. Implemented:ORS 468.423 -ORS
				  468.440
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 81 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR WATER POLLUTION CONTROL FACILITIES › Section 340-081-0020 - Eligible Costs

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.:ORS 468.195 -ORS 468.220
Stats. Implemented:ORS 468.423 -ORS
				  468.440
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 81 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR WATER POLLUTION CONTROL FACILITIES › Section 340-081-0026 - Nature and Limitations of Financial Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 81 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR WATER POLLUTION CONTROL FACILITIES › Section 340-081-0031 - Preliminary Request for Financial Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 81 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR WATER POLLUTION CONTROL FACILITIES › Section 340-081-0036 - Prioritization of Preliminary Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 81 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR WATER POLLUTION CONTROL FACILITIES › Section 340-081-0041 - Priority Point Schedule

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 81 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR WATER POLLUTION CONTROL FACILITIES › Section 340-081-0046 - Execution of Loan Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.:ORS 468.195 -ORS 468.220
Stats. Implemented:ORS 468.423 -ORS
				  468.440
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 81 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR WATER POLLUTION CONTROL FACILITIES › Section 340-081-0051 - Loan Closing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.:ORS 468
Stats. Implemented:ORS 468.423 -ORS
				  468.440
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 81 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR WATER POLLUTION CONTROL FACILITIES › Section 340-081-0100 - Rejection of Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may reject any loan application if:
(a) The security proposed is judged to be
			 inadequate to protect the state's interest, or the project does not appear to
			 be conservatively self-supporting and self-liquidating from revenues, gifts,
			 grants from the federal government, user charges, assessments, and other
			 fees;
(b) The project does not
			 comply with the requirements of ORS Chapters 454 and 468 and rules adopted by
			 the Environmental Quality Commission pursuant to these chapters.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 81 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR WATER POLLUTION CONTROL FACILITIES › Section 340-081-0110 - Assessment Deferral Loan Program Revolving Fund

Current through Register Vol. 63, No. 7, July 1, 2024
Purpose. The Department will establish and administer an
				Assessment Deferral Loan Program Revolving Fund for the purpose of providing
				assistance to property owners who will experience extreme financial hardship
				from payment of sewer assessments. Assessment deferrals will be made available
				to qualifying property owners from approved assessment deferral loan program
				administered by public agencies:
(1)
			 Loans from the Assessment Deferral Loan Program Revolving Fund may be made to
			 provide funds for assessment deferral loan programs administered by public
			 agencies that meet all of the following conditions:
(a) The public agency is required by federal
			 grant agreement or by an order issued by the Commission or the Oregon Health
			 Division to construct a sewage collection system, and sewer assessments or
			 charges in lieu of assessments levied against some benefitted properties will
			 subject property owners to extreme financial hardship;
(b) The public agency has adopted an
			 assessment deferral loan program and the Commission has approved the program;
			 and
(c) The sewage collection
			 system meets the requirement of Section 2 Article XI-H of the Oregon
			 Constitution regarding eligibility of pollution control bond funds.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 82 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR POLLUTION CONTROL FACILITIES FOR THE DISPOSAL OF SOLID WASTE › Section 340-082-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to prescribe requirements and
				procedures for obtaining state financial assistance for planning and
				construction of pollution control facilities for the disposal of solid waste
				pursuant to Article XI-H of the Oregon Constitution, and to provide for
				pass-through of federal funds to designated agencies.
Stat. Auth.:ORS 468
Stats. Implemented:ORS 468.195 -ORS
				  468.272
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 82 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR POLLUTION CONTROL FACILITIES FOR THE DISPOSAL OF SOLID WASTE › Section 340-082-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules unless otherwise required by
				context:
(1) "Department" means
			 Department of Environmental Quality. Department actions shall be taken by the
			 Director as defined herein.
(2)
			 "Commission" means Environmental Quality Commission.
(3) "Director" means Director of the
			 Department of Environmental Quality or his authorized deputies or
			 officers.
(4) "Agency" means
			 municipal corporation, city, county, or agency of the State of Oregon, or
			 combination thereof, applying or contracting for state financial assistance
			 under these rules.
(5) "EPA" means
			 U.S. Environmental Protection Agency.
(6) "Designated Agency" means a governmental
			 unit designated by the state as a planning or implementing solid waste agency,
			 or both.
Stat. Auth.:ORS 468
Stats. Implemented:ORS 468.195 -ORS
				  468.272
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 82 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR POLLUTION CONTROL FACILITIES FOR THE DISPOSAL OF SOLID WASTE › Section 340-082-0015 - Eligible Projects and Project Priorities

