Stat. Auth.:ORS454.610, 454.625, 468.020, & 468B.010 Stats. Implemented:ORS454.610, 454.615, 468B.020 & 468B.050 Hist.: Deq 15-2011, F. & Cert. Ef. 9-12-11

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_300/oar_340/340_053.html
Published: 2015

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

 

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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 53
GRAYWATER REUSE AND DISPOSAL SYSTEMS
340-053-0050
Purpose and Policy
(1) Purpose. OAR 340-053-0050 to
340-053-0110 prescribes requirements for the permitting of graywater reuse and disposal systems.
The purpose of this division is to protect public health, safety and welfare; public water supplies;
and waters of the state.
(2) Policy. It is the policy of the
Environmental Quality Commission to encourage the use of graywater for beneficial purposes not
requiring potable water because it reduces demand on drinking water sources and may conserve groundwater
and stream flows by reducing withdrawal.
Stat. Auth.: ORS 454.610, 454.625,
468.020, & 468B.010

Stats. Implemented: ORS 454.610,
454.615, 468B.020 & 468B.050

Hist.: DEQ 15-2011, f. & cert.
ef. 9-12-11
340-053-0060
Applicability
(1) This division of rules applies
to graywater reuse and disposal systems where some or all of the graywater is diverted from discharge
to a sewerage system or an onsite wastewater treatment system to beneficial purposes.
(2) This division of rules does not
apply to:
(a) The discharge of graywater to
an approved sewerage system or an onsite wastewater treatment system approved under OAR 340-071;
(b) The reuse of graywater for activities
inside a structure such as toilet and urinal flushing, commercial car washing or laundry washing
when allowed under the Oregon Specialty Plumbing Code and the resulting wastewater is discharged
to an approved sewerage system or an onsite wastewater treatment system approved under OAR 340-071;
(c) The treatment or reuse of recycled
water as defined in OAR 340-055-0010; or
(d) The treatment, disposal or reuse
of industrial waste as defined in OAR 340-045-0010 or process wastewater as defined in 340-045-0010.
Stat. Auth.: ORS 454.610, 454.625,
468.020, & 468B.010

Stats. Implemented: ORS 454.610,
454.615, 468B.020 & 468B.050

Hist.: DEQ 15-2011, f. & cert.
ef. 9-12-11
340-053-0070
Definitions
The following definitions apply
to this division of rules:
(1) "Beneficial purpose or reuse"
means graywater is utilized for a resource value, such as to provide moisture. Examples include,
but are not limited to, the irrigation of landscape vegetation, planters, greenhouses, vegetated
roofs, and living walls.
(2) "Department" means the Oregon
Department of Environmental Quality.
(3) "Evapotranspiration" means
the combined loss of water from a given area, and during a specified period of time, by evaporation
from the soil surface and by transpiration from plants.
(4) "Graywater" has the meaning given
for “gray water” in ORS 454.605.
(a) "Type 1 graywater" means graywater
that contains dissolved oxygen and may have passed through primary graywater treatment, but has
not passed through secondary graywater treatment.
(b) “Type
2 graywater” means graywater that is oxidized and has passed through secondary graywater
treatment.
(c) “Type 3 graywater” means graywater
that is oxidized and has been disinfected following secondary graywater treatment.
(5) "Graywater treatment" means
the alteration of the quality of graywater by physical, chemical, or biological means or combination
thereof to reduce the risk of failure of the graywater reuse and disposal system, degradation of
water quality or the environment, and risk to public health.
(a) “Primary graywater treatment”
means a physical process to remove a portion of the grease, floatable and settable solids from graywater.
(b) “Secondary graywater
treatment” means a chemical or biological process to remove a portion of the dissolved or
suspended biodegradable organic matter and other suspended solids.
(6) ”Graywater reuse and disposal
system” means any existing or proposed graywater collection and distribution system equipped
with a diversion device that can direct graywater between beneficial reuse and disposal.
(7) “Holding tank system”
has the meaning given in OAR 340-071-0100.
(8) “Irrigation” means
the application of water to soil, mulch or compost usually to supplement precipitation and supply
moisture for the growth of vegetation or for the production of compost.
(9) “Landscape pond”
means a constructed body of water that does not normally result in public contact through activities
such as boating, fishing or body-contact recreation. Typical landscape ponds include fish ponds,
water gardens and golf course water ponds. Landscape ponds do not include ponds designed to capture
and infiltrate stormwater.
(10) “Mulch” means
a protective covering spread or left on the ground to reduce evaporation, maintain even soil temperature,
prevent erosion, control weeds or enrich the soil.
(11) "Onsite wastewater treatment
system" has the meaning given in OAR 340-071-0100.
(12) "Owner" means any person who
alone, jointly or severally:
(a) Has legal title to the single lot,
parcel, dwelling, dwelling unit or commercial facility on which a graywater reuse and disposal
system is located;
(b) Has care, charge or control of
any real property on which a graywater reuse and disposal system is located, 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 on which a graywater reuse and disposal system is located.
(13) “Oxidized graywater”
means a treated graywater in which the organic matter is stabilized, nonputrescible, and contains
dissolved oxygen.
(14) "Person" has the meaning given
in ORS 468.005.
(15) “Sewerage system”
has the meaning given in ORS 468B.005.
(16) “Stormwater management
structure” means both public and private structural stormwater controls such as swales,
infiltration basins, Underground Injection Control (UIC) systems or similar structures intended
to infiltrate stormwater into the ground.
(17) "Subsurface irrigation" means
the slow release of water below the surface of soil, compost or mulch for the purpose of supplying
moisture.
(18) “Vegetated roof”
means a system of soil and vegetation that partially or completely covers the roof of a building
or man-made structure. Vegetated roofs are also known as living roofs, green roofs or ecoroofs.
(19) "Waters of the state" has the
meaning given in ORS 468B.005.
(20) "WPCF permit" means a Water Pollution
Control Facilities permit as defined in OAR chapter 340, division 45.
Stat. Auth.: ORS 454.610, 454.625,
468.020, & 468B.010

