ORS 454.657
Variance from subsurface sewage disposal system rules or standards

  • conditions
  • hearing

(1)

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.

(2)

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:

(a)

Advanced age or bad health of applicants;

(b)

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

(c)

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

(3)

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

(4)

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]

Source: Section 454.657 — Variance from subsurface sewage disposal system rules or standards; conditions; hearing, https://www.­oregonlegislature.­gov/bills_laws/ors/ors454.­html.

454.010
Definitions for ORS 454.010 to 454.040
454.020
Compliance with state and federal standards
454.025
Limitation on siting or constructing treatment works or discharge
454.030
Rates and charges to meet costs of treatment works
454.040
Determination of costs payable by users
454.050
Rules
454.060
Powers in addition to other municipal or commission powers
454.105
Definitions for ORS 454.105 to 454.175
454.115
Authority over disposal systems
454.125
Bond election
454.135
Bonds issued to finance disposal system
454.145
Bond content
454.155
Refunding bonds
454.165
Joint agreements for construction and financing of disposal systems
454.175
Agreements with industrial establishment
454.205
“Municipality” defined
454.215
Authority over disposal systems
454.225
Rates and charges
454.235
Election
454.245
Serial bonds
454.255
Plans and cost estimates
454.275
Definitions for ORS 454.275 to 454.380
454.280
Construction of treatment works by municipality
454.285
Resolution or ordinance
454.290
Study
454.295
Commission review
454.300
Conduct of hearing
454.305
Effect of findings
454.310
Construction authorized upon commission approval
454.317
Resolution or ordinance authorizing levy and collection of seepage charge
454.320
Hearing on resolution or ordinance
454.330
County to collect seepage charge for municipality
454.340
Use of seepage charge
454.350
Effect of ORS 454.317 to 454.350 on contracts between municipalities
454.360
Areawide 208 Plan as master plan for provision of sewage services
454.365
Safety net program to provide financial relief
454.370
Citizens sewer advisory committee
454.375
Filing documentation of sewer charges
454.380
Limitation on spending for nonconstruction items
454.430
Definitions for ORS 454.430 to 454.445
454.433
Policy
454.436
Assessment Deferral Loan Program Revolving Fund
454.439
Conditions for program
454.442
Application for loan
454.445
Lien against assessed property
454.505
Definitions for ORS 454.505 to 454.535
454.515
Grants authorized
454.525
Contracts with municipalities
454.535
Sewage Treatment Works Construction Account
454.605
Definitions for ORS 454.605 to 454.755
454.607
Policy
454.610
Regulation of gray water discharge
454.615
Rules for sewage disposal systems and disposal facilities
454.625
Rules
454.635
Notice of violation
454.640
Contract agent enforcement of standards
454.645
Enforcement when health hazard exists
454.655
Permit required for construction
454.657
Variance from subsurface sewage disposal system rules or standards
454.660
Delegation of variance powers
454.662
Variance fee
454.665
Inspection of completed construction
454.675
Exemptions
454.685
Order limiting or prohibiting construction of sewage disposal systems
454.695
License required to perform sewage disposal services
454.705
Bond
454.710
Deposit in lieu of bond
454.715
Suspension or revocation of license
454.725
Contracts with local governments
454.745
Permit, service, report, variance and license fees
454.755
Fees for certain reports on sewage disposal
454.777
Policy
454.779
Program development and administration grants
454.782
Definitions for ORS 454.782 to 454.800
454.784
Policy
454.787
Findings
454.790
Permit or license required to collect, store, transport, treat, recycle or dispose of septage
454.792
Rules
454.795
County regulation of septage
454.797
Assessment of county for expenses of rulemaking
454.800
Land application of septage
454.805
Assessment for installation costs
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