ORS 454.655
Permit required for construction

  • application
  • time limit
  • special application procedure for septic tank installation on parcel of 10 acres or more

(1)

Except as otherwise provided in ORS 454.675 (Exemptions), 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 undertake emergency repairs limited to replacing minor broken components of the system without first obtaining a permit.

(2)

A permit required by subsection (1) of this section shall be issued only in the name of an owner or contract purchaser in possession of the land. However, a permit issued to an owner or contract purchaser carries the condition that the owner or purchaser or regular employees or a person licensed under ORS 454.695 (License required to perform sewage disposal services) perform all labor in connection with the construction of the subsurface or alternative sewage disposal system.

(3)

The applications for a permit required by this section must be accompanied by the permit fees prescribed in ORS 454.745 (Permit, service, report, variance and license fees).

(4)

After receipt of an application and all requisite fees, subject to ORS 454.685 (Order limiting or prohibiting construction of sewage disposal systems), the department shall issue a permit if it finds that the proposed construction will be in accordance with the rules of the Environmental Quality Commission. A permit may not be issued if a community or area-wide sewerage system is available which will satisfactorily accommodate the proposed sewage discharge. The prohibition on the issuance of a permit in this subsection does not apply to a public agency as defined in ORS 454.430 (Definitions for ORS 454.430 to 454.445).

(5)

Intentionally left blank —Ed.

(a)

Unless weather conditions or distance and unavailability of transportation prevent the issuance of a permit within 20 days of the receipt of the application and fees by the department, the department shall issue or deny the permit within 20 days after such date. If such conditions prevent issuance or denial within 20 days, the department shall notify the applicant in writing of the reason for the delay and shall issue or deny the permit within 60 days after such notification.

(b)

If within 20 days of the date of the application the department fails to issue or deny the permit or to give notice of conditions preventing such issuance or denial, the permit shall be considered to have been issued.

(c)

If within 60 days of the date of the notification referred to in paragraph (a) of this subsection, the department fails to issue or deny the permit, the permit shall be considered to have been issued.

(6)

Upon request of any person, the department may issue a report, described in ORS 454.755 (Fees for certain reports on sewage disposal) (1), of evaluation of site suitability for installation of a subsurface or alternative sewage disposal system or nonwater-carried sewage disposal facility. The application for such report must be accompanied by the fees prescribed in ORS 454.755 (Fees for certain reports on sewage disposal).

(7)

With respect to an application for a permit for the construction and installation of a septic tank and necessary effluent sewer and absorption facility for a single family residence or for a farm related activity on a parcel of 10 acres or more described in the application by the owner or contract purchaser of the parcel, the Department of Environmental Quality:

(a)

Within the period allowed by subsection (5)(a) of this section after receipt by it of the application, shall issue the permit or deliver to the applicant a notice of intent to deny the issuance of the permit;

(b)

In any notice of intent to deny an application, shall specify the reasons for the intended denial based upon the rules of the Environmental Quality Commission for the construction and installation of a septic tank and necessary effluent sewer and absorption facility or based upon the factors included in ORS 454.685 (Order limiting or prohibiting construction of sewage disposal systems) (2)(a) to (j);

(c)

Upon request of the applicant, shall conduct a hearing in the manner provided in ORS 454.635 (Notice of violation) (4) and (5) on the reasons specified in a notice of intent to deny the application with the burden of proof upon the department to justify the reasons specified; and

(d)

In the case of issuance of a permit, may include as a condition of the permit that no other permit for a subsurface sewage disposal system or alternative sewage disposal system shall be issued for use on the described parcel while the approved septic tank, effluent sewer and absorption facility are in use on the described parcel. [1973 c.835 §213; 1974 c.30 §2; 1975 c.167 §5; 1975 c.794 §1; 1999 c.551 §6; 2001 c.557 §6]
Note: Sections 3 to 5, chapter 217, Oregon Laws 2021, provide:
Sec. 3. Section 4 of this 2021 Act is added to and made a part of ORS 454.605 (Definitions for ORS 454.605 to 454.755) to 454.755 (Fees for certain reports on sewage disposal). [2021 c.217 §3]
Sec. 4. (1) Notwithstanding ORS 454.655 (Permit required for construction) (4), the Department of Environmental Quality shall issue a decision on a permit to repair or replace a subsurface sewage disposal system that serves a dwelling approved under section 2 of this 2021 Act without regard to availability of a community or area-wide sewerage system.

(2)

Notwithstanding ORS 197.180 (State agency planning responsibilities), the department shall issue a decision on a permit to repair or replace a subsurface sewage disposal system that serves a dwelling approved under section 2 of this 2021 Act without regard to whether a local government has issued a land use compatibility statement for the dwelling.

(3)

The department shall approve a permit to repair or replace a subsurface sewage disposal system that serves a dwelling approved under section 2 of this 2021 Act if:

(a)

A subsurface sewage disposal system served the dwelling on July 30, 2020; and

(b)

Issuance of the permit and operation of the system would not result in pollution of surface waters of the state or result in pollution of ground water that would threaten public health or other beneficial uses of ground water.

(4)

This section does not apply to a permit for a dwelling for which the owner received financial assistance from the state or federal government for the repair or replacement of the subsurface sewage disposal system.

(5)

This section does not affect the authority of the department or the Environmental Quality Commission to grant a variance or an exemption for a subsurface sewage disposal system for a dwelling or other use. [2021 c.217 §4]
Sec. 5. Sections 2 and 4 of this 2021 Act are repealed on January 2, 2031. [2021 c.217 §5]

Source: Section 454.655 — Permit required for construction; application; time limit; special application procedure for septic tank installation on parcel of 10 acres or more, https://www.­oregonlegislature.­gov/bills_laws/ors/ors454.­html.

Notes of Decisions

Community or area-wide sewerage system may be considered “available” notwithstanding that condition precedent prevents immediate availability of system. Jeld-Wen, Inc. v. Environmental Quality Commission, 162 Or App 100, 986 P2d 582 (1999), Sup Ct review denied

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