reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0130

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.770 & ORS 459.785
Stats. Implemented: ORS 459.775 & ORS
				  459.780
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0135

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.785
Stats. Implemented: ORS
				  459.780
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0150

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.775, ORS 459.780 & ORS
				  459.785
Stats. Implemented: ORS 459.775 & ORS
				  459.780
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0155

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.770, ORS 459.775, ORS 459.780 & ORS
				  459.785
Stats. Implemented: ORS 459.775 & ORS 459.780
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0160

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.770, ORS 459.775, ORS 459.780 & ORS
				  459.785
Stats. Implemented: ORS 459.775 & ORS
				  459.780
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0165

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.775, ORS 459.780 & ORS
				  459.785
Stats. Implemented: ORS 459.775 & ORS
				  459.780
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 64 - WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS (REPEALED) › Section 340-064-0170

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 459.785
Stats. Implemented: ORS
				  459.780
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0110 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish requirements for constructing, altering,
				repairing, operating, and maintaining onsite wastewater treatment systems.
				Their purpose is to restore and maintain the quality of public waters and to
				protect the public health and general welfare of the people of the State of
				Oregon.
Statutory/Other Authority: ORS
				  454.625 & 468.020
Statutes/Other Implemented: ORS
				  454.605 -
				  454.780
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0115 - Technical Review Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Director may form a Technical Review Committee (TRC) to advise and assist DEQ
			 in:
(a) Implementing the onsite wastewater
			 management program, including developing program improvements and rules; and
(b) Evaluating the use of new or
			 innovative technologies, materials, or designs that maintain or advance
			 protection of the quality of public waters and public health and general
			 welfare in Oregon. The TRC may use performance standards and criteria as
			 appropriate to evaluate the efficiency and safety of new technologies,
			 materials, or designs.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0120 - Jurisdiction and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ
			 may enter agreements with local governmental units authorizing those units to
			 become DEQ's agents for permitting onsite systems, including receiving and
			 processing applications, issuing permits, enforcing, and performing required
			 inspections for onsite systems that do not require WPCF permits. DEQ retains
			 those responsibilities for systems in nonagreement counties and for all systems
			 that require WPCF permits.
(2) Each
			 owner of real property is jointly and severally responsible for:
(a) Treating wastewater generated on that
			 property under the rules the commission adopts;
(b) Connecting all plumbing fixtures from
			 which wastewater is or may be discharged to a sewerage facility or onsite
			 system approved by DEQ or an agent;
(c) Maintaining, repairing, and replacing the
			 onsite system on that property as necessary to ensure proper operation of the
			 system; and
(d) Complying with all
			 requirements for constructing, installing, maintaining, replacing, and
			 repairing onsite systems required in this division and OAR chapter 340,
			 division 073.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0140 - Onsite System Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule establishes the fees for site evaluations, permits, reports, variances,
			 licenses, and other services DEQ provides under this division.
(2) Table 9A lists the site evaluation and
			 existing system evaluation fees. [NOTE: All tables are found in OAR
			 340-071-0800.]
(3) Tables 9B and 9C
			 list the permitting fees for systems not subject to WPCF permits. Online
			 submittals for annual report evaluation fees may apply when DEQ implements
			 online reporting. [NOTE: All tables are found in OAR 340-071-0800.]
(4) WPCF permit fees. Fees in this section
			 apply to WPCF permits issued under OAR 340-071-0162. Table 9D lists the WPCF
			 permit fees. [NOTE: All tables are found in OAR 340-071-0800.]
(5) Table 9F lists the innovative,
			 Alternative Technology and Material Plan Review fees. [NOTE: All tables are
			 found in OAR 340-071-0800.]
(6)
			 Table 9E lists the Sewage Disposal Service License and Truck Inspection fees.
			 [NOTE: All tables are found in OAR 340-071-0800.]
(7) Compliance Recovery Fee. When a violation
			 results in an application in order to comply with the requirements in this
			 division, the agent may require the applicant to pay a compliance recovery fee
			 in addition to the application fee. The amount of the compliance recovery fee
			 shall not exceed the application fee. Such violations include but are not
			 limited to installing a system without a permit, performing sewage disposal
			 services without a license, or failure to obtain an authorization notice when
			 it is required.
(8) Land Use Review
			 Fee. Land use review fees are listed in Table 9C and are assessed when an agent
			 review is required in association with a land use action or building permit
			 application and no approval is otherwise required in the division. [NOTE: All
			 tables are found in OAR 340-071-0800.]
(9) Contract county fee schedules.
(a) Each county having an agreement with DEQ
			 under ORS
			 454.725 must adopt a fee schedule for services rendered and permits issued. The county
			 fee schedule may not include DEQ's surcharge established in section (10) of
			 this rule unless identified as a DEQ surcharge.
(b) The county must submit a copy of the fee
			 schedule and any subsequent amendments to the schedule to DEQ.
(c) Fees may not exceed actual costs for
			 efficiently conducted services.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0150 - Site Evaluation Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A site evaluation is the first step in
			 the process of obtaining a construction-installation permit for an onsite
			 system. Except as otherwise provided in these rules, before obtaining a permit
			 to construct an onsite system, a person must obtain a site evaluation report
			 finding the site suitable for an onsite system under this division.
(2) Completed applications for site