Stats. Implemented: ORS 454.610,
454.615, 468B.020 & 468B.050

Hist.: DEQ 15-2011, f. & cert.
ef. 9-12-11
340-053-0080
General Requirements for
Graywater Reuse and Disposal Systems
(1) Responsibility to comply with
rules. Any person owning or operating a graywater reuse and disposal system must ensure that the
graywater is used only in accordance with the rules in this division.
(2) Permit required. A person may
not construct, install or operate a graywater reuse and disposal system unless authorized by a
permit issued by the department under OAR chapter 340, division 45.
(a) A person owning a property with
a graywater reuse and disposal system must obtain a permit as specified under OAR 340-053-0100
to operate the system or must abandon the system as specified under OAR 340-053-0100.
(b) On the transfer of a property with
a graywater reuse and disposal system, the person releasing claim to the property must notify the
receiving person that a graywater reuse and disposal system is present.
(3) Beneficial purpose. A person
must only use graywater for beneficial purposes as specified for the applicable levels of treatment
described in OAR 340-053-0090.
(4) Prohibited use for human consumption.
A person may not use graywater for drinking, personal hygiene bathing, showering, cooking, dishwashing
or maintaining oral hygiene regardless of the level of treatment, unless approved in writing by
the department and with written approval from the Oregon Health Authority.
(5) Connection to a wastewater disposal
system. Unless authorized by the department in a permit issued under OAR 340-053-0110(2) or 340-071-0162,
a person may not construct, install or operate a graywater reuse and disposal system unless the
system is connected to an approved sewerage system or a functioning onsite wastewater treatment
system approved under OAR 340-071.
(6) Surface and stormwater discharges
prohibited. A person may not allow graywater to discharge to surface waters of the state, a municipal
separate storm sewer system (MS4), an industrial stormwater system or a stormwater management
structure.
(7) Groundwater protection. The
department will not authorize a graywater reuse and disposal system for use unless the groundwater
quality protection requirements in OAR chapter 340, division 40 are met. The requirements in OAR
chapter 340, division 40 are presumed to be met if the graywater is applied in a manner and at a rate
that minimizes the movement of contaminants to groundwater and does not adversely impact groundwater
quality. If the use of graywater occurs in a designated groundwater management area declared under
ORS 468B.180, a wellhead protection area established under OAR 340-040-0140 through 340-040-0210,
or a geographic region identified in an area wide aquifer management plan established by OAR 340-040-0070,
the department may require additional conditions to be met.
(8) Graywater limitations. A person
must divert the following wastewaters to an approved sewerage system, a functioning onsite wastewater
treatment system or holding tank system approved under OAR 340-071:
(a) Wastewater originating from
kitchen sinks that has not passed through primary graywater treatment;
(b) Wastewater from dishwashers
or garbage disposals or both;
(c) Wastewater resulting from the
washing of soiled diapers or other similarly infectious or soiled materials; and
(d) Wastewater containing residual
waste from activities such as, but not limited to, cleaning of oily rags; rinsing of paint brushes;
disposal of pesticides, herbicides, or other chemicals; or disposal of waste solutions from hobbyist
activities like home photo labs.
(9) Waste strength limitations.
A person may not divert graywater from an onsite wastewater treatment system if the resulting septic
tank effluent concentration exceeds the criteria for residential strength wastewater as defined
in OAR 340-071-0100. If the resulting septic tank effluent concentration does exceed the criteria for residential strength wastewater, the owner or operator of the graywater reuse and disposal
system must take appropriate measures to reduce the septic tank effluent waste strength, such
as but not limited to reducing the amount of graywater diverted from the onsite wastewater treatment
system.
(10) Graywater reuse and disposal system design
flow. A person must design a graywater reuse and disposal system to treat, store or use the volume
of graywater needed for the intended beneficial purpose or purposes. Graywater in excess of the
design flow must be diverted to an approved sewerage system, or a functioning onsite wastewater
treatment system or holding tank system approved under OAR 340-071. The department will use the
design flows in Table 1 to determine the appropriate graywater reuse and disposal system permit
and may require a person to use the graywater flow volumes in Table 1 in the design of a graywater reuse
and disposal system.
(11) System design plan. The owner
or operator of a graywater reuse and disposal system must have and maintain a written system design
