Or. Admin. Code § 340-071-0345 - Alternative Treatment Technologies (ATTs)
(1) Criteria for approval.
Construction-installation permits may be issued for onsite systems
incorporating alternative treatment technologies (ATTs) for single family
dwellings and commercial facilities if the following criteria are met:
(a) DEQ has listed the ATT, including brand
and model or type where applicable, for use in onsite systems pursuant to
section (2) of this rule.
(b) The
ATT meets the performance and model selection criteria specified for the
proposed use in section (4) of this rule.
(c) The site meets the appropriate siting
criteria in section (8) of this rule, and the agent has approved the site.
(d) The owner of the property
served by the onsite system incorporating the ATT has a written service
contract as required in section (14) of this rule.
(2) ATT listing and delisting.
(a) DEQ will maintain a list of ATTs that
meet the performance requirements in section (3) of this rule.
(b) Any person may submit an application for
listing an ATT. The application must include:
(A) Documentation that the ATT meets the
performance requirements in section (3) of this rule;
(B) Documentation that the ATT has been
tested to NSF/ANSI as a class 1 or equivalent residential wastewater treatment
system;
(C) A guide for inspecting
the ATT installation;
(D) A plan
for training agents on inspecting the ATT and training and certifying system
installers on installing the ATT;
(E) A plan for training and certifying
maintenance providers on system maintenance for the ATT;
(F) Documentation that the ATT complies with
sections (5)-(7) and (9) of this rule; and
(G) The alternative technology review fee in
OAR 340-071-0140(5).
(c) DEQ will approve
applications to list ATTs that DEQ determines meet the performance requirements
in section (3) of this rule under normal operating conditions. ATTs will be
listed by brand and model or type for the treatment standards they achieve.
(d) DEQ may approve ATTs that vary
from standards in OAR chapter 340, division 073.
(e) Beginning July 1, 2015, DEQ may remove
ATTs from the list if it determines the requirements for approval in subsection
(c) of this section are no longer satisfied or if:
(A) Ten percent or more of systems under 10
years of age fail;
(B) The
manufacturer fails to submit the annual report in section (g) of this rule by
the date specified by DEQ; or
(C)
The manufacturer fails to submit the annual compliance determination fee in OAR
340-071-0140(5)
by the date specified by DEQ; or
(D) The manufacturer goes out of business.
(f) All ATT listings
will expire on June 30, 2016 and will be removed from the list. To renew the
ATT listing and remain on the list, the manufacturer of the ATT must submit an
application for each ATT model by July 1, 2015. The application must include,
but is not limited to:
(A) A current list of
each ATT sold in the State of Oregon including the model number, serial number,
and the property address the ATT is located;
(B) A current list of all maintenance
providers the manufacturer certifies;
(C) The material plan review fee in OAR
340-071-0140(5).
(g) Annual manufacturer
report. Unless DEQ authorizes otherwise in writing, the manufacturer must
submit an annual report for each ATT model. The report must include, but is not
limited to:
(A) A list of each ATT sold in
Oregon for the reporting period including the model number, serial number,
certified maintenance provider name, status of service contract, and the
property address the ATT is located;
(B) A current list of all maintenance
providers that are certified by the manufacturer;
(C) The annual compliance determination fee
in OAR 340-071-0140(5).
(h) Any person
adversely affected by DEQ's listing or delisting decision may appeal that
decision through the contested case hearing procedures in ORS Chapter 183 and
OAR chapter 340, division 011.
(3) Performance testing and standards for
listing ATTs.
(a) Product testing.
(A) ATTs must be tested according to the
product standards and testing protocols of NSF/ANSI Standard No. 40 for
residential wastewater treatment systems - 2013, NSF/ANSI Standard No. 245 for
nitrogen reduction - 2012, or another NSF/ANSI protocol DEQ approves.
(B) For purposes of demonstrating performance
to the fecal coliform concentration in treatment standard 2, the ATT shall be
followed by a nonchlorinating disinfection device that has been tested
according to NSF/ANSI Standard No. 46 - 2012, or the ATT must be tested by
collecting and analyzing influent and effluent grab samples at a minimum
frequency of 3 days per week and the same duration (26 consecutive weeks) and
hydraulic loadings (design and stress loadings) as the NSF/ANSI sample
collection requirements for the BOD5, CBOD5, and TSS parameters. The testing
must be performed by an ANSI accredited, third-party testing and certification
organization whose accreditation is specific to onsite wastewater treatment
products, or have been studied under the La Pine National Demonstration
Project.
(b) Product
performance. An ATT must produce effluent quality equal to or better than
treatment standard 1 or 2 defined in section 0100.
(4) ATT model type and size selection. The
model, type, and size of the ATT proposed for a system must be consistent with
manufacturer recommendations and match the daily design wastewater flow
anticipated from the dwelling or facility.
(5) Access ports.
