Onsite Wastewater Treatment Systems

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_300/oar_340/340_071.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 71
ONSITE WASTEWATER TREATMENT SYSTEMS

340-071-0100
Definitions
As used in OAR 340, divisions 71 and
73, unless otherwise specified:
(1) "Absorption Area" means
the entire area used for underground dispersion of the liquid portion of sewage
including the area designated for a future replacement system. It may consist of
a seepage pit, absorption field, or combination of the two. It may also consist
of a cesspool, seepage bed, bottomless sand filter, or evapotranspiration-absorption
system.
(2) "Absorption Facility"
means a system of open-jointed or perforated piping, alternative distribution units,
or other seepage systems for receiving the flow from septic tanks or other treatment
facilities that are designed to distribute effluent for oxidation and absorption
by the soil within the zone of aeration.
(3) "Absorption Field" means
a system of absorption trenches, a seepage trench, or a system of seepage trenches.
(4) "Absorption Trench" means
a ditch or a trench installed into soil, permeable saprolite, or diggable bedrock,
with vertical sides and a substantially flat bottom.
(5) "Active Sand Dune" means
wind-drifted ridges and intervening valleys, pockets, and swales of sand adjacent
to the beach. The sand is grayish-brown with little or no horizon, color, or textural
difference. Active dunes are either bare of vegetation or lack sufficient vegetation
to prevent blowing of sand.
(6) "Aerobic Sewage Treatment
Facility" means a sewage treatment plant that incorporates a means of introducing
air and oxygen into the sewage to provide aerobic biochemical stabilization during
a detention period. Aerobic sewage treatment facilities may include anaerobic processes
as part of the treatment system.
(7) "Aerobic System" means
an alternative system that incorporates a septic tank or other treatment facility,
an aerobic sewage treatment facility, and an absorption facility to provide treatment
before dispersal.
(8) "Agent" means the director
or person authorized to act on behalf of the director, frequently referring to DEQ
or contract county staff performing onsite permitting activities.
(9) "Alteration" means expansion
or change in location of an existing system or any part thereof. Major alteration
is the expansion or change in location of the soil absorption facility, treatment
unit, or any part thereof. Minor alteration is the replacement or relocation of
a septic tank or other components of the system other than the soil absorption facility,
or a change in distribution technique or method.
(10) "Alternative System"
means any onsite wastewater treatment system approved by the commission or DEQ for
use in lieu of the standard subsurface system.
(11) "Alternative Treatment
Technologies" means an alternative system that incorporates aerobic and other treatment
technologies or units not specifically described elsewhere in this division.
(12) "Approved Material"
means construction items that have been approved for use by DEQ.
(13) "Approved Criteria"
means methods of design or construction that have been approved for use by DEQ.
(14) "ASTM" means American
Society of Testing Materials.
(15) "Authorization Notice"
means a written document issued by an agent establishing that an existing onsite
wastewater treatment system appears adequate for its intended use.
(16) "Authorized Representative"
means a person with written authorization to act as another person's delegate.
(17) "Automatic Siphon" means
a hydraulic device designed to rapidly discharge the contents of a dosing tank between
predetermined liquid levels.
(18) "Bedroom" means any
room within a dwelling accepted as a bedroom by state or local building departments.
(19) "Biochemical Oxygen
Demand" (BOD5) means the quantity of oxygen used in the biochemical oxidation of
organic matter in five days at 20 degrees centigrade under specified conditions
and reported as milligrams per liter (mg/L).
(20) "Black Waste" means
human body wastes including feces, urine, other substances of body origin, and toilet
paper.
(21) "Capping Fill System"
means an alternative system that incorporates an absorption trench with an effective
sidewall installed a minimum of 12 inches into the natural soil below a soil cap
of specified depth and texture.
(22) "Carbonaceous Biochemical
Oxygen Demand" (CBOD5) means BOD minus the nitrogenous oxygen demand, typically
measured in mg/L.
(23) "Cesspool" means a lined
pit that receives raw sewage, allows separation of solids and liquids, retains the
solids, and allows liquids to seep into the surrounding soil through perforations
in the lining.
(24) "Chemical Recirculating
Toilet Facility" means a toilet facility wherein black wastes are deposited and
carried from a bowl by a combination of liquid waste and water that has been chemically
treated and filtered.
(25) "Chemical Toilet Facility"
means a nonflushing, nonrecirculating toilet facility wherein black wastes are deposited
directly into a chamber containing a solution of water and chemical.
(26) "Clayey Soil" means
mineral soil with over 40 percent clay that shrinks and develops wide cracks when
dry and swells and shears when wet, forming slickensides and wedge-shaped structure.
Clayey soil is very hard or extremely hard when dry, very firm when moist, and very
sticky and very plastic when wet.
(27) "Claypan" means a dense,
compact clay layer in the subsoil. It has a much lower permeability than the overlying
soil horizon from which it is separated by an abrupt boundary. Claypans are hard
when dry and very sticky and very plastic when wet and impede movement of water,
air, and growth of plant roots.
(28) "Combustion Toilet Facility"
means a toilet facility wherein black wastes are deposited directly into a combination
chamber for incineration.
(29) "Commercial Facility"
means any structure or building or portion thereof other than a single-family dwelling.
(30) "Commission" means the
Environmental Quality Commission.
(31) "Community System" means
an onsite system that serves more than one lot or parcel, more than one condominium
unit, or more than one unit of a planned unit development.
(32) "Completed Application"
means an application form that is completed in full; is signed by the owner or owner's
authorized representative or, for WPCF permits, by the applicant or applicant's
authorized representative; and is accompanied by all required exhibits and fees.
(33) "Conditions Associated
with Saturation" means soil morphological properties that may indicate the presence
of a water table that persists long enough to impair system function and create
a potential health hazard. These conditions include depleted matrix chromas caused
by saturation and not a relict or parent material feature, and the following:
(a) High chroma matrix with
iron depletions. Soil horizons whose matrix chroma is 3 or more in which there are
some visible iron depletions having a value 4 or more and a chroma of 2 or less.
Iron-manganese concentrations as soft masses or pore linings may be present but
are not diagnostic of conditions associated with saturation.
(b) Depleted matrix with
iron concentrations. Soil horizons whose matrix color has a value of 4 or more and
a chroma of 2 or less as a result of removal of iron and manganese oxides. Some
visible zones of iron concentration are present as soft masses or pore linings.
(c) Depleted matrix without
iron concentrations. Soil horizons whose color is more or less uniform with a value
of 4 or more and a chroma of 2 or less as a result of removal of iron and manganese
oxides. These horizons lack visible iron concentrations as soft masses or pore linings.
(d) Reduced matrix. Soil
horizons whose color has a value of 4 or more and a chroma of 2 or less with hues
that are often, but not exclusively, on the gley pages of the Munsell Color Book.
Upon exposure to air, yellow colors form within 24 hours as some of the ferrous
iron oxidizes.
(e) Dark colored soils with
organic matter accumulation. Mineral soils with a high amount of decomposed organic
matter in the saturated zone, a value of 3 or less, and a chroma of 1 or less. Included
in this category are organic soils with a minor amount of mineral matter.
(f) Soils with a dark surface.
The upper surface layer has a dark color with a value of 3 or less and a chroma
of 1 or less immediately underlain by a layer with a chroma of 2 or less.
(g) Iron stripping and staining
in sandy soils. Soil horizons in which iron/manganese oxides or organic matter or
both have been stripped from the matrix, exposing the primary base color of soil
materials. The stripped areas and trans-located oxides or organic matter form a
diffuse splotchy pattern of two or more colors.
(h) Salt-affected soils.
Soils in arid and semi-arid areas that have visible accumulations of soluble salts
at or near the ground surface.
(i) Dark colored shrink-swell
soils. Vertisols whose colors have values of 3 or less and chromas of 1 or less.
Iron concentrations may be present but are not diagnostic of conditions associated
with saturation.
(j) Other soils that lack
the diagnostic value and chroma as described in this section but remain saturated
long enough to impair system function and have a high water table in accordance
with OAR 340-071-0130(23).
(34) "Confining Layer" means
a layer associated with an aquifer that because of low permeability does not allow
water to move through it perceptibly under head differences occurring in the groundwater
system.
(35) "Construction" includes
the installation of a new system or part thereof or the alteration, repair, or extension
of an existing system. The grading, excavating, and earth-moving work connected
with installation, alteration, or repair of a system or part thereof is considered
system construction.
(36) "Contract County" means
a local unit of government that has entered into an agreement with DEQ under OAR
340-071-0120 to perform duties of DEQ under this division.
(37) "Conventional Sand Filter"
means a filter with 2 feet or more of sand filter media designed to chemically and
biologically process septic tank or other treatment unit effluent from a pressure
distribution system operated on an intermittent basis.
(38) "Curtain Drain" means
a groundwater interceptor that is designed to divert groundwater from an absorption
facility. The drain creates a "curtain" to block water from reaching the absorption
facility.
(39) "Cut-manmade" means
a land surface resulting from mechanical land shaping operations where the modified
slope is greater than 50 percent and the depth of cut exceeds 30 inches.
(40) "DEQ" means the Department
of Environmental Quality.
(41) "Design Capacity" means
the maximum daily flow a system is designed to treat and disperse.
(42) "Design Criteria" means
the criteria used in designing onsite wastewater treatment systems including but
not limited to dimensions, geometry, type of materials, size of drain media or filter
media, absorption field sizing, depth, grade or slope, hydraulic loading rate, or
any other factor relevant to the successful operation of the system. It does not
include absorption area siting criteria.
(43) "Designer" means a person
who plans onsite wastewater treatment and dispersal technology for an onsite system.
(44) "Director" means the
Director of the Department of Environmental Quality.
(45) "Disposal Trench" means
"absorption trench."
(46) "Distribution Box" means
a watertight structure that receives septic tank or other treatment facility effluent
and distributes it concurrently into 2 or more header pipes leading to the absorption
area.
(47) "Distribution Pipe"
means an open-jointed or perforated pipe used in the dispersion of septic tank or
other treatment facility effluent into absorption trenches, seepage trenches, or
seepage beds.
(48) "Distribution Unit"
means a distribution box, dosing tank, diversion valve or box, header pipe, or other
means of transmitting septic tank or other treatment unit effluent from the effluent
sewer to the distribution pipes.
(49) "Diversion Valve" means
a watertight structure that receives septic tank or other treatment facility effluent
through one inlet and distributes it to 2 outlets, only one of which is used at
a time.
(50) "Dosing Tank" means
a watertight receptacle placed after a septic tank or other treatment facility equipped
with an automatic siphon or pump.
(51) "Dosing Septic Tank"
means a unitized device performing functions of both a septic tank and a dosing
tank.
(52) "Drainfield" means an
"absorption field."
(53) "Drain Media" means
clean washed gravel or clean, crushed rock with a minimum size of 3/4 inch and a
maximum size of 2-1/2 inches used in the distribution of effluent. The material
must be durable and inert so that it will maintain its integrity, will not collapse
or disintegrate with time, and will not be detrimental to the performance of the
system. Drain media also includes any product or material approved by DEQ for distribution
of effluent in an absorption field.
(54) "Dwelling" means any
structure or building or portion thereof that is used, intended, or designed to
be occupied for human living purposes including but not limited to houses, houseboats,
boathouses, mobile homes, recreational cabins, travel trailers, hotels, motels,
and apartments.
(55) "Effective Seepage Area"
means the sidewall area within an absorption trench or a seepage trench from the
bottom of the trench to a level 2 inches above the distribution pipes; the sidewall
area of any cesspool, seepage pit, unsealed earth pit privy, graywater waste absorption
sump seepage chamber, or trench with drain media substitute; or the bottom area
of a pressurized soil absorption facility installed in soil.
(56) "Effective Soil Depth"
means the depth of soil material above a layer that impedes movement of water and
air and growth of plant roots. Layers that differ from overlying soil material enough
to limit effective soil depth are hardpans, claypans, fragipans, compacted soil,
bedrock, saprolite, and clayey soil.
(57) "Effluent Filter" means
an effluent treatment device installed on the outlet of a septic tank or outside
the septic tank in a separate enclosure and designed to prevent the passage of suspended
matter larger than 1/8 inch in size.
(58) "Effluent Lift Pump"
means a pump used to lift septic tank or other treatment facility effluent to a
higher elevation.
(59) "Effluent Sewer" means
that part of the system of drainage piping that conveys partially treated sewage
from a septic tank or other treatment facility into a distribution unit or an absorption
facility.
(60) "Emergency Repair" means
immediate action to repair a failing system when sewage is backing up into a dwelling
or building or to repair a broken pressure sewer pipe. It does not include the construction
of new or additional absorption facilities but does include use of the septic tank
as a temporary holding tank until new or additional absorption facilities can be
permitted and constructed.
(61) "Equal Distribution"
means the distribution of effluent to a set of absorption trenches in which each
trench receives effluent in equivalent or proportional volumes.
(62) "Escarpment" means any
naturally occurring slope greater than 50 percent that extends vertically 6 feet
or more from toe to top, is characterized by a long cliff or steep slope that separates
two or more comparatively level or gently sloping surfaces, and may intercept one
or more layers that limit effective soil depth.
(63) "Existing Onsite Wastewater
Treatment System" means any installed onsite wastewater treatment system constructed
in conformance with the rules, laws, and local ordinances in effect at the time
of construction.
(64) "Existing System" means
"existing onsite wastewater treatment system."
(65) "Failing System" means
any system that discharges untreated or incompletely treated sewage or septic tank
effluent directly or indirectly onto the ground surface or into public waters or
that creates a public health hazard.
(66) "Family Member" means
any one of two or more persons related by blood or by law.
(67) "Fecal Coliform" means
bacteria common to the digestive systems of warm-blooded animals and cultured in
standard tests. The term is typically used to indicate fecal pollution and the possible
presence of enteric pathogens and is measured as colonies/100ml.
(68) "Filter Fabric" means
a woven or spun-bonded sheet material used to impede or prevent the movement of
sand, silt, and clay into drain media.
(69) "Fragipan" means a loamy
subsurface horizon with high bulk density relative to the horizon above, seemingly
cemented when dry, and weakly to moderately brittle when moist. Fragipans are mottled
and low in organic matter, and they impede movement of water and air and growth
of plant roots.
(70) "Governmental Unit"
means the state or any county, municipality, or political subdivision or any agency
thereof.
(71) "Grade" means the rate
of fall or drop in inches per foot or the percentage of fall of a pipe.
(72) "Graywater" means household
sewage other than "black wastes," such as bath water, kitchen waste water, and laundry
wastes.
(73) "Graywater Waste Sump"
means a receptacle or series of receptacles designed to receive hand-carried graywater
for dispersal into the soil.
(74) "Grease and Oils" means
a component of sewage typically originating from food stuffs, consisting of compounds
of alcohol or glycerol with fatty acids.
(75) "Groundwater Interceptor"
means any natural or artificial groundwater or surface water drainage system, including
drain tile, curtain drain, foundation drain, cut banks, and ditches, that intercept
and divert groundwater or surface water from the area of the absorption facility.
(76) "Hardpan" means a hardened
layer in soil caused by cementation of soil particles with silica, calcium carbonate,
magnesium carbonate, iron, or organic matter. The hardness does not change appreciably
with changes in moisture content. Hardpans impede movement of water and air and
growth of plant roots.
(77) "Header Pipe" means
a tight-jointed part of the sewage drainage conduit that receives septic tank effluent
from the distribution box, drop box, or effluent sewer and conveys it to the absorption
area.
(78) "Headwall" means a steep
slope at the head or upper end of a land slump block or unstable landform.
(79) "Holding Tank" means
a watertight receptacle designed to receive and store sewage to facilitate treatment
at another location.
(80) "Holding Tank System"
means an alternative system consisting of the combination of a holding tank, service
riser, and level indicator (alarm), designed to receive and store sewage for intermittent
removal for treatment at another location.
(81) "Hydrosplitter" or "hydrasplitter"
means a hydraulic device to proportion flow under pressure by the use of one or
more orifices.
(82) "Incinerator Toilet
Facility" means "combustion toilet facility."
(83) "Individual System"
means a system that is not a community system.
(84) "Individual Water Supply"
means a source of water and a distribution system that provides water for drinking,
culinary, or household uses and is not a public water supply system.
(85) "Industrial Waste" means
any liquid, gaseous, radioactive, or solid waste or a combination thereof resulting
from any process of industry, manufacturing, trade, or business or from the development
or recovery of any natural resources.
(86) "Intermittent Sand Filter"
means a conventional sand filter.
(87) "Intermittent Stream"
means any public surface water or groundwater interceptor that continuously flows
water for a period greater than two months in any one year but not continuously
for that year.
(88) "Invert" is the lowest
portion of the internal cross section of a pipe or fitting.
(89) "Large System" means
any onsite system with a projected daily sewage flow greater than 2,500 gallons.
(90) "Lateral Pipe" means
"distribution pipe."
(91) "Maintenance" means
taking the actions necessary to keep onsite system components properly functioning
as designed. Maintenance is further defined as:
(a) Major Maintenance is
cleaning, repairing or replacing a broken or plugged effluent sewer pipe that:
(A) Is the same make and
model; or
(B) Meets the requirements
in this division; and
(C) Is performed by a certified
maintenance provider or certified licensed installer.
(b) Minor Maintenance includes,
but is not limited to, repairing or replacing of a tank riser or lid, or pump, screen,
filter, or other component internal to the tank that:
(A) Is the same make and
model; or
(B) Meets the requirements
in this division.
(92) "Maintenance provider"
means a person who performs maintenance of onsite systems and:
(a) Possesses adequate skills
and knowledge regarding onsite wastewater treatment, absorption facilities, and
system functions to competently inspect and maintain onsite systems, and
(b) Is certified in compliance
with OAR 340-071-0650.
(93) "Mechanical Sewage Treatment
Facility" or "Mechanical Oxidation Sewage Treatment Facility" means an aerobic sewage
treatment facility.
(94) "Nonwater-Carried Waste
Facility" means any toilet facility that has no direct water connection, including
but not limited to pit privies, vault privies, and portable toilets.
(95) "Occupant" means any
person living or sleeping in a dwelling.
(96) "Onsite Sewage Disposal
System" means "onsite wastewater treatment system."
(97) "Onsite Wastewater Treatment
System" means any existing or proposed subsurface onsite wastewater treatment and
dispersal system including but not limited to a standard subsurface, alternative,
experimental, or nonwater-carried sewage system. It does not include systems that
are designed to treat and dispose of industrial waste as defined in OAR chapter
340, division 045.
(98) "Operating Permit" means
a WPCF permit issued pursuant to these rules.
(99) "Owner" means any person
who alone, jointly, or severally:
(a) Has legal title to any
single lot, dwelling, dwelling unit, or commercial facility;
(b) Has care, charge, or
control of any real property as agent, executor, administrator, trustee, commercial
lessee, or guardian of the estate of the holder of legal title; or
(c) Is the contract purchaser
of real property.
(100) "Peer Review" means
a review by at least three members of a scientific community recognized as experts
in the field of study and well-rehearsed with scientific principles and experimentation.
(101) "Permanent Groundwater
Table" means the upper surface of a saturated zone that exists year-round. The thickness
of the saturated zone and resulting elevation of the permanent groundwater table
may fluctuate as much as 20 feet or more annually, but the saturated zone and associated
permanent groundwater table is present at some depth beneath land surface throughout
the year.
(102) "Permit" means the
written document, issued and signed by an agent, that authorizes a permittee to
install a system or any part thereof and, in some cases, to operate and maintain
the system in accordance with the permit.
(103) "Permit Action" means
the issuance, modification, renewal, reinstatement, or revocation of a permit by
an agent.
(104) "Person" includes individuals,
corporations, associations, firms, partnerships, joint stock companies, public and
municipal corporations, political subdivisions, the state and any agencies thereof,
and the federal government and any agencies thereof.
(105) "Pollution" or "Water
Pollution" means any alteration of the physical, chemical, or biological properties
of any waters of the state, including change in temperature, taste, color, turbidity,
silt, or odor of the waters, or any discharge of any liquid, gaseous, solid, radioactive,
or other substance into any waters of the state that, alone or in connection with
any other substance, threatens to create a public nuisance or render such waters
harmful, detrimental, or injurious to public health, safety, or welfare or to domestic,
commercial, industrial, agricultural, recreational or other legitimate beneficial
uses or to livestock, wildlife, fish, or other aquatic life or the habitat thereof.
(106) "Portable Toilet" means
any self-contained chemical toilet facility that is housed within a portable toilet
shelter and includes but is not limited to construction-type chemical toilets.
(107) "Portable Toilet Shelter"
means any readily relocatable structure built to house a toilet facility.
(108) "Pressure Distribution
Lateral" means piping and fittings in pressure distribution systems that distribute
septic tank or other treatment unit effluent to drain media through small diameter
orifices.
(109) "Pressure Distribution
Manifold" means piping and fittings in a pressure distribution system that supply
effluent from pressure transport piping to pressure distribution laterals.
(110) "Pressure Distribution
System" means any system designed to uniformly distribute septic tank or other treatment
unit effluent under pressure in an absorption facility or treatment unit.
(111) "Pressure Transport
Piping" means piping that conveys sewage effluent from a septic tank or other treatment
or distribution unit typically by means of a pump or siphon.
(112) "Pretreatment" means
the wastewater treatment that takes place prior to discharging to any component
of an onsite wastewater treatment system, including but not limited to pH adjustment,
oil and grease removal, BOD5 and TSS reduction, screening, and detoxification.
(113) "Prior Approval" means
a written approval for an onsite wastewater treatment system for a specific lot
issued before January 1, 1974.
(114) "Prior Construction
Permit" means a subsurface wastewater treatment system construction-installation
permit issued before January 1, 1974, by a county that had an ordinance requiring
construction-installation permits for subsurface wastewater treatment systems.
(115) "Privy" means a structure
used for disposal of human waste without the aid of water. It consists of a shelter
built above a pit or vault in the ground into which human waste falls.
(116) "Projected Daily Sewage
Flow" or "design flow" means the peak daily quantity of sewage production from a
facility for which a system is sized and designed. The projected daily sewage flow
allows for a safety margin and reserve capacity for the system during periods of
heavy use.
(117) "Public Health Hazard"
means the presence of sufficient types or amounts of biological, chemical, physical,
or radiological agents relating to water or sewage that cause or threaten to cause
human illness, disorders, or disability. These include but are not limited to pathogenic
viruses, bacteria, parasites, toxic chemicals, and radioactive isotopes.
(118) "Public Waters" means
lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks,
estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits
of the State of Oregon, and all other bodies of surface or underground waters, natural
or artificial, inland or coastal, fresh or salt, public or private (except private
waters that do not combine or effect a junction with natural surface or underground
waters), that are wholly or partially within or bordering the state or within its
jurisdiction.
(119) "Recirculating Gravel
Filter (RGF)" means a gravel filter wastewater treatment system in which a portion
of the filtered effluent is mixed with septic tank effluent in a recirculation/dilution
tank and redistributed to the filter.
(120) "Recirculating Gravel
Filter System" means a recirculating gravel filter and an absorption facility used
to treat wastewater.
(121) "Redundant Absorption
Field System" means a system in which two complete absorption fields are installed,
the absorption trenches of each system alternate with each other, and only one system
operates at a given time.
(122) "Repair" means installation
of all portions of a system necessary to eliminate a public health hazard or pollution
of public waters created by a failing system.
(a) Major repair is the replacement
of the soil absorption facility, treatment unit, or any part thereof.
(b) Minor repair is the replacement
of a septic tank, broken pipe, distribution unit, or any part of the onsite system
external to the septic tank or treatment facility except the soil absorption system.
Unless classified as a major repair or major maintenance, any replacement of a part
of a system with a part that does not meet the original design specifications is
a minor repair.
(123) "Residential Strength
Wastewater" means septic tank effluent that does not typically exceed five-day biochemical
oxygen demand (BOD5) of 300 mg/L; total suspended solids (TSS) of 150 mg/L; total
Kjeldahl nitrogen (TKN) of 150 mg/L; oil & grease of 25 mg/L; or concentrations
or quantities of other contaminants normally found in residential sewage.
(124) "Sand Filter Media"
means a medium sand or other approved material used in a conventional sand filter.
The media must be durable and inert so that it will maintain its integrity, will
not collapse or disintegrate with time, and will not be detrimental to the performance
of the system. The particle size distribution of the media must be determined through
a sieve analysis conducted in accordance with ASTM C-117 and ASTM C-136. The media
must comply with the following particle size distribution: 100 percent passing the
3/8 inch sieve, 95 percent to 100 percent passing the No. 4 sieve, 80 percent to
100 percent passing the No. 8 sieve, 45 percent to 85 percent passing the No. 16
sieve, 15 percent to 60 percent passing the No. 30 sieve, 3 percent to 15 percent
passing the No. 50 sieve, and 4 percent or less passing the No. 100 sieve.
(125) "Sand Filter Surface
Area" means the area of the level plane section in the medium sand horizon of a
conventional sand filter located 2 feet below the bottom of the drain media containing
the pressurized distribution piping.
(126) "Sand Filter System"
means an alternative system that combines a septic tank or other treatment unit;
a dosing system with effluent pump and controls or dosing siphon, piping and fittings;
a sand filter; and an absorption facility to treat wastewater.
(127) "Sanitary Drainage
System" means that part of a system's drainage piping that conveys untreated sewage
from a building or structure to a septic tank or other treatment facility, to a
service lateral at a curb or in a street or alley, or to another disposal terminal
holding human or domestic sewage. The sanitary drainage system consists of a building
drain or building drain and building sewer.
(128) "Saprolite" means weathered
material underlying the soil that grades from soft thoroughly decomposed rock to
rock that has been weathered sufficiently so that it can be broken in the hands
or cut with a knife. It has rock structure instead of soil structure and does not
include hard bedrock or hard fractured bedrock.
(129) "Saturated Zone" means
a three-dimensional layer, lens, or other section of the subsurface in which all
open spaces including joints, fractures, interstitial voids, and pores are filled
with groundwater. The thickness and extent of a saturated zone may vary seasonally
or periodically in response to changes in the rate or amount of groundwater recharge
or discharge.
(130) "Scum" means a mass
of sewage solids floating at the surface of sewage that is buoyed up by entrained
gas, grease, or other substances.
(131) "Seepage Area" means
"effective seepage area."
(132) "Seepage Bed" means
an absorption system having absorption trenches wider than 3 feet.
(133) "Seepage Pit" means
a cesspool that has a treatment facility such as a septic tank ahead of it.
(134) "Seepage Trench System"
means a system with absorption trenches with more than 6 inches of drain media below
the distribution pipe.
(135) "Self-Contained Nonwater-Carried
Waste Containment Facility" means a system in which all waste is contained in a
watertight receptacle, including but not limited to vault privies, chemical toilets,
combustion toilets, recirculating toilets, and portable toilets.
(136) "Septage" means the
domestic liquid and solid sewage pumped from septic tanks, cesspools, holding tanks,
vault toilets, chemical toilets or other similar domestic sewage treatment components
or systems and other sewage sludge not derived at sewage treatment plants.
(137) "Septic Tank" means
a watertight receptacle that receives sewage from a sanitary drainage system and
is designed to separate solids from liquids, digest organic matter during a period
of detention, and allow the liquids to discharge to a second treatment unit or to
a soil absorption facility.
(138) "Septic Tank Effluent"
means partially treated sewage that is discharged from a septic tank.
(139) "Serial Distribution"
means the distribution of effluent to a set of absorption trenches constructed at
different elevations in which one trench at a time receives effluent in consecutive
order beginning with the uppermost trench by means of a drop box, a serial overflow,
or another approved distribution unit. The effluent in an individual trench must
reach a level of 2 inches above the distribution pipe before effluent is distributed
to the next lower trench.
(140) "Sewage" means water-carried
human and animal wastes, including kitchen, bath, and laundry wastes from residences,
buildings, industrial establishments, or other places, together with any groundwater
infiltration, surface waters, or industrial waste that may be present.
(141) "Sewage Disposal Service"
means:
(a) The construction of onsite
wastewater treatment systems (including the placement of portable toilets) or any
part thereof;
(b) The pumping out or cleaning
of onsite wastewater treatment systems (including portable toilets) or any part
thereof;
(c) The disposal of material
derived from the pumping out or cleaning of onsite wastewater treatment systems
(including portable toilets); or
(d) Grading, excavating,
and earth-moving work connected with the operations described in subsection (a)
of this section.
(142) "Sewage Stabilization
Pond" means a pond designed to receive the raw sewage flow from a dwelling or other
building and retain that flow for treatment without discharge.
(143) "Site Evaluation Report"
means a report on the evaluation of a site to determine its suitability for an onsite
system prepared in accordance with OAR 340-071-0150.
(144) "Slope" means the rate
of fall or drop in feet per 100 feet of the ground surface. It is expressed as percent
of grade.
(145) "Soil Permeability"
refers to the ability of a soil to transmit water or air.
(146) "Soil Separate" means
the size of soil particles described in Table 7.
(147) "Soil Texture" means
the amount of each soil separate in a soil mixture. Field methods for judging the
texture of a soil consist of forming a cast of soil, both dry and moist, in the
hand and pressing a ball of moist soil between thumb and finger.
(a) The major textural classifications
are defined as follows and shown in Table 6.
(A) Sand: Individual grains
can be seen and felt readily. Squeezed in the hand when dry, this soil will fall
apart when the pressure is released. Squeezed when moist, it will form a cast that
will hold its shape when the pressure is released but will crumble when touched.
(B) Loamy Sand: Consists
primarily of sand, but has enough silt and clay to make it somewhat cohesive. The
individual sand grains can readily be seen and felt. Squeezed when dry, the soil
will form a cast that will readily fall apart, but if squeezed when moist, a cast
can be formed that will withstand careful handling without breaking.
(C) Sandy Loam: Consists
largely of sand, but has enough silt and clay present to give it a small amount
of stability. Individual sand grains can be readily seen and felt. Squeezed in the
hand when dry, this soil will readily fall apart when the pressure is released.
Squeezed when moist, it forms a cast that will not only hold its shape when the
pressure is released but will withstand careful handling without breaking. The stability
of the moist cast differentiates this soil from sand.
(D) Loam: Consists of an
even mixture of the different sizes of sand and of silt and clay. It is easily crumbled
when dry and has a slightly gritty, yet fairly smooth feel. It is slightly plastic.
Squeezed in the hand when dry, it will form a cast that will withstand careful handling.
The cast formed of moist soil can be handled freely without breaking.
(E) Silt Loam: Consists of
a moderate amount of fine grades of sand, a small amount of clay, and a large quantity
of silt particles. Lumps in a dry, undisturbed state appear quite cloddy, but they
can be pulverized readily; the soil then feels soft and floury. When wet, silt loam
runs together in puddles. Either dry or moist, casts can be handled freely without
breaking. When a ball of moist soil is passing between thumb and finger, it will
not press out into a smooth, unbroken ribbon but will have a broken appearance.
(F) Clay Loam: Consists of
an even mixture of sand, silt, and clay that breaks into clods or lumps when dry.
When a ball of moist soil is pressed between the thumb and finger, it will form
a thin ribbon that will readily break, barely sustaining its own weight. The moist
soil is plastic and will form a cast that will withstand considerable handling.
(G) Silty Clay Loam: Consists
of a moderate amount of clay, a large amount of silt, and a small amount of sand.
It breaks into moderately hard clods or lumps when dry. When moist, a thin ribbon
or 1/8-inch wire can be formed between thumb and finger that will sustain its weight
and will withstand gentle movement.
(H) Silty Clay: Consists
of even amounts of silt and clay and very small amounts of sand. It breaks into
hard clods or lumps when dry. When moist, a thin ribbon or 1/8 inch or smaller wire
formed between thumb and finger will withstand considerable movement and deformation.
(I) Clay: Consists of large
amounts of clay and moderate to small amounts of sand and silt. It breaks into very
hard clods or lumps when dry. When moist, a thin, long ribbon or 1/16-inch wire
can be molded with ease. Fingerprints will show on the soil, and a dull to bright
polish is made on the soil by a shovel.
(b) Soil textural characteristics
described in the United States Department of Agriculture Textural Classification
Chart are incorporated herein by reference. This textural classification chart is
based on the Standard Pipette Analysis as defined in the United States Department
of Agriculture, Soil Conservation Service Soil Survey Investigations Report No.
1 (See Table 6). [Table not included. See ED. NOTE.]
(148) "Soil with Rapid or
Very Rapid Permeability" means:
(a) Soil that contains 35
percent or more of coarse fragments 2 millimeters in diameter or larger by volume
with interstitial soil of sandy loam texture or coarser;
(b) Coarse textured soil
defined as loamy sand or sand in this rule; or
(c) Stones, cobbles, gravel,
and rock fragments with too little soil material to fill interstices larger than
1 millimeter in diameter.
(149) "Split Waste Method"
means a process where black waste sewage and graywater from the same dwelling or
building are managed by separate systems.
(150) "Stabilized Dune" means
a sand dune that is similar to an active dune except that vegetative growth is dense
enough to prevent blowing of sand. The surface horizon is either covered by a mat
of decomposed and partially decomposed leaves, needles, roots, twigs, moss, or other
vegetative material or contains roots to a depth of at least 6 inches and has a
color value of 3 or less.
(151) "Standard Subsurface
System" means an onsite wastewater treatment system consisting of a septic tank,
distribution unit, and absorption facility constructed in accordance with OAR 340-071-0220.
(152) "Steep Slope System"
means a seepage trench system installed on slopes greater than 30 percent and less
than or equal to 45 percent.
(153) "Subsurface Absorption
System" means the combination of a septic tank or other treatment unit and an effluent
sewer and absorption facility.
(154) "Subsurface Sewage
Disposal" means "subsurface wastewater treatment."
(155) "Subsurface Disposal
System" means "subsurface absorption system."
(156) "Subsurface Wastewater
Treatment" means the dispersal of wastewater from a septic tank or other treatment
unit into the zone of aeration to be further treated through physical, chemical,
or biological processes.
(157) "System" or "onsite
system" means "onsite wastewater treatment system."
(158) "Temporary Groundwater
Table" means the upper surface of a saturated zone that exists only on a seasonal
or periodic basis. Like a permanent groundwater table, the elevation of a temporary
groundwater table may fluctuate, but a temporary groundwater table and associated
saturated zone will dry up for a period of time each year.
(159) "Test Pit" means an
open pit dug to sufficient size and depth to permit thorough examination of the
soil to evaluate its suitability for subsurface wastewater treatment.
(160) "Third-Party" means
a consulting firm, research institute, academic institute, or other similar entity
with no vested interest in the outcome of test results of a material, design, or
technology under evaluation.
(161) "Tile Dewatering System"
means an alternative system in which the absorption facility is encompassed with
field collection drainage tile to reduce and control a groundwater table and create
a zone of aeration below the bottom of the absorption facility.
(162) "Toilet Facility" means
a fixture housed within a toilet room or shelter to receive black waste.
(163) "Total Kjeldahl Nitrogen"
(TKN) means the combination of ammonia and organic nitrogen, excluding nitrate and
nitrite nitrogen.
(164) "Total Nitrogen" (TN)
means the sum of all nitrogen forms.
(165) "Total Suspended Solids"
(TSS) means solids in wastewater that can be removed readily by standard filtering
procedures in a laboratory and reported as milligrams per liter (mg/L).
(166) "Treatment" means
the alteration of the quality of wastewaters by physical, chemical, or biological
means or combination thereof to reduce potential degradation of water quality or
the environment and risk to public health.
(167) "Treatment Standard
1" means a 30-day average of less than 20 mg/L of BOD5 and 20 mg/L of TSS. A 30-day
average of less than 17 mg/L of CBOD5 is acceptable in lieu of the BOD5 value.
(168) "Treatment Standard
2" means a 30-day average of less than 20 mg/L of BOD5 and 20 mg/L of TSS, a 30-day
geometric mean of less than 400 fecal coliform per 100 milliliters, and a 30-day
average of 30 mg/L of TN. A 30-day average of less than 17 mg/L of CBOD5 is acceptable
in lieu of the BOD5 value.
(169) "Turbidity" means the
optical condition of waters caused by suspended or dissolved particles or colloids
that scatter and absorb light rays instead of transmitting light in straight lines
through the water column. Turbidity may be expressed as nephelometric turbidity
units (NTU) measured with a calibrated turbidimeter.
(170) "Underdrain Media"
means the material placed under the sand filter media in a sand filter and consists
of clean, washed pea gravel with 100 percent passing the 1/2 inch sieve, 18 to 100
percent passing the 1/4 inch sieve, 5 to 75 percent passing the No. 4 sieve, 24
percent or less passing the No. 10 sieve, 2 percent or less passing the No. 16 sieve,
and 1 percent or less passing the No. 100 sieve.
(171) "Unstable Landforms"
means areas showing evidence of mass downslope movement such as debris flow, landslides,
rockfall, and hummock hill slopes with undrained depressions upslope. Examples are
landforms exhibiting slip surfaces roughly parallel to the hillside; landslide scars
and curving debris ridges; fences, trees, and telephone poles that appear tilted;
and tree trunks that bend uniformly as they enter the ground. Active sand dunes
are unstable landforms.
(172) "Vertisols" means a
mineral soil characterized by a high content of swelling-type clays that in dry
seasons cause the soils to develop deep, wide cracks.
(173) "WPCF Permit" means
a Water Pollution Control Facilities permit that has been issued under OAR chapter
340, divisions 045 or 071.
(174) "Wastewater" means
"sewage."
(175) "Zone of Aeration"
means the unsaturated zone that occurs below the ground surface and above the point
at which the upper limit of the water table exists.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 454.625
& 468.020
Stats. Implemented: ORS 454.605
& 454.615
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 5-1982, f. & ef. 3-9-82; DEQ 8-1983, f. & ef. 5-25-83;
DEQ 15-1986, f. & ef. 8-6-86; DEQ 6-1988, f. & cert. ef. 3-17-88; DEQ 27-1994,
f. 11-15-94, cert. ef. 4-1-95; DEQ 12-1997, f. & cert. ef. 6-19-97; DEQ 16-1999,
f. & cert. ef. 12-29-99; DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 11-2004,
f. 12-22-04, cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14; DEQ 11-2014,
f. & cert. ef. 10-15-14
340-071-0110
Purpose
These rules establish requirements for
the construction, alteration, repair, operation, and maintenance of 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.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.605
- 454.780
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 11-2004, f. 12-22-04,
cert. ef. 3-1-05
340-071-0115
Technical Review Committee
(1) The Director may form a Technical
Review Committee (TRC) to advise and assist DEQ in:
(a) Implementing the onsite
wastewater management program, including development of 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.
(2) Committee composition
and term. The TRC may consist of up to 9 persons appointed for 3-year, staggered
terms by and serving at the pleasure of the Director. The TRC may include onsite
wastewater treatment experts from local government, DEQ, equipment manufacturers,
consultants, installers and pumpers and other persons with technical or scientific
knowledge applicable to the onsite program.
(3) Chair. The Director will
approve the chair of the TRC for a term determined by the Director.
(4) Meeting frequency. DEQ
may convene the TRC as necessary and reimburse members for reasonable expenses in
accordance with DEQ policy.
(5) Staffing. DEQ will provide
the necessary technical, engineering, and clerical staff and services for the TRC
to fulfill its responsibilities in a timely, professional, informed, and responsible
manner.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.775
Hist.: DEQ 27-1994, f.&
cert. ef. 11-15-94; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05; DEQ 14-2013, f.
12-20-13, cert. ef. 1-2-14
340-071-0120
Jurisdiction and Policy
(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 in conformance with the rules adopted by the commission;
(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 construction, installation, maintenance, replacement, and repair of onsite systems
required in this division and OAR chapter 340, division 073.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.615,
454.655, 454.665, 454.725 & 454.755
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 5-1982, f. & ef. 3-9-82; DEQ 27-1994, f. 11-15-94, cert. ef.
4-1-95; DEQ 12-1997, f. & cert. ef. 6-19-97; DEQ 11-2004, f. 12-22-04, cert.
ef. 3-1-05; DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14
340-071-0130
General Standards, Prohibitions and Requirements
(1) Protection of public waters from
public health hazards. An agent may not authorize installation or use of 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
in accordance with 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 performance
of the system 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
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 pursuant to 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. Placement of plumbing in buildings to facilitate connection to
a sewerage system is encouraged 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
approved by the agent, 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 form
approved by DEQ, 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 approved by DEQ, in favor of the owner of the
lot or parcel served by the system in accordance with subsection (a) of this section.
(12) Initial and replacement
absorption area. Except as provided in specific rules, the absorption area, including
installed system and replacement area, must not be subject to activity that is likely,
in the opinion of the agent, to adversely affect the soil or the functioning of
the system. This may include but is not limited to vehicular traffic, covering the
area with asphalt or concrete, filling, cutting, or other soil modification.
(13) Operation and maintenance.
Owners of onsite systems must operate and maintain their systems in compliance with
all permit conditions and applicable requirements in this division and must not
create a public health hazard or pollute public waters. Operation and maintenance
requirements for systems under WPCF permits are established by the WPCF permits
required in this division.
(14) Construction. An agent
may limit the time period during which a system can be constructed to ensure that
soil conditions, weather, groundwater, or other conditions do not adversely affect
the reliability of the system.
(15) Permit requirements:
(a) A person may not cause
or allow construction, alteration, or repair of a system or any part thereof without
a WPCF permit issued under OAR 340-071-0162 or a construction-installation, alteration,
or repair permit under OAR 340-071-0160, 340-071-0210, and 340-071-0215 except for
emergency repairs authorized under OAR 340-071-0215(1) and (2);
(b) The following systems