			 evaluations must be submitted to the agent with all required exhibits and the
			 applicable site evaluation fee in OAR 340-071-0140(2).
(a) Unless DEQ approves other procedures for
			 a contract county, applicants must provide at least two test pits, with
			 dimensions and configuration as the agent directs, located approximately 75
			 feet apart and within the area of the proposed system, including the
			 repair/replacement area.
(b) The
			 fee paid for a site evaluation report covers as many site inspections within
			 ninety days of the initial inspection as necessary to determine the suitability
			 of a single lot or parcel for a single system. A site is considered to be
			 suitable as soon as it is found to meet the criteria for any type of onsite
			 system.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0155 - Existing System Evaluation Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An evaluation of an existing onsite
			 wastewater treatment system must meet the following requirements:
(a) An evaluation must be performed by a
			 person with one or more of the qualifications listed below:
(A) Professional Engineer under ORS chapter
			 672 with knowledge and experience inspecting onsite systems;
(B) Registered Environmental Health
			 Specialist or Wastewater Specialist under ORS chapter 700 with knowledge and
			 experience inspecting onsite systems;
(C) A certified installer with knowledge and
			 experience inspecting onsite systems;
(D) A certified maintenance provider with
			 knowledge and experience inspecting onsite systems;
(E) A current NAWT inspector training and
			 certification accreditation;
(F)
			 Other similar license or certification DEQ approves.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0160 - Permit Application Procedures - Construction, Installation, Alteration, and Repair Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Permittees. A permit to construct a system may be issued under this rule only
			 to the owner of the real property that the system will serve.
(2) Application. A completed application for
			 a construction, installation, alteration, or repair permit must be submitted to
			 the appropriate agent on approved forms with all required exhibits and the
			 applicable permit application fee in OAR 340-071-0140(3). Applications that do
			 not comply with this section will not be accepted for filing. Except as
			 otherwise allowed in this division, the exhibits must include:
(a) A site evaluation report approving the
			 site for the type and quantity of waste to be disposed. Agents may waive the
			 requirement for the report and fee for applications for repair or alteration
			 permits.
(b) A land use
			 compatibility statement from the appropriate land use authority as required in
			 OAR chapter 340, division 018.
(c)
			 Plans and specifications for the onsite system proposed for installation within
			 the area the agent identified and approved in a site evaluation report. The
			 agent must determine and request the minimum level of detail necessary to
			 insure proper system construction.
(d) Any other information the agent
			 determines is necessary to complete the permit application.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0162 - Permit Application Procedures - WPCF Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Procedures in this rule are for
			 applications for WPCF permits for onsite systems.
(2) Any person may request a new, modified,
			 or renewal WPCF permit by submitting an application on forms DEQ provides with
			 the specified number of copies of all required exhibits. The name of the
			 applicant and permittee must be the legal name of the owner of the facilities
			 the system serves or the lessee responsible for the operation and maintenance.
			 Applications must be submitted at least 60 days before a permit is needed.
			 Required exhibits include but are not limited to the following:
(a) A land use compatibility statement from
			 the local land use planning agency indicating that the site is approved for the
			 activity for which the applicant is applying. If the activity is approved only
			 upon conditions in a conditional use permit, a copy of the conditional use
			 permit must be provided;
(b) A copy
			 of a site evaluation report approving the site for the type and quantity of
			 wastes to be disposed;
(c) Evidence
			 that the permit processing fees and the first year's annual compliance
			 determination fee in OAR 340-071-0140(4)  have been paid to DEQ or agent, as
			 directed; and
(d) A site diagram
			 meeting the requirements of OAR 340-071-0160(2)(c).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0165 - Permit Denial Review - Construction-Installation, Repair, Alteration Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ
			 must review a permit denied by an agent if the applicant requests review. The
			 applicant must submit an application for review to DEQ in writing within 60
			 days of the date the agent issues the permit denial notice and must include the
			 permit denial review fee in OAR 340-071-0140(3).
(2) Permit denials for systems proposed to
			 serve commercial facilities intended for use in a commercial activity, trade,
			 occupation, or profession may be appealed through the contested case hearing
			 procedure set forth in ORS Chapter 183 and OAR chapter 340, division 011.
(3) If the agent intends to deny a
			 permit for a parcel of ten acres or larger, the agent must:
(a) Provide the applicant with a Notice of
			 Intent to Deny;
(b) Specify reasons
			 for the intended denial; and
(c)
			 Offer a contested case hearing under ORS chapter 183 and OAR chapter 340,
			 division 011.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0170 - Pre-Cover Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) System
			 installers must request a pre-cover inspection when system construction,
			 alteration, or repair is complete except for backfill (cover) and as a permit
			 otherwise requires. The agent must inspect the installation to determine
			 whether it complies with this division, unless the agent waives the inspection
			 under section (2) of this rule or OAR 340-071-0400(6).
(2) The agent may waive inspections for a
			 system proposed to serve a single family dwelling or for a system of similar
			 flow and waste strength if:
(a) The system
			 was installed by a sewage disposal service business licensed under ORS
			 454.695;
(b) The installer complies with all
			 requirements of this rule; and
(c)
			 Upon the agent's request, the installer submits to the agent photographs of
			 those portions of the construction for which the inspection is
			 waived.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0175 - Certificate of Satisfactory Completion

