Or. Admin. Code § 340-071-0162

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-071-0162 - Permit Application Procedures - WPCF Permits

(1) Procedures in this rule are for applications for WPCF permits for onsite systems.

(2) Any person may request a new, modified, or renewal WPCF permit by submitting an application on forms DEQ provides with the specified number of copies of all required exhibits. The name of the applicant and permittee must be the legal name of the owner of the facilities the system serves or the lessee responsible for the operation and maintenance. Applications must be submitted at least 60 days before a permit is needed. Required exhibits include but are not limited to the following:

(a) A land use compatibility statement from the local land use planning agency indicating that the site is approved for the activity for which the applicant is applying. If the activity is approved only upon conditions in a conditional use permit, a copy of the conditional use permit must be provided;

(b) A copy of a site evaluation report approving the site for the type and quantity of wastes to be disposed;

(c) Evidence that the permit processing fees and the first year's annual compliance determination fee in OAR 340-071-0140(4) have been paid to DEQ or agent, as directed; and

(d) A site diagram meeting the requirements of OAR 340-071-0160(2)(c).

(3) DEQ will not accept applications for filing that are obviously incomplete, improperly signed, or lacking required exhibits clearly identified. DEQ will return these applications for completion. DEQ will consider applications that are correctly signed and appear administratively complete timely upon receipt. A request for further information under section (4) of this rule will not affect the timeliness of an application.

(4) Within 45 days after receiving an application, DEQ will preliminarily review the application to determine the adequacy of the information submitted. Failure to complete this review within 45 days does not preclude DEQ from later requesting additional information from the applicant as provided in this section.

(a) DEQ will request in writing from the applicant any additional information needed to review the application. DEQ will consider the application withdrawn if the applicant fails to submit the requested information within 90 days of the request.

(b) If DEQ determines that additional measures are necessary to gather facts regarding the application, DEQ will notify the applicant of measures to be instituted and the timetable and procedures to be followed. DEQ will consider the application withdrawn if the applicant fails to comply with the additional measures.

(5) Draft permit review. Before issuing a permit, DEQ will send a draft permit to the applicant for review. The applicant will have up to 14 calendar days to comment on the draft permit.

(6) Public participation. DEQ will provide for public participation under the requirements for WPCF permits in OAR chapter 340, division 045.

(7) Final DEQ action. DEQ must take final action on the permit application within 45 days of the close of the public comment period if a comment period is required. DEQ will consider all timely comments and other information obtained pertinent to the permit action. DEQ will notify the applicant of the action taken.

(8) Applicant's appeal rights. DEQ's final action is effective 20 days from the date DEQ serves notice to the applicant of DEQ's final action unless the applicant requests a hearing before the effective date. The request for a hearing must be in writing and state the grounds for the request. DEQ will conduct any hearing as a contested case hearing under ORS 183.413 through 183.470 and OAR chapter 340, division 011.

(9) Permit term. The term of a permit issued under this rule may not exceed ten years. The expiration date will be recorded on each permit issued.

(10) For systems that are proposed to be or are operating under a WPCF permit, a person may not construct, alter, or repair the system, or any part thereof, unless that person is licensed under ORS 454.695 or is the permittee.

(11) A person may not connect to or use any system authorized by a WPCF permit unless the system has been inspected and certified under OAR chapter 340, division 052 and DEQ has accepted that certification.

(12) Renewal of a permit. The procedures for issuing a new WPCF permit apply to renewing a permit. A permit may be renewed if the applicant files a completed permit renewal application, on forms DEQ provides, with DEQ at least sixty days before the permit expires. The permit will not expire until DEQ takes final action on a timely renewal application.

(13) DEQ may terminate, revoke, modify, or transfer a permit under the rules in OAR chapter 340, division 045 applicable to WPCF permits.

(14) Rules that do not apply to WPCF applicants or permittees:

(a) Because the permit review, issuance, and appeal procedures for WPCF permits are different from those of other onsite permits in these rules, the following rules do not apply to WPCF applicants or permittees: OAR 340-071-0135; 340-071-0155; 340-071-0160(1), (2)(a), (b), and (d), (3), (5) and (6); 340-071-0165(1); 340-071-0170; 340-071-0175; 340-071-0185; 340-071-0200; 340-071-0205; 340-071-0210; 340-071-0215(1), (2), (3), and (5); 340-071-0275(4)(c)(A); 340-071-0290(7); 340-071-0295(1); 340-071-0302(6); 340-071-0330; 340-071-0345(1)-(7) and (9) -(14); 340-071-0360(2)(b)(B); 340-071-0410; 340-071-0415; 340-071-0420; 340-071-0425; 340-071-0430; 340-071-0435; 340-071-0440; 340-071-0445; and 340-071-0500.

(b) WPCF permit applicants and permittees are not subject to any WPCF permit-related fees other than those specified in OAR 340-071-0140.

(c) The following rules in OAR chapter 340, division 073 do not apply to WPCF applicants or permittees: OAR 340-073-0030(1); 340-073-0065; 340-073-0070; and 340-073-0075.

Or. Admin. Code § 340-071-0162

DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 12-1997, f. & cert. ef. 6-19-97; DEQ 16-1999, f. & cert. ef. 12-29-99; DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 2-2002, f. & cert. ef. 2-12-02; DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05; DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14; DEQ 15-2017, amend filed 10/31/2017, effective 11/1/2017

Statutory/Other Authority: ORS 454.625, 468.020 & 468.065(2)

Statutes/Other Implemented: ORS 468.065, 468.070, 468B.050 & 468B.055