Or. Admin. Code § 340-041-0057

Current through Register Vol. 63, No. 12, December 1, 2024

Section 340-041-0057 - Implementation at Domestic Wastewater Treatment Works

(1) Oregon's publicly owned sewerage utilities have since 1956 developed an increasing reliance on federal sewerage works construction grant funds to meet a major portion of the cost of their sewerage works construction needs. This reliance did not appear unreasonable based on federal legislation passed up through 1978. Indeed, the Environmental Quality Commission (Commission) has routinely approved compliance schedules with deadlines contingent on federal funding. This reliance no longer appears reasonable based on recent and proposed legislative actions and appropriations and the general state of the nation's economy.

(2) The federal funds expected for future years will address a small percentage of Oregon's sewerage works construction needs. Thus, continued reliance by DEQ and public agencies on federal funding for sewerage works construction will not assure that sewage from a growing Oregon population will be adequately treated and disposed of so that health hazards and nuisance conditions are prevented, and beneficial uses of public waters are not threatened or impaired by quality degradation.

(3) Therefore, the following statements of policy are established to guide future sewerage works planning and construction:

(a) The Commission remains strongly committed to its historic program of preventing water quality problems by requiring control facilities to be provided prior to the connection of new or increased waste loads;

(b) The Commission urges each sewerage utility in Oregon to develop, as soon as practicable, a financing plan that will ensure that future sewerage works construction, operation, maintenance and replacement needs can be met in a timely manner. Such financing plans will be a prerequisite to Department issuance of permits for new or significantly modified sewerage facilities, for approval of plans for new or significantly modified sewerage facilities, or for access to funding assistance from the State pollution control bond fund. The Department may accept assurance of development of such financing plan if necessary to prevent delay in projects already planned and in the process of implementation. The Department will work with the League of Oregon Cities and others as necessary to aid in the development of financing plans;

(c) No sewerage utility should assume that it will receive grant assistance to aid in addressing its planning and construction needs;

(d) Existing sewerage facility plans that are awaiting design and construction should be updated where necessary to include:

(A) Evaluation of additional alternatives where appropriate, and re-evaluation of costs of existing alternatives;

(B) Identification and delineation of phased construction alternatives; and

(C) A financing plan which will assure ability to construct facilities over an appropriate time span with locally derived funds.

(e) New sewerage works facility planning initiated after October 1, 1981 should not be approved without adequate consideration of alternatives and phased construction options, and without a financing plan which assures adequate funding for construction, operation, maintenance and replacement of sewerage facilities:

(A) The Commission recognizes that many cities in need of immediate sewerage works construction have completed planning and are awaiting design or construction funding. These cities have developed their program relying on 75 percent federal grants. They will have difficulty developing and implementing alternatives to fund immediate construction needs. Many are, or will be, under moratoriums on new connections because existing facilities are at, or near, capacity. The Commission will consider the following interim measures as a means of assisting these cities to get on a self-supporting basis provided that an approvable long-range program is presented:

(i) Temporary increases in waste discharge loading may be approved provided a minimum of secondary treatment, or equivalent control is maintained and beneficial uses of the receiving waterway are not impaired;

(ii) Installation and operation of temporary treatment works may be approved providing:

(I) The area served is inside an approved urban growth boundary and the proposal is consistent with State Land Use Planning laws;

(II) A master sewerage plan is adopted which shows how and when the temporary facilities will be phased out;

(III) The public agency responsible for implementing the master plan is the owner and operator of the temporary facilities;

(IV) Sewerage service to the area served by the temporary facility is necessary as part of the financing program for master plan implementation and no other option for service is practicably available;

(V) An acceptable receiving stream or method of effluent disposal is available for the temporary facility.

(B) Compliance schedules and other permit requirements may be modified to incorporate an approved interim program. Compliance with a permit so modified will be required at all times.

(f) Sewerage Construction programs should be designed to eliminate raw sewage bypassing during the summer recreation season (except for a storm event greater than the ten-year, 24-hour storm) as soon as practicable. A program and timetable should be developed through negotiation with each affected source. Bypasses which occur during the remainder of the year should be eliminated in accordance with an approved longer term maintenance based correction program. More stringent schedules may be imposed as necessary to protect drinking water supplies and shellfish growing areas;

(g) Any sewerage utility that is presently in compliance and foresees a need to plan for future expansion to accommodate growth, but elects to wait for federal funds for planning and construction, will make such election with full knowledge that if existing facilities reach capacity before new facilities are completed, a new-connection moratorium will be imposed. Such moratorium will not qualify them for any special consideration, since its presence is deemed a matter of their choice;

(h) The Department will continue to assist cities to develop interim and long-range programs, use construction schedules and to secure financing for essential construction.

Or. Admin. Code § 340-041-0057

DEQ 17-2003, f. & cert. ef. 12-9-03

Stat. Auth.: ORS 468.020, 468B.030, 468B.035 & 468B.048

Stats. Implemented: ORS 468B.030, 468B.035 & 468B.048