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agent may issue a Certificate of
			 Satisfactory Completion for a system installation if, the agent inspects and
			 system and determines the system complies with applicable requirements in this
			 division and OAR chapter 340, division 073 and the permit's
			 conditions.
(2) If an agent
			 determines an installation does not comply with the requirements in section (1)
			 of this rule, the agent must notify the permittee in writing or post a
			 Correction Notice on the site. The notice must explain the system deficiencies
			 and corrective action required.
(3)
			 If an agent does not inspect a system within 7 days after notification of
			 completion or waives the inspection under OAR 340-071-0170(2)  or
			 340-071-0400(6)(d), a Certificate of Satisfactory Completion will be deemed to
			 have been issued by operation of law. In such cases, a modified Certificate
			 will be issued to the owner.
(4) A
			 system may be backfilled (covered) after installation only after:
(a) The agent has notified the permittee that
			 the inspection will not be conducted;
(b) The agent has inspected the system and
			 issued a Certificate of Satisfactory Completion; or
(c) A Certificate of Satisfactory Completion
			 has been issued by operation of law under section (3) of this rule.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0185 - Decommissioning of Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 owner must decommission a system when:
(a) A
			 sewerage system becomes available and the facility the system serves has been
			 connected to that sewerage system;
(b) The source of sewage has been permanently
			 eliminated;
(c) The system has been
			 operated in violation of OAR
			 340-071-0130(13)
 
			 and a repair permit and Certificate of Satisfactory Completion have not
			 subsequently been issued for the system;
(d) The system has been constructed,
			 installed, altered, or repaired without a permit required in this division, and
			 a permit has not subsequently been issued for the system; or
(e) The system has been operated or used
			 without a required Certificate of Satisfactory Completion or Authorization
			 Notice and a Certificate of Satisfactory Completion or Authorization Notice has
			 not subsequently been issued for the system.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0200 - Prior Construction Permits or Approvals

