Loading

Oregon Bulletin

October 1, 2011

 

Department of Environmental Quality
Chapter 340

Rule Caption: Rules pertaining to the permitting of graywater reuse and disposal systems.

Adm. Order No.: DEQ 15-2011

Filed with Sec. of State: 9-12-2011

Certified to be Effective: 9-12-11

Notice Publication Date: 2-1-2011

Rules Adopted: 340-053-0050, 340-053-0060, 340-053-0070, 340-053-0080, 340-053-0090, 340-053-0100, 340-053-0110

Rules Amended: 340-045-0070, 340-045-0075

Subject: The Oregon Environmental Quality Commission adopted new rules for the permitting of graywater reuse and disposal systems under OAR Chapter 340, Divisions 45 and 53. The rules:

      • Establish a public policy to encourage the reuse of graywater for beneficial purposes such as irrigation.

      • Establish general requirements for all graywater reuse and disposal systems necessary to protect public health and the environment.

      • Define three types of graywater based on level of treatment and identify reuse activities, treatment and monitoring requirements, setbacks, access and exposure controls, and site management practices necessary to protect public health and the environment.

      • Establish design and construction standards for graywater reuse and disposal systems.

      • Create a three-tier permitting system that defines permitting requirements based primarily on the volume of graywater produced.

      • Establish requirements for entering into agreements with local governments to act as program agents.

Rules Coordinator: Maggie Vandehey—(503) 229-6878

340-045-0070

Permit Fees

(1) Except for a person assigned to the 700-PM general permit, a person required to have a WPCF or NPDES permit is subject to a two-part fee consisting of the applicable new-permit application fee and annual fee in OAR 340-045-0075.

(a) A person submitting an application for a new NPDES or WPCF permit must submit the amount equal to the new-permit application fee and the first year’s annual fee.

(b) A person is not required to submit a fee with an application for renewal of a NPDES or WPCF permit, unless the permit is to be modified as described in OAR 340-045-0075. A person requesting a permit modification must submit the appropriate modification fee in OAR 340-045-0075 with the application.

(c) A person is not required to pay a fee for modification of an existing, unexpired permit if the department initiates the modification and determines the modification does not require re-filing or department review of an application, plans, or specifications.

(d) When a governmental entity has an agreement with the department to assist with implementation of a general permit, the department may in that agreement lower the general permit fees established in OAR 340-045-0075 and allow the governmental entity to collect the fee for the department and retain a portion of the fee for its services.

(2) A person must pay the applicable annual fee in OAR 340-045-0075 for as long as the permit is active.

(a) The annual fee must be paid by the date specified by the department.

(b) The department will apply the annual fee submitted as part of an application for a new NPDES or WPCF permit to the first 12 months the permitted facility is put into operation.

(c) The director may alter the due date for the annual fee upon receipt of a justifiable request from a permittee. The commission may reduce or suspend the annual fee if a hardship is demonstrated.

(3) The department may refund a new-permit application fee submitted in whole or in part if the department determines that:

(a) A permit is not required; or

(b) The wrong application was filed.

(4) All fees must be made payable to the Department of Environmental Quality or the department’s agent.

(5) A person assigned to the 700-PM general permit must pay either an annual fee or an optional 5-year permit registration fee according to the schedule provided in OAR 340-045-0075. The applicable fee must be submitted with the permit application and is non-refundable unless the department or the department’s agent determines that the permittee cannot be assigned to the general permit. Fees must be made payable to the Department of Environmental Quality. An annual fee must be paid at the time of application, and for each following year that the permit is valid on a date specified by the department.

Stat. Auth.: ORS 454.625, 454.745, 468.020, 468B.020 & 468B.035

Stats. Implemented: ORS 454.745, 468.065, 468B.015, 468B.035 & 468B.050

Hist.: DEQ 113, f. & ef. 5-10-76; DEQ 129, f. & ef. 3-16-77; DEQ 31-1979, f. & ef. 10-1-79; DEQ 18-1981, f. & ef. 7-13-81; DEQ 12-1983, f. & ef. 6-2-83; DEQ 27-1994, f. & cert. ef. 11-15-94; DEQ 2-2002, f. & cert. ef. 2-12-02; DEQ 7-2004, f. & cert. ef. 8-3-04; DEQ 5-2005, f. & cert. ef. 7-1-05; DEQ 11-2006, f. & cert. ef. 8-15-06; DEQ 15-2011, f. & cert. ef. 9-12-11

340-045-0075

Permit Fee Schedule

(1) The fee schedule for onsite sewage disposal system permits, including WPCF permits, and graywater reuse and disposal system WPCF individual permits is found in OAR chapter 340, division 071.

