OAR 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 (Onsite System Fees)(4) have been paid to DEQ or agent, as directed; and
(d) A site diagram meeting the requirements of OAR 340-071-0160 (Permit Application Procedures — Construction, Installation, Alteration, and Repair Permits)(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 DEQ will consider the application withdrawn if the applicant fails to submit the requested information within 90 days of the request.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 (Notice to parties before hearing of rights and procedure) through 183.470 (Orders in contested cases) 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 (License required to perform sewage disposal services) 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 (Approval of New or Innovative Technologies, Materials, or Designs for Onsite Systems); 340-071-0155 (Existing System Evaluation Report); 340-071-0160 (Permit Application Procedures — Construction, Installation, Alteration, and Repair Permits)(1), (2)(a), (b), and (d), (3), (5) and (6); 340-071-0165 (Permit Denial Review — Construction-Installation, Repair, Alteration Permits)(1); 340-071-0170 (Pre-Cover Inspections); 340-071-0175 (Certificate of Satisfactory Completion); 340-071-0185 (Decommissioning of Systems); 340-071-0200 (Prior Construction Permits or Approvals); 340-071-0205 (Authorization to Use Existing Systems); 340-071-0210 (Alteration of Existing Onsite Wastewater Treatment Systems); 340-071-0215 (Repair of Existing Systems)(1), (2), (3), and (5); 340-071-0275 (Pressurized Distribution Systems)(4)(c)(A); 340-071-0290 (Conventional Sand Filter Systems)(7); 340-071-0295 (Conventional Sand Filter Design and Construction)(1); 340-071-0302 (Recirculating Gravel Filter (RGF))(6); 340-071-0330 (Nonwater-Carried Systems); 340-071-0345 (Alternative Treatment Technologies (ATTs))(1)-(7) and (9)-(14); 340-071-0360 (Absorption Trenches in Saprolite)(2)(b)(B); 340-071-0410 (Rural Area Consideration); 340-071-0415 (For Cause Variances); 340-071-0420 (Hardship Variances); 340-071-0425 (Variance Officers); 340-071-0430 (Variance Hearings and Decisions); 340-071- 0435; 340-071-0440 (Variance Appeals); 340-071-0445 (Variance Administrative Review); and 340-071-0500 (Community Systems).
(b) WPCF permit applicants and permittees are not subject to any WPCF permit-related fees other than those specified in OAR 340-071-0140 (Onsite System Fees).
(c) The following rules in OAR chapter 340, division 073 do not apply to WPCF applicants or permittees: OAR 340-073-0030 (Dosing Septic Tank)(1); 340-073-0065 (Non-water-Carried Waste Disposal Facilities, Materials, and Construction: Privies and Portable Toilet Shelters); 340-073-0070 (Non-water-Carried Waste Disposal Facilities, Materials, and Construction: Unsealed Earth Pits for Privies); and 340-073-0075 (Non-water-Carried Waste Disposal Facilities, Materials, and Construction: Self-Contained Nonwater-Carried Toilet Facilities).

Source: Rule 340-071-0162 — Permit Application Procedures — WPCF Permits, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-071-0162.

340–071–0100
Definitions 340–071–0110
Purpose 340–071–0115
Technical Review Committee 340–071–0120
Jurisdiction and Policy 340–071–0130
General Standards, Prohibitions and Requirements 340–071–0135
Approval of New or Innovative Technologies, Materials, or Designs for Onsite Systems 340–071–0140
Onsite System Fees 340–071–0150
Site Evaluation Procedures 340–071–0155
Existing System Evaluation Report 340–071–0160
Permit Application Procedures — Construction, Installation, Alteration, and Repair Permits 340–071–0162
Permit Application Procedures — WPCF Permits 340–071–0165
Permit Denial Review — Construction-Installation, Repair, Alteration Permits 340–071–0170
Pre-Cover Inspections 340–071–0175
Certificate of Satisfactory Completion 340–071–0185
Decommissioning of Systems 340–071–0200
Prior Construction Permits or Approvals 340–071–0205
Authorization to Use Existing Systems 340–071–0210
Alteration of Existing Onsite Wastewater Treatment Systems 340–071–0215
Repair of Existing Systems 340–071–0220
Standard Subsurface Systems 340–071–0260
Alternative Systems, General 340–071–0265
Capping Fills 340–071–0275
Pressurized Distribution Systems 340–071–0280
Seepage Trench System 340–071–0285
Redundant Systems 340–071–0290
Conventional Sand Filter Systems 340–071–0295
Conventional Sand Filter Design and Construction 340–071–0302
Recirculating Gravel Filter (RGF) 340–071–0310
Steep Slope Systems 340–071–0315
Tile Dewatering System 340–071–0320
Split Waste Method 340–071–0325
Gray Water Waste Disposal Sumps 340–071–0330
Nonwater-Carried Systems 340–071–0335
Cesspools and Seepage Pits 340–071–0340
Holding Tanks 340–071–0345
Alternative Treatment Technologies (ATTs) 340–071–0360
Absorption Trenches in Saprolite 340–071–0400
Geographic Area Special Considerations. 340–071–0410
Rural Area Consideration 340–071–0415
For Cause Variances 340–071–0420
Hardship Variances 340–071–0425
Variance Officers 340–071–0430
Variance Hearings and Decisions 340–071–0435
Variance Permit Issuance, Inspections, Certificate of Satisfactory Completion 340–071–0440
Variance Appeals 340–071–0445
Variance Administrative Review 340–071–0460
Moratorium Areas 340–071–0500
Community Systems 340–071–0520
Large Systems 340–071–0600
Sewage Disposal Service Licenses 340–071–0650
Training and Certification Requirements for System Installers and Maintenance Providers 340–071–0800
Tables
Last Updated

Jun. 8, 2021

Rule 340-071-0162’s source at or​.us