Current through Register Vol. 63, No. 7, July 1, 2024
All construction-installation permits and written approvals
				issued before January 1, 1974, expired on July 1, 1976.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS
				  454.655
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0205 - Authorization to Use Existing Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Authorization Notice required. Except as
			 this rule specifically allows, a person may not place into service, reconnect
			 to, change the use of, or increase the projected daily sewage flow into, an
			 existing onsite system without first obtaining an Authorization Notice,
			 construction-installation permit, or alteration permit as
			 appropriate.
(2) Exceptions.
(a) An Authorization Notice is not required
			 to replace a mobile home with a similar mobile home in a mobile home park or a
			 recreation vehicle with another recreation vehicle in a lawful recreation
			 vehicle park if the onsite wastewater system has adequate capacity for safely
			 treating wastewater generated within the park.
(b) An Authorization Notice is not required
			 to place into service a previously unused system for which a Certificate of
			 Satisfactory Completion has been issued within five years of the date such
			 system is placed into service if the projected daily sewage flow does not
			 exceed the design flow and the system is in compliance with the requirements of
			 the Certificate of Satisfactory Completion and applicable requirements in this
			 division.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0210 - Alteration of Existing Onsite Wastewater Treatment Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Permit
			 required. A person may not alter or increase the design capacity of an existing
			 onsite wastewater treatment system not under a WPCF permit without first
			 obtaining an alteration permit under this rule or a construction-installation
			 permit under OAR 340-071-0160, as applicable. The permit application procedure
			 is described in OAR 340-071-0160.
(2) An agent may issue an alteration permit
			 if the requirements of either subsections (a) or (b) of this section are met.
(a) Alterations do not increase the system's
			 design capacity above the original design flow and:
(A) The existing system is not
			 failing;
(B) The site setbacks in
			 Table 1 can be met except that if the setbacks in Table 1 for septic tanks,
			 treatment units, effluent sewers, and distribution units cannot be met, the
			 agent may allow a reasonable installation; and
(C) In the agent's opinion, use of the onsite
			 system would not create a public health hazard or result in water
			 pollution.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0215 - Repair of Existing Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 system owner must ensure a failing system is immediately repaired unless, in
			 the opinion of the agent, adverse soil conditions resulting from climatic
			 conditions would likely preclude a successful repair. In that circumstance, the
			 agent may allow a delay in commencing or completing repairs until the soil
			 conditions improve. If the agent authorizes a delay, the agent must issue a
			 notice of noncompliance to the system owner specifying a compliance date and
			 any interim provisions required to prevent a public health hazard and protect
			 public waters.
(2) Except for
			 emergency repairs, a person may not repair a failing system without first
			 obtaining a repair permit under this rule. A person may make emergency repairs
			 without first obtaining a permit if a repair permit application is submitted to
			 the agent within three working days after the emergency repairs are begun. The
			 permit application procedure is described in OAR 340-071-0160.
(3) Certificate of Satisfactory Completion.
			 Upon completion of installation of that part of a system for which a repair
			 permit was issued, the system installer must comply with the requirements for
			 pre-cover inspections in OAR 340-071-0170. The agent must issue or deny the
			 Certificate of Satisfactory Completion under OAR 340-071-0175.
(4) Criteria for permit issuance.
(a) If the site characteristics and standards
			 in OAR 340-071-0220  can be met, the repair installation must conform to the
			 requirements.
(b) If the site
			 characteristics or standards in OAR 340-071-0220  cannot be met, the agent may
			 allow a reasonable repair installation to eliminate a public health hazard,
			 including installing an alternative system as necessary.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0260 - Alternative Systems, General

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Application requirements. The requirements in this division and OAR chapter
			 340, division 073 for siting, constructing, and maintaining standard subsurface
			 systems apply to alternative systems unless the standards for alternative
			 systems in this division provide otherwise.
(2) Periodic inspections.
(a) Agents may perform periodic inspections
			 of installed alternative systems. System owners must pay the inspection fee in
			 OAR 340-071-0140(3)  for the inspection upon billing by the agent.
(b) The agent must prepare a report of each
			 inspection listing system deficiencies, corrections required, and timetables
			 for correction, and will provide a copy to the system owner. The agent may
			 follow up as necessary to ensure proper corrections.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0265 - Capping Fills