must be constructed and operated under a renewable WPCF permit issued pursuant to
OAR 340-071-0162:
(A) Any system or combination
of systems located on the same property or serving the same facility and having
a total sewage flow design capacity greater than 2,500 gpd. Flows from single family
residences or equivalent flows on separate systems incidental to the purpose of
the large system or combination of systems (e.g., caretaker residence for a mobile
home park) need not be included;
(B) A system of any size,
if the septic tank effluent produced is greater than residential strength wastewater
as defined in OAR 340-071-0100 or systems using pretreatment methods other than
grease traps and grease interceptor tanks to achieve residential strength wastewater;
(C) Except as provided for
in section (16)(d) of this rule, other systems that are not described in this division
and do not discharge to surface public waters or the ground surface.
(16) WPCF permits for existing
facilities:
(a) The owner of an existing
system required to have a WPCF permit under subsection (15)(b) of this rule is not
required to obtain a WPCF permit until a system major repair or major alteration
of a system, or facility expansion, is necessary;
(b) The permittee of an existing
aerobic treatment unit, recirculating gravel filter, commercial sand filter, or
alternative treatment technology system constructed or operating under a WPCF permit
that is no longer required under section (15) of this rule may request DEQ to terminate
the permit:
(A) The permittee must submit,
on a form approved by DEQ:
(i) A copy of the service
contract required in OAR 340-071-0290, 340-071-0302, or 340-071-0345; and
(ii) A written statement
from a maintenance provider certifying that the system is not failing.
(B) DEQ will send a letter
to the permittee to terminate a WPCF permit. The letter will be deemed a Certificate
of Satisfactory Completion for the permitted system.
(c) DEQ may terminate WPCF
permits for existing holding tanks for which permits are no longer required under
section (15) of this rule. DEQ will send a letter to the permittee to terminate
the permit. The letter will be deemed a Certificate of Satisfactory Completion for
the permitted system;
(d) Permittees of other existing
systems or combination of systems constructed or operating under a WPCF permit may
request DEQ terminate the permit if all of the following conditions are met:
(A) The system or combination
of systems located on the same property or serving the same facility must have a
total sewage flow design capacity of 2,500 gpd or less; and
(B) The system or combination
of systems must not produce septic tank effluent greater than residential strength
wastewater as defined in OAR 340-071-100; and
(C) The system or combination
of systems must have been operating under a WPCF permit prior to July 1, 2007; and
(D) The absorption facility
is described in this division and does not discharge to surface public waters or
the ground surface; and
(E) DEQ determines that the
system or combination of systems is in compliance with the waste disposal limitations
specified in the WPCF permit; and
(F) The permittee submits
a copy of a service contract that meets the requirements of OAR 340-071-0302(6);
and
(G) The permittee submits
a written statement from a maintenance provider certifying that the system is not
failing;
(H) Owners of and maintenance
providers for these systems must operate and maintain the system in accordance with
the requirements described for recirculating gravel filter systems in OAR 340-071-0302(4),
(5), and (6). DEQ will send a letter to the permittee to terminate the WPCF permit.
The letter will be deemed a Certificate of Satisfactory Completion for the permitted
system. Conditions specified in the Certificate of Satisfactory Completion continue
in force as long as the system is in use.
(17) Annual permit fees and
reports:
(a) Owners of pressurized
distribution, sand filter, recirculating gravel filter, and alternative treatment
technology systems and those systems described in section (16)(d) of this rule not
under WPCF permits must submit annual fees and reports as follows:
(A) Owners must pay the annual
report evaluation fee in OAR 340-071-0140(3) by the date specified by DEQ for each
year the system is in operation. A system is placed in operation when it first receives
wastewater and remains in operation until DEQ receives notice the system has been
decommissioned;
(B) Owners must submit written
certification prepared by a maintenance provider on a DEQ-approved form that:
(i) The system has been maintained
in accordance with the requirements of the rules in this division during the reporting
year and is operating in accordance with the agent-approved design specifications;
or
(ii) The owner has applied
for a repair permit under OAR 340-071-0215.
(C) Owners are not required
to submit fees or reports under this subsection that a maintenance provider has
submitted on behalf of the owner in accordance with this section.
(b) Owners of holding tanks
not under WPCF permits. Owners of holding tanks not under WPCF permits must pay
annual fees and reports as follows:
(A) Owners must pay the annual
report evaluation fee in 340-071-0140(3) by the date specified by DEQ for each calendar
year the tank is in operation;
(B) Owners must submit written
certification on a DEQ-approved form that the holding tank has been regularly inspected
and pumped during the reporting year and that the year's service log for the holding
tank is available for inspection by the agent.
(c) Fees for systems under
WPCF permits. Permittees of onsite systems under WPCF permits must pay the annual
compliance determination fee in OAR 340-071-0140(4) by the date specified by DEQ
for each year the system is in operation.
(18) Engineering plan review.
Unless specifically exempted in this division, all plans and specifications for
the construction, installation, or modification of onsite systems must be submitted
to the agent for approval or denial. The design criteria and rules governing the
plan review are as follows:
(a) The agent must review
all plans and specifications for WPCF permits in accordance with OAR chapter 340,
division 052;
(b) Plans and specifications
for construction-installation permits for commercial sand filter, recirculating
gravel filter, and advanced treatment technology systems with design capacities
greater than 600 gpd must be signed by a person registered in accordance with ORS
672 or 700.
(19) Criteria and standards
for design and construction. The criteria and standards for design and construction
in this division and OAR chapter 340, division 073 apply to all onsite systems:
(a) For onsite systems subject
to WPCF onsite permits, DEQ may allow variations of the criteria, standards, and
technologies in this division and OAR chapter 340, division 073 based on adequate
documentation of successful operation of the proposed technology or design. The
system designer must demonstrate the performance of new processes, treatment systems,
and technologies in accordance with OAR chapter 340, division 052;
(b) For systems not requiring
WPCF permits, DEQ may authorize variances from the criteria, standards, and technologies
in this division through the variance processes in OAR 340-071-0415 through 340-071-0445.
(20) Manufacturer's specifications.
All materials and equipment, including but not limited to tanks, pipe, fittings,
solvents, pumps, controls, and valves, must be installed, constructed, operated,
and maintained in accordance with manufacturer's specifications.
(21) Sewer and water lines.
Effluent sewer and water line piping constructed of materials that are approved
for use within a building, as defined by the 2000 Edition of the Oregon State Plumbing
Specialty Code, may be run in the same trench. Effluent sewer pipe of material not
approved for use in a building must not be run or laid in the same trench as water
pipe unless both of the following conditions are met:
(a) The bottom of the water
pipe at all points is at least 12 inches above the top of the sewer pipe;
(b) The water pipe is placed
on a solid shelf excavated at one side of the common trench with a minimum clear
horizontal distance of at least 12 inches from the sewer pipe.
(22) Septage management.
A person may not dispose of wastewater, septage, or sewage-contaminated materials
in any location or manner not authorized by DEQ.
(23) Service Contracts. Service
contracts for servicing and maintaining onsite systems must include:
(a) A schedule for the first
two years of operation that directs the maintenance provider to inspect, adjust
and service the system a minimum of once every six months,
(b) A schedule for subsequent
years of operation that directs the maintenance provider to inspect, adjust and
service the system:
(A) According to the manufacturer’s
specifications in the approved owner’s manual; and
(B) At least once every 12
months.
(c) A clause stating that
the maintenance provider must provide an effluent quality inspection that includes
but is not limited to:
(A) A visual assessment for
color, turbidity, and scum overflow,
(B) An olfactory assessment
for odor, and
(C) Any other performance
assessment or operational diagnosis, which may include sampling of treated effluent
(post-disinfection if disinfection is used) necessary to determine or ensure proper
operation of the facility.
(d) A clause stating that
the maintenance provider must notify the system owner in writing about any improper
system function that cannot be remedied during the time of inspection and include
an estimated date of correction.
(e) Other information and
conditions of the agreement such as:
(A) Owner's name and address;
(B) Property address and
legal description;
(C) Permit requirements;
(D) Contact information for
the owner, maintenance provider, and agent;
(E) Details of service to
be provided, including the service required in this section;
(F) Schedule of maintenance
provider duties;
(G) Cost and length of service
contract and time period covered;
(H) Details of any warranty;
and
(I) Owner's responsibilities
under the contract for routine operation of the onsite system.
(24) A maintenance provider
under a contract required in OAR 340-071-0275, 0290, 0302 & 0345 must:
(a) Observe and record conditions
in the drainfield during all operation and maintenance activities for the system
and report those observations to the system owner;
(b) Make repairs or alteration
to comply with OAR 340-071-0215, 340-071-0210 and other applicable requirements
in this division.
(c) Maintain accurate records
of their service contracts, customers, performance data, and time lines for renewing
the contracts. These records must be available for inspection upon request by the
agent;
(d) Notify the agent of service
contracts that are terminated or not renewed within 30 days of their termination
or expiration,
(e) Make emergency service
available within 48 hours of a service request,
(f) Submit the annual report
required in section (17) and the annual evaluation fee in OAR 340-071-0140(3) for
each system under contract to be serviced by the maintenance provider.
(g) System owners must report
evidence of any system failures to the agent and take appropriate action approved
by the agent to correct the problem.
(25) Groundwater levels.
All groundwater levels must be predicted using conditions associated with saturation.
In areas where conditions associated with saturation do not occur or are inconclusive,
such as in soil with rapid or very rapid permeability, predictions of the high level
of the water table must be based on past recorded observations of an agent. If such
observations have not been made or are inconclusive, the application must be denied
until observations can be made. Groundwater level observations must be made during
the period of the year in which high groundwater normally occurs in an area. A properly
installed nest of piezometers or other methods acceptable to DEQ must be used for
making water table observations.
(26) A person may not submit
information required by statute, rule, permit, or order that is false, inaccurate,
or incomplete.
[Publications: Publications referenced
are available from the agency.]
[ED. NOTE: Tables referenced
are available from the agency.]
Stat. Auth.: ORS 454.625
& 468.020
Stats. Implemented: ORS 454.615,
454.655, 454.695, 468B.050, 468B.055, 468B.080
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 5-1982, f. & ef. 3-9-82; DEQ 8-1983, f. & ef. 5-25-83;
DEQ 9-1984, f. & ef. 5-29-84; DEQ 27-1994, f. & cert. ef. 11-15-94; DEQ
12-1997, f. & cert. ef. 6-19-97; DEQ 8-1998, f. & cert. ef. 6-5-98; DEQ
16-1999, f. & cert. ef. 12-29-99; DEQ 5-2000(Temp), f. 2-24-00, cert. ef. 3-1-00
thru 8-27-00; DEQ 14-2000, f. & cert. ef. 8-24-00; DEQ 11-2004, f. 12-22-04,
cert. ef. 3-1-05; DEQ 5-2007, f. & cert. ef. 7-3-07; DEQ 14-2013, f. 12-20-13,
cert. ef. 1-2-14
340-071-0135
Approval of New or Innovative Technologies,
Materials, or Designs for Onsite Systems
(1) DEQ approval.
(a) Coordination with listing
of alternative treatment technologies, OAR 340-071-0345. Under OAR 340-071-0345,
DEQ maintains a list of alternative treatment technologies (ATTs) that have been
tested by an NSF/ANSI organization that meets the requirements of ISO/IEC 17025
– 2005. The ATT must meet the performance standards and other requirements
in OAR 340-071-0345. ATTs are usually separate treatment units that are installed
in onsite systems. Only listed ATTs may be installed under the siting criteria in
OAR 340-071-0345. This rule provides a process for approving new or innovative technologies,
materials, or designs for various components of onsite systems, such as drainfield
products or appurtenances. Add-on treatment units, such as units to remove nitrogen
following an ATT or sand filter, may also be approved under this rule. However,
DEQ does not intend to approve alternatives to standard systems under this rule.
Alternative systems will need to be listed as ATTs under OAR 340-071-0345 or approved
under new rules in this division.
(b) DEQ may approve new or
innovative technologies, materials, or designs for onsite systems pursuant to this
rule if it determines they will protect public health, safety, and waters of the
state as effectively as systems authorized in this division. DEQ must base approval
on one or more of the following.
(A) A performance evaluation
conducted in accordance with section (3) of this rule that demonstrates the technology,
material, or design will achieve applicable performance standards in OAR chapter
340, divisions 071 and 073 and any additional standards DEQ determines are necessary
to satisfy the requirements of subsection (1)(b) of this rule.
(B) Documentation that the
alternative drainfield products are functionally equivalent to drainfield products
approved by DEQ.
(C) Documentation that the
material used as a substitute for drain media in absorption trenches will achieve
the performance standards and design criteria in section (5) of this rule.
(D) Certification of the
new material, technology, or design for proposed uses by NSF/ANSI, or another program
providing equivalent performance demonstration required by this rule and approved
by DEQ.
(c) DEQ may approve or deny
a request for approval of a new or innovative technology, material, or design or
may limit approval to those locations or conditions for which achievement of standards
has been demonstrated.
(d) DEQ may amend or revoke
approval of a new or innovative material, technology, or design if it determines:
(A) Approval was based on
false or misleading information;
(B) The material, technology,
or design no longer achieves performance standards for which it was approved; or
(C) The manufacturer is not
meeting the requirements in this rule or conditions of the approval.
(2) Requests for approval.
(a) Any person may submit
a completed application for approval of a new or innovative technology, material,
or design for onsite systems to DEQ.
(b) The application must
include the following:
(A) For approval based on
a performance evaluation under paragraph (1)(b)(A) of this rule:
(i) A proposed evaluation
protocol in accordance with section (3) of this rule and a proposed schedule for
completing the proposed evaluation; and
(ii) At the conclusion of
the performance evaluation, documentation demonstrating the technology, material,
or design achieves applicable standards.
(B) For approval under paragraph
(1)(b)(B) of this rule, documentation supporting a determination of functional equivalency.
(C) For approval under paragraph
(1)(b)(C) of this rule, documentation supporting a determination that the applicable
standards will be achieved.
(D) For approval under paragraph
(1)(b)(D) of this rule, documentation of certification by an approved program.
(E) The Innovative or Alternative
Technology, Material, or Design Review fee established in OAR 340-071-0140(5).
(3) Requirements for studies.
Field or other studies used to demonstrate performance of technologies, materials,
or designs under paragraph (1)(b)(A) of this rule must satisfy the following requirements.
(a) Be based on theory or
applied research that supports the intended use of the technology, material, or
design.
(b) Follow an evaluation
protocol that has been peer reviewed and approved by DEQ and that clearly defines
the number of systems for installation reasonably necessary for the study and performance
objectives, including standards to be achieved; performance measurements to validate
attainment of the objectives; and the variables to be considered, including climate,
soil, waste characteristics such as flow and strength, and topography.
(c) Include controls that
represent the standards to be achieved.
(d) Include sufficient monitoring
and reporting of performance data on both the test product and control product to
support direct comparisons to the standards to be achieved.
(e) Address system operations
at maturity and relevant temporal variations to support comparison to the standards
to be achieved.
(f) Be designed and conducted
by a qualified third party approved by DEQ who certifies whether the installation,
monitoring, and evaluation of the systems studied and reports submitted to DEQ satisfy
the requirements of this rule.
(g) At the conclusion of
the study, provide sufficient performance data to demonstrate standards are met.
Data must be peer-reviewed, be scientifically defensible, and have sufficient replication
to be representative and to address variations in climate, soil, topography, waste
loading, and strength relevant to the proposed use.
(4) Installation of onsite
systems for study. The following requirements must be met for each system incorporating
unapproved new or innovative technologies, materials, or designs installed for study
under this rule or OAR 340-071-0130, or former OAR 340-071-0116 or 340-071-0117
(replaced by this rule).
(a) Prior to installation,
the system owner must obtain a WPCF permit under OAR 340-071-0162 or, for a system
incorporating only unapproved drainfield materials and not otherwise requiring a
WPCF permit, or a construction-installation permit under OAR 340-071-0160.
(b) Before installation,
the system owner must provide legal and physical access for construction inspections
and monitoring.
(c) The system owner must
acknowledge that the system being installed is an unapproved technology and must
agree in writing to hold the State of Oregon and its officers, employees, and agents
harmless of any and all loss or damage caused by system failure or defective installation
or operation of the proposed systems.
(d) Before transferring ownership
of a system using an unapproved technology, the system owner must notify all transferees
that the technology has not been approved, and the transferee must agree in writing
to hold the state of Oregon and its officers, employees, and agents harmless of
any and all loss or damage caused by system failure or defective installation or
operation of the proposed systems.
(e) A site evaluation must
be conducted in accordance with this division. Suitable area must be available for
installation of both an initial onsite system and a full replacement system.
(5) Standards and design
criteria for drain media substitutes. To be approved under (1)(b)(C) of this rule,
substitutes for drain media used in absorption trenches, including seepage trenches,
seepage beds, or other similar absorption facilities, must meet the following performance
standards and design criteria.
(a) Performance standards.
New or innovative materials to be used as a substitute for drain media must be structurally
sound, durable, and inert in the environment they are placed. The substitute material
must be capable of passing wastewater toward the infiltrative surfaces at a rate
equal to or greater than gravel drain media.
(b) Design criteria for absorption
trenches.
(A) The trench must be excavated
in conformance with the trench standards described in this division. If warranted
by the design configuration of the substitute material, the trench width may be
less than 24 inches, provided the trench length is increased to compensate for the
loss of the bottom surface area using the following formula: Adjusted Trench Length
= (24 inches ÷ W) x L, where W = the reduced trench width in inches, and
L = the original trench length as specified in paragraph (5)(b)(F) of this rule.
(B) The substitute material
for the drain media must be placed in the trench and be in uniform contact with
the trench bottom and both sidewalls. If voids larger than typically found with
the use of drain media are present along the trench bottom after placement of the
substitute material, steps must be taken to prevent the entry of burrowing rodents.
If the substitute material for drain media is not in uniform contact with both sidewalls,
drain media must be placed in the trench to provide that contact.
(C) The substitute material
for drain media must be placed to provide a uniform sidewall infiltrative surface
depth as measured along the trench sidewall from the bottom to the top of the drain
media substitute in contact with the sidewall. In seepage trenches, the depth of
the substitute material must be greater than 12 inches. If the substitute material
provides less than 12 inches of sidewall contact depth, either drain media must
be placed to accomplish the minimum sidewall contact depth, or the length of the
absorption trench must be increased to compensate for the reduced sidewall seepage
area depth using the following formula: Adjusted Trench Length = (12 inches ÷
D) x L, where D = the reduced sidewall seepage area depth in inches, and L = the
original trench length as specified in paragraph (5)(b)(F) of this rule.
(D) If a substitute material
is used in a trench that is both narrower than 24 inches and has a sidewall contact
depth that is less than 12 inches, the adjusted trench length must be the longer
of the adjusted trench lengths calculated using the formulae in paragraphs (A) and
(C) of this section.
(E) The top surface of the
substitute material for the drain media must be level across the trench and in contact
with each side of the trench. The substitute material for drain media must have
porosity at the top surface that is not appreciably different from the porosity
of drain media. Drain media may be placed across the top of the substitute material
to provide the level surface extending from sidewall to sidewall.
(F) The sizing for standard
absorption trenches using a substitute material for drain media must conform to
applicable criteria in OAR 340-071-0220(2), 340-071-0290(3), or 340-071-0360(2)(a).
Seepage trenches using a substitute material for drain media must be sized in conformance
with applicable criteria in OAR 340-071-0280(2), 340-071-0290(3), 340-071-0310(2),
or 340-071-0360(2)(b).
(c) Design criteria for seepage
beds.
(A) Beds must be excavated
in conformance with the standards described in OAR 340-071-0275(4)(d).
(B) The substitute material
for drain media must be placed in the excavation and in contact with the bottom
and sidewalls of the bed. If voids larger than typically found with the use of drain
media are present along the bottom or sidewalls after placement of the substitute
material, steps must be taken to prevent entry of burrowing rodents.
(C) The substitute material
for drain media must be placed to provide a substitute material depth of at least
12 inches, as measured from the bottom of the excavation to the top of the drain
media substitute. If the depth of the media substitute is less than 12 inches, drain
media must be placed within the excavation to provide this depth.
(D) The upper surface of
the substitute material for drain media must be level from sidewall to sidewall.
The porosity of the top surface of the substitute material must not appreciably
differ from the porosity of drain media. Drain media may be placed across the top
of the substitute material to provide the level surface extending from sidewall
to sidewall.
(E) Seepage beds using a
substitute material for drain media must be sized in conformance to OAR 340-071-0275(4)(d)(B).
(d) Distribution piping in
absorption facilities using a substitute material for drain media must comply with
the appropriate pipe standards in this division and OAR chapter 340, division 073.
(6) Study protocols for substitutes
for drain media — example. This section provides an example study protocol
to demonstrate substitute drain media under paragraph (1)(b)(C) of this rule. Proposed
protocols must be approved for study under section (3) of this rule.
(a) A standard onsite system
must be installed and sized for a given soil group according to Tables 4 and 5 of
this division. The system must be designed to allow a side-by-side performance comparison
of the substitute material with a standard absorption trench (the control). For
this purpose, the drainfield must contain four small test cells, two of them containing
the substitute material and two the standard drain media, which receive septic tank
effluent before the remaining portion of the drainfield. The test cells must represent
approximately one-third of the total drainfield. The cells containing the substitute
material must be sized according to the manufacturer's claim for equivalence to
the standard trench length.
(b) A drop box or similar
monitoring box containing a sump must be placed at the end of each test cell. All
drop boxes must be connected to the remaining portion of the drainfield.
(c) The test cells must be
fed by a pump and a hydrosplitter to distribute the effluent equally to each test
cell. Installation of a water meter or pump cycle-counter may be required.
(d) Observation ports must
be installed in each test cell to allow measurement and recording of the effluent
ponding depth.
(e) Domestic wastewater coming
directly from a septic tank connected to a residence or facility must be used in
the field study.
(f) The performance standard
to be achieved is the acceptance rate of the effluent by the substitute material,
measured by observing the time required for each test cell to overflow to the drop
box.
(g) The test must conclude
at the end of three years or when overflow is observed in one of each paired test
cells, whichever occurs first. Observation of overflow or no overflow and of ponding
must be recorded at least monthly.
(h) For approval for statewide
use, the testing described in this section must be duplicated at sites within the
two major climatic regimes of Oregon (west of the Cascade Mountain Range and east
of the Cascade Mountain Range) and in each of the soil groups described in Tables
4 and 5 of this division. At least 18 duplicate sites are required, with
3 sites in each of 3 soil groups in the 2 major climatic regimes of Oregon. Studies
may include additional sites.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 454.625
& 468.020
Stats. Implemented: ORS 454.607,454.615,
454.784, 468.035,468.045,468.065 & 468B.050
Hist.: DEQ 16-1999, f. &
cert. ef. 12-29-99; DEQ 14-2000, f. & cert. ef. 8-24-00; Renumbered from 340-071-0116
& 340-071-0117, DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05; DEQ 14-2013, f.
12-20-13, cert. ef. 1-2-14
340-071-0140
Onsite System Fees
(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. [Table not included. See ED. NOTE.]
(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 upon DEQ implementation of online reporting.
[Table not included. See ED. NOTE.]
(4) WPCF permit fees. Fees
in this section apply to WPCF permits issued pursuant to OAR 340-071-0162. Table
9D lists the WPCF permit fees. [Table not included. See ED. NOTE.]
(5) Table 9F lists the innovative,
Alternative Technology and Material Plan Review fees. [Table not included. See ED.
NOTE.]
(6) Table 9E lists the Sewage
Disposal Service License and Truck Inspection fees. [Table not included. See ED.
NOTE.]
(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.
(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) A copy of the fee schedule
and any subsequent amendments to the schedule must be submitted to DEQ.
(c) Fees may not exceed actual
costs for efficiently conducted services.
(10) DEQ surcharge.
(a) To offset a portion of
the administrative and program oversight costs of the statewide onsite wastewater
management program, DEQ and contract counties must levy a surcharge for each site
evaluation, report permit, and other activity for which an application is required
in this division. The surcharge fee is listed in Table 9F. This surcharge does not
apply to pumper truck inspections, annual report evaluation fees, or certification
of installers or maintenance providers. [Table not included. See ED. NOTE.]
(b) Proceeds from surcharges
collected by DEQ and contract counties must be accounted for separately. Each contract
county must forward the proceeds to DEQ in accordance with its agreement with the
DEQ.
(11) Refunds. DEQ may refund
all or a portion of a fee accompanying an application if the applicant withdraws
the application before any field work or other substantial review of the application
has been done.
[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 454.625,
468.020 & 468.065(2)
Stats. Implemented: ORS 454.745,
468.065 & 468B.050
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 19-1981, f. 7-23-81, ef. 7-27-81; DEQ 5-1982, f. & ef. 3-9-82;
DEQ 8-1983, f. & ef. 5-25-83; DEQ 9-1984, f. & ef. 5-29-84; DEQ 13-1986,
f. & ef. 6-18-86; DEQ 15-1986, f. & ef. 8-6-86; DEQ 6-1988, f. & cert.
ef. 3-17-88; DEQ 11-1991, f. & cert. ef. 7-3-91; DEQ 18-1994, f. 7-28-94, cert.
ef. 8-1-94; DEQ 27-1994, f. & cert. ef. 11-15-94; DEQ 12-1997, f. & cert.
ef. 6-19-97; Administrative correction 1-28-98; DEQ 8-1998, f. & cert. ef. 6-5-98;
DEQ 16-1999, f. & cert. ef. 12-29-99; Administrative correction 2-16-00; DEQ
9-2001(Temp), f. & cert. ef. 7-16-01 thru 12-28-01; DEQ 14-2001, f. & cert.
ef. 12-26-01; DEQ 2-2002, f. & cert. ef. 2-12-02; DEQ 11-2004, f. 12-22-04,
cert. ef. 3-1-05; DEQ 7-2008, f. 6-27-08, cert. ef. 7-1-08; DEQ 10-2009, f. 12-28-09,
cert. ef. 1-4-10; DEQ 7-2010, f. 8-27-10, cert. ef. 9-1-10; DEQ 9-2011, f. &
cert. ef. 6-30-11; DEQ 6-2012, f. 10-31-12, cert. ef. 11-1-12; DEQ 8-2013, f. 10-23-13,
cert. ef. 11-1-13; DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14; DEQ 11-2014, f. &
cert. ef. 10-15-14; DEQ 13-2014, f. 11-14-14, cert. ef. 12-1-14; DEQ 4-2015, f.
& cert. ef. 2-3-15
340-071-0150
Site Evaluation Procedures
(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 in accordance with 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 other procedures
are approved by DEQ for a contract county, applicants must provide at least two
test pits, with dimensions and configuration as directed by the agent, 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.
(3) Site evaluation report.
(a) The agent or, for WPCF
permits, an agent or a qualified private contractor must evaluate the site of the
proposed system, consider all system options, and provide a report of such evaluation.
(b) The site evaluation report
must be on a form approved by DEQ.
(c) The report must contain,
at a minimum, a site diagram and observations of the following site characteristics.
(A) Parcel size;
(B) Slope in absorption field
and replacement areas (percent and direction);
(C) Surface streams, springs,
other bodies of water;
(D) Existing and proposed
wells;
(E) Escarpments;
(F) Cuts and fills;
(G) Unstable landforms;
(H) Soil profiles determined
from test pits provided by applicant;
(I) Water table levels (as
indicated by conditions associated with saturation or water table observations);
(J) Useable area for initial
and replacement absorption areas;
(K) Encumbrances observed
or listed on the application;
(L) Sewerage availability;
(M) Other observations including
off-site features as appropriate.
(d) Site evaluation reports
for subdivisions or other land divisions must be based on an evaluation of each
lot.
(e) Specific conditions or
limitations imposed on an approved site must be listed on the evaluation report.
(f) A site evaluation report
approving a site for a system qualifies the property owner for a permit to construct
a system on that property if other requirements for a permit are met.
(4) Approval or denial:
(a) A site must be approved
for a system if the site evaluation report documents the following:
(A) The site evaluation report
identifies the types of the initial and replacement systems for which the site is
approved.
(B) All criteria for approval
of a specific type or types of systems, as described in this division are satisfied.
(C) Each lot or parcel has
sufficient usable area available to accommodate an initial and replacement system.
The usable area may be located within the lot or parcel or within the bounds of
another lot or parcel that is secured in accordance with OAR 340-071-0130(11). The
initial and replacement systems may be of different types, e.g., a standard subsurface
system as the initial system and an alternative system as the replacement system.
The site evaluation report must indicate the types of the initial and replacement
systems for which the site is approved.
(D) A replacement area is
not required in areas under control of a legal entity such as a city, county, or
sanitary district if the legal entity gives a written commitment that sewerage service
will be provided within five years.
(b) A site must be denied
if the conditions identified in section (4)(a) of this rule are not met.
(c) Changes in technical
requirements in this division may not invalidate a site approval but may require
design changes or use of a different type of system.
(5) Site evaluation report
review. An applicant may request DEQ to review a site evaluation report issued by
an agent. The application for review must be submitted to DEQ in writing within
60 days after the site evaluation report issue date and must include the site evaluation
review fee in OAR 340-071-0140(2). DEQ will review and approve or disapprove the
site evaluation report.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.655
& 454.755
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 5-1982, f. & ef. 3-9-82; DEQ 8-1983, f. & ef. 5-25-83;
DEQ 9-1984, f. & ef. 5-29-84; DEQ 15-1986, f. & ef. 8-6-86; DEQ 27-1994,
f. 11-15-94, cert. ef. 4-1-95; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05; DEQ 14-2013,
f. 12-20-13, cert. ef. 1-2-14
340-071-0155
Existing System Evaluation Report
(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
in accordance with ORS chapter 672 with knowledge and experience inspecting onsite
systems;
(B) Registered Environmental
Health Specialist or Wastewater Specialist in accordance with 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 approved in writing by DEQ.
(b) An evaluation must include
the following:
(A) An examination of the
records available on the existing system, including all permit records and pumping
and other maintenance records.
(B) For existing systems
without a permit record, the inspector must create a record to document system materials,
components, and location. Methods used to create the record may include the use
of soil probes, metal detectors, electronic pipe tracers, radio and video technology,
and uncovering system components.
(C) A field inspection of
the existing system.
(D) A report of findings
on a form approved by DEQ including the information obtained relevant to system
performance, such as age; usage; records of installation, maintenance, and repairs;
type, size, capacity, and condition of components; evidence of any failures; other
relevant information (e.g., condition of repair area if known); and a complete sketch
of the system showing location and distances of major components.
(E) The evaluation must include
all portions of the system that serve the facility, including any portion located
on a lot or parcel different from the lot or parcel on which the facility the system
serves is located.
(2) A person may not conduct
an existing system evaluation required by this rule unless he or she meets the qualifications
in subsection (1)(a) of this rule prior to conducting the evaluation.
(3) Any person may request
an agent to provide an evaluation report on an existing onsite wastewater treatment
system.
(4) A completed application
form must be submitted to the agent with all necessary exhibits and the existing
system evaluation fee in OAR 340-071-0140(2).
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.615,
454.755, 468B.015 & 468B.080
Hist.: DEQ 8-1983, f. &
ef. 5-25-83; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 11-2004, f. 12-22-04,
cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14
340-071-0160
Permit Application Procedures —
Construction, Installation, Alteration, and Repair Permits
(1) Permittees. A permit for construction
of 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
the applicable permit application fee in OAR 340-071-0140(3). Applications that
are not completed in accordance 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 identified and approved
by the agent 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.
(3) Deadlines for action.
The agent must either issue or deny the permit within 20 days after receipt of the
completed application unless weather conditions or distance and unavailability of
transportation prevent the agent from timely action. The agent must notify the applicant
in writing of any delay and the reason for delay and must either issue or deny the
permit within 60 days after the mailing date of notification.
(4) Permit denial. The agent
must deny a permit if any of the following occurs.
(a) The application contains
false information.
(b) The application was wrongfully
received by the agent.
(c) The proposed system would
not comply with applicable requirements in this division or in OAR chapter 340,
division 073.
(d) The proposed system,
if constructed, would violate a commission moratorium under OAR 340-071-0460.
(e) The proposed system location
is encumbered as described in OAR 340-071-0130(8).
(f) A sewerage system that
can serve the proposed sewage flow is both legally and physically available, as
described in paragraphs (A) and (B) of this subsection.
(A) Physical availability.
(i) A sewerage system is
considered available if topographic or man-made features do not make connection
physically impractical and one of the following applies.
(I) For a single family dwelling
or other establishment with a maximum projected daily sewage flow not exceeding
899 gallons, the nearest sewerage connection point from the property to be served
is within 300 feet.
(II) For a proposed subdivision
or group of two to five single family dwellings or other establishment with the
equivalent projected daily sewage flow, the nearest sewerage connection point from
the property to be served is not further than 200 feet multiplied by the number
of dwellings or dwelling equivalents.
(III) For proposed subdivisions
or other developments with more than five single family dwellings or equivalent
flows, the agent will determine sewerage availability.
(B) Legal availability. A
sewerage system is deemed legally available if the system is not under a DEQ connection
permit moratorium and the sewerage system owner is willing or obligated to provide
sewer service.
(5) Permit effective dates.
A permit issued for construction of a system pursuant to this rule is effective
for one year from the date of issuance. After a system has been installed pursuant
to the permit and a Certificate of Satisfactory Completion has been issued for the
installation, conditions specified in the Certificate of Satisfactory Completion
continue in force as long as the system is in use.
(6) Permit renewal, reinstatement,
or transfer. An agent may renew, reinstate, or transfer a permit if the following
conditions are met.
(a) The applicant submits
a completed application for permit renewal before the permit expiration date or
for reinstatement within one year after the permit expiration date.
(b) Applications for transfer
of a permit from a permittee to another person must be filed before the permit expiration
date. Only the name of the permittee may be changed in a transfer.
(c) Applications for permit
renewal, reinstatement, or transfer must conform to the requirements of this rule
and the permit will be issued or denied in accordance with this rule.
(7) Temporary holding tank.
If a permit has been issued pursuant to these rules but existing soil moisture conditions
preclude the construction of the soil absorption system, an agent may approve installation
of a septic tank for use as a temporary holding tank for up to 12 months. Before
approval, the permittee must demonstrate that the outlet of the tank has been sealed
with a water tight seal and that the permittee has entered into a pumping contract
for the tank. Unless otherwise authorized by the agent, the septic tank must be
designed and constructed in accordance with OAR 340-071-0340.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.615
& 454.655
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 19-1981, f. 7-23-81, ef. 7-27-81; DEQ 8-1983, f. & ef. 5-25-83;
DEQ 15-1986, f. & ef. 8-6-86; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ
16-1999, f. & cert. ef. 12-29-99; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05;
DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14
340-071-0162
Permit Application Procedures —
WPCF Permits
(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 provided
by DEQ 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
served by the system 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).
(3) Applications that are
obviously incomplete, improperly signed, or lacking required exhibits clearly identified
will not be accepted by DEQ for filing and will be returned for completion. Applications
that are correctly signed and appear administratively complete will be considered
timely upon receipt. A request for further information under section (4) of this
rule will not affect the timeliness of an application.
(4) Within 45 days after
receipt of an application, DEQ will preliminarily review the application to determine
the adequacy of the information submitted. Failure to complete this review within
45 days does not preclude DEQ from later requesting additional information from
the applicant as provided in this section.
(a) DEQ will request in writing
from the applicant any additional information needed to review the application.
The application will be considered withdrawn if the applicant fails to submit the
requested information within 90 days of the request.
(b) If DEQ determines that
additional measures are necessary to gather facts regarding the application, DEQ
will notify the applicant of measures to be instituted and the timetable and procedures
to be followed. The application will be considered withdrawn if the applicant fails
to comply with the additional measures.
(5) Draft permit review.
Before issuing a permit, DEQ will send a draft permit to the applicant for review.
The applicant will have up to 14 calendar days to comment on the draft permit.
(6) Public participation.
DEQ will provide for public participation in accordance with the requirements for
WPCF permits in OAR chapter 340, division 045.
(7) Final DEQ action. DEQ
must take final action on the permit application within 45 days of the close of
the public comment period if a comment period is required. DEQ will consider all
timely comments and other information obtained pertinent to the permit action. DEQ
will notify the applicant of the action taken.
(8) Applicant's appeal rights.
DEQ's final action is effective 20 days from the date of service of the notice to
the applicant of DEQ's final action unless the applicant requests a hearing before
the effective date. The request for a hearing must be in writing and state the grounds
for the request. Any hearing will be conducted as a contested case hearing in accordance
with ORS 183.413 through 183.470 and OAR chapter 340, division 011.
(9) Permit term. The term
of a permit issued pursuant to this rule may not exceed ten years. The expiration
date will be recorded on each permit issued.
(10) For systems that are
proposed to be or are operating under a WPCF permit, a person may not construct,
alter, or repair the system or any part thereof unless that person is licensed under
ORS 454.695 or is the permittee.
(11) A person may not connect
to or use any system authorized by a WPCF permit unless the system has been inspected
and certified in accordance with OAR chapter 340, division 052 and DEQ has accepted
that certification.
(12) Renewal of a permit.
The procedures for issuance of a new WPCF permit apply to renewal of a permit. A
permit may be renewed if a completed permit renewal application, on forms provided
by DEQ, is filed with DEQ at least sixty days before the permit expires. The permit
will not expire until final action has been taken on a timely renewal application.
(13) DEQ may terminate, revoke,
modify, or transfer a permit in accordance with the rules in OAR chapter 340, division
045 applicable to WPCF permits.
(14) Rules which do not apply
to WPCF applicants or permittees.
(a) Because the permit review,
issuance, and appeal procedures for WPCF permits are different from those of other
onsite permits in these rules, the following rules do not apply to WPCF applicants
or permittees: OAR 340-071-0135; 340-071-0155; 340-071-0160(1), (2)(a), (b), and
(d), (3), (5) and (6); 340-071-0165(1); 340-071-0170; 340-071-0175; 340-071-0185;
340-071-0200; 340-071-0205; 340-071-0210; 340-071-0215(1), (2), (3), and (5); 340-071-0275(4)(c)(A);
340-071-0290(7); 340-071-0295(1); 340-071-0302(6); 340-071-0330; 340-071-0345(1)-(7)
and (9)-(14); 340-071-0360(2)(b)(B); 340-071-0410; 340-071-0415; 340-071-0420; 340-071-0425;
340-071-0430; 340-071- 0435; 340-071-0440; 340-071-0445; and 340-071-0500.
(b) WPCF permit applicants
and permittees are not subject to any WPCF permit-related fees other than those
specified in OAR 340-071-0140.
(c) The following rules in
OAR chapter 340, division 073 do not apply to WPCF applicants or permittees: OAR
340-073-0030(1); 340-073-0065; 340-073-0070; and 340-073-0075.
Stat. Auth.: ORS 454.625, 468.020 &
468.065(2)
Stats. Implemented: ORS 468.065,
468.070, 468B.050 & 468B.055
Hist.: DEQ 27-1994, f. 11-15-94,
cert. ef. 4-1-95; DEQ 12-1997, f. & cert. ef. 6-19-97; DEQ 16-1999, f. &
cert. ef. 12-29-99; DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 2-2002, f. &
cert. ef. 2-12-02; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13,
cert. ef. 1-2-14
340-071-0165
Permit Denial Review — Construction-Installation, Repair, Alteration Permits
(1) Upon request of the applicant, DEQ
must review a permit denied by an agent. The application for review must be submitted
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 in accordance with ORS chapter 183 and OAR chapter 340, division 011.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.655
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 5-1982, f. & ef. 3-9-82; DEQ 27-1994, f. 11-15-94, cert. ef.
4-1-95; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13, cert.
ef. 1-2-14
340-071-0170
Pre-Cover Inspections
(1) System installers must request a
pre-cover inspection when construction, alteration, or repair of a system is complete
except for backfill (cover) and as otherwise required by a permit. The agent must
inspect the installation to determine whether it complies with this division, unless
the agent waives the inspection in accordance with 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 request by the agent,
the installer submits to the agent photographs of those portions of the construction
for which the inspection is waived.
(3) To request a pre-cover
inspection, the installer must submit the following information to the agent at
the time construction of the system is complete.
(a) A detailed and accurate
as-built plan of the constructed system.
(b) A list of all materials
used in the construction of the system.
(c) Certification on an approved
form signed by the permittee who installed the system or an installer certified
in accordance with OAR 340-071-0650 on a DEQ-approved form that the system was constructed
in accordance with the permit, this division, and OAR chapter 340, division 073.
(4) An agent may require
an owner to pay the reinspection fee in OAR 340-071-0140(3) when a pre-cover inspection
correction notice requires correction of improper construction and, at a subsequent
inspection, the agent finds system construction deficiencies have not been corrected.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.665

Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 15-1986, f. & ef. 8-6-86; DEQ 27-1994, f. 11-15-94, cert. ef.
4-1-95; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13, cert.
ef. 1-2-14
340-071-0175
Certificate of Satisfactory Completion
(1) The agent may issue a Certificate of Satisfactory Completion for a system installation if, upon inspection, the agent determines the system complies with applicable requirements in this division and OAR chapter 340, division 073 and the conditions of the permit.
(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 in accordance with 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 in accordance with section (3) of this rule.
(5) The permittee must ensure satisfactory completion of a system installation within 30 days after written notification or posting of a Correction Notice in accordance with section (2) of this rule unless the agent agrees to a later time.
(6) A person may not connect to or use any system completed after January 1, 1974, unless a Certificate of Satisfactory Completion has been issued for the installation or deemed issued by operation of law in accordance with this rule.
(7) Unless otherwise required by the agent, the system installer must backfill (cover) a system within 10 days after issuance of a Certificate of Satisfactory Completion for that system.
(8) A Certificate of Satisfactory Completion is valid for a period of five years for connection of the system to the facility for which it was constructed. After the five-year period, an Authorization Notice, alteration permit, or construction-installation permit may be required under OAR 340-071-0160, 340-071-0205, or 340-071-0210.
(9) A permittee may appeal the denial or revocation of a Certificate of Satisfactory Completion in accordance with ORS 183.310 through 183.550 and OAR chapter 340, division 11.
Stat. Auth.: ORS 454.625 & 468.020

