Title 36, Public Health and Safety

It is the public policy of the State of Oregon to encourage: (1) Improvements to, maintenance of and innovative technology for subsurface and alternative sewage disposal systems and nonwater-carried sewage disposal facilities consistent with the protection of the public health an…

(1) A person may not construct, install or operate a gray water reuse and disposal system without first obtaining a permit from the Department of Environmental Quality. A gray water reuse and disposal system for which a permit has been issued under this section is exempt from the…

The Environmental Quality Commission shall adopt rules that: (1) Prescribe minimum requirements for the design and construction of subsurface sewage disposal systems, alternative sewage disposal systems and nonwater-carried sewage disposal facilities or parts thereof including gr…

The Environmental Quality Commission shall adopt rules setting forth the conditions for approving a proposal to permanently connect an accessory dwelling unit located on the same lot or parcel as a single-family dwelling to the same subsurface sewage disposal system or alternativ…

In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt such rules as it considers necessary for the purpose of carrying out ORS 454.605 to 454.755. [1973 c.835 §210]

(1) Whenever the Department of Environmental Quality has reasonable grounds for believing that any subsurface sewage disposal system, alternative sewage disposal system or nonwater-carried sewage disposal facility or part thereof is being operated or maintained in violation of an…

In order to protect the health, safety and welfare of its citizens, a contract agent may enforce, consistent with state enforcement, standards for subsurface sewage disposal systems, alternative sewage disposal systems and nonwater-carried sewage disposal facilities established i…

(1) Whenever a subsurface sewage disposal system, alternative sewage disposal system or a nonwater-carried sewage disposal facility or part thereof presents or threatens to present a public health hazard creating an emergency requiring immediate action to protect the public healt…

(1) After a declaration of a ground water quality management area under ORS 468B.180, if the best available information indicates that a residential subsurface sewage disposal system or alternative sewage disposal system may be a significant contributing source of contamination t…

(1) Except as otherwise provided in ORS 454.675, without first obtaining a permit from the Department of Environmental Quality, no person shall construct or install a subsurface sewage disposal system, alternative sewage disposal system or part thereof. However, a person may unde…

(1) After hearing the Environmental Quality Commission may grant to applicants for permits required under ORS 454.655 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…

(1) The Environmental Quality Commission shall delegate on such general conditions as it may find appropriate the power to grant variances to special variance officers appointed by the Director of the Department of Environmental Quality. Decisions of the variance officers to gran…

(1) Except as provided in subsection (2) of this section, each application for a variance submitted pursuant to ORS 454.657 must be accompanied by a fee, the amount of which shall be determined by a fee structure adopted by the Environmental Quality Commission as described in ORS…

(1) Upon completing the construction for which a permit has been issued under ORS 454.655, the permit holder shall notify the Department of Environmental Quality. The department may at its own election inspect the construction to determine if it complies with the rules of the Env…

Subsurface sewage disposal systems, alternative sewage disposal systems or nonwater-carried sewage disposal facilities or parts thereof which were constructed prior to January 1, 1974, but which are not creating a public health hazard or causing water pollution shall not be requi…

(1) Whenever the Environmental Quality Commission finds that the construction of subsurface sewage disposal systems, alternative sewage disposal systems or nonwater-carried sewage disposal facilities should be limited or prohibited in an area, it shall issue an order limiting or …

(1) No person shall perform sewage disposal services or advertise or purport to be in the business of performing such services without first obtaining a license from the Department of Environmental Quality. (2) Application for a license required by subsection (1) of this section …

(1) An applicant for a license required by ORS 454.695 shall execute a bond in favor of the State of Oregon. The bond shall be in the amount established by rule by the Environmental Quality Commission and shall be executed by the applicant as principal and by a surety company aut…

In lieu of the surety bond required by ORS 454.705, an applicant for a license required by ORS 454.695 may deposit, under the same terms and conditions as when a bond is filed, the equivalent value in cash or negotiable securities of a character approved by the State Treasurer. T…

Subject to ORS chapter 183, the Department of Environmental Quality at any time may suspend or revoke any license issued pursuant to ORS 454.695 if it finds: (1) A material misrepresentation or false statement in the application for the license. (2) Failure to comply with the app…

(1) The Department of Environmental Quality may enter into agreements with local units of government for the local units to perform the duties of the department under ORS 454.635, 454.655, 454.665 and 454.755. (2) The Department of Environmental Quality may enter into an agreemen…

(1) In conjunction with the rules adopted under ORS 454.615 and 454.625, the Environmental Quality Commission shall establish a schedule of application fees for services rendered, permits, reports, variances and licenses and for the registration of sewage disposal service license…

(1) Any person, upon application for any of the following actions by the Department of Environmental Quality, shall pay to the department a fee in the amount required for each lot or parcel: (a) A report of evaluation of site suitability for a subsurface sewage disposal system, a…

The Legislative Assembly declares it to be the policy of this state to assist the people of this state in protecting public health and safety and the quality of the waters of this state by making financial assistance available for the repair, replacement, upgrade or evaluation of…

(1) As used in this section and ORS 454.777: (a) “Available sewer” means an existing public sewer system that a residence or small business is capable of being connected to: (A) In compliance with state and local law; and (B) Without a significant extension of the public sewer sy…

As used in ORS 454.782 to 454.800: (1) “Commission” means the Environmental Quality Commission. (2) “Department” means the Department of Environmental Quality. (3) “Septage” means the domestic liquid and solid sewage pumped from septic tanks, cesspools, holding tanks, vault toile…

It is the policy of the State of Oregon to encourage innovative technology for subsurface and alternative sewage disposal systems and nonwater-carried sewage disposal facilities consistent with the protection of the public health and safety and the quality of the waters of this s…

(1) The Legislative Assembly finds that: (a) Improper collection, storage, transportation, treatment, recycling and disposal of septage is a threat to the quality of the waters of this state, to the health, safety and welfare of Oregonians and to the fish and wildlife resources o…

A person may not collect, store, transport, treat, recycle or dispose of septage: (1) Without first obtaining a license or permit from the Department of Environmental Quality issued under the program established under ORS 454.792; and (2) Unless the person is operating in complia…

Upon request of a county under ORS 454.795, the Environmental Quality Commission shall establish by rule a program to regulate the collection, storage, transportation, treatment, recycling and disposal of septage. The rules must include but need not be limited to: (1) Standards t…

A county may submit a request to the Department of Environmental Quality to allow the county to perform the duties of the department under ORS 454.782 to 454.800. Subject to policy direction of the Environmental Quality Commission, and in compliance with rules adopted by the comm…

(1) If a county requests the Environmental Quality Commission to adopt rules under ORS 454.792 in order that the county may be allowed to perform the duties of the Department of Environmental Quality under ORS 454.782 to 454.800, the department may assess the county for the reaso…

The Department of Environmental Quality shall allow the land application of septage through a permit when the septage is: (1) Included with municipal waste that is first processed through a treatment works operated under a permit issued by the department before land application; …

(1) When a municipality requires property owners to connect their homes and multifamily dwellings to the sewer system of the municipality, the municipality may assess the installation costs for which the municipality provides financing against the affected properties in the same …