Current through Register Vol. 63, No. 3, March 1, 2024
(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