Stats. Implemented: ORS 454.655

Hist.: DEQ 10-1981, f. & ef. 3-20-81; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05
340-071-0185
Decommissioning of Systems
(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.
(2) Procedures for decommissioning.
(a) Tanks, cesspools, and seepage pits must be pumped by a licensed sewage disposal service to remove all septage.
(b) Tanks, cesspools, and seepage pits must be filled with reject sand, bar run gravel, or other material approved by the agent, or the container must be removed and properly disposed.
(3) If, in the judgment of the agent, compliance with section (2) of this rule is not reasonably possible or necessary to protect public health, welfare, safety, or public waters, the agent may waive one or both of those requirements.
Stat. Auth.: ORS 454.625 & 468.020

Stats. Implemented: ORS 454.615 & 454.655

Hist.: DEQ 10-1981, f. & ef. 3-20-81; DEQ 5-1982, f. & ef. 3-9-82; DEQ 15-1986, f. & ef. 8-6-86; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05
340-071-0200
Prior Construction Permits or Approvals
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

Hist.: DEQ 10-1981, f. & ef. 3-20-81; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05
340-071-0205
Authorization to Use Existing Systems
(1) Authorization Notice required. Except
as specifically allowed in this rule, 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 safe treatment
of 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.
(3) A completed application
for the Authorization Notice must be submitted to an agent with all required exhibits
and the authorization notice fee in OAR 340-071-0140(3). The exhibits must include:
(a) A land use compatibility
statement from the appropriate land use authority as required in OAR chapter 340,
division 018;
(b) An accurate property
development plan;
(c) An onsite system description;
(d) A lot map or equivalent
plat map for the property;
(e) Documentation of any
hardship claimed;
(f) All other information
the agent finds necessary to complete the application.
(4) An agent may issue an
Authorization Notice valid for up to one year to place into service or change the
use of an existing onsite system when no increase in sewage flow is projected and
the design flow is not exceeded, if:
(a) The existing system is
not failing;
(b) All set-backs between
the existing system and the structure can be maintained; and
(c) In the opinion of the
agent, the proposed use would not create a public health hazard on the ground surface
or in public surface waters.
(5) An agent may issue an
Authorization Notice valid for up to one year to place into service or change the
use of an existing system when projected daily sewage flow would increase by not
more than 300 gallons above the design capacity and not more than 50 percent of
the design capacity for the system if:
(a) The existing system is
not failing;
(b) All set-backs between
the existing system and the structure can be maintained;
(c) A full system replacement
area is available and meets all siting requirements in this division except those
relating to soil conditions and groundwater; and
(d) In the opinion of the
agent, the proposed increase in sewage flow would not create a public health hazard
or pollute water.
(6) A construction-installation
permit is required to place into service or change the use of a system when projected
daily sewage flows would increase by more than 300 gallons above the design capacity
or by more than 50 percent of the design capacity of the system.
(7) Personal hardship.
(a) The agent may issue an
Authorization Notice allowing a temporary dwelling to use an existing system serving
another single family dwelling to provide housing for a person suffering hardship
or for an individual providing care for such a person if:
(A) The agent receives a
hardship approval issued under local planning ordinances;
(B) The system is not failing;
and
(C) The agent receives evidence
that local zoning and land use planning regulations allow placement of a hardship
temporary dwelling on the subject property.
(b) The Authorization Notice
remains in effect for a specified period not to exceed 5 years, but may not exceed
cessation of the hardship. The Authorization Notice may be extended for additional
periods upon application in accordance with the requirements in section (3) of this
rule.
(c) The agent must impose
conditions in the Authorization Notice that are necessary to protect public health.
(8) Temporary placement.
(a) The agent may issue an
Authorization Notice allowing a temporary dwelling to use an existing system serving
another single family dwelling to provide temporary housing for a family member
in need if:
(A) The agent receives evidence
that the family member is in need of temporary housing;
(B) The system is not failing;
(C) A full system replacement
area is available; and
(D) The agent receives evidence
that local zoning and land use planning regulations allow placement of a temporary
dwelling on the subject property.
(b) The Authorization Notice
may authorize use for no more than 2 years and is not renewable. The agent must
impose conditions in the Authorization Notice necessary to protect public health.
If the system fails during the temporary placement and additional replacement area
is no longer available, the owner must disconnect the temporary dwelling from the
system.
(9) If the conditions of
sections (4), (5), (6), (7), and (8) of this rule are not satisfied, the agent must
either deny the Authorization Notice or withhold issuance until necessary alterations
or repairs to the system are made.
(a) Alteration or repair
requires a permit in accordance with OAR 340-071-0160, 340-071-0210, or 340-071-0215.
The agent must credit the Authorization Notice fee submitted with the Authorization
Notice application toward the permit fee.
(b) The agent may require
submittal of the exhibits described in OAR 340-071-0160(2) to complete the permit
application and must issue or deny the permit in accordance with OAR 340-071-0160.
(10) Upon request of the
applicant, DEQ will review an Authorization Notice denied by an agent. The application
for review must be submitted to DEQ in writing within 45 days of the Authorization
Notice denial along with the denial review fee in OAR 340-071-0140(3) and other
information DEQ finds necessary to complete the review. DEQ will prepare a report
of the review.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.615
& 468B.080
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 5-1982, f. & ef. 3-9-82; DEQ 8-1983, f. & ef. 5-25-83;
DEQ 9-1984, f. & ef. 5-29-84; DEQ 11-1991, f. & cert. ef. 7-3-91; DEQ 27-1994,
f. 11-15-94, cert. ef. 4-1-95; DEQ 12-1997, f. & cert. ef. 6-19-97; DEQ 11-2004,
f. 12-22-04, cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14
340-071-0210
Alteration of Existing Onsite Wastewater Treatment Systems
(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 in accordance with this rule or a construction-installation permit in accordance with 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 opinion of the agent, use of the onsite system would not create a public health hazard or result in water pollution.
(b) Alterations do not exceed the existing system design capacity by more than 300 gpd or 50 percent, and:
(A) The existing system is not failing;
(B) The setbacks in Table 1 can be met; and
(C) In the opinion of the agent, use of the onsite system would not create a public health hazard or result in water pollution.
(3) An application for a construction-installation permit in accordance with OAR 340-071-0160 is required when the existing system design capacity is proposed to be exceeded by more than 300 gpd or more than 50 percent.
(4) Certificate of Satisfactory Completion required. Upon completion of installation of that part of a system for which a permit has been 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 for the completed construction in accordance with OAR 340-071-0175. An increase in the projected daily sewage flow into the system is prohibited until the Certificate is issued.
[ED. NOTE: Tables referenced are available from the agency.]
Stat. Auth.: ORS 454.625 & 468.020