(a) At a minimum, the ATT must have
ground-level access ports sized and located to facilitate installing, removing,
sampling, examining, maintaining, and servicing components or compartments that
require routine maintenance or inspection. Access ports must facilitate:
(A) Visually inspecting and removing
mechanical or electrical components;
(B) Removing components that require periodic
cleaning or replacement;
(C)
Visually inspecting and collecting samples; and
(D) Removing (manual or pumping) accumulated
residuals.
(b) Access
ports must be protected against unauthorized intrusion. Acceptable protective
measures include but are not limited to padlocks or covers that can be removed
only with tools.
(6)
Malfunction, failure sensing, and signaling equipment.
(a) The system must be designed to prevent
untreated waste passing into the absorption field if the plant malfunctions.
(b) The ATT must possess a
mechanism or process capable of detecting:
(A) Failure of electrical and mechanical
components that are critical to the treatment process; and
(B) High liquid level conditions above the
normal operating specifications.
(c) The ATT must possess a mechanism or
process capable of notifying the system owner of failures. The mechanism must
have circuits separate from pump circuits and deliver a visible and audible
signal.
(A) The visual alarm signal must be
conspicuous at a distance of 50 feet from the system and its appurtenances.
(B) The audible alarm signal
strength must be between 70 and 90 dbA at 5 feet and discernible at a distance
of 50 feet from the system and its appurtenances.
(C) The visual and auditory signals must
continue to function in the event of electrical, mechanical equipment, or
hydraulic malfunction of the system. The audible signal may be disabled for
service as long as the visual signal remains active while cause for the alarm
is identified and alleviated.
(d) A clearly visible label or plate with
instructions for obtaining service must be permanently located near the failure
signal.
(7) Data plate.
(a) The ATT must have permanent and legible
data plates located on:
(A) The front of the
electrical control box if the ATT has an electrical control box or panel; and
(B) The tank, aeration equipment
assembly, or riser at a location accessed during maintenance cycles and
inspections.
(b) Each
data plate must include:
(A) Manufacturer's
name and address;
(B) Model
number;
(C) Serial number
(required on one data plate only);
(D) Rated daily hydraulic capacity of the
system; and
(E) The performance
expectations as determined by performance testing and evaluation.
(8) Siting and
absorption area construction criteria.
(a)
ATTs approved for treatment standard 1 may be sited and sized as follows:
(A) In areas with a temporary water table, as
specifications for sand filters in areas with temporary groundwater in OAR
340-071-0290 require.
(B) In areas with permanent groundwater,
where 4 feet of separation can be maintained between the bottom of the trench
and groundwater and the other criteria in OAR
340-071-0290 can be met.
(C) On sites meeting criteria for
standard onsite systems in OAR
340-071-0220 or for pressurized
systems in OAR 340-071-0275.
(b) ATTs used in conjunction with
approved disinfection and approved nitrogen reduction processes and approved
for treatment standard 2 may be sited and sized as follows.
(A) On sites meeting the criteria for
treatment standard 1 in subsection (a) of this section.
(B) In areas with a permanent water table, as
specifications for sand filters in areas with a permanent water table in OAR
340-071-0290 require.
(c) Any type of absorption area
permitted for a sand filter system, including the gravel-less absorption
method, may be permitted for an ATT system.
(9) Limited warranty. The ATT manufacturer
must:
(a) Warrant all components of the ATT
to be free from defects in material and workmanship for a minimum of two years
from the date of installation; and
(b) Fulfill the terms of the warranty by
repairing or exchanging any components that the manufacturer determines may be
defective.
(10)
Installation. ATTs must be installed under the manufacturer's instructions and
this division. The installer must be certified by the ATT manufacturer to
install the system and provide written certification to the agent that the ATT
component was installed under the manufacturer's instructions and this rule.
(11) Sampling ports. A sampling
port must be designed, constructed, and installed to provide easy access for
collecting a free falling or undisturbed sample from the effluent stream. The
sampling port may be located within the ATT or other system component (such as
a pump chamber) if the wastewater stream being sampled is representative of the
effluent stream from the ATT.
(12)
Operation and maintenance standards. The owner of an ATT system must ensure the
ATT and all components of the onsite system are properly operated and timely
maintained or decommissioned and the effluent standards in section (3) of this
rule are met.
(13) Owner's manual.
The designer of each onsite system using an ATT must provide a comprehensive
owner's manual prepared by the manufacturer or designer to the system owner,
manufacturer's representative, installer, and if requested, the agent before or
at the time of installation. The manual may be a collection of individual
system component manuals and must include information on system specifications,
system installation, operation and maintenance, and troubleshooting and repair.
The information must be presented in a manner the owner can easily understand.
(14) Service contracts.
(a) The owner of an ATT system must maintain
a contract, under OAR
340-071-0130(23),
with a maintenance provider to serve and maintain the onsite system. A service
contract must be entered before the system is installed and must be maintained
until the system is decommissioned.
(b) A maintenance provider must be certified
by the manufacturer to provide service on an ATT.
Notes
Publications referenced are available from the agency.
Statutory/Other Authority: ORS 454.625 & 468.020
Statutes/Other Implemented: ORS 454.615 & 454.775
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