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
Green check means up to date. Up to date

Current through early 2024

§ 454.657’s source at oregon​.gov