plan and must transfer it to the new owner or operator on property transfer.
(a) The system design plan must include,
but is not limited to, the following information:
(A) Location of the system;
(B) Fixtures that are the source of
graywater;
(C) Design flow of the graywater reuse
and disposal system;
(D) Design of the distribution and
reuse system;
(E) Description of any graywater
treatment system used;
(F) Beneficial purposes; and
(G) Name and contact information
for the person responsible for the design of the system.
(b) For graywater reuse and disposal
systems producing greater than 300 gallons per day for irrigation, the system design plan must
include the irrigation design, including but not limited to, pipe and valve sizes, discharge areas
and rates.
(12) Operation and maintenance.
The owner or operator of a graywater reuse and disposal system must operate and maintain the system
in compliance with all permit conditions and applicable requirements of this division.
(13) Operation and maintenance manual.
(a) The owner or operator of a graywater
reuse and disposal system must maintain a written operation and maintenance manual that includes,
but is not limited to, the following:
(A) A detailed description of the
graywater system, including any graywater treatment;
(B) A detailed description of any
activities required to operate and maintain the system;
(C) If monitoring is required by the
rules of this division, graywater monitoring procedures; and
(D) If required by the rules of this
division, a description of how the public and personnel at the use area will be notified of graywater
use.
(b) On the transfer of a property with
a graywater reuse and disposal system, the person releasing claim to the property must ensure the
operation and maintenance manual remains with the system.
(14) Reporting. When required by
permit or the rules of this division, the owner or operator of a graywater reuse and disposal system
must submit an annual report to the department with a certification statement that during the previous
year, the system was operated in compliance with the rules of this division and the permit limits
and conditions for graywater reuse. At minimum, the report must also include a description of the
operation and maintenance of the system, including any required monitoring results.
(a) The annual report must be received
by the department by the date specified in the permit.
(b) If the department does not receive
an annual report by the date specified in the permit, the owner or operator of a graywater reuse and
disposal system must pay a penalty fee equal to the annual fee specified in OAR 340-045-0070.
(15) Graywater irrigation site evaluation.
A person must evaluate and ensure that a graywater irrigation site meets the irrigation site selection
and management requirements specified in OAR 340-053-0090. When required by the rules of this
division, a person must submit to the department for review and approval a site evaluation report
including, but not limited to, the following site information:
(a) A diagram of the property receiving
graywater showing:
(A) Area and slope of the graywater
reuse area;
(B) Surface streams, springs or other
bodies of water;
(C) Onsite wastewater treatment
systems;
(D) Stormwater management structures
or stormwater collection systems;
(E) Existing and proposed wells;
(F) Escarpments, cuts and fills;
and
(G) Any unstable landforms;
(b) Parcel size;
(c) Soil profile descriptions, including
water infiltration rates;
(d) Water table levels;
(e) Description of vegetation in
the reuse area;
(f) Evapotranspiration rates for
the vegetation during the period of use; and
(g) Any other observations or information
relevant to the evaluation of the graywater irrigation site, including offsite features, as appropriate.
(16) Property lines crossed. A person
may reuse graywater only on the property on which it was generated, unless all of the following conditions
are met:
(a) Both the person generating graywater
and the person reusing graywater agree to reuse graywater in accordance with the rules in this division.
(b) A written agreement exists and
is being honored between the person generating graywater and the person who owns the property where
graywater reuse occurs.
(c) The state’s officers,
agents, employees and representatives are allowed access to enter and inspect all portions of
the graywater reuse and disposal system, regardless of location.
(17) Land use evaluation. A person
is not required to obtain a land use compatibility statement (LUCS) signed by the local planning
agency for a graywater reuse and disposal system producing less than 1,200 gallons per day if the
system is connected to an approved sewerage system or an onsite wastewater treatment system approved
under OAR 340-071.
(18) Additional permit limitations
and conditions. The department may include additional permit limitations or conditions to protect
public health or the environment.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 454.610, 454.625,
468.020, & 468B.010