Current through Register Vol. 63, No. 7, July 1, 2024
Projects eligible for state financial assistance underORS
				468.220 and priority ranking of such eligible projects will be based on the
				following criteria approved by the Commission:
(1) Projects eligible for state financial
			 assistance for pollution control facilities for the disposal of solid waste as
			 authorized in ORS 468.220 shall meet the following criteria:
(a) The project or facility is part or parcel
			 of or complementary to a Department approved and locally adopted Solid Waste
			 Management Plan;
(b) The project or
			 facility has proven or demonstrated technical feasibility;
(c) The project or facility is within local
			 economic constraints and abilities to administer;
(d) The project or facility must be approved
			 by the Department.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 82 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR POLLUTION CONTROL FACILITIES FOR THE DISPOSAL OF SOLID WASTE › Section 340-082-0020 - Eligible Costs

Current through Register Vol. 63, No. 7, July 1, 2024
Eligible costs for state assistance for planning and
				construction of pollution control facilities for the disposal of solid wastes
				shall include but not necessarily be limited to:
(1) Land acquisition limited to that minimum
			 amount of land necessary to the project.
(2) Engineering costs for design and
			 supervision.
(3) Legal assistance
			 directly related to project.
(4)
			 Construction:
(a) Site development;
(b) Structures (including earth
			 structures);
(c) Fixed
			 utilities.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 82 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR POLLUTION CONTROL FACILITIES FOR THE DISPOSAL OF SOLID WASTE › Section 340-082-0025 - Special Considerations on Eligible Costs For Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
Equipment purchases for solid waste disposal facilities with
				state assistance shall be given special consideration. Intended equipment
				purchases shall be itemized in the grant-loan application and the applicability
				of each individual piece of equipment to the project or facility clearly
				outlined for Department review. The following criteria shall be applied by the
				Department to equipment purchases:
(1)
			 Equipment purchases shall be limited to initial purchases only and eligibility
			 restricted to only that equipment necessary to sustain the performance of the
			 project or facility.
(2) Equipment
			 required, whether for processing or landfilling of solid wastes, that has an
			 expected useful or mechanical life less than the anticipated life of the
			 project will require a sinking fund or equivalent replacement fund in the
			 submitted project budget for such equipment replacement throughout the life of
			 the project.
(3) All major
			 equipment purchases shall be done through open bidding on specified types or
			 equivalents of equipment. Specifications on major equipment needs shall be
			 reviewed by the Department prior to purchase.
(4) Equipment purchases less than $1,500
			 (small tools, office equipment, etc.) do not require specifications but must be
			 reviewed and approved by the Department.
Stat. Auth.:ORS 468
Stats. Implemented:ORS 468.195 -ORS
				  468.272
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 82 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR POLLUTION CONTROL FACILITIES FOR THE DISPOSAL OF SOLID WASTE › Section 340-082-0030 - Application Documents

Current through Register Vol. 63, No. 7, July 1, 2024
The representative of an agency wishing to apply for state
				financial assistance under these regulations shall submit to the Department
				three signed copies of each of the following completed documents:
(1) Department Solid Waste Management
			 Projects Grant-Loan application form currently in use by the Department at the
			 time of the application for state financial assistance. This form will be
			 provided by the Department upon request.
(2) All applications for federal financial
			 assistance to the solid waste projects for which state financial assistance is
			 being requested.
(3) Resolution of
			 the agency's governing body authorizing an official of the agency to apply for
			 state and federal financial assistance and to act in behalf of the agency in
			 all matters pertaining to any agreements which may be consummated with the
			 Department or with EPA or other federal agencies.
(4) Five year projection of the agency's
			 estimated revenues and expenses related to the project (on forms provided by
			 the Department).
(5) An ordinance
			 or resolution of the agency's governing body establishing solid waste disposal
			 user rates, and other charges for the facilities to be constructed.
(6) A legal opinion of the agency's attorney
			 establishing the legal authority of the agency to enter into a financial
			 assistance agreement together with copies of applicable agency ordinance and
			 charter sections.
(7) A waste
			 reduction plan which is consistent withORS 459.055(3)(a) through (f).
(8) An application is not deemed to be
			 completed until any additional information requested by the Department is
			 submitted by the agency.
(9)
			 Applications for financial assistance for planning under ORS 468.220(1)(e)
			 shall be on special forms provided by the Department and shall be accompanied
			 by a resolution of the agency's governing body.
Stat. Auth.:ORS 459.055,ORS 459.305 &ORS 468.220
Stats. Implemented:ORS 468.195 -ORS
				  468.272
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 82 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR POLLUTION CONTROL FACILITIES FOR THE DISPOSAL OF SOLID WASTE › Section 340-082-0035 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
Application documents will be reviewed by the Department staff
				to determine that: the proposed facilities for which state funds are requested
				are eligible under these regulations and applicable Oregon statutes; the
				proposed sources of local revenue to be pledged to the retirement of state
				loans are acceptable and adequate under the statutes; the facilities for which
				state financing is requested will be self-supporting and self-liquidating from
				approved revenues, gifts, user charges, assessments, and other fees; and
				federal or state assistance funds are assured, or local funds are available,
				for the completion of the project.
Stat. Auth.:ORS 468
Stats. Implemented:ORS 468.195 -ORS
				  468.272