OAR 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 (Onsite System Fees)(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 setbacks 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 (Permit Application Procedures — Construction, Installation, Alteration, and Repair Permits), 340-071-0210 (Alteration of Existing Onsite Wastewater Treatment Systems), or 340-071-0215 (Repair of Existing Systems). 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 (Permit Application Procedures — Construction, Installation, Alteration, and Repair Permits)(2) to complete the permit application and must issue or deny the permit under OAR 340-071-0160 (Permit Application Procedures — Construction, Installation, Alteration, and Repair Permits).
(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 (Onsite System Fees)(3) and other information DEQ finds necessary to complete the review. DEQ will prepare a report of the review.

Source: Rule 340-071-0205 — Authorization to Use Existing Systems, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-071-0205.

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 340-071-0205’s source at or​.us