Stats. Implemented: ORS 454.610,
454.615, 468B.020 & 468B.050

Hist.: DEQ 15-2011, f. & cert.
ef. 9-12-11
340-053-0090
Graywater Quality and Standards
for Reuse
(1) All graywater. Unless otherwise
approved by the department in writing, the following requirements apply to all types of graywater:
(a) Beneficial purposes.
(A) A person may use graywater only
for the beneficial purposes described in this rule and must divert graywater not suitable for reuse
or graywater exceeding the volume required for a beneficial purpose to an approved sewerage system,
or a functioning onsite wastewater treatment system or holding tank system approved under OAR
340-071.
(B) A person may request an alternative
beneficial purpose not specified in this rule and must demonstrate to the department’s
satisfaction that public health and the environment would be adequately protected. The department,
in a permit issued under OAR 340-053-0110(2), will include limitations or conditions or both necessary
to protect public health and the environment.
(b) Treatment. All graywater originating
from kitchen sinks must pass through primary graywater treatment.
(c) Setback distances.
(A) Except as otherwise allowed under
this rule, a person may not operate a graywater reuse and disposal system unless it is designed and installed to meet the minimum horizontal separation distances in Table 2.
(B) On a case-by-case basis, the department may
consider and approve in a permit issued under OAR 340-053-0110(2) a setback distance other than
what is required in this rule. A person requesting a reduced setback distance must demonstrate
to the department’s satisfaction that public health and the environment would be adequately
protected.
(d) Access and exposure. The owner
or operator of a graywater reuse and disposal system must take all reasonable steps to ensure that
contact with graywater by humans and domestic pets is avoided.
(e) Irrigation site selection and
management. The owner or operator of a graywater reuse and disposal system may not use graywater
for irrigation unless the following requirements are satisfied:
(A) Irrigation sites must be located
on stable geologic formations that are not subject to flooding or excessive runoff from adjacent
land at the time of irrigation.
(B) Graywater must not be applied
to areas with slopes exceeding 45 percent.
(C) Graywater must not be discharged
to frozen or saturated soils.
(D) At the time of irrigation, the
minimum separation distance between the point of graywater discharge and the groundwater must
be at least four feet.
(E) Irrigation may occur only when
evapotranspiration rates exceed natural precipitation.
(F) The soil and vegetation in the
irrigation area must have capacity to accommodate the volume and rate of graywater applied so that
discharge to surface water or groundwater does not occur.
(2) Type 1 graywater. In addition
to the requirements in section 1 of this rule, the following requirements apply to the use of Type
1 graywater:
(a) Beneficial purposes. A person
may use Type 1 graywater only for the following beneficial purposes and only if the rules of this
division are met:
(A) Subsurface irrigation of gardens,
lawns and landscape plants;
(B) Subsurface irrigation of food
crops, except root crops or crops that have edible portions that contact graywater;
(C) Subsurface irrigation of vegetated
roofs that do not drain to stormwater management structures; and
(D) Subsurface irrigation of compost.
(b) Treatment. Type 1 graywater is
presumed to contain dissolved oxygen if it has been stored 24 hours or less and does not have an objectionable
odor.
(c) Access and exposure. A person
may not use Type 1 graywater for subsurface irrigation unless the point of graywater discharge
is covered by at least two inches of soil, mulch, compost or other suitable material.
(d) Site management. A person may
use Type 1 graywater only if the following site management requirements are met:
(A) Type 1 graywater must not be stored
for more than 24 hours.
(B) When irrigating a parcel for the
production of a food crop, the edible portion of the crop must not contact the graywater, and fruit
or nuts must not be harvested off the ground for human consumption.
(C) Graywater must not surface, pond
or runoff.
(3) Type 2 graywater. In addition
to the requirements listed in section 1 of this rule, the following requirements apply to the use
of Type 2 graywater:
(a) Beneficial purposes. A person
may use Type 2 graywater only for the following beneficial purposes and only if the rules of this
division are met:
(A) Any beneficial purpose defined
in subsection (2)(a) of this rule;
(B) Landscape ponds not intended
for human contact; and
(C) Surface drip irrigation of gardens,
lawns, living walls, greenhouses and landscape plants.
(b) Treatment. Type 2 graywater must
meet the following secondary graywater treatment criteria:
(A) A five-day biochemical oxygen
demand concentration of 10 mg/L or less and
(B) A total suspended solids concentration
of 10 mg/L or less.
(c) Monitoring. The owner or operator
of a graywater reuse and disposal system must monitor Type 2 graywater as follows:
(A) Analysis of graywater quality
must be made on a sample collected at a time and from a location representative of the quality of graywater
produced. Monitoring for five-day biochemical oxygen demand and total suspended solids must
occur at the following frequencies:
(i) A system producing 300 gallons
per day or less must be sampled at least one time per calendar year.
(ii) A system producing greater than
300 gallons per day must be sampled at least two times per calendar year.
(B) The department may reduce monitoring
requirements for a technology-based graywater treatment system that satisfies the requirement
of OAR 340-053-0100(2)(a) and is used as specified by the manufacturer.
(d) Access and exposure. A person
may not use Type 2 graywater unless the public is restricted from direct contact with the graywater.
(e) Site management practices. A
person may not use Type 2 graywater unless the following site management requirements are met:
(A) When irrigating a parcel for the
production of a food crop, the edible portion of the crop must not contact the graywater, and fruit
or nuts must not be harvested off the ground for human consumption.
(B) When using graywater on a parcel
for a surface irrigation or a landscape pond, signs must be posted at the use area and be visible to
the public. The signs must state graywater is used and is not safe for drinking.
(C) Unless authorized by the department
in a permit issued under OAR 340-053-0110(2), when using graywater for a landscape pond, the pond
must not combine or effect a junction with underground waters.
(4) Type 3 graywater. In addition
to the requirements listed in section 1 of this rule, the following requirements apply to the use
of Type 3 graywater:
(a) Beneficial purposes. A person
may use Type 3 graywater for the following beneficial purposes and only if the rules of this division
are met:
(A) Any beneficial purpose defined
in subsection (3)(a) of this rule;
(B) Sprinkler irrigation of gardens,
lawns, living walls, greenhouses and landscape plants;
(C) Wash water for mechanical cleaning
of equipment, cars, sidewalks and streets;
(D) Industrial, commercial or constructions
uses limited to industrial cooling, rock crushing, aggregate washing, mixing concrete and dust
control; and
(E) Stand-alone fire suppressions
system in commercial and residential buildings, toilet or urinal flushing, or floor drain trap
priming.
(b) Treatment. Type 3 graywater must
meet the following criteria:
(A) Secondary Treatment. Prior to
disinfection, graywater must meet the secondary treatment criteria in subsection (3)(b) of this
rule.
(B) Disinfection. After disinfection,
graywater must not exceed a median of 2.2 total coliform organisms per 100 milliliters, based on
results of the last seven days that analyses have been completed, and 23 total coliform organisms
per 100 milliliters in any single sample.
(c) Monitoring. The owner or operator
of a graywater reuse and disposal system must monitor Type 3 graywater as follows:
(A) Graywater analyses must be performed on a representative sample collected at a time and from
a location representative of the quality of graywater produced.
(B) Monitoring for secondary treatment criteria
must occur, at a minimum, at the frequency prescribed in subsection (3)(c) of this rule.
(C) Monitoring of a graywater disinfection
system for total coliform organisms must occur three times per week at a minimum.
(d) Setback distances. In addition
to the setback distance requirements listed in subsection (1)(c) of this rule, a person may use
Type 3 graywater for sprinkler irrigation only if the following setback distances are followed:
(A) There must be a minimum of 10 feet
from the edge of the site used for irrigation and the site property line.
(B) Graywater must not be sprayed
within 10 feet of an area where food is being prepared or served, or where a drinking fountain is located.
(e) Access and exposure. A person
may use Type 3 graywater only if the following access and exposure requirements are met:
(A) During irrigation of a public
landscape, the public must be restricted from direct contact with the graywater.
(B) If aerosols are generated when
using graywater for an industrial, commercial or construction purpose, the aerosols must not
create a public health hazard.
(C) When using graywater for an agricultural
or horticultural purpose where sprinkler irrigation is used, or an industrial, commercial or
construction purpose, the public and personnel at the use area must be notified that the water used
is graywater and is not safe for drinking. The operations and maintenance plan must specify how
notification will be provided.
(f) Site management practices. A
person may use Type 3 graywater only if the following requirements are met:
(A) Irrigation of processed food
crops where the edible portion of the plant is in contact with graywater is prohibited for three
days before harvesting.
(B) When using graywater for a landscape
impoundment or for irrigating a public-accessible area such as, but not limited to, a golf course,
park, cemetery, highway median, or industrial or business campus, signs must be posted at the use
area and be visible to the public. The signs must state graywater is used and is not safe for drinking.
(C) Unless authorized by the department
in a permit issued under OAR 340-053-0110(2), when using graywater for a landscape pond, the pond
must not combine or effect a junction with underground waters.
(D) Aerator or decorative fixtures
that may generate aerosols from graywater are allowed only if authorized in writing by the department.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 454.610, 454.625,
468.020, & 468B.010

