Current through Register Vol. 63, No. 3, March 1, 2024
(1) Protection of public waters from public
health hazards. An agent may not authorize installing or using a system that is
likely to pollute public waters or create a public health hazard. If, in the
judgment of the agent, the minimum standards in this division will not
adequately protect public waters or public health on a particular site, the
agent must require a system to meet requirements that are protective. This may
include but is not limited to increasing setbacks, increasing drainfield
sizing, or using an alternative system. The agent must provide the applicant
with a written statement of the specific reasons why more stringent
requirements are necessary.
(2)
Approved treatment and dispersal required. All wastewater must be treated and
dispersed in a manner approved under these rules.
(3) Prohibited discharges of wastewater. A
person may not discharge untreated or partially treated wastewater or septic
tank effluent directly or indirectly onto the ground surface or into public
waters. Such discharge constitutes a public health hazard and is
prohibited.
(4) Prohibited
discharges to systems. A person may not discharge into any system cooling
water, air conditioning water, water softener brine, groundwater, oil,
hazardous materials, roof drainage, or other aqueous or nonaqueous substances
that are detrimental to the system's performance or to groundwater.
(5) Increased flows prohibited. Except where
specifically allowed by this division, a person may not connect a dwelling or
commercial facility to a system if the total projected sewage flow would be
greater than that allowed under the original system construction-installation
permit.
(6) System capacity. Each
system must have adequate capacity to properly treat and disperse the maximum
projected daily sewage flow. The projected quantity of sewage flow must be
determined from OAR 340-071-0220 Table 2 or other information the agent
determines to be valid.
(7)
Material standards. All materials used in onsite systems must comply with
standards in this division and OAR chapter 340, division 073.
(8) Encumbrances. Before a permit to install
a new system may be issued, the site for the new system must be approved under
OAR 340-071-0150 and be free of encumbrances, such as easements or deed
restrictions, that could prevent the installation or operation of the system
from conforming with the rules of this division.
(9) Plumbing fixtures connected. All plumbing
fixtures in dwellings, commercial facilities, and other structures from which
sewage is or may be discharged must be connected to and discharge into an
approved area-wide sewerage system or an approved onsite system that is not
failing.
(10) Future connection to
sewerage system. DEQ encourages placing plumbing in buildings to facilitate
connection to a sewerage system in areas where a district has been formed to
provide sewerage facilities.
(11)
Property lines crossed: All or part of an onsite system, including areas for
future repair or replacement, may be located on one or more lots or parcels
different from the lot or parcel on which the facility the system serves is
located. The lots and parcels may be under the same or different ownership:
(a) For each lot or parcel different from and
under different ownership than the lot or parcel served, the owner of the lot
or parcel served must ensure that a utility easement and covenant against
conflicting uses is executed and recorded in such owner's favor, on a form the
agent approves, in the county land title records. The easements and covenants
must accommodate the parts of the system, including a 10-foot setback
surrounding the areas for future repair or replacement, that lie beyond the
property line of the facility served and must allow entry by the grantee,
successor, or assigns to install, maintain, and repair the system;
(b) For each lot or parcel different from,
but under the same ownership as, the lot or parcel served, the owner of the
property must execute and record in the county land title records, on a
DEQ-approved form , an easement and a covenant in favor of the State of Oregon:
(A) Allowing the state's officers, agents,
employees, and representatives to enter and inspect, including by excavation,
that portion of the system, including setbacks, on the servient lot or parcel;
(B) Agreeing not to put that
portion of the servient lot or parcel to a conflicting use; and
(C) Agreeing, upon severance of the lots or
parcels, to grant or reserve and record a utility easement and covenant against
conflicting uses, in a form DEQ approves, in favor of the owner of the lot or
parcel served by the system under subsection (a) of this section.
(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 constructing, altering, or repairing a system or any part of one
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 DEQ-approved form:
(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 before 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 under 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 DEQ specifies 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 under the requirements of the rules in this division during the
reporting year and is operating under 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 under 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 DEQ specifies for each
year the system is in operation.
(18) Engineering plan review. Unless
specifically exempted in this division, all plans and specifications for
constructing, installing, or modifying 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 under 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 under 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 under 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 under 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
the agent's request;
(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 the agent approves 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 an agent's
past recorded observations. 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 DEQ accepts 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 referenced are available from the
agency.
Tables referenced are available from the
agency.
Statutory/Other Authority: ORS
454.625 &
468.020
Statutes/Other Implemented: ORS
454.615,
454.655,
454.695,
468B.050,
468B.055
& 468B.080