Stats. Implemented: ORS 454.615, 454.655, 454.665 & 454.675

Hist.: DEQ 10-1981, f. & ef. 3-20-81; DEQ 8-1983, f. & ef. 5-25-83; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05
340-071-0215
Repair of Existing Systems
(1) A failing system must be 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 a delay is authorized, 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 in accordance with this rule. Emergency repairs may be made 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 has been 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 in accordance with 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 the installation
of an alternative system as necessary.
(5) Notwithstanding the permit
duration specified in OAR 340-071-0160(5), a permit issued pursuant to this rule
may be effective for a period of less than one year from the date of issue if specified
by the agent.
(6) System owners must decommission
failing systems in accordance with OAR 340-071-0185 if the systems cannot be repaired.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.615,
454.655, 454.665, 454.675 & 468B.080
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 5-1982, f. & ef. 3-9-82; DEQ 15-1986, f. & ef. 8-6-86;
DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 11-2004, f. 12-22-04, cert. ef.
3-1-05; DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14
340-071-0220
Standard Subsurface Systems
(1) Criteria For standard subsurface
systems. Each site must meet all of the conditions in this section to be approved
for a standard subsurface system.
(a) Effective soil depth
must extend 30 inches or more below the ground surface as shown in Table 3. A minimum
6-inch separation must be maintained between the layer that limits effective soil
depth and the bottom of the absorption facility.
(b) Water table levels must
be predicted using standards in OAR 340-071-0130(23).
(A) The permanent water table
must be at least 4 feet below the bottom of the absorption facility, except in defined
geographic areas where DEQ has determined through a groundwater study that less
separation will not degrade groundwater or threaten public health. In these exception
areas, the permanent water table must be at least 24 inches below the ground surface.
(B) A temporary water table
must be 24 inches or more below the ground surface. An absorption facility may not
be installed deeper than the top of the temporary water table.
(C) A groundwater interceptor
may be used to intercept or drain water from an absorption area on sites with adequate
slope to permit proper drainage. An agent may require a demonstration that the site
can be de-watered before issuing a site evaluation report approving the site. Where
required, groundwater interceptors are an integral part of the system but do not
need to meet setback requirements to property lines, wells, streams, lakes, ponds,
or other surface water bodies that are required for the wastewater absorption area.
(c) Except as provided in
subsection (d) of this section, soil with rapid or very rapid permeability must
be 36 inches or more below the ground surface. A minimum 18-inch separation must
be maintained between soil with rapid or very rapid permeability and the bottom
of absorption trenches.
(d) Sites may be approved
with no separation between the bottom of absorption trenches and soil with rapid
or very rapid permeability as defined in OAR 340-071-0100(148)(a) and (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 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 nongravelly
(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.
(e) Slopes do not exceed
30 percent or the slope/effective soil depth relationship set forth in Table 3.
(f) The site has not been
filled or the soil has not been modified in a way that would in the opinion of the
agent, adversely affect functioning of the system.
(g) The site is not on an
unstable land form that might adversely affect operation of the system.
(h) The site of the initial
and replacement absorption facility is not covered by asphalt or concrete or subject
to vehicular traffic, livestock, or other activity that would adversely affect the
soil.
(i) The site of the initial
and replacement absorption facility will not be subjected to excessive saturation
from artificial drainage of ground surfaces, driveways, roads, roof drains, or other
circumstances.
(j) Setbacks in Table 1 except
as modified by this subsection can be met.
(A) Surface waters setbacks.
Setback from streams or other surface waters must be measured from bank drop-off
or mean yearly high water mark, whichever provides the greatest separation distance.
(B) Lots created before May
1, 1973. For lots or parcels legally created before May 1, 1973, the agent may approve
installation of a standard or alternative system with a setback from surface waters
of less than 100 feet but not less than 50 feet if all other applicable provisions
of this rule can be met.
(C) Water lines and sewer
lines. Effluent sewer and water line piping constructed of materials that are approved
for use within a building in the 2000 Edition of the Oregon State Plumbing Specialty
Code may be run in the same trench or may cross. Where the effluent sewer pipe material
is not approved for use in a building, it may not be run or laid in the same trench
as water pipe unless:
(i) The bottom of the water
pipe at all points is set at least 12 inches above the top of the sewer pipe; and
(ii) The water pipe is placed
on a solid shelf excavated at one side of the common trench with a minimum, clear,
horizontal distance of at least 12 inches from the sewer pipe.
(D) Septic tank setbacks.
The agent must encourage the placement of septic tanks and other treatment units
as close as feasible to the minimum separation from the building foundation to minimize
clogging of the building sewer.
(E) Pressure transport pipe
setback to well. Notwithstanding the setback distance in Table 1, the agent may
allow the separation distance between a pressure transport pipe and a well to be
less than 50 feet but no less than 25 feet when: [Table not included. See ED. NOTE.]
(i) The pressure transport
pipe is PVC Sch. 40 or heavier pressure-rated piping meeting ASTM Specification
D-2241;
(ii) The pressure transport
pipe is placed within a larger diameter PVC or ABS Sch. 40 or heavier encasement
pipe, with the pipe ends located at least 50 feet away from the well; and
(iii) All pipe joints in
the pressure transport pipe and encasement pipe are solvent-welded.
(2) Criteria for sizing absorption
fields. Absorption fields must be designed and sized based on the criteria in this
section.
(a) Table 2, specifying quantities
of sewage flows, or other information the agent determines is reliable with the
following exception. [Table not included. See ED. NOTE.] A system must be sized
on the basis of 300 gallons sewage flow per day plus 75 gallons per day for the
third bedroom when the system:
(A) Is proposed to serve
a single family dwelling on a lot of record created before March 1, 1978, that is
too small to accommodate a system sized for a daily sewage flow of 450 gallons;
or
(B) Serves specifically planned
developments with living units of three or fewer bedrooms and deed restrictions
prohibit an increase in the number of bedrooms.
(b) Table 4, specifying the
minimum length of absorption trenches based on soil texture and effective soil depth.
[Table not included. See ED. NOTE.]
(c) Table 5, specifying the
minimum length of absorption trenches based on soil texture and depth to temporary
water. [Table not included. See ED. NOTE.]
(d) Strength of the wastewater.
If the strength of the wastewater exceeds the maximum limits for residential strength
wastewater or the contents of the wastewater are atypical of residential strength
wastewater or pose a threat to groundwater, public health, or the environment, the
wastewater must be pretreated to acceptable levels before being discharged into
a standard or alternative system.
(3) Septic tank.
(a) Liquid capacity.
(A) The quantity of daily
sewage flow projected for a facility must be estimated from Table 2. The agent must
determine the projected daily sewage flow for establishments not listed in Table
2. [Table not included. See ED. NOTE.]
(B) A septic tank that serves
a commercial facility must have a liquid capacity of at least two times the projected
daily sewage flow unless otherwise authorized by the agent. In all cases the capacity
must be at least 1,000 gallons.
(C) The capacity of a septic
tank that serves a single family dwelling must be based on the number of bedrooms
in the dwelling. For a dwelling with 4 or fewer bedrooms, the tank capacity must
be at least 1,000 gallons. Septic tank capacity must be at least 1,500 gallons for
dwellings with more than 4 bedrooms.
(D) The agent may require
a larger capacity than specified in this subsection as needed for special or unique
waste characteristics, such as flow patterns, volumes, waste strength, or facility
operation.
(b) Installation requirements.
(A) Septic tanks must be
installed on a level, stable base that will not settle.
(B) Septic tanks located
in high groundwater area must be weighted or provided with an antibuoyancy device
to prevent flotation in accordance with the manufacturer's instructions.
(C) Tanks must be installed
with at least one watertight riser extending to the ground surface or above. The
riser must have a minimum diameter of 20 inches when the soil cover above the tank
does not exceed 36 inches. The riser must have a minimum diameter of 30 inches when
the soil cover above the tank exceeds 36 inches or when the tank capacity exceeds
3,000 gallons. A gasketed cover must be provided and securely fastened or weighted
to prevent unauthorized access.
(D) Tanks must be installed
in a location that provides access for maintenance.
(E) Where practicable, the
sewage flow from an establishment must be consolidated into one septic tank.
(F) The agent may allow a
removable plug to be placed in the top of a septic tank inlet sanitary tee if the
septic tank discharges directly into a gravity-fed absorption facility.
(G) A demonstration of watertightness
is required for all tanks after installation in accordance with OAR 340-073-0025.
(H) Unless otherwise allowed
by the agent, an effluent filter meeting the requirements of OAR 340-073-0056 must
be installed at the septic tank outlet if a tank serves a commercial facility. A
service access riser and cover meeting the requirements of 340-071-0220(3)(b)(C)
must be placed above the effluent filter.
(c) Construction. Tank construction
must comply with minimum standards in OAR chapter 340, division 073, unless otherwise
authorized in writing by DEQ.
(d) Multi-compartment tank
requirement.
(A) With the exception in
paragraph (B) of this subsection, if a septic tank is preceded by a sewage ejector
pump, the tank must be manufactured as a multi-compartment tank in accordance with
requirements in this division and OAR chapter 340, division 073. An effluent filter
must be installed unless the agent allows other methods with equal or better performance
in preventing the passage of suspended solids to the drainfield.
(B) If the sewage ejector
pump preceding the septic tank at a single family residence receives wastewater
from only a clothes washing machine and a sink, a single-compartment septic tank
may be used in lieu of a multi-compartment septic tank. The tank must meet the minimum
capacity requirement in subsection (a) of this section, and an effluent filter must
be installed in the tank's outlet tee fitting. Alternatively, the agent may allow
the filter to be placed in a separate vault and riser located just outside the septic
tank or may authorize other alternatives as appropriate.
(4) Distribution techniques.
Absorption trenches must be constructed according to one of the methods in this
section.
(a) Gravity-fed equal distribution
(including loop).
(A) Equal distribution must
be used on generally level ground. All trenches and piping must be level within
a tolerance of plus or minus 1 inch. All lateral piping must be at the same elevation.
(B) A pressure-operated hydrosplitter
may be used to achieve equal distribution.
(C) To determine the total
useable area of a looped soil absorption facility, the agent must add the sum of
the lengths of the parallel absorption trenches and the lengths of up to two absorption
trenches intersecting the parallel trenches.
(b) Serial distribution.
Serial distribution is generally used on sloping ground. Each trench must be level
within a tolerance of plus or minus 1 inch. Serial distribution may be a combination
of equal distribution and serial distribution.
(c) Pressurized distribution
systems. Pressurized distribution must satisfy the requirements in OAR 340-071-0275.
(5) Distribution boxes and
drop boxes.
(a) Construction. Construction
of distribution boxes and drop boxes must comply with standards in OAR 340-073-0035
and 340-073-0040.
(b) Foundation. All distribution
boxes and drop boxes must be bedded on a stable, level base.
(c) In all gravity distribution
techniques, the connection of the effluent piping to the distribution piping must
include at least one distribution or drop box or other device acceptable to the
agent as a means for locating and monitoring the absorption field.
(6) Dosing tanks and dosing
septic tanks.
(a) Tank construction must
comply with the standards in OAR chapter 340, division 73 unless otherwise authorized
in writing by DEQ.
(b) The tank must be installed
on a stable, level base at a location that provides access for maintenance.
(c) The tank must be provided
with at least one watertight service access riser extending to the ground surface
or above. The riser must have a minimum diameter of 20 inches when the soil cover
above the tank does not exceed 36 inches. The riser must have a minimum diameter
of 30 inches when the soil cover above the tank exceeds 36 inches. A gasketed cover
must be securely fastened or weighted to prevent unauthorized access.
(d) A tank located in a high
groundwater area must be weighted or provided with an antibuoyancy device to prevent
flotation in accordance with the tank manufacturer's instructions.
(7) Absorption trenches.
(a) Absorption trenches must
be constructed in accordance with the standards in this section unless otherwise
authorized in this division.
(A) Minimum bottom width
of trench — 24 inches.
(B) Minimum depth of trench:
(i) Equal or looped distribution
—18 inches.
(ii) Serial distribution
— 24 inches.
(iii) Pressure distribution
— 18 inches.
(C) Maximum depth of trench
— 36 inches.
(D) Maximum length of an
individual trench — 150 linear feet, unless otherwise authorized in writing
by the agent.
(E) Minimum distance of undisturbed
earth between trenches — 8 feet.
(b) The bottom of the trench
must be level within a tolerance of plus or minus 1 inch end to end and level from
side to side.
(c) When the sidewall within
a trench has been smeared or compacted, sidewalls must be raked to ensure permeability.
(d) Trenches must be constructed
to prevent septic tank effluent from flowing backwards from the distribution pipe
to undermine the distribution box, the septic tank, or any portion of the distribution
unit.
(e) Drain media must extend
the full width and length of the trench to a depth of at least 12 inches with at
least 6 inches of drain media under the distribution pipe and at least 2 inches
over the distribution pipe.
(f) Before backfilling the
trench, the drain media must be covered with filter fabric, untreated building paper,
or other material approved by the agent.
(g) If trenches are installed
in sandy loam or coarser soils, filter fabric or other nondegradable material approved
by the agent must be used to cover the drain media.
(8) Trench backfill.
(a) The installer must backfill
the system. Backfill must be carefully placed to prevent damage to the system.
(b) A minimum of 6 inches
of backfill is required; in serial systems 12 inches is required.
(c) Backfill must be free
of large stones, frozen clumps of earth, masonry, stumps, waste construction materials,
or other materials that could damage the system.
(9) Header pipe. Header pipe
must be watertight, have a minimum diameter of 3 inches, and be bedded on undisturbed
earth. Where distribution boxes or drop boxes are used, the header pipe between
the box and the distribution pipe must be at least 4 feet in length and be installed
level.
(10) Distribution pipe.
(a) Distribution pipes must
have a minimum diameter of 3 inches.
(b) Each disposal trench
must have distribution piping that is centered in the trench and laid level within
a tolerance of plus or minus 1 inch.
(c) Distribution pipe must
comply with standards in OAR 340-073-0060(4).
(d) All perforated pipe must
be installed with centerline markings up.
(11) Effluent sewer. The
effluent sewer must extend at least 5 feet beyond the septic tank before connecting
to the distribution unit. It must be installed with a minimum fall of 4 inches per
100 feet and at least 2 inches of fall from one end of the pipe to the other. In
addition, there must be a minimum difference of 8 inches between the invert of the
septic tank outlet and either the invert of the header to the distribution pipe
of the highest lateral in a serial distribution field or the invert of the header
pipe to the distribution pipes of an equal distribution absorption field. A minimum
18-gauge, green-jacketed tracer wire or green color-coded metallic tape must be
placed above the effluent sewer pipe.
(12) Curtain drain construction.
Unless otherwise authorized by the agent, curtain drains must comply with the following
requirements.
(a) Ground slope must be
at least 3 percent, or other landform features such as an escarpment must allow
for effective drainage.
(b) The curtain drain must
extend at least 6 inches into the layer that limits effective soil depth or to a
depth adequate to effectively dewater the site.
(c) Trench width must be
a minimum of 12 inches.
(d) Perforated pipe must
have a minimum diameter of 4 inches and must meet the requirements in OAR 340-073-0060(4).
(e) Perforated pipe must
be installed at least 2 inches above the bottom and along the full length of the
trench and must be covered by a minimum of 10 inches of drain media.
(f) The curtain drain must
be filled with drain media to within 12 inches of the ground surface.
(g) Outlet pipe must be rigid,
smooth-wall, solid PVC pipe meeting or exceeding ASTM Standard D-3034 with a minimum
diameter of 4 inches. A flap gate or rodent guard must be installed.
(h) Filter fabric must be
placed over the drain media.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 454.625
& 468.020
Stats. Implemented: ORS 454.615
& 468B.080
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 19-1981, f. 7-23-81, ef. 7-27-81; DEQ 5-1982, f. & ef. 3-9-82;
DEQ 8-1983, f. & ef. 5-25-83; DEQ 9-1984, f. & ef. 5-29-84; DEQ 15-1986,
f. & ef. 8-6-86; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 12-1997, f.
& cert. ef. 6-19-97; DEQ 16-1999, f. & cert. ef. 12-29-99; DEQ 11-2004,
f. 12-22-04, cert. ef. 3-1-05; DEQ 7-2008, f. 6-27-08, cert. ef. 7-1-08; DEQ 14-2013,
f. 12-20-13, cert. ef. 1-2-14; DEQ 11-2014, f. & cert. ef. 10-15-14
340-071-0260
Alternative Systems, General
(1) Application requirements. The requirements in this division and OAR chapter 340, division 073 for siting, construction, and maintenance of standard subsurface
(1) Application requirements. The requirements
in this division and OAR chapter 340, division 073 for siting, construction, and
maintenance of 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.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.615
& 454.775
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 9-1984, f. & ef. 5-29-84; DEQ 27-1994, f. 11-15-94, cert. ef.
4-1-95; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13, cert.
ef. 1-2-14
340-071-0265
Capping Fills
(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 anytime 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 main-tained 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.
(2) Installation requirements.
The cap must be constructed in accordance with the permit. Unless otherwise required
by the agent, construction must follow this sequence.
(a) The soil must be examined
and approved by the agent before placement of the cap. The texture of the soil used
for the cap must be the same textural class as or one textural class finer than
the natural topsoil unless otherwise allowed in this division.
(b) Construction of capping
fills must occur between June 1 and October 1 unless otherwise allowed by the agent.
The upper 18 inches of natural soil must not be saturated or have a moisture content
that causes loss of soil structure and porosity when worked.
(c) The absorption area and
the borrow site must be scarified to destroy the vegetative mat.
(d) The system must be installed
as specified in the construction-installation permit with a minimum 10-foot separation
between the edge of the fill and the absorption facility.
(e) Filter fabric must be
used between the drain media and the soil cap, unless otherwise authorized by the
agent.
(f) Fill must be applied
to the fill site and worked in so that the two contact layers, native soil and fill,
are mixed. Fill material must be evenly graded to a final depth of 10 inches over
the drain media for an equal system or 16 inches over the drain media for a serial
system to allow for appropriate settled depths. Both initial cap and repair cap
may be constructed at the same time.
(g) The site must be landscaped
according to permit conditions and be protected from livestock, automotive traffic,
and other activity that could damage the system.
(3) Required inspections.
Unless waived by the agent, the following inspections must be performed for each
capping fill installed.
(a) Inspection of both the
absorption area and borrow material before cap construction for scarification, soil
texture, and moisture content.
(b) Pre-cover inspection
of the installed absorption facility.
(c) Inspection after the
cap is placed to determine adequate contact between fill material and native soil
(no obvious contact zone visible), adequate depth of material, and uniform distribution
of fill material.
(d) Final inspection after
landscaping or other erosion control measures are established.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 454.625
& 468.020
Stats. Implemented: ORS 454.615
& 454.775
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 8-1983, f. & ef. 5-25-83; DEQ 27-1994, f. 11-15-94, cert. ef.
4-1-95; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13, cert.
ef. 1-2-14
340-071-0275
Pressurized Distribution Systems
(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.
(4) Materials and construction.
(a) General.
(A) All materials used in
pressurized systems must be structurally sound, durable, and capable of withstanding
normal stresses incidental to installation and operation.
(B) Pump wiring must comply
with applicable building, electrical, or other codes. An electrical permit and inspection
from the Department of Consumer and Business Services, Building Codes Division or
the municipality with jurisdiction is required for pump wiring installation.
(C) A single compartment
dosing septic tank may not be used in a system with pressurized distribution laterals
unless the tank is partitioned with a flow-through below the tank's lowest liquid
level. The flow through port must be at 65 to 75 percent of the minimum liquid level
and be at least 4" in diameter.
(b) Pressurized distribution
piping. Piping, valves, and fittings for pressurized systems must meet the following
minimum requirements.
(A) All pressure transport,
manifold, lateral piping, and fittings must meet the requirements in OAR 340-073-0060(3).
(B) Pressure transport piping
must be uniformly supported along the trench bottom. The agent may require the piping
to be bedded in sand or other material approved by the agent. A minimum 18 gauge,
green-jacketed tracer wire or green color-coded metallic locate tape must be placed
above piping.
(C) Orifices must be located
on top of the pipe, except as noted in paragraph 4(b)(I) of this section.
(D) The ends of lateral piping
must be constructed with long sweep elbows or an equivalent method to bring the
end of the pipe to finished grade. The ends of the pipe must be provided with threaded
plugs, caps, or other devices acceptable to the agent to allow for access and flushing
of the lateral.
(E) All joints in the manifold,
lateral piping, and fittings must be solvent-welded using the appropriate joint
compound for the pipe material. Pressure transport piping may be solvent-welded
or rubber-ring jointed.
(F) A shut off valve must
be placed on the pressure transport pipe in or near the dosing tank when appropriate.
(G) A check valve must be
placed between the pump and the shut off valve when appropriate.
(H) All orifices must be
covered by a protective, durable, noncorrosive orifice shield designed to keep orifices
from being blocked by drain media or other system components. The shields or piping
must be removable for access to the orifices.
(I) The agent may specify
alternate orifice orientation and valve arrangements for conditions such as extended
freezing temperatures, temporary or seasonal use, or effluent characteristics.
(J) Where the operation of
a pump could result in siphonage of effluent to below the normal off level of the
pump, an anti-siphon measure in the form of a non-discharging valve designed for
the specific purpose must be used. The anti-siphon valve must be installed and operated
in accordance with manufacturer's specifications.
(c) Absorption trench sizing
and construction.
(A) A system using absorption
trenches must be designed and sized in accordance with the requirements of OAR 340-071-0220(2).
(B) Absorption trenches must
be constructed using the specifications for the standard disposal trench unless
otherwise authorized by the agent.
(C) The trench must contain
drain media at least 12 inches deep, with at least 6 inches of media under the pressure
distribution laterals and sufficient media above the laterals to meet or cover the
orifice shields to provide a smooth, even cover.
(D) The top of the drain
media must be covered with filter fabric or other nondegradable material permeable
to fluids that will not allow passage of soil particles coarser than very fine sand.
In unstable soils, sidewall lining may be required.
(d) Seepage bed construction.
(A) Seepage beds may be used
instead of absorption trenches in soil as defined in OAR 340-071-0100(148)(b) if
flows do not exceed 600 gpd.
(B) The effective seepage
area must be based on the bottom area of the seepage bed. The area must be at least
200 square feet per 150 gallons per day waste flow.
(C) Beds must be installed
at least 18 inches deep (12 inches with a capping fill) but not deeper than 36 inches
into the natural soil. The seepage bed bottom must be level.
(D) The top of the drain
media must be covered with filter fabric or other nondegradable material that is
permeable to fluids but will not allow passage of soil particles coarser than very
fine sand.
(E) The bed must contain
drain media at least 12 inches deep with at least 6 inches of media under the pressure
distribution laterals and sufficient media above the laterals to meet or cover the
orifice shields to provide a smooth, even cover.
(F) Pressurized distribution
piping must be horizontally spaced not more than 4 feet apart and not more than
2 feet away from the seepage bed sidewall. At least 2 parallel pressurized distribution
pipes must be placed in the seepage bed.
(G) A minimum of 10 feet
of undisturbed earth must be maintained between seepage beds.
(5) Hydraulic design criteria.
Pressurized distribution systems must be designed for appropriate head and capacity.
(a) Head calculations must
include maximum static lift, pipe friction, and orifice head requirements.
(A) Static lift where pumps
are used must be measured from the minimum dosing tank level to the level of the
perforated distribution piping.
(B) Pipe friction must be
based upon a Hazen Williams coefficient of smoothness of 150. All pressure piping
and fittings on laterals must have a minimum diameter of 2 inches unless submitted
plans and specifications show a smaller diameter pipe is adequate.
(C) A minimum head of 5 feet
at the remotest orifice and no more than a 10 percent flow variation between the
nearest and remotest orifice in an individual unit are required.
(b) The capacity of a pressurized
distribution system refers to the rate of flow given in gallons per minute (gpm).
(A) Lateral piping must have
discharge orifices drilled a minimum diameter of 1/8 inch and evenly spaced no more
than 24 inches apart in coarse textured soils or no more than 4 feet apart in finer
textured soils.
(B) The system must be dosed
at a rate not to exceed 20 percent of the projected daily sewage flow.
(C) The effect of back drainage
of the total volume of effluent within the pressure distribution system must be
evaluated for its impact upon the dosing tank and system operation.
(6) Service contracts. The
owner of a pressurized distribution system must maintain a contract, in accordance
with OAR 340-071-0130(23), with a maintenance provider to serve, maintain and adjust
the onsite system. A service contract must be entered before the system is installed
and must be maintained until the system is decommissioned.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 454.625
& 468.020
Stats. Implemented: ORS 454.615,
454.775 & 468B.080
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 19-1981, f. 7-23-81, ef. 7-27-81; DEQ 5-1982, f. & ef. 3-9-82;
DEQ 8-1983, f. & ef. 5-25-83; DEQ 15-1986, f. & ef. 8-6-86; DEQ 27-1994,
f. 11-15-94, cert. ef. 4-1-95; DEQ 12-1997, f. & cert. ef. 6-19-97; DEQ 16-1999,
f. & cert. ef. 12-29-99; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05; DEQ 14-2013,
f. 12-20-13, cert. ef. 1-2-14
340-071-0280
Seepage Trench System
(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.
(2) Design criteria.
(a) The maximum depth allowed for a seepage trench is 42 inches.
(b) The seepage trench system must be sized according to the following formula: length of seepage trench = 4 x (length of standard disposal trench) divided by (3 + 2D), where D = depth of drain media below distribution pipe in feet. Maximum depth of drain media (D) is 2 feet.
(c) The projected daily sewage flow is limited to a maximum of 450 gallons.
Stat. Auth.: ORS 454.625 & 468.020

Stats. Implemented: ORS 454.615 & 454.775

Hist.: DEQ 10-1981, f. & ef. 3-20-81; DEQ 8-1983, f. & ef. 5-25-83; DEQ 15-1986, f. & ef. 8-6-86; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05
340-071-0285
Redundant Systems
(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.
(2) Design criteria:
(a) Each redundant absorption system must contain two complete absorption fields.
(b) Each absorption field must be large enough to accommodate the projected daily sewage flow from the dwelling.
(c) A minimum separation of 10 feet (12 feet center to center) must be maintained between absorption trenches designed to operate simultaneously, and a minimum separation of 4 feet (6 feet center to center) must be maintained between adjacent absorption trenches.
(d) The system must be designed to alternate between the absorption fields with the use of a diversion valve or other method approved by the agent.
Stat. Auth.: ORS 454.625 & 468.020

