Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0130 - General Standards, Prohibitions and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Protection of public waters from public
			 health hazards. An agent may not authorize installing or using a system that is
			 likely to pollute public waters or create a public health hazard. If, in the
			 judgment of the agent, the minimum standards in this division will not
			 adequately protect public waters or public health on a particular site, the
			 agent must require a system to meet requirements that are protective. This may
			 include but is not limited to increasing setbacks, increasing drainfield
			 sizing, or using an alternative system. The agent must provide the applicant
			 with a written statement of the specific reasons why more stringent
			 requirements are necessary.
(2)
			 Approved treatment and dispersal required. All wastewater must be treated and
			 dispersed in a manner approved under these rules.
(3) Prohibited discharges of wastewater. A
			 person may not discharge untreated or partially treated wastewater or septic
			 tank effluent directly or indirectly onto the ground surface or into public
			 waters. Such discharge constitutes a public health hazard and is
			 prohibited.
(4) Prohibited
			 discharges to systems. A person may not discharge into any system cooling
			 water, air conditioning water, water softener brine, groundwater, oil,
			 hazardous materials, roof drainage, or other aqueous or nonaqueous substances
			 that are detrimental to the system's performance or to groundwater.
(5) Increased flows prohibited. Except where
			 specifically allowed by this division, a person may not connect a dwelling or
			 commercial facility to a system if the total projected sewage flow would be
			 greater than that allowed under the original system construction-installation
			 permit.
(6) System capacity. Each
			 system must have adequate capacity to properly treat and disperse the maximum
			 projected daily sewage flow. The projected quantity of sewage flow must be
			 determined from OAR 340-071-0220  Table 2 or other information the agent
			 determines to be valid.
(7)
			 Material standards. All materials used in onsite systems must comply with
			 standards in this division and OAR chapter 340, division 073.
(8) Encumbrances. Before a permit to install
			 a new system may be issued, the site for the new system must be approved under
			 OAR 340-071-0150  and be free of encumbrances, such as easements or deed
			 restrictions, that could prevent the installation or operation of the system
			 from conforming with the rules of this division.
(9) Plumbing fixtures connected. All plumbing
			 fixtures in dwellings, commercial facilities, and other structures from which
			 sewage is or may be discharged must be connected to and discharge into an
			 approved area-wide sewerage system or an approved onsite system that is not
			 failing.
(10) Future connection to
			 sewerage system. DEQ encourages placing plumbing in buildings to facilitate
			 connection to a sewerage system in areas where a district has been formed to
			 provide sewerage facilities.
(11)
			 Property lines crossed: All or part of an onsite system, including areas for
			 future repair or replacement, may be located on one or more lots or parcels
			 different from the lot or parcel on which the facility the system serves is
			 located. The lots and parcels may be under the same or different ownership:
(a) For each lot or parcel different from and
			 under different ownership than the lot or parcel served, the owner of the lot
			 or parcel served must ensure that a utility easement and covenant against
			 conflicting uses is executed and recorded in such owner's favor, on a form the
			 agent approves, in the county land title records. The easements and covenants
			 must accommodate the parts of the system, including a 10-foot setback
			 surrounding the areas for future repair or replacement, that lie beyond the
			 property line of the facility served and must allow entry by the grantee,
			 successor, or assigns to install, maintain, and repair the system;
(b) For each lot or parcel different from,
			 but under the same ownership as, the lot or parcel served, the owner of the
			 property must execute and record in the county land title records, on a
			 DEQ-approved form, an easement and a covenant in favor of the State of Oregon:
(A) Allowing the state's officers, agents,
			 employees, and representatives to enter and inspect, including by excavation,
			 that portion of the system, including setbacks, on the servient lot or parcel;
(B) Agreeing not to put that
			 portion of the servient lot or parcel to a conflicting use; and
(C) Agreeing, upon severance of the lots or
			 parcels, to grant or reserve and record a utility easement and covenant against
			 conflicting uses, in a form DEQ approves, in favor of the owner of the lot or
			 parcel served by the system under subsection (a) of this section.