Stats. Implemented: ORS 454.610,
454.615, 468B.020 & 468B.050

Hist.: DEQ 15-2011, f. & cert.
ef. 9-12-11
340-053-0100
Graywater Reuse and Disposal
System Design and Construction Standards
(1) Graywater collection system.
A person may not install a graywater collection system unless it complies with the following requirements:
(a) All pipes, valves and other plumbing
appurtenances of the graywater collection system must comply with the requirements of the Oregon
Plumbing Specialty Code.
(b) Unless otherwise approved in
writing by the department, a warning sign must be must be visible at each fixture from which graywater
is diverted in a nonresidential building. The signs must notify the employees and public that water
from the fixture is reused and that chemicals, petroleum oils and hazardous materials must not
be disposed down the drain.
(2) Treatment system. In order to
meet the rules of this division for Type 2 and Type 3 graywater, a person may install a graywater treatment
system that meets one of the following requirements:
(a) A technology-based graywater
treatment system that bears the appropriate graywater product standard seal of approval from
the American National Standards Institute (ANSI), the International Association of Plumbing
and Mechanical Officials (IAPMO), the Canadian Standards Association (CSA), or any other standard
setting body recognized by both the department and the Oregon Department of Business Services,
Building Codes Division, to establish graywater product standard requirements.
(b) A performance-based treatment
system capable of meeting the treatment requirements in OAR 340-053-0090(3)(b) or 340-053-0090(4)(b).
(3) Diversion valve. A person may
not install a graywater reuse and disposal system unless the system has a graywater diversion valve
that allows graywater flow to be directed between beneficial reuse and either an approved sewerage
system, or a functioning onsite wastewater treatment system or holding tank system approved under
OAR 340-071. The graywater diversion valve must be readily accessible and clearly labelled. The
diversion valve must be constructed of material that is durable, corrosion resistant, watertight
and designed to accommodate the inlet and outlet pipes in a secure and watertight manner.
(4) Cross connection control. A person
may not install a direct-connection between a potable water supply system and graywater reuse
and disposal system. The department may authorize in writing the discharge of potable water to
a graywater reuse and disposal system that uses an air gap separation or other back flow prevention
device allowed under Oregon Plumbing Specialty Code and has been permitted by the community water
system having jurisdiction.
(5) Storage and surge tanks. A person
may install a graywater reuse and disposal system storage or surge tank only if it is:
(a) Sized to accommodate peak graywater
flow;
(b) Fitted with controls to limit
access to humans, domestic pets and vectors;
(c) Installed below ground on level,
well-compacted soil, or above ground on a level, stable footing, per the manufacturer’s
installation instructions;
(d) Equipped with an antibuoyancy
device, if installed below ground where high groundwater could dislodge the tank;
(e) Designed to prevent overturning,
if installed above ground;
(f) Labelled with “Caution
— Nonpotable Water — Not Safe to Drink” to identify it as containing nonpotable
water; and
(g) Fitted with an overflow drain
with a diameter at least equal to that of the inlet that flows by gravity to an approved sewerage system,
or a functioning onsite wastewater treatment system or holding tank system approved under OAR
340-071. The overflow drain must not be equipped with a shutoff valve.
(6) Distribution system. A person
may not install a graywater reuse and disposal system unless the distribution system, excluding
irrigation components, satisfies the following requirements:
(a) All piping and other plumbing
components must be listed by an ANSI accredited product listing program.
(b) System components must be properly
identified as to the manufacturer.
(c) Installation must conform to
the equipment and installation methods identified by the manufacturer and product listing.
(d) All exterior graywater piping,
valves and other graywater equipment must be marked or labelled to identify it as containing nonpotable
water. All exterior piping and tanks must be labelled: “Caution — Nonpotable Water
— Not Safe to Drink.”
(7) Irrigation system. A person installing
a graywater irrigation system must ensure the irrigation components are marked or labeled as containing
nonpotable water and meet the irrigation specifications in the system design plan.
(8) Graywater reuse and disposal
system abandonment. A person abandoning a graywater reuse and disposal system must remove the
graywater diversion valve and direct all graywater flow to an approved sewerage system or an onsite
wastewater treatment system approved under OAR 340-071.
Stat. Auth.: ORS 454.610, 454.625,
468.020, & 468B.010