Stats. Implemented: ORS 454.615 & 454.775

Hist.: DEQ 10-1981, f. & ef. 3-20-81; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05
340-071-0290
Conventional Sand Filter Systems
(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 the use of either a hydrosplitter or pressurized distribution
method; and
(III) A capping fill is placed
in accordance with OAR 340-071-0265(2) and 340-071-0265(3)(a) through (c).
(ii) Eighteen inches or more
below ground surface where equal distribution methods are achieved by gravity or
through the use of a hydrosplitter or pressurized distribution.
(iii) Twenty-four inches
or more below ground surface where serial distribution methods are used.
(B) Methods used in OAR 340-071-0315
for tile dewatering systems may be used to achieve separation distances from temporary
groundwater.
(C) Absorption trenches may
not be installed deeper than the highest level of the temporary water table. The
minimum backfill depth within the absorption trenches is 6 inches for trenches using
equal distribution methods and 12 inches for trenches using serial distribution.
(b) Separation from the permanent
groundwater table must satisfy the requirements in this subsection.
(A) The highest level attained
by a permanent water table does not exceed the minimum separation distance from
the bottom of the absorption area as follows:
(i) For gravel and Soil Group
A: sand, loamy sand, sandy loam — 24 inches;
(ii) For Soil Group B: loam,
silt loam, sandy clay loam, clay loam — 18 inches;
(iii) For Soil Group C: silty
clay loam, silty clay, clay, sandy clay — 12 inches.
(B) Shallow absorption trenches
placed not less than 12 inches into the original soil profile may be used with a
capping fill to achieve separation distances from permanent groundwater. The fill
must be placed in accordance with OAR 340-071-0265(2) and 340-071-0265(3)(a) through
(c).
(C) Methods used in OAR 340-071-0315
for tile dewatering systems may be used to achieve separation distances from permanent
groundwater.
(c) Sand filter systems installed
in soils 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 nondevelopable resource by the Oregon Water Resources Department;
or
(B) A detailed hydrogeological
study determines loading rates exceeding 450 gallons per 1/2 acre per day would
not increase nitrate-nitrogen concentration in the groundwater beneath the site
or any downgradient location to above 5 mg/L.
(d) Sand filter systems may
be installed in soils, fractured bedrock, or saprolite diggable with a backhoe if,
in the judgment of the agent, the soils, fractured bedrock, or saprolite is permeable
to the extent that effluent will absorb adequately and not hinder the performance
of the filter or absorption field. The agent may require that an absorption test
be conducted to determine the permeability of the bedrock or saprolite. Test methods
must be acceptable to DEQ.
(A) Where ground slope does
not exceed 12 percent, a capping fill, 12-inch deep trench may be installed in accordance
with OAR 340-071-0265, except that when installed in fractured bedrock or saprolite,
the cap material must be Soil Group B.
(B) Where ground slope exceeds
12 percent but is not greater than 30 percent, a standard 24-inch deep trench may
be installed.
(e) A sand filter absorption
facility may be installed on slopes of 30 percent or less if other conditions in
this section are satisfied.
(f) An absorption facility
following a sand filter may be installed on slopes above 30 percent and up to 45
percent where:
(A) Projected daily flow
does not exceed 450 gallons and the installation is sized in accordance with sand
filter absorption area criteria;
(B) The soil is diggable
with a backhoe to a depth of at least 36 inches and 12 inches below the bottom of
the trench; and
(C) The temporary water table
is at least 30 inches below the ground surface and 6 inches below the bottom of
the trench.
(g) Setbacks in Table 1 can
be met, except the minimum separation distance between the sewage absorption area
and surface waters must be at least 50 feet.
(3) Absorption trenches.
Absorption trenches for sand filter absorption facilities must satisfy the requirements
in this section.
(a) The minimum length of
a standard absorption trench per 150 gallons of projected daily sewage flow is:
(A) For gravel and Soil Group
A: sand, loamy sand, sandy loam -- 35 linear feet;
(B) For Soil Group B: loam,
silt loam, sandy clay loam, clay loam -- 45 linear feet;
(C) For Soil Group C: silty
clay loam, silty clay, sandy clay, clay -- 50 linear feet;
(D) For permeable saprolite
or fractured bedrock -- 50 linear feet;
(E) For high shrink-swell
clays (Vertisols) -- 75 linear feet.
(b) On lots created before
January 1, 1974, which do not have sufficient, suitable area for an absorption facility
sized in accordance with this section, the agent may allow seepage trenches if:
(A) The design criteria and
limitations in OAR 340-071-0280(2) are met;
(B) The soil is not a high
shrink-swell clay;
(C) The temporary water table
is at least 30 inches below the ground surface; and
(D) All other requirements
of this rule are met.
(c) Trench designs in Vertisols.
(A) Absorption trenches in
Vertisols must contain 24 inches of drain media and 24 inches of soil backfill in
areas with an annual rainfall of 25 inches or less, minimum slopes of 5 percent,
and a temporary water table at least 48 inches below the ground surface.
(B) Seepage trenches in Vertisols
containing less than 24 inches of drain media may be used if designed in accordance
with the criteria and limitations in OAR 340-071-0280 in areas with an annual rainfall
of 25 inches or less, minimum slopes of 5 percent, and a temporary water table at
least 48 inches below the ground surface.
(4) Bottomless sand filter.
Sites may use a bottomless sand filter if the site meets the criteria in this section
and section (3) of this rule.
(a) Saprolite; fractured
bedrock; gravel; or soil textures of sand, loamy sand, or sandy loam occur in a
continuous section at least 2 feet thick in contact with and below the bottom of
the sand filter.
(b) The agent determines
the saprolite, fractured bedrock, gravel, or soil is permeable over the basal area
to the extent that effluent will absorb adequately and not hinder the performance
of the filter. The agent may require that an absorption test be conducted to determine
the permeability of the basal area. Test methods must be acceptable to DEQ.
(c) The application rate
is based on the design sewage flow in OAR 340-071-0220(2)(a) and the basal area
of the sand.
(d) The water table is at
least 24 inches below the ground surface throughout the year, and a minimum 24-inch
separation is maintained between a water table and the bottom of the sand filter.
(5) Materials and construction.
(a) All materials used in
sand filter system construction must be structurally sound, durable, and capable
of withstanding normal installation and operation stresses. Component parts subject
to malfunction or excessive wear must be readily accessible for repair and replacement.
(b) All filter containers
must be placed over a stable, level base.
(c) In a gravity-operated
distribution system, the invert elevation of the outlet end of the underdrain pipe
must be at or above the final settled ground elevation of the highest absorption
trench.
(d) Piping and fittings for
the sand filter distribution system must comply with the requirements for pressure
distribution systems in OAR 340-071-0275.
(e) Septic tanks, dosing
tanks, and other components must comply with the requirements in OAR 340-071-0220
unless this rule specifies different requirements.
(f) The design and construction
requirements in OAR 340-071-0295 must be met. A bottomless sand filter unit does
not require a watertight floor, but does require watertight walls unless otherwise
authorized by the agent.
(g) A bottomless sand filter
unit does not require a minimum 10-foot separation between the original and replacement
unit.
(6) Gravelless absorption
method.
(a) Absorption trenches following
a sand filter may be constructed without the use of drain media if they meet the
criteria in this section.
(A) Absorption trenches must
be 12 inches wide by 10 inches deep and incorporate pressurized distribution and
a chamber constructed of half sections of 12-inch diameter plastic irrigation pipes
(PIP). DEQ may consider deviations to the depth requirement in this rule for alternative
drainfield products.
(B) Trenches must be level
end to end and across their width.
(C) The agent may allow trenches
on minimum 3-foot centers maintaining at least 2 feet of undisturbed earth between
parallel trench sidewalls.
(D) Pressurized distribution
piping must meet the requirements of OAR 340-071-0275(4)(b), except that orifice
shields are not required.
(E) Distribution piping must
be perforated with 1/8 inch diameter orifices on maximum 2-foot centers at the 12
o'clock position. The hydraulic design must provide at least a 2-foot residual head
at the distal orifice.
(F) The chambers must have
an adequate footing to support the soil cover and all normal activity and at a minimum
must be constructed of 12-inch PIP rated at 43 pounds per square inch and meeting
the appendix standards of ASTM D-2241. Each line must be equipped with a minimum
6-inch diameter inspection port.
(b) Except as noted in subsection
(a) of this section, all construction and siting criteria for conventional sand
filter systems in this division must be met. This includes but is not limited to
the absorption field sizing for sand filter systems in OAR 340-071-0290(3) and area
sizing for an initial and replacement absorption facility meeting standard trench
separations in OAR 340-071-0220(7)(a)(E). Plans must verify that a system can be
installed on the parcel that will meet the requirements in OAR 340-071-0290(3) and
340-071-0220(7)(a)(E) and all other applicable rules before a gravelless absorption
method is approved.
(c) A gravelless absorption
method may be used wherever this division allows a standard or alternative-type
absorption trench for sand filter systems, except in Vertisols.
(d) A method to prevent burrowing
animals from entering the chamber must be provided in areas where this is likely
to occur.
(7) Operation and maintenance.
Owners of conventional and other sand filter systems must ensure the sand filter
and all other components of the system are continuously operated and timely maintained
in accordance with the requirements on the Certificate of Satisfactory Completion
and this rule.
(a) Owners of conventional
and other sand filter systems must comply with the operation and maintenance requirements
in this section. The owner of a sand filter system must inspect the septic tank
and other components of the system at least annually for sludge accumulation, pump
calibration, and cleaning of the laterals. Tanks must be pumped when there is an
accumulation of floating scum less than 3 inches above the bottom of the outlet
tee fitting, holes or ports, or an accumulation of sludge less than 6 inches below
the bottom of the outlet tee fitting, holes or ports. Pump calibration, cleaning
of the laterals, and other maintenance must be completed as necessary.
(b) Service Contracts. The
owner of a residential sand filter system and all sand filter systems serving commercial
facilities must maintain a contract, in accordance with OAR 340-071-0130(23), with
a maintenance provider to serve and maintain the onsite system. A service contract
must be entered before the system is installed and must be maintained until the
system is decommissioned.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 454.625
& 468.020
Stats. Implemented: ORS 454.615,
454.775 & 454.780
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 19-1981, f. 7-23-81, ef. 7-27-81; DEQ 19-1981, f. 7-23-81, ef.
7-27-81; DEQ 5-1982, f. & ef. 3-9-82; DEQ 8-1983, f. & ef. 5-25-83; DEQ
9-1984, f. & ef. 5-29-84; DEQ 15-1986, f. & ef. 8-6-86; DEQ 27-1994, f.
11-15-94, cert. ef. 4-1-95; DEQ 12-1997, f. & cert. ef. 6-19-97; DEQ 16-1999,
f. & cert. ef. 12-29-99; Administrative correction 2-16-00; DEQ 11-2004, f.
12-22-04, cert. ef. 3-1-05, Renumbered from 340-071-0305; DEQ 14-2013, f. 12-20-13,
cert. ef. 1-2-14
340-071-0295
Conventional Sand Filter Design
and Construction
(1) Criteria for sizing. Systems must
be sized based on quantities of sewage flow in accordance with 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.
(3) Design criteria.
(a) The interior base of
the filter container must be level or constructed at a grade of 1 percent or less
to the underdrain piping elevation.
(b) Except for sand filters
without a bottom, underdrain piping must meet the requirements in OAR 340-073-0060(2)
and must be installed in the interior of the filter container at the lowest elevation.
The piping must be level or on a grade of 1 percent or less to the point of passage
through the filter container. The pipe perforations or slots must be oriented in
the upright or sideways position.
(c) The base of the filter
container with the underdrain piping in place must be covered with a minimum of
6 inches of drain media or underdrain media. Unless waived by the agent, the underdrain
media proposed for a sand filter must be sieved to determine conformance with the
criteria in OAR 340-071-0100(170) and a report of the analysis must be provided
to the agent. Where underdrain media is used, the underdrain piping must be enveloped
in an amount and depth of drain media to prevent migration of the underdrain media
to the pipe perforations.
(d) Where drain media is
used at the base of the filter, it must be covered by a layer of filter fabric meeting
the specifications in OAR 340-073-0041. Where underdrain media is used, filter fabric
is not required.
(e) A minimum of 24 inches
of approved sand filter media must be installed over the filter fabric or underdrain
media. The sand filter media must be damp at the time of installation. The top surface
of the media must be level. Unless waived by the agent, the sand filter media proposed
for each sand filter must be sieve-tested to determine conformance with the criteria
in OAR 340-071-0100(124), and a report of the analysis must be provided to the agent.
(f) A minimum of 3 inches
of clean drain or underdrain media is required below the distribution laterals,
and sufficient media is required above the laterals to meet or cover the orifice
shields to provide a smooth, even cover.
(g) A pressurized distribution
system meeting the requirements of OAR 340-071-0275(4) and (5) must be constructed
as described in subsection (f) of this section.
(A) Distribution laterals
must be spaced a maximum of 30 inches center to center. Orifices must be spaced
no more than 30 inches apart.
(B) The ends of the distribution
laterals must be designed and constructed to allow flushing of the piping, collectively
or individually, using a corrosion-resistant and accessible valve or threaded endcap.
The flushed effluent may be discharged to the septic tank or into the sand filter.
(C) The diameters of the
distribution manifold and laterals must be at least 1/2 inch in diameter.
(D) A sand filter must be
dosed at a rate not to exceed 10 percent of the projected daily sewage flow.
(h) The top of the media
in which the pressure distribution system is installed must be covered with filter
fabric meeting the specifications in OAR 340-073-0041.
(i) The top of the sand filter
area must be backfilled with a soil cover free of rock, vegetation, wood waste,
and other materials that may harm the filter. The soil cover must have a textural
class no finer than loam unless otherwise authorized by the agent. The soil cover
must be at least 6 inches and no more than 12 inches deep.
(j) All piping passing through
the sand filter container must be watertight.
(4) Container design and
construction.
(a) A reinforced concrete
container with watertight walls and floors must be used where watertightness is
necessary to prevent groundwater from infiltrating into the filter or to prevent
the effluent from exfiltrating from the filter except as otherwise allowed in this
division or OAR chapter 340, division 073. The container structure may require a
building permit for construction.
(b) The container may be
constructed of materials other than concrete where equivalent function, workmanship,
watertightness, and at least a 20-year service life can be documented.
(A) Flexible membrane liner
(FML) materials must have properties at least equivalent to 30 mil unreinforced
polyvinyl chloride (PVC) described in OAR 340-073-0085. For FML materials to be
approved for installation:
(i) Field repair instructions
and materials must be provided to the purchaser with the liner; and
(ii) The final materials
must have factory-fabricated boots suitable for field bonding onto the liner to
facilitate the passage of piping through the liner in a waterproof manner.
(B) Where accepted for use,
flexible sheet membrane liners must be installed in accordance with OAR 340-073-0085.
(C) The backfill around the
container must be no steeper than a 3:1 slope (3 feet for every vertical foot) unless
otherwise authorized by the agent.
(5) Internal pump option.
Where a pump is used to discharge effluent from a sand filter to another treatment
unit, a distribution unit, or an absorption facility, the design and construction
of the filter may include an internal pump station if the following conditions are
met.
(a) The location, design,
and construction of the pump station must not conflict with design, construction,
and operation of the sand filter system.
(b) The design and construction
of the pump, discharge plumbing, controls, and alarm must meet the requirements
in OAR 340-073-0055 except subsections (4)(d) and (4)(h).
(c) The pump and related
apparatus must be housed in a corrosion-resistant vault designed to withstand stresses
and prevent the migration of drain media, sand, or underdrain media to its interior.
The vault must have a durable, affixed floor. The vault must provide watertight
access to finished grade with a diameter equal to that of the vault and designed
to receive treated effluent from the bottom of the sand filter.
(d) The depth of underdrain
media and the operating level of the pump cycle and alarm may not allow effluent
to come within 2 inches of the bottom of the sand filter media. The pump off-level
may be no lower than the invert of the perforations of the underdrain piping.
(e) The internal sand filter
pump must be electrically linked to the sand filter dosing apparatus to prevent
effluent from entering the sand filter if the internal sand filter pump fails.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.615,
454.775 & 454.780
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 5-1982, f. & ef. 3-9-82; DEQ 15-1986, f. & ef. 8-6-86;
DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 12-1997, f. & cert. ef. 6-19-97;
DEQ 16-1999, f. & cert. ef. 12-29-99; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05;
DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14
340-071-0302
Recirculating Gravel Filter (RGF)
(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, in accordance with specifications for sand filters in areas with temporary
groundwater in OAR 340-071-0290.
(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.
(b) RGFs used in conjunction
with approved disinfection and approved nitrogen reduction processes and expected
to meet treatment standard 2 may be sited and sized as follows.
(A) On sites meeting the
criteria for treatment standard 1 in subsection (a) of this section.
(B) In areas with a permanent
water table, in accordance with specifications for sand filters in areas with a
permanent water table in OAR 340-071-0290.
(c) Any type of absorption
area permitted for a sand filter system, including the gravel-less absorption method,
may be permitted for an RGF system.
(2) Design criteria.
(a) Filter design and dosing.
(A) The basal or bottom area
of the filter must be sized based on a maximum organic load. For residential strength
wastewater that has been pretreated through a septic tank, the maximum hydraulic
load allowable is 5 gal/ft2/day.
(B) For BOD5 waste strengths
stronger than residential strength wastewater but not exceeding 400 mg/L, the filter
size must be increased proportionately.
(C) Higher strength wastewaters
must be pretreated or will require special consideration. In no case may the concentration
of greases and oil applied exceed 30 mg/L.
(b) Filter media.
(A) Where CBOD5 removal must
be at least 85 percent based upon the raw sewage concentration applied to the septic
tank and nitrification of wastewater is necessary, a filter media must consist of
3 feet of very fine washed gravel, 100 percent passing a 3/8-inch sieve with an
effective size between 3 and 5 millimeters and a uniformity coefficient of 2 or
less. Washed means that negligible fines (less than 1.0 percent) pass a No. 10 sieve.
(B) Where additional removal
of BOD5 and denitrification is intended or required, a treatment media may consist
of 2 feet of very coarse washed sand, 100 percent passing a 3/8-inch sieve with
an effective size between 1.5 and 2.5 millimeters and a uniformity coefficient of
2 or less. Washed means that negligible fines (less than 4.0 percent) pass the No.
100 sieve.
(C) Sieves of 3/8 inch, 1/4
inch, and Nos. 4, 6, 8, 10, 50, and 100 must be used in gradation analysis.
(D) The permittee must provide
fresh samples of the intended media for each project before shipment to the project
site. A laboratory gradation analysis must be performed and the gradation data plotted
on semi-log paper as a gradation curve. Lab data, gradation curve, and a 5-pound
sample of the media must be submitted to the agent for approval. Only approved media
may be used.
(c) Filter media must be
overlain by a 3-inch bed of 1/2-inch to 3/4-inch washed gravel. The media and gravel
may only lightly cover the distribution piping. Unless otherwise authorized, each
orifice must be covered by an orifice shield to prevent aerial spray drift.
(d) Filter dosing must use
a low pressure distribution piping system operating under adequate head to pressurize
the system. The operating head must be a minimum of 5 feet at the remotest orifice
and have no more than 10 percent flow variation between the nearest and remotest
orifice in an individual unit. Each lateral pipe end must terminate with a screwed
plug or cap accessible for removal and flushing. Wherever practical, a valved backflush
system must be installed to flush groups of laterals back to a septic tank or elsewhere.
(e) Pressure-distribution
piping must be spaced 2 feet center to center in a parallel grid. Orifice spacing
must be every 2 feet on laterals. Piping grid edges should be within 1 foot of the
filter basal edge.
(f) Filter media must be
underlain by a 6-inch bed of a 1/2 to 3/4-inch washed gravel underdrain media. No
filter fabric may cover the underdrain media.
(g) Perforated collection
pipes must meet requirements in OAR 340-073-0060(2) and be bedded in the underdrain
media. Pipes must be at least 4 inches in diameter with no filter fabric wrap. At
least 15 lineal feet of collection pipe is required for each 225 square feet of
filter basal area.
(h) The filter container
must be watertight to suit the design conditions. Underflow must be contained. Groundwater
must be excluded. A concrete container may be used. Other materials may be used
if equivalent function, workmanship, watertightness, and at least a 20-year service
life can be expected.
(3) Recirculation/dilution
tank.
(a) A recirculation tank
receives septic tank effluent and underflow from the filter. A pumping system at
this tank delivers flow to the filter dose piping network according to a project
design. The recirculation tank volume measured from tank floor to tank soffit must
be at least equal to the projected daily sewage flow volume.
(b) The recirculation ratio
at design flow must be at least 4. Recirculation ratio is the daily volume of recycle
divided by design daily volume of the wastewater. A fabricated "T" or "Splitter
T" float valve located in the recirculation tank must be used whenever possible.
Minimum recirculation tank liquid volume must be at least 80 percent of the gross
tank volume when a float valve is used. Alternatively, where required and reasonable,
a splitter basin using orifice or weir control may be used to divide underflow 20
percent to the absorption field and 80 percent to recycle on a daily basis. This
alternative must use orifice control wherever possible. Minimum recirculation tank
liquid volume must be at least 50 percent of the required tank volume when a splitter
basin is used.
(c) Evaluation of and design
for overflow and surge control at the recirculation tank must be included in the
design plans.
(d) An audible or visual
high water alarm must be included in the recirculation tank immediately below the
overflow level. A latching electrical relay must retain the audible or visual alarm
until acknowledged by a site attendant.
(e) Parallel pump start/stop
electric controls (usually floats) must be installed to correct any unforeseen high
liquid level event and keep sewage contained. This pump start function precludes
overflow and must operate in parallel with the start/stop function of a timer and
must not interfere with or depend upon a timer position.
(f) All areas of the filter
must be wetted 48 times a day or every 30 minutes to achieve the recirculation ratio
of at least 4 unless otherwise authorized by the agent.
(g) Testing must demonstrate
the recirculation tank is watertight. Testing must be witnessed by the designer.
Test protocol must be included in the design plans.
(h) Access onto the filter
must be restricted by a fence or other effective means. Surface water entry onto
the filter must be prevented by design and construction.
(i) Access openings to the
recirculation tank must be provided at each end. Larger tanks must have additional
openings. The smallest dimension of any access must be 18 inches. Larger openings
must be provided if partially obstructed with piping or other objects. Provisions
must be made to remove dregs (settleable solids). Pumps must be readily removable
and replaceable without demolition of piping or other components.
(4) Operation and Maintenance
standards. The owner of an onsite system using an RGF must ensure the RGF and all
other components of the onsite system are properly operated and timely maintained
or decommissioned.
(5) Operation and maintenance
manual. The designer of an RGF system must ensure that comprehensive and detailed
operation and maintenance instructions are provided to the onsite system owner at
the time of installation. The instructions must emphasize operating and maintaining
the entire system within the parameter ranges for which it is designed. The information
must be presented in a manner that can be easily under-stood by the owner and include
at a minimum:
(a) As-built plans with the
name and contact number of the installer;
(b) A description of how
the process functions, including diagrams illustrating basic system design and flow
path;
(c) A maintenance schedule
for all critical components;
(d) Requirements and recommended
procedures for periodic removal of residuals from the system;
(e) A detailed procedure
for visually evaluating the function of system components;
(f) A description of olfactory
and visual techniques for confirming correct process parameters and system performance;
(g) A recommended method
for collecting and transporting effluent samples;
(h) Safety concerns that
may need to be addressed; and
(i) Emergency contact numbers
for maintenance providers and pumpers.
(6) Service contracts. The
owner of an RGF system must maintain a contract, in accordance with OAR 340-071-0130(23),
with a maintenance provider to serve and maintain the onsite system. A service contract
must be entered before the system is installed and must be maintained until the
system is decommissioned.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.615,
454.780, 468B.050 & 468B.055
Hist.: DEQ 27-1994, f. 11-15-94,
cert. ef. 4-1-95; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13,
cert. ef. 1-2-14
340-071-0305 [Renumbered to 340-071-0290]
340-071-0310
Steep Slope Systems
(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.
(2) Construction requirements.
(a) Seepage trenches must be installed at a minimum depth of 30 inches and a maximum depth of 36 inches below the natural soil surface on the downhill side of the trench and must contain a minimum of 18 inches of drain media and 12 inches of native soil backfill.
(b) The system must be sized at a minimum of 75 linear feet per 150 gallons projected daily sewage flow.
Stat. Auth.: ORS 454.625 & 468.020

Stats. Implemented: ORS 454.615 & 454.775

Hist.: DEQ 10-1981, f. & ef. 3-20-81; DEQ 8-1983, f. & ef. 5-25-83; DEQ 9-1984, f. & ef. 5-29-84; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05
340-071-0315
Tile Dewatering System
(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).
(2) Construction requirements.
(a) Field collection drainage tile must be installed on a uniform grade of 0.2 to 0.4 feet of fall per 100 feet. The tile drainage trench must be constructed to the minimum depth required in the approved site evaluation report.
(b) A field collection drainage tile trench must be constructed at least 12 inches wide.
(c) Maximum drainage tile spacing must be 70 feet center to center.
(d) The minimum horizontal separation distance between the drainage tile and absorption facility must be 20 feet.
(e) Field collection drainage tile must be rigid, smooth-wall, perforated pipe or other pipe material approved by the agent with a minimum diameter of 4 inches.
(f) Field collection drainage tile must be enveloped in clean drain media or underdrain media to within 30 inches of the soil surface in soils with permanent groundwater or to within 12 inches of the soil surface in soils with temporary groundwater. Drain media must be covered with filter fabric, treated building paper, or other nondegradable material approved by the agent.
(g) Outlet tile must be rigid, smooth-wall, solid PVC pipe meeting or exceeding ASTM Standard D-3034 with a minimum diameter of 4 inches. A flap gate or rodent guard may be required by the agent.
(h) A silt trap with a 12-inch minimum diameter must be installed between the field collection drainage tile and the outlet pipe unless otherwise authorized by the agent. The bottom of the silt trap must be at least 12 inches below the invert of the drainage pipe outlet.
(i) The discharge pipe and tile drainage system are integral parts of the system but do not need to meet setback requirements to property lines, wells, streams, lakes, ponds, or other surface waterbodies.
(j) Before issuing a final site evaluation report approving the site, the agent may require demonstration that a proposed tile dewatering site can be effectively drained.
(k) The absorption facility must use equal or pressurized distribution.
Stat. Auth.: ORS 454.625 & 468.020

Stats. Implemented: ORS 454.615 & 454.775

Hist.: DEQ 10-1981, f. & ef. 3-20-81; DEQ 8-1983, f. & ef. 5-25-83; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95 ; DEQ 12-1997, f. & cert. ef. 6-19-97; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05
340-071-0320
Split Waste Method
Criteria for approval. In a split waste method, wastes may be disposed of as follows.
(1) Black wastes may be disposed of by use of 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.
Stat. Auth.: ORS 454.625 & 468.020

