Or. Admin. Code § 340-071-0205

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

Section 340-071-0205 - Authorization to Use Existing Systems

(1) Authorization Notice required. Except as this rule specifically allows, a person may not place into service, reconnect to, change the use of, or increase the projected daily sewage flow into, an existing onsite system without first obtaining an Authorization Notice, construction-installation permit, or alteration permit as appropriate.

(2) Exceptions.

(a) An Authorization Notice is not required to replace a mobile home with a similar mobile home in a mobile home park or a recreation vehicle with another recreation vehicle in a lawful recreation vehicle park if the onsite wastewater system has adequate capacity for safely treating wastewater generated within the park.

(b) An Authorization Notice is not required to place into service a previously unused system for which a Certificate of Satisfactory Completion has been issued within five years of the date such system is placed into service if the projected daily sewage flow does not exceed the design flow and the system is in compliance with the requirements of the Certificate of Satisfactory Completion and applicable requirements in this division.

(3) A completed application for the Authorization Notice must be submitted to an agent with all required exhibits and the authorization notice fee in OAR 340-071-0140(3). The exhibits must include:

(a) A land use compatibility statement from the appropriate land use authority as required in OAR chapter 340, division 018;

(b) An accurate property development plan;

(c) An onsite system description;

(d) A lot map or equivalent plat map for the property;

(e) Documentation of any hardship claimed;

(f) All other information the agent finds necessary to complete the application.

(4) An agent may issue an Authorization Notice valid for up to one year to place into service or change the use of an existing onsite system when no increase in sewage flow is projected and the design flow is not exceeded, if:

(a) The existing system is not failing;

(b) All set-backs between the existing system and the structure can be maintained; and

(c) In the agent's opinion, the proposed use would not create a public health hazard on the ground surface or in public surface waters.

(5) An agent may issue an Authorization Notice valid for up to one year to place into service or change the use of an existing system when projected daily sewage flow would increase by not more than 300 gallons above the design capacity and not more than 50 percent of the design capacity for the system if:

(a) The existing system is not failing;

(b) All set-backs between the existing system and the structure can be maintained;

(c) A full system replacement area is available and meets all siting requirements in this division except those relating to soil conditions and groundwater; and

(d) In the agent's opinion, the proposed increase in sewage flow would not create a public health hazard or pollute water.

(6) A construction-installation permit is required to place into service or change the use of a system when projected daily sewage flows would increase by more than 300 gallons above the design capacity or by more than 50 percent of the design capacity of the system.

(7) Personal hardship.

(a) The agent may issue an Authorization Notice allowing a temporary dwelling to use an existing system serving another single family dwelling to provide housing for a person suffering hardship or for an individual providing care for such a person if:

(A) The agent receives a hardship approval issued under local planning ordinances;

(B) The system is not failing; and

(C) The agent receives evidence that local zoning and land use planning regulations allow placing a hardship temporary dwelling on the subject property.

(b) The Authorization Notice remains in effect for a specified period not to exceed 5 years, but may not exceed cessation of the hardship. The Authorization Notice may be extended for additional periods upon application under the requirements in section (3) of this rule.

(c) The agent must impose conditions in the Authorization Notice that are necessary to protect public health.

(8) Temporary placement.

(a) The agent may issue an Authorization Notice allowing a temporary dwelling to use an existing system serving another single family dwelling to provide temporary housing for a family member in need if:

(A) The agent receives evidence that the family member is in need of temporary housing;

(B) The system is not failing;

(C) A full system replacement area is available; and

(D) The agent receives evidence that local zoning and land use planning regulations allow placement of a temporary dwelling on the subject property.

(b) The Authorization Notice may authorize use for no more than two years and is not renewable. The agent must impose conditions in the Authorization Notice necessary to protect public health. If the system fails during the temporary placement and additional replacement area is no longer available, the owner must disconnect the temporary dwelling from the system.

(9) If the conditions of sections (4), (5), (6), (7), and (8) of this rule are not satisfied, the agent must either deny the Authorization Notice or withhold issuance until necessary alterations or repairs are made to the system.

(a) Alteration or repair requires a permit under OAR 340-071-0160, 340-071-0210, or 340-071-0215. The agent must credit the Authorization Notice fee submitted with the Authorization Notice application toward the permit fee.

(b) The agent may require submitting the exhibits described in OAR 340-071-0160(2) to complete the permit application and must issue or deny the permit under OAR 340-071-0160.

(10) Upon the applicant's request, DEQ will review an Authorization Notice an agent denied. The application for review must be submitted to DEQ in writing within 45 days of the Authorization Notice denial along with the denial review fee in OAR 340-071-0140(3) and other information DEQ finds necessary to complete the review. DEQ will prepare a report of the review.

Or. Admin. Code § 340-071-0205

DEQ 10-1981, f. & ef. 3-20-81; DEQ 5-1982, f. & ef. 3-9-82; DEQ 8-1983, f. & ef. 5-25-83; DEQ 9-1984, f. & ef. 5-29-84; DEQ 11-1991, f. & cert. ef. 7-3-91; DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95; DEQ 12-1997, f. & cert. ef. 6-19-97; 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

Statutes/Other Implemented: ORS 454.615 & 468B.080