Stats. Implemented: ORS 454.610,
454.615, 468B.020 & 468B.050

Hist.: DEQ 15-2011, f. & cert.
ef. 9-12-11
340-053-0110
Permit Requirements for
Graywater Reuse and Disposal Systems
(1) Graywater reuse and disposal
system WPCF general permits. Under OAR 340-045-0033, the department may issue general permits
for certain categories of minor discharge sources or minor activities where individual WPCF permits
are not necessary to adequately protect public health or the environment. The department will
use the following categories when issuing a graywater reuse and disposal system WPCF general permit:
(a) Tier 1 graywater reuse and disposal
system WPCF general permit.
(A) A graywater reuse and disposal
system meeting the following criteria is eligible for coverage under a Tier 1 graywater reuse and
disposal system WPCF general permit unless a specific geographic area graywater reuse and disposal
system WPCF general permit is required:
(i) Total graywater flow must not
exceed 300 gallons per day;
(ii) Graywater must only originate
from a single family residence or residential duplex; and
(iii) The system produces Type 1 graywater
used only for subsurface irrigation.
(B) A person requesting coverage
under a Tier 1 graywater reuse and disposal system general permit must apply for permit coverage
as directed by the general permit and pay fees as specified in OAR 340-045-0070.
(C) Except in years when the Tier 1
graywater reuse and disposal system WPCF general permit is renewed, the department will waive
or reduce the annual fee specified in OAR 340-045-0070 if an annual report for the previous year
meeting the requirements of OAR 340-053-0080(14) is submitted timely to the department on a department-approved
form.
(b) Tier 2 graywater reuse and disposal
system WPCF general permit.
(A) A graywater reuse and disposal
system meeting the following criteria is eligible for coverage under a Tier 2 graywater reuse and
disposal system WPCF general permit unless a specific geographic area graywater reuse and disposal
system WPCF general permit is required:
(i) Total graywater flow must not
exceed 1,200 gallons per day;
(ii) Graywater originates from any
residential, commercial or institutional structure; and
(iii) The system only produces Type
1 or Type 2 graywater.
(B) A person requesting coverage
under a Tier 2 graywater reuse and disposal system WPCF general permit must apply for permit coverage
as directed by the general permit and pay fees as specified in OAR 340-045-0070. In addition, the
following information is required:
(i) A system design plan meeting the
requirements of OAR 340-053-0080(11);
(ii) An operations and maintenance
manual meeting the requirements of OAR 340-053-0080(13);
(iii) A site evaluation report meeting
the requirements of OAR 340-053-0080(15);
(iv) For a system using performance-based
treatment, treatment system plans and specifications showing how the system will meet the requirements
in OAR 340-053-0090(3)(b);
(v) For a system diverting graywater
from an onsite wastewater treatment system approved under OAR 340-071, plans and specifications
certified and signed by a professional engineer registered in accordance with ORS 672 or a wastewater
specialist registered in accordance with ORS 700 to not result in a septic tank effluent concentration
exceeding the criteria for residential strength wastewater; and
(vi) Any other information requested
by the department as necessary to evaluate the permit application.
(C) The owner or operator of a graywater
reuse and disposal system covered under a Tier 2 permit must submit to the department an annual report
meeting the requirements of OAR 340-053-0080(14) on a form approved by the department as specified
in the permit.
(c) Specific geographic area graywater
reuse and disposal system WPCF general permit.
(A) When necessary to protect public
health or the environment, the department may issue a graywater reuse and disposal system WPCF
general permit that covers a specific geographic area.
(B) A person required to be covered
under a graywater reuse and disposal system WPCF general permit for a specific geographic area
must apply for permit coverage as directed by the geographic area graywater reuse and disposal
system WPCF general permit.
(C) Except in years when the specific
geographic graywater reuse and disposal system WPCF general permit is renewed, the department
may waive or reduce the annual fee specified in OAR 340-045-0070 if an annual report for the previous
year meeting the requirements of OAR 340-053-0080(14) is submitted timely to the department on
a department-approved form.
(2) Graywater reuse and disposal
system WPCF individual permit (Tier 3 graywater reuse and disposal system WPCF individual permit).
(a) Any person seeking to obtain a
permit for a graywater reuse and disposal system that is not covered by a graywater reuse and disposal
system WPCF general permit or any person not wishing to be covered by a general permit may apply for
a graywater reuse and disposal system WPCF individual permit issued under OAR 340-045-0037.
(b) To apply for a Tier 3 graywater
reuse and disposal system WPCF individual permit or modify an existing individual permit, a person
must submit the following information:
(A) An application on a form approved
by the department;
(B) WPCF permit fees specified in
Table 9D of OAR 340-071-0140, including the annual compliance determination fee for “Other