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Criteria for
			 approval. Each site approved for a capping fill system must meet all the
			 following conditions:
(a) Slope does not
			 exceed 12 percent.
(b) Temporary
			 water table is not closer than 18 inches to the ground surface at any time
			 during the year. A 6-inch minimum separation must be maintained between the
			 bottom of the absorption trench and the temporary water table.
(c) Where a permanent water table is present,
			 a minimum 4-foot separation must be maintained between the bottom of the
			 absorption trench and the water table.
(d) Except as provided in subsection (e) of
			 this section, where material with rapid or very rapid permeability is present,
			 a minimum 18-inch separation must be maintained between the bottom of the
			 absorption trench and soil with rapid or very rapid permeability.
(e) Sites may be approved with no separation
			 between the bottom of the absorption trenches and soil with rapid or very rapid
			 permeability (as defined in OAR 340-071-0100 (148)(a) or (b)), and absorption
			 trenches may be placed into such soil if any of the following conditions occur.
(A) A confining layer occurs between the
			 bottom of absorption trenches and the temporary groundwater table and a minimum
			 6-inch separation is maintained between the bottom of absorption trenches and
			 the top of the confining layer.
(B)
			 A layer of non-gravelly (less than 15 percent gravel) soil with sandy loam or
			 finer texture at least 18 inches thick occurs between the bottom of the
			 absorption trenches and the groundwater table.
(C) The projected daily sewage flow does not
			 exceed a loading rate of 450 gallons per acre per day.
(f) Effective soil depth is 18 inches or more
			 below the natural soil surface.
(g)
			 Soil texture from the ground surface to the layer that limits effective soil
			 depth is no finer than silty clay loam.
(h) A minimum 6-inch separation is maintained
			 between the bottom of the absorption trench and the layer that limits effective
			 soil depth.
(i) The system can be
			 sized according to effective soil depth in Table 4. [NOTE: All tables are found
			 in OAR 340-071-0800.]
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0275 - Pressurized Distribution Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pressurized distribution systems receiving residential strength wastewater may
			 be permitted on any site meeting the requirements for installation of a
			 standard onsite system and on other sites where this method of effluent
			 distribution is preferable and the site conditions in this rule can be
			 met.
(2) Except as allowed in OAR
			 340-071-0220(1)(d), pressurized distribution systems must be used where depth
			 to soil with rapid or very rapid permeability as defined in OAR
			 340-071-0100 (148)(a) and (b) is less than 36 inches and the minimum separation
			 distance between the bottom of the absorption trench and such soil is less than
			 18 inches.
(3) Pressurized
			 distribution systems installed in soil with rapid or very rapid permeability as
			 defined in OAR 340-071-0100 (148)(a) and (b) in areas with permanent water
			 tables may not discharge more than 450 gallons of effluent per 1/2 acre per day
			 except where:
(a) Groundwater is degraded and
			 designated as a non-developable resource by the Oregon Water Resources
			 Department; or
(b) A detailed
			 hydrogeological study discloses loading rates exceeding 450 gallons per 1/2
			 acre per day would not increase the nitrate-nitrogen concentration in the
			 groundwater beneath the site or at any down gradient location to above 5 mg/L.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0280 - Seepage Trench System

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Criteria for approval. Construction permits may be issued for seepage trench
			 systems on lots created before January 1, 1974, for sites that meet all the
			 following conditions.
(a) Groundwater will not
			 be degraded.
(b) Lot or parcel size
			 will not accommodate standard subsurface system disposal trenches with a
			 projected flow of 450 gpd.
(c) All
			 other requirements for standard subsurface systems can be met.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0285 - Redundant Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Criteria for
			 approval. Construction permits may be issued for redundant absorption field
			 systems to serve single family dwellings on sites that meet both of the
			 following conditions.
(a) The lot or parcel
			 was created before January 1, 1974.
(b) The lot or parcel size will not
			 accommodate a standard system.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0290 - Conventional Sand Filter Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Criteria for approval. Construction of conventional sand filter systems may be
			 approved for single family dwellings or commercial facilities.
(2) Sites approved for sand filter systems.
			 Sand filters may be permitted on any site meeting requirements for standard
			 onsite systems in OAR 340-071-0220  or for pressurized distribution systems in
			 OAR 340-071-0275  if site conditions in this section can be met.
(a) Separation from the temporary groundwater
			 table must satisfy the requirements in this subsection.
(A) The high level attained by a temporary
			 groundwater table is:
(i) Twelve inches or
			 more below ground surface where:
(I) The
			 ground slope does not exceed 12 percent;
(II) Equal distribution methods are achieved
			 by gravity or using either a hydrosplitter or pressurized distribution method;
			 and
(III) A capping fill is placed
			 under OAR 340-071-0265(2)  and 340-071-0265(3)(a) through (c).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0295 - Conventional Sand Filter Design and Construction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Criteria for sizing. Systems must be
			 sized based on quantities of sewage flow under OAR 340-071-0220(2)(a).
(2) Minimum filter area:
(a) A sand filter proposed to serve a single
			 family dwelling must have an effective medium sand surface area of at least 360
			 square feet. If the design sewage flow exceeds 450 gallons per day, the medium
			 sand surface area must be determined with the following equation: Area =
			 projected daily sewage flow divided by 1.25 gallons per square foot.
(b) A bottomless sand filter following an ATT
			 system must have an effective medium sand surface area of at least 250 square
			 feet. If the design sewage flow exceeds 450 gallons per day, the medium sand
			 surface area must be determined with the following equation: Area = projected
			 daily sewage flow divided by 1.80 gallons per square foot.
(c) Sand filter influent may not exceed
			 concentrations of 300 mg/L BOD5, 150 mg/L TSS, or 25 mg/L oil and grease.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0302 - Recirculating Gravel Filter (RGF)

