Or. Admin. Code § 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(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 set-backs 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,
340-071-0210, or
340-071-0215. 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(2)
to complete the permit application and must issue or deny the permit under OAR
340-071-0160.
(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(3)
and other information DEQ finds necessary to complete the review. DEQ will
prepare a report of the review.
Notes
Statutory/Other Authority: ORS 454.625 & 468.020
Statutes/Other Implemented: ORS 454.615 & 468B.080
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