Stats. Implemented: ORS 454.610, 454.615 & 454.775

Hist.: DEQ 10-1981, f. & ef. 3-20-81; DEQ 8-1983, f. & ef. 5-25-83; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05
340-071-0325
Gray Water Waste Disposal Sumps
(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.
(2) In campgrounds or other
public use areas, graywater waste disposal sumps must be identified as "sink waste
disposal" by placard or sign in letters at least 3 inches in height and in a color
contrasting with the background.
(3) Design and construction
details for the graywater waste disposal sumps must be submitted with the permit
application. At a minimum, the sump design concepts must include a receiving chamber
with screen, settling chamber with tee fitting that extends about a third of the
depth of the clear zone, and an absorption facility. The absorption facility may
be a shallow seepage chamber or absorption trench, depending on site conditions
or other considerations.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.610,
454.615 & 454.775
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 19-1981, f. 7-23-81, ef. 7-27-81; DEQ 27-1994, f. 11-15-94, cert.
ef. 4-1-95; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13,
cert. ef. 1-2-14
340-071-0330
Nonwater-Carried Systems
(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 in accordance
with this section.
(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 written
approval of the agent if all other requirements of this rule except Table 8 setbacks are met.
(2) Nonwater-carried waste
disposal facilities may be approved for temporary or limited-use areas, including
but not limited to recreation parks, camp sites, farm labor camps, or construction
sites, if:
(a) All liquid wastes can
be handled in a manner to prevent a public health hazard and to protect public waters;
and
(b) The separation distances
in Table 8 can be met.
(3) Construction. Nonwatercarried
waste disposal facilities must be constructed in accordance with OAR 340-073-0065
through 340-073-0075.
(4) Maintenance. Nonwater-carried
waste disposal facilities must be maintained to prevent health hazards and pollution
of public waters.
(5) General. A person may
not place water-carried sewage in nonwater-carried waste disposal facilities. The
contents of nonwater-carried waste disposal facilities must be removed by a licensed
sewage disposal service with a pumper license and taken to an authorized treatment
site.
(6) Pit privy.
(a) Unsealed earth-pit type
privies may be approved where the highest level attained by groundwater is not closer
than 4 feet below the bottom of the privy pit.
(b) The privy must be constructed
to prevent surface water from running into the pit.
(c) When the pit becomes
filled to within 16 inches of the ground surface, a new pit must be excavated and
the old pit backfilled with at least 2 feet of earth.
(7) A person may not cause
or allow the installation or use of a portable toilet unless the pumping or cleaning
of the portable toilet is covered by a valid and effective contract with a pumping
service licensed under OAR 340-071-0600. Each portable toilet must display the name
of the pumping service responsible for servicing.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 454.625
& 468.020
Stats. Implemented: ORS 454.615
& 454.775
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 5-1982, f. & ef. 3-9-82; DEQ 8-1983, f. & ef. 5-25-83;
DEQ 9-1984, f. & ef. 5-29-84; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ
11-2004, f. 12-22-04, cert. ef. 3-1-05
340-071-0335
Cesspools and Seepage Pits
(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.
(4) Notwithstanding the permit
duration specified in OAR 340-071-0160(5), a permit issued pursuant to this rule
may be effective for a period of less than one year from the date of issue if specified
by the agent.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.615
& 454.775
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 21-1981(Temp), f. & ef. 9-1-81; DEQ 6-1982(Temp), f. &
ef. 3-19-82; DEQ 8-1982, f. & ef. 4-20-82; DEQ 1-1985(Temp), f. & ef. 1-2-85;
DEQ 2-1985, f. & ef. 2-1-85; DEQ 8-1986(Temp), f. & ef. 4-29-86; DEQ 16-1986,
f. & ef. 9-16-86; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 11-2004, f.
12-22-04, cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14
340-071-0340
Holding Tanks
(1) Criteria for approval. Except as
provided in section (5) of this rule, installation of 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 areawide
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 otherwise allowed
by DEQ, the projected daily sewage flow is not more than 200 gallons.
(E) Setbacks required for
septic tanks can be met.
(b) Temporary use: A holding
tank may be installed in an area under the control of a city or other legal entity
authorized to construct, operate, and maintain a community or area-wide sewerage
system if:
(A) The application for permit
includes a copy of a legal commitment from the legal entity to extend a community
or area-wide sewerage system meeting the requirements of this division to the property
covered by the application within five years from the date of the application; and
(B) The proposed holding
tank complies with other applicable requirements in OAR chapter 340, divisions 071
and 073.
(2) Operations and maintenance.
At all times the holding tank is being used, the owner of the tank must maintain
a service contract with a sewage disposal service licensed under OAR 340-071-0600
to provide for regular inspection and pumping of the holding tank.
(3) Design and construction
requirements. Except as provided in section (5) of this rule, holding tanks must
comply with the following requirements.
(a) Plans and specifications
for each holding tank proposed to be installed must be submitted to the agent for
review and approval.
(b) Each tank must:
(A) Have a minimum liquid
capacity of 1,500 gallons;
(B) Comply with tank standards
in OAR 340-073-0025;
(C) Be located and designed
to facilitate removal of contents by pumping
(D) Be equipped with both
an audible and a visual alarm placed in locations acceptable to the agent to indicate
when the tank is 75 percent full. Only the audible alarm may be user cancelable;
(E) Have no overflow vent
at an elevation lower than the overflow level of the lowest fixture served; and
(F) Be designed for antibuoyancy
if test hole examination or other observations indicate seasonally high groundwater
may float the tank when empty.
(4) Special requirements.
The application for a holding tank permit must include:
(a) A copy of a contract
with a licensed sewage disposal service that requires the tank to be pumped periodically
at regular intervals or as needed and the contents treated in a manner and at a
facility approved by the agent; and
(b) Evidence that the owner
or operator of the proposed treatment facility will accept the pumpings for treatment.
(5) Portable holding tanks
may be temporarily placed at sites having limited duration events such as county
fairs or construction projects or at temporary restaurants if the following requirements
are met.
(a) The tanks must be owned
and serviced by a licensed sewage disposal service with sewage pumping equipment
having a 550-gallon or larger tank and meeting all other requirements in OAR 340-071-0600(11).
(b) Tank placement and use
must comply with all local planning, building, and health requirements.
(c) Only domestic sewage
may be discharged into the tank.
(d) The tank must be maintained
in a sanitary manner to prevent a health hazard or nuisance.
(e) The tank must not be
buried.
(f) A person may not use
the tank to serve a dwelling, recreation vehicle, or any other structure having
sleeping accommodations, except that a portable holding tank may be used temporarily
to serve a contractor's job shack or night watchman's trailer.
(g) The tank must meet the
following standards.
(A) The tank must be watertight
with no overflow vent lower than the overflow level of the lowest fixture served.
(B) Tank capacity may not
exceed 1,000 gallons unless otherwise authorized by the agent.
(C) The tank must be structurally
sound and made of durable, noncorrosive materials.
(D) The tank must be designed
and constructed to provide a secure, watertight connection of the building sewer
pipe.
(E) The tank must be marked
with the name and phone number of the licensed sewage disposal service responsible
for maintaining the tank.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.615
& 454.775
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 5-1982, f. & ef. 3-9-82; DEQ 27-1994, f. 11-15-94, cert. ef.
4-1-95; DEQ 12-1997, f. & cert. ef. 6-19-97; DEQ 13-1997(Temp), f. & cert.
ef. 6-23-97; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13,
cert. ef. 1-2-14
340-071-0345
Alternative Treatment Technologies
(ATTs)
(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.
(2) ATT listing and delisting.
(a) DEQ will maintain a list
of ATTs that meet the performance requirements in section (3) of this rule.
(b) Any person may submit
an application for listing an ATT. The application must include:
(A) Documentation that the
ATT meets the performance requirements in section (3) of this rule;
(B) Documentation that the
ATT has been tested to NSF/ANSI as a class 1 or equivalent residential wastewater
treatment system;
(C) A guide for inspecting
the ATT installation;
(D) A plan for training agents
on inspection of the ATT and training and certifying system installers on installation
of the ATT;
(E) A plan for training and
certifying maintenance providers on system maintenance for the ATT;
(F) Documentation that the
ATT complies with sections (5)-(7) and (9) of this rule; and
(G) The alternative technology
review fee in OAR 340-071-0140(5).
(c) DEQ will approve applications
to list ATTs that DEQ determines meet the performance requirements in section (3)
of this rule under normal operating conditions. ATTs will be listed by brand and
model or type for the treatment standards they achieve.
(d) DEQ may approve ATTs
that vary from standards in OAR chapter 340, division 073.
(e) Beginning July 1, 2015,
DEQ may remove ATTs from the list if it determines the requirements for approval
in subsection (c) of this section are no longer satisfied or if:
(A) Ten percent or more of
systems under 10 years of age fail;
(B) The manufacturer fails
to submit the annual report in section (g) of this rule by the date specified by
DEQ; or
(C) The manufacturer fails
to submit the annual compliance determination fee in OAR 340-071-0140(5) by the
date specified by DEQ; or
(D) The manufacturer goes
out of business.
(f) All ATT listings will
expire on June 30, 2016 and will be removed from the list. To renew the ATT listing
and remain on the list, the manufacturer of the ATT must submit an application for
each ATT model by July 1, 2015. The application must include, but is not limited
to:
(A) A current list of each
ATT sold in the State of Oregon including the model number, serial number, and the
property address the ATT is located;
(B) A current list of all
maintenance providers that are certified by the manufacturer;
(C) The material plan review
fee in OAR 340-071-0140(5).
(g) Annual manufacturer report.
Unless otherwise authorized in writing by DEQ, the manufacturer must submit an annual
report for each ATT model. The report must include, but is not limited to:
(A) A list of each ATT sold
in Oregon for the reporting period including the model number, serial number, certified
maintenance provider name, status of service contract, and the property address
the ATT is located;
(B) A current list of all
maintenance providers that are certified by the manufacturer;
(C) The annual compliance
determination fee in OAR 340-071-0140(5).
(h) Any person adversely
affected by DEQ's listing or delisting decision may appeal that decision through
the contested case hearing procedures in ORS Chapter 183 and OAR chapter 340, division
011.
(3) Performance testing and
standards for listing ATTs.
(a) Product testing. ATTs
must be tested according to the product standards and testing protocols of NSF/ANSI
Standard No. 40 for residential wastewater treatment systems – 2013, NSF/ANSI
Standard No. 245 for nitrogen reduction — 2012, or another NSF/ANSI protocol
approved by DEQ. For purposes of demonstrating performance to the fecal coliform
concentration in treatment standard 2, the ATT shall be followed by a nonchlorinating
disinfection device that has been tested according to NSF/ANSI Standard No. 46 –
2012, or the ATT be tested by collecting and analyzing influent and effluent grab
samples at a minimum frequency of three days per week and the same duration (26
consecutive weeks) and hydraulic loadings (design and stress loadings) as the NSF/ANSI
sample collection requirements for the BOD5, CBOD5, and TSS parameters. The testing
must be performed by an ANSI accredited, third-party testing and certification organization
whose accreditation is specific to onsite wastewater treatment products, or have
been studied under the La Pine National Demonstration Project.
(b) Product performance.
An ATT must produce effluent quality equal to or better than treatment standard
1 or 2 defined in section 0100.
(4) ATT model type and size
selection. The model, type, and size of the ATT proposed for a system must be consistent
with manufacturer recommendations and match the daily design wastewater flow anticipated
from the dwelling or facility.
(5) Access ports.
(a) At a minimum, the ATT
must have ground-level access ports sized and located to facilitate installation,
removal, sampling, examination, maintenance, and servicing of components or compartments
that require routine maintenance or inspection. Access ports must facilitate:
(A) Visually inspecting and
removing mechanical or electrical components;
(B) Removing components that
require periodic cleaning or replacement;
(C) Visually inspecting and
collecting samples; and
(D) Removing (manual or pumping)
accumulated residuals.
(b) Access ports must be
protected against unauthorized intrusion. Acceptable protective measures include
but are not limited to padlocks or covers that can be removed only with tools.
(6) Malfunction, failure
sensing, and signaling equipment.
(a) The system must be designed
to prevent the passage of untreated waste into the absorption field if the plant
malfunctions.
(b) The ATT must possess
a mechanism or process capable of detecting:
(A) Failure of electrical
and mechanical components that are critical to the treatment process; and
(B) High liquid level conditions
above the normal operating specifications.
(c) The ATT must possess
a mechanism or process capable of notifying the system owner of failures. The mechanism
must have circuits separate from pump circuits and deliver a visible and audible
signal.
(A) The visual alarm signal
must be conspicuous at a distance of 50 feet from the system and its appurtenances.
(B) The audible alarm signal
strength must be between 70 and 90 dbA at 5 feet and discernible at a distance of
50 feet from the system and its appurtenances.
(C) The visual and auditory
signals must continue to function in the event of electrical, mechanical equipment,
or hydraulic malfunction of the system. The audible signal may be disabled for service
as long as the visual signal remains active while cause for the alarm is identified
and alleviated.
(d) A clearly visible label
or plate with instructions for obtaining service must be permanently located near
the failure signal.
(7) Data plate.
(a) The ATT must have permanent
and legible data plates located on:
(A) The front of the electrical
control box if the ATT has an electrical control box or panel; and
(B) The tank, aeration equipment
assembly, or riser at a location accessed during maintenance cycles and inspections.
(b) Each data plate must
include:
(A) Manufacturer's name and
address;
(B) Model number;
(C) Serial number (required
on one data plate only);
(D) Rated daily hydraulic
capacity of the system; and
(E) The performance expectations
as determined by performance testing and evaluation.
(8) Siting and absorption
area construction criteria.
(a) ATTs approved for treatment
standard 1 may be sited and sized as follows.
(A) In areas with a temporary
water table, in accordance with specifications for sand filters in areas with temporary
groundwater in OAR 340-071-0290.
(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.
(b) ATTs used in conjunction
with approved disinfection and approved nitrogen reduction processes and approved
for treatment standard 2 may be sited and sized as follows.
(A) On sites meeting the
criteria for treatment standard 1 in subsection (a) of this section.
(B) In areas with a permanent
water table, in accordance with specifications for sand filters in areas with a
permanent water table in OAR 340-071-0290.
(c) Any type of absorption
area permitted for a sand filter system, including the gravel-less absorption method,
may be permitted for an ATT system.
(9) Limited warranty. The
ATT manufacturer must:
(a) Warrant all components
of the ATT to be free from defects in material and workmanship for a minimum of
two years from the date of installation; and
(b) Fulfill the terms of
the warranty by repairing or exchanging any components that the manufacturer determines
may be defective.
(10) Installation. ATTs must
be installed in accordance with the manufacturer's instructions and this division.
The installer must be certified by the ATT manufacturer to install the system and
provide written certification to the agent that the ATT component was installed
in accordance with the manufacturer's instructions and this rule.
(11) Sampling ports. A sampling
port must be designed, constructed, and installed to provide easy access for collecting
a free falling or undisturbed sample from the effluent stream. The sampling port
may be located within the ATT or other system component (such as a pump chamber)
if the wastewater stream being sampled is representative of the effluent stream
from the ATT.
(12) Operation and maintenance
standards. The owner of an ATT system must ensure the ATT and all components of
the onsite system are properly operated and timely maintained or decommissioned
and the effluent standards in section (3) of this rule are met.
(13) Owner's manual. The
designer of each onsite system using an ATT must provide a comprehensive owner's
manual prepared by the manufacturer or designer to the system owner, manufacturer's
representative, installer, and if requested, the agent before or at the time of
installation. The manual may be a collection of individual system component manuals
and must include information on system specifications, system installation, operation
and maintenance, and troubleshooting and repair. The information must be presented
in a manner that can be easily under-stood by the owner.
(14) Service contracts.
(a) The owner of an ATT system
must maintain a contract, in accordance with OAR 340-071-0130(23), with a maintenance
provider to serve and maintain the onsite system. A service contract must be entered
before the system is installed and must be maintained until the system is decommissioned.
(b) A maintenance provider
must be certified by the manufacturer to provide service on an ATT.
[ED. NOTE: Tables referenced are available
from the agency.]
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 454.625
& 468.020
Stats. Implemented: ORS 454.615
& 454.775
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 5-1982, f. & ef. 3-9-82; DEQ 8-1983, f. & ef. 5-25-83;
DEQ 9-1984, f. & ef. 5-29-84; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ
11-2004, f. 12-22-04, cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14
340-071-0360 
Absorption Trenches in Saprolite
(1) General conditions for approval.
An onsite system construction-installation permit may be issued for a single family
dwelling on a site with soil shallow to saprolite if requirements in either 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.
(b) If slope exceeds 30 percent
but not 45 percent:
(A) The saprolite is sufficiently
weathered so that it can be textured, crushed, or broken with hand pressure to a
depth of 24 inches and can be dug from a test pit wall with a spade or other hand
tool to a depth of 60 inches; and
(B) Clay films or iron coatings
with moist values of 5 or less and moist chromas of 4 or more, organic coatings
with moist values of 3 or less and moist chromas of 2 or more, or both occur on
fracture surfaces of the saprolite to a depth of 60 inches.
(c) For saprolite derived
from granite or other deposits where clay films or iron coatings are not present,
a soil absorption test and the degree of consolidation may be used to predict hydraulic
conductivity of the saprolite. Agents may approve sites where conductivity is sufficiently
high to ensure adequate drainage. Test methods must be acceptable to DEQ.
(2) Construction Requirements.
(a) Standard absorption trenches
must be installed where slope does not exceed 30 percent.
(A) The trenches must be
installed at a minimum depth of 24 inches and a maximum depth of 30 inches below
the natural soil surface and contain 12 inches of filter material and a minimum
of 12 inches of native soil backfill.
(B) The trenches must be
sized at a minimum of 100 linear feet per 150 gallons projected daily sewage flow.
(b) Seepage trenches must
be installed where slope exceeds 30 percent but not 45 percent.
(A) Seepage trenches must
be installed at a minimum depth of 30 inches and at a maximum depth of 36 inches
below the natural soil surface and contain a minimum of 18 inches of filter material
and 12 inches of native soil backfill.
(B) Seepage trenches must
be sized at a minimum of 75 linear feet per 150 gallons of projected daily sewage
flow.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.615
& 454.775
Hist.: DEQ 9-1984, f. &
ef. 5-29-84; DEQ 15-1986, f. & ef. 8-6-86; DEQ 11-2004, f. 12-22-04, cert. ef.
3-1-05; DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14
340-071-0400
Geographic Area Special Considerations.
(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.
(b) Subsection (a) of this
section applies to all of the following area generally known as River Road —
Santa Clara and defined by the boundary submitted by the Board of County Commissioners
for Lane County. The area is bounded on the south by the City of Eugene, on the
west by the Southern Pacific Railroad, on the north by Beacon Drive, and on the
east by the Willamette River and includes all or portions of T16S, R4W, Sections
33, 34, 35, 36; T17S, R4W, Sections 1, 2, 3, 4, 10, 11, 12, 13, 14, 15, 22, 23,
24, 25; and T17S, R1E, Sections 6, 7, 18, Willamette Meridian.
(c) Appropriate local agencies
within this area may petition the commission to repeal or modify this rule. Such
petition must provide reasonable evidence either that development using onsite wastewater
treatment systems will not cause unacceptable degradation of groundwater quality
or surface water quality or that degradation of groundwater or surface water quality
will not occur as a result of the modification or repeal requested.
(d) This section does not
apply to any construction-installation permit application based on a site approval
issued by the agent pursuant to ORS 454.755(1)(b) before March 20, 1981.
(2) General North Florence
Aquifer, North Florence Dunal Aquifer Area, Lane County.
(a) Within the area described
in subsection (b) of this section, an agent may approve sites or issue construction-installation
permits for new onsite systems under either of the following circumstances.
(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 lot and proposed
system comply with paragraph (A) of this subsection except for the projected daily
sewage loading rates, and the agent determines the system in combination with all
other previously approved systems owned or legally controlled by the applicant will
not contribute to the local groundwater more than 58 pounds of nitrate-nitrogen
per year per acre owned or controlled by the applicant.
(b) Subsection (a) of this
section applies to the following area designated the General North Florence Aquifer
of the North Florence Dunal Area and defined by the hydrologic boundaries identified
in the June 1982, 208 North Florence Dunal Aquifer Study. The area is bounded on
the west by the Pacific Ocean; on the southwest and south by the Siuslaw River;
on the east by the North Fork of the Siuslaw River and the ridge line at the approximate
elevation of four hundred (400) feet above mean sea level directly east of Munsel
Lake, Clear Lake, and Collard Lake; and on the north by Mercer Lake, Mercer Creek,
Sutton Lake, and Sutton Creek and includes all or portions of T17S, R12W, Sections
27, 28, 33, 34, 35, 36, and T18S, T12W, sections 1, 2, 3, 4, 9, 10, 11, 12, 13,
14, 15, 16, 22, 23, 24, 25, 26, 27; W.M., Lane County, except that portion defined
as the Clear Lake Watershed, which is the area beginning at a point known as Tank
One, located in Section One, Township 18 South, Range 12 West, of the Willamette
Meridian, Lane County, Oregon: run thence S. 67° 50' 51.5" E. 97.80 ft. to
the True Point of Beginning; run thence S. 05° 40' 43.0" W. 1960.62 ft. to
a point; run thence S. 04° 58' 45.4" E. 1301.91 ft. to a point; run thence
S. 52° 44' 01.0" W. 231.21 ft. to a point; run thence S. 15° 20' 45.4"
E. 774.62 ft. to a point; run thence S. 31°44' 14.0" W. 520.89.ft. to a point;
run thence S. 00° 24' 43.9" W. 834.02 ft. to a point; run thence S. 07°
49' 01.8" W. 1191.07 ft. to a point; run thence S. 50° 26' 06.3" W. 731.61
ft. to a point; run thence S. 02° 51' 10.5" W. 301.37 ft. to a point; run thence
36° 37' 58.2" W. 918.41 ft. to a point; run thence S. 47° 12' 26.3" W.
1321.86 ft. to a point; run thence S. 72° 58' 54.2" W. 498.84 ft. to a point;
run thence S. 85° 44' 21.3" W. 955.64 ft. to a point; Which is N. 11°
39' 16.9" W. 5434.90 ft. from a point known as Green Two (located in Section 13
in said Township and Range); run thence N. 58° 09' 44.1" W. 1630.28 ft. to
a point; run thence N. 25° 23' 10.1" W. 1978.00 ft. to a point; run thence
N. 16° 34' 21.0" W. 1731.95 ft. to a point; run thence N. 06° 13' 18.0"
W. 747.40 ft. to a point; run thence N. 03° 50' 32.8" E. 671.51 ft. to a point;
run thence N. 59° 33'18.9" E. 1117.02 ft. to a point; run thence N. 59°
50' 06.0" E. 1894.56 ft. to a point; run thence N. 48° 28' 40.0" E. 897.56
ft. to a point; run thence N. 31° 29' 50.7" E. 920.64 ft. to a point; run thence
N. 19° 46' 39.6" E. 1524.95 to a point; run thence S. 76° 05' 37.1" E.
748.95 ft. to a point; run thence S. 57° 33' 30.2" E. 445.53 ft. to a point;
run thence S. 78° 27' 44.9" E. 394.98 ft. to a point; run thence S. 61°
55' 39.0" E. 323.00 ft. to a point; run thence N. 89° 04' 46.8" E, 249.03 ft.
to a point; run thence S. 67° 43' 17.4" E. 245.31 ft. to a point; run thence
S. 79° 55' 09.8" E. 45.71 ft. to a point; run thence S. 83° 59' 27.6"
E. 95.52 ft. to a point; run thence N. 42° 02' 57.2" E. 68.68 ft. to a point;
run thence S. 80° 41' 24.2" E. 61.81 ft. to a point; run thence S. 10°
47' 03.5" E. 128.27 ft. to the True Point of Beginning; and containing all or portions
of T17S, R12W, Sections 35 and 36; and T18S, R12W, Sections 1, 2, 11 and 12; W.M.,
Lane County.
(3) Lands overlaying the
Alsea Dunal Aquifer.
(a) Within the area set forth
in subsection (c) of this section, the agent may approve a site or issue a permit
to construct a single onsite system on lots that were lots of record before January
1, 1981, or on lots in partitions or subdivisions that have received preliminary
planning, zoning, and onsite wastewater treatment system approval before January
1, 1981, if one of the following can be met.
(A) At the time the site
is approved or the permit is issued, the lot complies with OAR 340-071-0100 through
340-071-0360 and 340-071-0410 through 340-071-0520.
(B) The site meets all of
the following conditions when a pressurized seepage bed is used.
(i) Groundwater levels are
not closer than 4 feet from the ground surface or closer than 3 feet from the bottom
of the seepage bed.
(ii) The seepage bed is constructed
in accordance with OAR 340-071-0275(4) and (5).
(iii) The seepage bed is
sized on the basis of 200 square feet of bottom area per 150 gallons projected daily
sewage flow.
(iv) Projected daily sewage
flows are limited to 375 gallons per lot, except for lots approved in a site evaluation
for a larger flow.
(v) All setbacks identified
in Table 1 can be met, except that lots of record before May 1, 1973, must maintain
a minimum 50-feet separation to public surface waters.
(vi) Sufficient area exists
on the lot to install a seepage bed and a replacement seepage bed, or the area reserved
for replacement is waived pursuant to the exception in OAR 340-071-0150(4)(a)(C).
(C) The site meets all of
the following conditions when a bottomless sand filter is used.
(i) Groundwater levels are
not closer than 1 foot from the ground surface and not closer than 1 foot from the
bottom of the sand filter.
(ii) Sewage flows are limited
to 375 gallons per day per lot, except for lots approved in a site evaluation for
larger flows.
(iii) The sand filter is
sized at 1 square foot of bottom area for each gallon of projected daily sewage
flow.
(iv) The design and construction
requirements in OAR 340-071-0295(3) and (4) must be met. A bottomless sand filter
unit does not require a watertight floor, but does require watertight walls unless
otherwise authorized by the agent.
(v) All setbacks identified
in Table 1 can be met, except that lots of record before May 1, 1973, must maintain
a minimum 50 feet separation to public surface waters.
(vi) Sufficient area exists
on the lot to install an initial and replacement bottomless conventional sand filter,
or the area for replacement is not required under OAR 340-071-0150(4)(a)(C).
(b) An agent may approve
a site or issue a construction-installation permit for a new onsite system within
the area set forth in subsection (c) of this section on lots created on or after
January 1, 1981, if all rules in this division can be met.
(c) The Alsea Dunal Aquifer
is defined as all the land bounded on the East by Highway 101, on the west by the
Pacific Ocean, and from Driftwood Beach Wayside South to the southern tip of the
Alsea Bay Spit.
(d) If groundwater monitoring
in the Alsea Dunal Aquifer indicates unacceptable levels of degradation or if development
of the aquifer as a source of drinking water is necessary or desirable, sewage collection
and off-site treatment facilities must be installed unless further study demonstrates
that such facilities are not necessary or effective to protect the beneficial use.
(4) Christmas Valley Townsite,
Lake County.
(a) Within the area set forth
in subsection (b) of this section, the agent may consider the shallow groundwater
table, if present, in the same manner as a temporary water table when issuing site
evaluation reports and construction-installation permits.
(b) The Christmas Valley
Townsite is defined as all land within the Christmas Valley Townsite plat located
within Sections 9, 10, 11, 14, 15 and 16 of Township 27 South, Range 17 East, Willamette
Meridian, in Lake County.
(5) Clatsop Plains Aquifer,
Clatsop County. The Clatsop Plains Groundwater Protection Plan, prepared by R.W.
Beck and Associates and adopted by Clatsop County, provides a basis for continued
use of onsite wastewater treatment systems while protecting the quality of groundwater
for future water supplies. For the plan to be successful, the following components
must be accomplished.
(a) By January 1, 1983, Clatsop
County must identify and set aside aquifer reserve areas for future water supply
development containing a minimum of 2-1/2 square miles. The reserve areas must be
controlled so that the potential for groundwater contamination from nitrogen and
other possible pollutants is kept to a minimum;
(b) The agent may approve
sites and issue construction permits for new onsite systems within the area generally
known as the Clatsop Plains as described in subsection (c) of this section if the
conditions in paragraph (A) and paragraph (B), (C), or (D) of this subsection are
met.
(A) The lot or parcel was
created in compliance with the appropriate comprehensive plan for Gearhart (adopted
by County Ordinance 80-3), Seaside (adopted by County Ordinance 80-10), Warrenton
(adopted by County Ordinance 82-15), or Clatsop County (adopted through Ordinance
No. 79-10).
(B) The lot or parcel does
not violate any rule of this division.
(C) Lot or parcel does not
violate DEQ's Water Quality Management Plan or any rule in this division, except
that the projected maximum sewage loading rate may exceed the ratio of 450 gallons
per 1/2 acre per day. In this case, the onsite system must be either a sand filter
system or a pressurized distribution system with a design sewage flow not to exceed
450 gallons per day.
(D) Use of standard onsite
systems to serve single family dwellings within planned developments or clustered-lot
subdivisions complies with the following requirements:
(i) The planned development
or clustered-lot subdivision is not located within Gearhart, Seaside, Warrenton,
or their urban growth boundaries.
(ii) The lots do not violate
any rule of this division, except the projected maximum sewage loading rate may
exceed the ratio of 450 gallons per acre per day.
(iii) DEQ is provided satisfactory
evidence through a detailed groundwater study that the use of standard systems will
not constitute a greater threat to groundwater quality than would occur with the
use of sand filter systems or pressurized distribution systems.
(c) The area generally known
as Clatsop Plains is bounded by the Columbia River to the North; the Pacific Ocean
to the west; the Necanicum River, Neawanna Creek, and County Road 157 on the south;
and the Carnahan Ditch-Skipanon River and the foothills of the Coast Range to the
east.
(6) Within areas east of
the Cascade Range where the annual precipitation does not exceed 20 inches, the
agent may issue a construction-installation permit authorizing installation of a
standard system to serve a single family dwelling if the requirements in subsections
(a) and (b) of this section are met.
(a) Minimum site criteria.
(A) The parcel or lot is
10 acres or larger.
(B) The slope gradient does
not exceed 30 percent.
(C) The soils are diggable
with a backhoe to a depth of at least 24 inches.
(D) The site complies with
the provisions of OAR 340-071-0220(1)(b), (f), (g), (h), (i), and (j).
(b) Minimum construction
requirements.
(A) The system must contain
at least 225 linear feet of absorption trench for projected sewage flows not exceeding
450 gallons per day. Larger sewage flows must be sized on the basis of 75 linear
feet per each 150 gallons of projected flow.
(B) The system must be constructed
and backfilled in compliance with OAR 340-071-0220(3), (4), (5), (7), (8), (9),
(10), (11), and (12).
(c) The owner or owner's
authorized representative may submit a single application to the agent for both
a site evaluation report and a construction-installation permit. Such application
must be submitted in accordance with OAR 340-071-0160 or 340-071-0162 and include
the applicable evaluation and permit fees in OAR 340-071-0140.
(d) The agent may waive the
pre-cover inspection for a system installed pursuant to this section if the system
installer submits the following information to the agent at the time construction
of the system is complete:
(A) A detailed, accurate
as-built plan of the constructed system;
(B) A list of all material
used in the construction of the system; and
(C) A written certification
on a form acceptable to DEQ that the construction was in accordance with the permit
and rules in this division and OAR chapter 340, division 73.
(e) The Agent may waive the
site evaluation for a single family dwelling if the requirements in this subsection
are met. These conditions are set forth in an addendum to the memorandum of agreement
(contract) between the County and DEQ.
(A) Minimum site criteria.
(i) The lot or parcel is
80 acres or larger.
(ii) The separation distance
between the proposed onsite system and the nearest dwelling not served by the proposed
system is at least 1/4 mile.
(iii) The nearest property
line to the proposed system is at least 100 feet; the nearest domestic water source
is at least 200 feet; and the nearest public surface water is at least 200 feet.
(iv) In the opinion of the
agent, topographical and soils information submitted with the application, including
but not limited to slope, terrain, landform, and rock outcrops, demonstrates that
the property can be approved for an onsite system in accordance with this division.
(B) Minimum construction
requirements.
(i) Sizing requirements of
Tables 4 and 5 must be followed as closely as possible. In all cases the system
must contain at least 225 linear feet of absorption trench for projected sewage
flows not exceeding 450 gallons per day. Larger sewage flows must be sized on the
basis of 75 linear feet per each 150 gallons of projected flow.
(ii) The system must be constructed
and backfilled as closely as possible to the requirements in OAR 340-071-0220. The
agent may waive watertight testing of tanks in the system.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 183.335,
454.625, 468.020, 468B.010 & 468B.020
Stats. Implemented: ORS 454.610
& 454.615
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 17-1981, f. & ef. 7-10-81; DEQ 2-1982, f. & ef. 1-28-82;
DEQ 16-1982, f. & ef. 8-31-82; DEQ 20-1982, f. & ef. 10-19-82; DEQ 3-1983,
f. & ef. 4-18-83; DEQ 8-1983, f. & ef. 5-25-83; DEQ 15-1986, f. & ef.
8-6-86; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 20-1996(Temp), f. &
cert. ef. 10-14-96; DEQ 4-1997, f. & cert. ef. 3-7-97; DEQ 11-2004, f. 12-22-04,
cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14
340-071-0410
Rural Area Consideration
An agent may approve design and construction
of 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 judgment of the
agent be unreasonable, burdensome, or impractical.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.615
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 11-2004, f. 12-22-04,
cert. ef. 3-1-05
340-071-0415
For Cause Variances
(1) An applicant may request variances
from any rule or standard in this division.
(2) Variances. Variance officers
appointed by the director 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.
(4) Applications.
(a) A separate application
for each site considered for a variance must be submitted to DEQ or contract county
as appropriate.
(b) Each application must
be signed by the owner of the property served by the system and include:
(A) A site evaluation report,
unless waived by the variance officer;
(B) Plans and specifications
for the proposed system;
(C) The variance from onsite
system rule fee in OAR 340-071-0140; and
(D) Other information the
variance officer determines is necessary for a decision.
(5) An applicant for a variance
is not required to pay the application fee if at the time of filing the applicant:
(a) Is 65 years of age or
older;
(b) Is a resident of Oregon;
(c) Has an annual household
income, as defined in ORS 310.630, of $15,000 or less; and
(d) Has not previously applied
for a variance under this section.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.657,
454.660 & 454.662
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 5-1982, f. & ef. 3-9-82; DEQ 9-1984, f. & ef. 5-29-84;
DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13, cert. ef.
1-2-14
340-071-0420
Hardship Variances
(1) In cases of extreme and unusual
hardship, the commission may, after a public hearing, grant hardship variances from
rules or standards in this division to applicants for onsite permits.
(2) Applications.
(a) Applicants must submit
applications for hardship variances to DEQ.
(b) The application must
document that:
(A) A for cause variance
under 340-071-0415 has been denied; and
(B) An extreme or unusual
hardship exists.
(3) The commission may consider
the following factors in reviewing an application for a variance based on hardship:
(a) Applicant's advanced
age or poor health;
(b) Applicant's need to care
for aged, incapacitated, or disabled relatives; and
(c) Environmental impacts
from the variance.
(4) Hardship variances granted
by the commission may include conditions such as:
(a) Limiting permits to the
life of the applicant;
(b) Limiting the number of
permanent residents using the system; and
(c) Use of experimental systems
for specified periods of time.
(5) DEQ will strive to aid
and accommodate the needs of applicants for hardship variances.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.657
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13,
cert. ef. 1-2-14
340-071-0425
Variance Officers
(1) To qualify for appointment as a
variance officer, an individual must:
(a) Have the equivalent of
five years of full time experience in onsite wastewater treatment methods since
January 1, 1974; three years must have been in Oregon; and
(b) Have attended a seminar,
workshop, or short course pertaining to soils and their relationship to onsite wastewater
treatment.
(2) Contract counties may
request appointment of county staff as variance officers.
Stat. Auth.: ORS 454.625
Stats. Implemented: ORS 454.660
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 12-1997, f. & cert. ef. 6-19-97; DEQ 11-2004, f. 12-22-04,
cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14
340-071-0430
Variance Hearings and Decisions
(1) A variance officer must hold a public information hearing on each variance application for a for cause or hardship variance within 30 days after receipt of 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.
Stat. Auth.: ORS 454.625 & 468.020

