Sewage Treatment and Disposal Systems

ORS 454.657
Variance from subsurface sewage disposal system rules or standards

  • conditions
  • hearing


After hearing the Environmental Quality Commission may grant to applicants for permits required under ORS 454.655 (Permit required for construction) specific variances from the particular requirements of any rule or standard pertaining to subsurface sewage disposal systems for such period of time and upon such conditions as it may consider necessary to protect the public health and welfare and to protect the waters of the state, as defined in ORS 468B.005 (Definitions for water pollution control laws). The commission shall grant such specific variance only where after hearing it finds that strict compliance with the rule or standard is inappropriate for cause or because special physical conditions render strict compliance unreasonable, burdensome or impractical.


The commission shall adopt rules for granting variances from rules or standards pertaining to subsurface sewage disposal systems in cases of extreme and unusual hardship. The rules shall provide for consideration of the following factors in reviewing applications for variances due to hardship:


Advanced age or bad health of applicants;


Relative insignificance of the environmental impact of granting a variance; and


The need of applicants to care for relatives who are aged or incapacitated or have disabilities.


The department shall strive to aid and accommodate the needs of applicants for variances due to hardship.


Variances granted due to hardship may contain conditions such as permits for the life of the applicant, limiting the number of permanent residents using a subsurface sewage disposal system and use of experimental systems for specified periods of time. [1975 c.309 §2; 1979 c.591 §4; 2007 c.70 §256]


Last accessed
Mar. 11, 2023