Current through Register Vol. 63, No. 3, March 1, 2024
(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 under
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 DEQ
approves.
(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 under
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 DEQ approves who certifies whether the
installation, monitoring, and evaluation of the systems studied and reports
submitted to DEQ satisfy this rule's requirements.
(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 under
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 under 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 conform with applicable size 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) Bed excavation must conform
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 conform with size requirements in 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. [NOTE: All tables are found in OAR 340-071-0800.] 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 measuring and recording 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.
All tables are found in OAR
340-071-0800.
Statutory/Other Authority: ORS
454.625 &
468.020
Statutes/Other Implemented: ORS
454.607,
454.615,
454.784,
468.035,
468.045,
468.065
& 468B.050