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Siting and absorption area construction criteria.
(a) RGFs approved for treatment standard 1
			 may be sited and sized as follows.
(A) In
			 areas with a temporary water table, as specifications for sand filters in areas
			 with temporary groundwater in OAR 340-071-0290  require.
(B) In areas with permanent groundwater,
			 where 4 feet of separation can be maintained between the bottom of the trench
			 and groundwater and the other criteria in OAR 340-071-0290  can be
			 met.
(C) On sites meeting criteria
			 for standard onsite systems in OAR 340-071-0220  or for pressurized systems in
			 OAR 340-071-0275.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0310 - Steep Slope Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 General conditions for approval. Construction-installation permits may be
			 issued for steep slope systems serving single-family dwellings on slopes in
			 excess of 30 percent if all the following requirements can be met.
(a) Slope does not exceed 45
			 percent.
(b) The soil is
			 well-drained with no evidence of saturation to a depth of 60 inches.
(c) The soil has a minimum effective soil
			 depth of 60 inches.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0315 - Tile Dewatering System

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 General conditions for approval. Construction permits may be issued for tile
			 dewatering systems if the following requirements can be met:
(a) The site has a natural outlet that will
			 allow a field tile installed on a proper grade around the proposed absorption
			 facility to daylight above annual high water.
(b) Soils are silty clay loam or coarser
			 textured and drainable.
(c) Soils
			 must have a minimum effective soil depth of at least 30 inches in soils with
			 temporary groundwater and at least 72 inches in soils with permanent
			 groundwater unless otherwise authorized by the agent.
(d) Slope does not exceed 3
			 percent.
(e) All other requirements
			 for the system, except depth to groundwater, can be met. After the field
			 collection drainage tile is installed, the groundwater levels must conform to
			 the requirements of OAR 340-071-0220(1), 340-071-0265(1), 340-071-0290(2),
			 340-071-0302(1), or 340-071-0345(8).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0320 - Split Waste Method

Current through Register Vol. 63, No. 7, July 1, 2024
Criteria for approval. In a split waste method, wastes may be
				disposed of as follows.
(1) Black
			 wastes may be disposed of using nonwater-carried plumbing units such as
			 recirculating oil flush toilets or compost toilets approved by the State
			 Building Codes Division.
(2) Gray
			 water may be disposed of by discharge to:
(a)
			 An existing onsite system which is not failing;
(b) A new onsite system with a soil
			 absorption facility 2/3rds normal size if a full-size initial absorption area
			 and replacement absorption area of equal size are available; or
(c) A public sewerage system.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0325 - Gray Water Waste Disposal Sumps

