Or. Admin. Code § 340-071-0160 - Permit Application Procedures - Construction, Installation, Alteration, and Repair Permits
(1) Permittees.
A permit to construct a system may be issued under this rule only to the owner
of the real property that the system will serve.
(2) Application. A completed application for
a construction, installation, alteration, or repair permit must be submitted to
the appropriate agent on approved forms with all required exhibits and the
applicable permit application fee in OAR
340-071-0140(3).
Applications that do not comply with this section will not be accepted for
filing. Except as otherwise allowed in this division, the exhibits must
include:
(a) A site evaluation report
approving the site for the type and quantity of waste to be disposed. Agents
may waive the requirement for the report and fee for applications for repair or
alteration permits.
(b) A land use
compatibility statement from the appropriate land use authority as required in
OAR chapter 340, division 018.
(c)
Plans and specifications for the onsite system proposed for installation within
the area the agent identified and approved in a site evaluation report. The
agent must determine and request the minimum level of detail necessary to
insure proper system construction.
(d) Any other information the agent
determines is necessary to complete the permit application.
(3) Deadlines for action. The
agent must either issue or deny the permit within 20 days after receiving the
completed application unless weather conditions or distance and unavailability
of transportation prevent the agent from timely action. The agent must notify
the applicant in writing of any delay and the reason for delay and must either
issue or deny the permit within 60 days after the mailing date of notification.
(4) Permit denial. The agent must
deny a permit if any of the following occurs:
(a) The application contains false
information.
(b) The agent
wrongfully received the application.
(c) The proposed system would not comply with
applicable requirements in this division or in OAR chapter 340, division 073.
(d) The proposed system, if
constructed, would violate a commission moratorium under OAR
340-071-0460.
(e) The proposed system location is
encumbered as described in OAR
340-071-0130(8).
(f) A sewerage system that can serve the
proposed sewage flow is both legally and physically available, as described in
paragraphs (A) and (B) of this subsection.
(A) Physical availability. A sewerage system
is considered available if topographic or man-made features do not make
connection physically impractical and one of the following applies:
(i) For a single family dwelling or other
establishment with a maximum projected daily sewage flow not exceeding 899
gallons, the nearest sewerage connection point from the property to be served
is within 300 feet.
(ii) For a
proposed subdivision or group of two to five single family dwellings or other
establishment with the equivalent projected daily sewage flow, the nearest
sewerage connection point from the property to be served is not further than
200 feet multiplied by the number of dwellings or dwelling equivalents.
(iii) For proposed subdivisions or
other developments with more than five single family dwellings or equivalent
flows, the agent will determine sewerage availability.
(B) Legal availability. A sewerage system is
deemed legally available if the system is not under a DEQ connection permit
moratorium and the sewerage system owner is willing or obligated to provide
sewer service.
(5) Permit effective dates. A permit issued
for construction of a system under this rule is effective for one year from the
date of issuance. After a system has been installed under the permit and a
Certificate of Satisfactory Completion has been issued for the installation,
conditions specified in the Certificate of Satisfactory Completion continue in
force as long as the system is in use.
(6) Permit renewal, reinstatement, or
transfer. An agent may renew, reinstate, or transfer a permit if the following
conditions are met:
(a) The applicant submits
a completed application for permit renewal before the permit expiration date or
for reinstatement within one year after the permit expiration date.
(b) Applications for transfer of a permit
from a permittee to another person must be filed before the permit expiration
date. Only the permittee's name may be changed in a transfer.
(c) Applications for permit renewal,
reinstatement, or transfer must conform to the requirements of this rule and
the permit will be issued or denied under this rule.
(7) Temporary holding tank. If a permit has
been issued under these rules but existing soil moisture conditions preclude
the construction of the soil absorption system, an agent may approve installing
a septic tank for use as a temporary holding tank for up to 12 months. Before
approval, the permittee must demonstrate that the outlet of the tank has been
sealed with a water tight seal and that the permittee has entered into a
pumping contract for the tank. Unless otherwise authorized by the agent, the
septic tank must be designed and constructed under OAR
340-071-0340.
Notes
Statutory/Other Authority: ORS 454.625 & 468.020
Statutes/Other Implemented: ORS 454.615 & 454.655
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