Stats. Implemented: ORS 454.660

Hist.: DEQ 10-1981, f. & ef. 3-20-81; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05
340-071-0435
Variance Permit Issuance, Inspections, Certificate of Satisfactory Completion
(1) The variance officer or, for hardship
variances, DEQ must notify the appropriate agent in writing of each variance granted.
(2) Agents must issue system
construction-installation permits, perform inspections, and issue Certificates of
Satisfactory Completion for systems that comply with the conditions of a variance
decision.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.660
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 5-1982, f. & ef. 3-9-82; DEQ 11-2004, f. 12-22-04, cert. ef.
3-1-05; DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14
340-071-0440
Variance Appeals
(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 in accordance with 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 in accordance with ORS 183.484.
Stat. Auth.: ORS 454.625
Stats. Implemented: ORS 454.660
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05
340-071-0445
Variance Administrative Review
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
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 12-1997, f. & cert. ef. 6-19-97; DEQ 11-2004, f. 12-22-04,
cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14
340-071-0460
Moratorium Areas
(1) In accordance with 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 pursuant to this rule.
Stat. Auth.: ORS 183.335, 454.625, 468.020, 468B.010 & 468B.020

Stats. Implemented: ORS 454.685

Hist.: DEQ 10-1981, f. & ef. 3-20-81; DEQ 16-1982, f. & ef. 8-31-82; DEQ 3-1983, f. & ef. 4-18-83; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 20-1996(Temp), f. & cert. ef. 10-14-96; DEQ 4-1997, f. & cert. ef. 3-7-97; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05
340-071-0500
Community Systems
(1) A person may not construct a community system without a permit.
(2) Plans for all community systems must describe the system and how it is to be operated, maintained, and financed.
(3) Community systems must satisfy the siting criteria in this division for standard or alternative systems.
(4) Operation responsibility. Municipalities, homeowner associations, or associations of unit owners must operate and maintain community systems including inspections annually or as required by a permit, Certificate of Satisfactory Completion, or these rules.
Stat. Auth.: ORS 454.625 & 468.020

Stats. Implemented: ORS 454.615 & 468B.080

Hist.: DEQ 10-1981, f. & ef. 3-20-81; DEQ 5-1982, f. & ef. 3-9-82; DEQ 9-1984, f. & ef. 5-29-84;DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05
340-071-0520
Large Systems
Unless otherwise authorized by DEQ,
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 upon 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 in accordance with 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.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.615
& 468B.080
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 8-1983, f. & ef. 5-25-83; DEQ 27-1994, f. 11-15-94, cert. ef.
4-1-95; DEQ 12-1997, f. & cert. ef. 6-19-97; DEQ 11-2004, f. 12-22-04, cert.
ef. 3-1-05; DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14
340-071-0600
Sewage Disposal Service Licenses
(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 the construction or installation of 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 thereof, and to dispose of the material derived from
the pumping out or cleaning of 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.
(3) Duration of license.
The duration of a sewage disposal service license may not exceed three years following
the date of issuance. DEQ may issue licenses for periods of less than three years
to stagger expiration dates. DEQ will provide licensees written notice of the expiration
date assigned and date application for renewal is due.
(4) Certification requirement.
(a) Each business with an
installer or installer/pumper license must identify at least one person certified
under OAR 340-071-0650 who will supervise installation of onsite systems for the
licensee.
(b)Applicants must submit
evidence of the certification required by this section to DEQ with their application.
(5) New, renewal, and reinstatement
licenses. Persons applying for new, renewal, or reinstatement of existing licenses
must submit the following to DEQ for each license.
(a) A complete license application
form.
(b) Evidence of a surety
bond or equivalent security approved by DEQ in the penal sum of $15,000 for each
installer or installer/pumper license or $5000 for each pumper license and evidence
that the security or bond will be continued through the license cycle and satisfies
all other requirements of section (7) of this rule.
(c) The applicable license
fee in OAR 340-071-0140(6).
(d) Evidence of certification
as required in section (4) of this rule.
(e) For pumper licenses:
(A) A completed Sewage Pumping
Equipment Description/Inspection form documenting inspection by an agent of all
pumping equipment to be used for work under the license; and
(B) Upon request by DEQ,
summary origin-destination pumping information for pumping services.
(6) Transfer or amendment
of license. DEQ may amend or transfer a valid sewage disposal service license to
reflect changes in business name, ownership, or entity (e.g., from individual to
partnership or corporation). Persons applying for a license transfer or amendment
must submit the following to DEQ:
(a) A complete application
to transfer or amend the license with the applicable license fee in OAR 340-071-0140(6);
(b) A rider to an existing
bond or a new form of security as required in subsection (5)(b) of this rule;
(c) The valid sewage disposal
service license (not suspended, revoked, or expired) being transferred or amended;
(d) For business name changes,
a new Sewage Pumping Equipment Description/Inspection form for each vehicle to be
used for work under the license; and
(e) For installer licenses,
evidence of certification as required in section (4) of this rule.
(7) Security requirements.
(a) Security required by
this rule may be any of the following.
(A) A surety bond executed
in favor of the State of Oregon on a form approved by the Attorney General and provided
by DEQ. The bond must be issued by a surety company licensed by the Insurance Commissioner
of Oregon. A surety bond must require at least 45 days notice to DEQ before cancellation
is effective and must otherwise remain in effect for at least two years following
termination of the sewage disposal service license, except as provided in subsection
(c) of this section.
(B) An insured savings account
irrevocably assigned to DEQ with interest earned by such account made payable to
the depositor.
(C) Negotiable securities
of a character approved by the State Treasurer irrevocably assigned to DEQ with
interest earned on deposited securities made payable to the depositor.
(b) Any deposit of cash or
negotiable securities under ORS 454.705 must remain in effect for at least 2 years
following termination of the sewage disposal service license except as provided
in subsection (c) of this section. A claim against such security deposits must be
submitted in writing to DEQ with an authenticated copy of:
(A) The court judgment or
order requiring payment of the claim; or
(B) Written authority by
the depositor for DEQ to pay the claim.
(c) When proceedings under
ORS 454.705 have been commenced while the security required is in effect, such security
must be held until final disposition of the proceedings is made. At that time claims
will be referred for consideration of payment from the security so held.
(8) Licensee responsibilities.
Each licensee:
(a) Is responsible for violations
of any statute, rule, or order of the commission or DEQ pertaining to the licensed
business.
(b) Is responsible for any
act or omission of any servant, agent, employee, or representative of such licensee
in violation of any statute, rule, or order pertaining to the license privileges.
(c) Must deliver written
notice, before completing licensed services, to each person:
(A) The rights of the recipient
included in ORS 454.705(2); and
(B) The name and address
of the surety company that has executed the bond required by ORS 454.705(1); or
(C) A statement that the
licensee has deposited cash or negotiable securities for the benefit of DEQ to compensate
any person injured by failure of the licensee to comply with ORS 454.605 to 454.745
and rules of this division.
(d) Inform DEQ of changes
that affect the license, such as changes in the business, ownership, or entity (e.g.,
changes from individual to partnership or corporation).
(9) Misuse of license.
(a) A sewage disposal service
licensee may not allow anyone to perform sewage disposal services under its license
except employees of the licensee.
(b) A licensee may not:
(A) Display or cause or permit
to be displayed any license that is fictitious, revoked, suspended, or fraudulently
altered;
(B) Fail or refuse to surrender
to DEQ any license that has been suspended or revoked.
(C) Give false or fictitious
information or knowingly conceal a material fact or otherwise commit a fraud in
any license application or any other activities associated with the license.
(10) Denial, suspension,
or revocation of licenses.
(a) DEQ may refuse to grant,
renew, or reinstate or may suspend or revoke any sewage disposal service license
in accordance with procedures in ORS 183.310 to 183.540 if it finds:
(A) A material misrepresentation
or false statement in connection with a license application;
(B) Failure to comply with
any provisions of ORS 454.605 through 454.785, the rules of the commission, or an
order of the commission or DEQ;
(C) Failure to maintain in
effect at all times the required bond or other approved equivalent security in the
full amount specified in these rules; or
(D) Nonpayment by drawee
of any instrument tendered by the applicant as payment of a license fee.
(b) Whenever a license is
suspended or revoked or expires, the licensee must remove the license from display
and remove all DEQ-issued labels from equipment used for work under the license.
Within 14 days after suspension or revocation, the licensee must surrender the suspended
or revoked license and certify in writing to DEQ that all DEQ-issued labels have
been removed from all equipment.
(c) A sewage disposal service
business may not be considered for re-licensure for a period of at least 1 year
after revocation of its license.
(d) A suspended license may
be reinstated if:
(A) The licensee submits
to DEQ a complete application for reinstatement of license accompanied by the applicable
license fee in OAR 340-071-0140(6);
(B) The grounds for suspension
have been corrected; and
(C) The original license
would not have otherwise expired.
(11) Requirements for pumping
vehicles and equipment. A licensee who pumps onsite systems must ensure that all
pumping vehicles and equipment comply with the following requirements.
(a) Tanks used for pumping
or transporting septage must:
(A) Have a liquid capacity
of at least 550 gallons, except that tanks for equipment used exclusively for pumping
chemical toilets not exceeding 80 gallons capacity must have a liquid capacity of
at least 150 gallons;
(B) Be of watertight metal
construction;
(C) Be fully enclosed; and
(D) Have suitable covers
to prevent spillage.
(b) Vehicles used for pumping
or transporting septage must be equipped with either a vacuum or other type of pump
that is self-priming and will not allow seepage from the diaphragm or other packing
glands.
(c) The sewage hose on vehicles
must be drained, capped, and stored in a manner that will not create a public health
hazard or nuisance.
(d) The discharge nozzle
must be:
(A) Provided with either
a camlock quick coupling or threaded screw cap;
(B) Sealed by threaded cap
or quick coupling when not in use;
(C) Located to minimize flow
or drip onto any portion of the vehicle;
(D) Protected from accidental
damage or breakage.
(e) Pumping equipment must
not have spreader gates unless permitted to land apply alkaline-stabilized septage
in accordance with chapter 340, division 050.
(f) Each vehicle must at
all times be supplied with a pressurized wash-water tank, disinfectant, and implements
for cleanup.
(g) Except as specified in
subsection (h) of this section or otherwise authorized in writing by the agent,
pumping equipment must be used exclusively for pumping sewage disposal facilities.
(h) The following may be
pumped or serviced using pumping equipment without written authorization, whether
or not they are connected to an onsite system or a centralized community sewer system:
pump stations, lift stations, food grease tanks, vaults or tanks used for domestic
sewage not contaminated with industrial or hazardous waste, and spills and backups
of uncontaminated domestic sewage.
(i) Chemical toilet pumping
equipment may not be used for any other purpose if the pump tank has a liquid capacity
of less than 550 gallons.
(j) Equipment must be maintained
in a reasonably clean condition at all times and must be operated in a manner that
does not create a public health hazard or nuisance.
(12) Vehicle identification.
The onsite sewage disposal services licensee must identify vehicles as follows.
(a) The licensee's name or
assumed business name must be displayed on both sides of the vehicle or the attached
tank and on both sides of a tank trailer.
(A) Letters must be at least
3 inches high unless otherwise authorized by DEQ.
(B) Letters must be in a
color contrasting with the background.
(b) Tank capacity must be
printed on both sides of the tank.
(A) Letters must be at least
3 inches high unless otherwise authorized by DEQ.
(B) Letters must be in a
color contrasting with the background.
(c) Labels issued by DEQ
for each current license period must be displayed at all times at the front and
rear and on each side of the vehicle. Labels must be returned to DEQ when a vehicle
is no longer being used in conjunction with pumping under a sewage disposal service
license.
(13) Septage management requirements.
The licensee and all persons managing septage:
(a) Must avoid spilling sewage
or septage during pumping, cleaning, or transport and must immediately clean up
any spill and disinfect the spill area.
(b) Must dispose of septage
and sewage only in disposal facilities approved by DEQ.
(c) At all times during pumping,
transport, or disposal of septage, must possess origin-destination records for sewage
disposal services rendered.
(d) Must maintain on file
for at least 3 years complete origin-destination records for sewage disposal services
rendered. The records must be made available for review upon the request of DEQ.
Origin-destination records must include the following information for each pumping,
transport, and disposal occurrence:
(A) Source of septage, including
name and address;
(B) Specific type of material
pumped;
(C) Quantity of material
pumped;
(D) Name and location of
disposal site where septage was deposited;
(E) Quantity of material
deposited; and
(F) The license numbers or
vehicle numbers assigned by the licensee for all vehicles or trailers used for pumping,
transport, and disposal.
(e) Must transport septage
in a manner that will not create a public health hazard or nuisance.
(f) Must possess a current
septage management plan approved by DEQ. The plan must be kept current, with any
revisions approved by DEQ before implementation.
(g) Must comply with the
approved septage management plan and the septage management plan approval letter
issued by DEQ.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 454.615,
454.625 & 468.020
Stats. Implemented: ORS 454.615,
454.625 & 468.020
Hist.: DEQ 10-1981, f. &
ef. 3-20-81; DEQ 32-1981(Temp), f. & ef. 12-8-81; DEQ 5-1982, f. & ef. 3-9-82;
DEQ 8-1983, f. & ef. 5-25-83; DEQ 9-1984, f. & ef. 5-29-84; DEQ 15-1986,
f. & ef. 8-6-86; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 10-1996(Temp),
f. & cert. ef. 7-16-96; DEQ 12-1997, f. & cert. ef. 6-19-97; Administrative
correction 1-28-98; DEQ 16-1999, f. & cert. ef. 12-29-99; DEQ 11-2004, f. 12-22-04,
cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14
340-071-0650
Training and Certification Requirements
for System Installers and Maintenance Providers
(1) Certification required.
(a) A person who supervises
or is responsible for construction or installation of onsite systems must be a certified
installer unless the person is the permittee for construction or installation of
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.
(2) Training and certification
programs. DEQ may enter interagency agreements to provide a program to train and
certify onsite system installers, maintenance providers, and other onsite maintenance
providers as described in this rule.
(3) Initial training and
certification.
(a) Each initial training
course for certification must provide the minimum training described in this section.
One day of training equals 8 hours including a total of 30 minutes of break time
and a 1-hour lunch.
(b) Course instructors must
have academic credentials or field experience in the course discipline and experience
as instructors.
(c) Installer training.
(A) The training course for
installers must include at least 8 hours of lectures, demonstrations, hands-on training,
course review, and exam. DEQ encourages use of audiovisual materials to complement
lectures where appropriate.
(B) Installer training must
at a minimum adequately address the following topics:
(i) Working knowledge of
onsite rules.
(ii) Working understanding
of permits.
(iii) Basic math skills.
(iv) Technical drawing.
(v) Field layout of onsite
system.
(vi) Installation requirements.
(vii) Job safety practices.
(d) Maintenance provider
training.
(A) The training course for
maintenance providers must include at least 8 hours of lectures, demonstrations,
hands-on training, course review, and exam. DEQ encourages use of audiovisual materials
to complement lectures where appropriate.
(B) Maintenance provider
training must adequately address the following topics:
(i) Working knowledge of
onsite rules.
(ii) Working understanding
of permits.
(iii) Basic math skills.
(iv) Technical drawing.
(v) Onsite system processes.
(vi) System operation and
maintenance.
(vii) Job safety practices.
(4) Examinations and certification.
(a) The training provider
must administer an open book examination to persons seeking certification. A person
seeking initial certification in a discipline must complete the initial training
and pass the examination for that discipline, except that installers certified by
DEQ before December 31, 2003, are not required to take the examination.
(b) Each examination must
be approved by DEQ and include questions that adequately cover the topics in the
training course for that discipline. Applicants must answer 70 percent correctly
to pass.
(c) The training provider
must issue a certification to each person who completes the training course and
passes the required examination.
(d) Each certification must
include the following:
(A) A unique certificate
number.
(B) Full name of the person
certified.
(C) Dates of the training
course.
(D) Date of the examination.
(E) An expiration date three
years after the certification issuance date.
(F) The name, address, and
telephone number of the training provider that issued the certificate.
(G) A statement that the
person receiving the certification has completed the requisite training and examination
for the discipline certified.
(f) Certified persons must
have proof of certification at the location where they are conducting work requiring
certification.
(5) Recertification.
(a) For each discipline,
the training provider or DEQ must review and approve continuing education courses
and other training for recertification. Training approved for each discipline must
cover topics related to that discipline, including the topics addressed in section
(1) of this rule.
(b) For each discipline,
the training provider must extend recertification to each certified person who completes
18 hours of approved continuing education following his most recent certification
and to each formerly certified person who completes these requirements within six
months after his certification expires.
(6) Suspension or revocation
of certification.
(a) DEQ may suspend or revoke
the certification of any person for the following reasons:
(A) Performing work requiring
certification at a job site without physically possessing a current certification.
(B) Permitting the duplication
or use of one's own certification by another.
(C) Obtaining certification
from a person not accredited to provide the certification.
(D) Violation of requirements
in this division.
(E) Failure to pay civil
penalties assessed for violations of this division.
(b) DEQ must notify the person
whose certification is being revoked or suspended of the reasons for the action
and any conditions that must be met before the certification will be reinstated.
(c) A person may appeal a
suspension or revocation by requesting a contested case hearing in accordance with
OAR chapter 340, division 011.
(d) A person whose certification
has been revoked may not be recertified and may not apply for a new certification
for twelve months after the revocation date or under exceptional circumstances as
approved by DEQ.
Stat. Auth.: ORS 454.615, 454.625 &
468.020
Stats. Implemented: ORS 454.615,
454.625 & 468.020
Hist.: DEQ 11-2004, f. 12-22-04,
cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14

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