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Criteria for approval.
(a) Hand-carried graywater may be disposed of
			 in graywater waste disposal sumps that serve facilities, including but not
			 limited to recreation parks, camp sites, or construction sites, if the
			 projected daily graywater flow does not exceed 10 gallons per unit. Graywater
			 or other sewage may not be piped to the graywater waste disposal sump. Where
			 projected daily sewage flow exceeds 10 gallons per unit, graywater must be
			 disposed of in facilities meeting requirements of OAR
			 340-071-0320(2).
(b) Graywater sumps may be used
			 where the agent determines they will not create a nuisance or public health
			 hazard.
(c) Up to four graywater
			 waste disposal sumps may be constructed on the same property and at the same
			 time for each construction permit. The sumps must meet minimum separation
			 distances in Table 8.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0330 - Nonwater-Carried Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 not cause or allow the installation, placement, or use of a nonwater-carried
			 waste disposal facility without a letter of authorization or permit from the
			 agent, except as this section specifies.
(a)
			 Temporary-use pit privies used on farms for farm labor do not require agent
			 approval.
(b) A sewage disposal
			 service business licensed under OAR 340-071-0600  may install portable toilets
			 without the agent's written approval if all other requirements of this rule
			 except Table 8 setbacks are met.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0335 - Cesspools and Seepage Pits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 person may not construct new cesspool sewage disposal systems in
			 Oregon.
(2) Seepage pit sewage
			 disposal systems may be used only to serve existing sewage loads and replace
			 existing failing seepage pit and cesspool systems on lots that are too small to
			 accommodate a standard system or other alternative onsite system.
(3) Construction requirements.
(a) Each seepage pit must be installed in a
			 location to facilitate future connection to a sewerage system when such
			 facilities become available.
(b)
			 Maximum depth of seepage pits is 35 feet below ground surface.
(c) The seepage pit depth must terminate at
			 least 4 feet above the water table.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0340 - Holding Tanks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Criteria for
			 approval. Except as section (5) of this rule provides, installing a holding
			 tank system requires a construction-installation or WPCF permit. A
			 construction-installation permit may be issued for sites that meet all the
			 following conditions.
(a) Permanent use.
(A) The site cannot be approved for
			 installation of a standard subsurface system.
(B) No community or area-wide sewerage system
			 is available or expected to be available within five years.
(C) The tank is intended to serve a small
			 industrial or commercial building or an occasional use facility such as a
			 county fair or a rodeo.
(D) Unless
			 DEQ allows otherwise, the projected daily sewage flow is not more than 200
			 gallons.
(E) Setbacks required for
			 septic tanks can be met.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0345 - Alternative Treatment Technologies (ATTs)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Criteria for approval.
			 Construction-installation permits may be issued for onsite systems
			 incorporating alternative treatment technologies (ATTs) for single family
			 dwellings and commercial facilities if the following criteria are met:
(a) DEQ has listed the ATT, including brand
			 and model or type where applicable, for use in onsite systems pursuant to
			 section (2) of this rule.
(b) The
			 ATT meets the performance and model selection criteria specified for the
			 proposed use in section (4) of this rule.
(c) The site meets the appropriate siting
			 criteria in section (8) of this rule, and the agent has approved the site.
(d) The owner of the property
			 served by the onsite system incorporating the ATT has a written service
			 contract as required in section (14) of this rule.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0360 - Absorption Trenches in Saprolite

Current through Register Vol. 63, No. 7, July 1, 2024
(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 subsection (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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0400 - Geographic Area Special Considerations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) River Road - Santa Clara Area, Lane
			 County.
(a) Within the areas described in
			 subsection (b) of this section, an agent may approve sites or issue
			 construction-installation permits for new onsite wastewater treatment systems
			 if both of the following conditions are met:
(A) The lot and proposed system comply with
			 all rules in effect at the time the site is approved or the permit is issued.
(B) The system alone or in
			 combination with other new sources will not contribute more than 16.7 pounds of
			 nitrate-nitrogen per acre per year to the local groundwater. To ensure
			 compliance, the applicant must own or control adequate land through easements
			 or equivalent.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0410 - Rural Area Consideration

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0415 - For Cause Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(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:
(a) Strict compliance with
			 the rule or standard is inappropriate; or
(b) Special physical conditions render strict
			 compliance unreasonable, burdensome, or impractical.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0420 - Hardship Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0425 - Variance Officers

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0430 - Variance Hearings and Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
(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 specifications and conditions of the variance and the
			 location of the onsite system.
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 71 - ONSITE WASTEWATER TREATMENT SYSTEMS › Section 340-071-0435 - Variance Permit Issuance, Inspections, Certificate of Satisfactory Completion

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
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 340-071-0440 - Variance Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 adversely affected by a variance officer's approval of a variance under OAR
			 340-071-0415  or 340-071-0420  may appeal that decision to the commission under
			 ORS 454.660(1).
(2) Any person adversely affected by the
			 denial of a variance under OAR 340-071-0415  or 340-071-0420  or by the
			 commission's approval of a hardship variance under OAR 340-071-0420  may appeal
			 that decision to a circuit court under ORS
			 183.484.
Statutory/Other Authority: ORS
				  454.625
Statutes/Other Implemented: ORS
				  454.660