systems with design capacities less than 20,000 gpd” or “Other systems with design
capacities greater than 20,000 gpd”;
(C) A system design plan meeting the
requirements of OAR 340-053-0080(11);
(D) An operations and maintenance
manual meeting the requirements of OAR 340-053-0080(13);
(E) A copy of a site evaluation report
meeting the requirements of OAR 340-053-0080(15);
(F) For any system producing Type
2 or Type 3 graywater, treatment system plans and specifications showing how the system will meet
the requirements in OAR 340-053-0090(3)(b) for Type 2 graywater or OAR 340-053-0090(4)(b) for
Type 3 graywater. For any system producing greater than 1,200 gallons per day, the plans and specifications
must be signed by a professional engineer registered in accordance with ORS 672 or a wastewater
specialist registered in accordance with ORS 700 and reviewed and approved in accordance with
OAR chapter 340, division 52;
(G) For a system diverting graywater
from an onsite wastewater treatment system approved under OAR 340-071, plans and specifications
certified and signed by a professional engineer registered in accordance with ORS 672 or a wastewater
specialist registered in accordance with ORS 700 to not result in a septic tank effluent concentration
exceeding the criteria for residential strength wastewater as defined in OAR 340-071-0100; and
(H) Any other information requested
by the department as necessary to complete the permit application.
(c) Where allowed by the rules of this
division, the applicant for a Tier 3 graywater reuse and disposal system WPCF individual permit
may request permit conditions different from those described in this division. The request must
describe how those alternate conditions will protect public health and the environment.
(d) The department will review the
information listed in subsection (3)(b) of this rule and determine permit conditions necessary
to protect public health and the environment. At a minimum, permit conditions will include:
(A) The monitoring requirements
in OAR 340-053-0090; and
(B) A requirement that the graywater system
owner must submit an annual report to the department describing the effectiveness of the system
to comply with the operations and maintenance plan, the permit limits and conditions, and the rules
of this division.
(3) Program agent. The department may enter an
agreement with a local government authorizing that local government to become the department's
agent for permitting graywater reuse and disposal systems, including receiving and processing
applications, issuing permits, enforcing and performing required inspections. The department
retains responsibility to develop specific geographic area graywater reuse and disposal system
WPCF general permits and graywater reuse and disposal system WPCF individual permits.
(a) A program agent must:
(A) Agree to implement and operate
a program consistent with the rules of this division;
(B) Specify their geographic area
of responsibility;
(C) Submit to the department for approval
a graywater program implementation plan that describes how their graywater program will meet
the rules of this division;
(D) Adopt and submit to the department
a fee schedule for services rendered and permits issued;
(E) Agree to forward the proceeds
of a mutually established surcharge fee to the department to offset program administration and
oversight costs;
(F) When appropriate for the geography,
climate or other environmental considerations of a specific geographic area, request the department
develop one or more geographic permits authorizing graywater discharges in the area of authorization;
(G) Provide permit applicants with
information on how to apply for a permit;
(H) Review permit applications for
completeness and accuracy;
(I) Approve or deny coverage under
a graywater reuse and disposal system permit based on information submitted by the applicant;
(J) Review and maintain any monitoring
data or annual reports or both;
(K) Maintain all records in accordance
with the State Record Retention Schedule;
(L) Provide the department an annual
update with information on the number of applications for coverage under a permit as well as the
location of any systems with new, renewed, expired or revoked coverage; and
(M) Respond to any complaints associated
with graywater discharges in their jurisdiction.
(b) The department may:
(A) Provide the agent with any necessary
graywater forms or application materials;
(B) Assist the agent in reviewing
applications when requested;
(C) Coordinate with the agent on renewing
permit registrant coverage under newly issued general permits;
(D) Evaluate and respond to any request
for a specific geographic area graywater reuse and disposal system WPCF general permit or deny
the request with appropriate justification;
(E) Provide assistance, training
and program guidance to the agent that ensures the program is being implemented consistently;
and
(F) Provide assistance to the agent
with complaint response, system inspections, and enforcement.
(c) The department and the agent must
meet at least once annually to exchange information regarding permit administration, implementation,
technical issues, training and program guidance.
Stat. Auth.: ORS 454.610, 454.625,
468.020, & 468B.010

Stats. Implemented: ORS 454.610,
454.615, 468B.020 & 468B.050

Hist.: DEQ 15-2011, f. & cert.
ef. 9-12-11


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