(2) The department has established fees for various industrial, domestic and general permit categories. The industrial and domestic permit categories and fees are listed in Tables 70B and 70C. The general permit categories are defined in OAR 340-045-0033 and the fees are listed in Table 70G.

(3) The department must consider the following criteria when classifying a facility for determining applicable fees. For industrial sources that discharge to surface waters, discharge flowrate refers to the system design capacity. For industrial sources that do not discharge to surface waters, discharge flow refers to the total annual flow divided by 365:

(a) Tier 1 industry. A facility is classified as a Tier 1 industry if the facility:

(A) Discharges at a flowrate that is greater than or equal to 1 mgd; or

(B) Discharges large biochemical oxygen demand loads; or

(C) Is a large metals facility; or

(D) Has significant toxic discharges; or

(E) Has a treatment system that will have a significant adverse impact on the receiving stream if not operated properly; or

(F) Needs special regulatory control, as determined by the department.

(b) Tier 1 domestic facility. A facility is classified as a Tier 1 domestic facility if the facility:

(A) Has a dry weather design flow of 1 mgd or greater; or

(B) Serves an industry that can have a significant impact on the treatment system.

(c) Tier 2 industry or domestic facility: does not meet Tier 1 qualifying factors.

(4) New-permit application fee. Unless waived by this rule, the applicable new-permit application fee listed in Table 70A, 70C or 70G (available on the department’s website or upon request) must be submitted with each application. The amount of the fee is based on the facility category and type of permit (e.g., individual vs. general).

(5) Permit modification fee. Permit modification fees are listed in Tables 70A and 70C (available on the department’s website or upon request). They vary with the type of permit, the type of modification and the timing of modification as follows:

(a) Modification at time of permit renewal:

(A) Major modification — involves an increase in effluent limitations or any other change that involves significant analysis by the department;

(B) Minor modification — does not involve significant analysis by the department.

(b) Modification prior to permit renewal:

(A) Major modification — involves an increase in effluent limitations or any other change that involves significant analysis by the department. A permittee requesting a significant modification to their permit may be required by the department to enter into an agreement to pay for these services according to ORS 468.073. ORS 468.073 allows the department “to expedite or enhance a regulatory process by contracting for services, hiring additional staff or covering costs of activities not otherwise provided during the ordinary course of department business;”

(B) Minor modification — does not involve significant analysis by the department.

(6) Annual fees. Applicable annual fees for General and Industrial permit holders may be found in Tables 70G and 70B (available on the department’s website or upon request). Annual fees for domestic sources may also be found in Table 70C (available on the department’s website or upon request), and consist of the following:

(a) Base annual fee. This is based on the type of treatment system and the dry weather design flow;

(b) Population-based fee. A permit holder with treatment systems other than Type F (septage alkaline stabilization facilities) must pay a population-based fee. The applicable fee may be found in Table 70D (available on the department’s website or upon request);

(c) Pretreatment fee. A source required by the department to administer a pretreatment program pursuant to federal pretreatment program regulations (40CFR, Part 403; January 29, 1981 and amendments thereto) must pay an additional annual fee plus a fee for each significant industrial user specified in their annual report for the previous year. The applicable fee may be found in Table 70E (available on the department’s website or upon request).

(7) Technical activities fee. Technical activity fees are listed in Tables 70F and 70H (available on the department’s website or upon request). They are categorized as follows:

(a) All permits. A permittee must pay a fee for NPDES and WPCF permit-related technical activities. A fee will be charged for initial submittal of engineering plans and specifications. Fees will not be charged for revisions and re-submittals of engineering plans and specifications or for facilities plans, design studies, reports, change orders, or inspections;

(b) General permits. A permittee must pay the technical activity fee shown in Table 70H (available on the department’s website or upon request) when the following activities are required for application review:

(A) Disposal system plan review;

(B) Site inspection and evaluation.

(8) For permits administered by the Oregon Department of Agriculture, the following fees are applicable until superseded by a fee schedule established by the Oregon Department of Agriculture:

(a) WPCF and NPDES General Permits #800 for Confined Animal Feeding Operations Filing Fee — $50;

(b) Individual Permits:

(A) Filing Fee — $50;

(B) New applications — $6,280;

(C) Permit renewals (including request for effluent limit modifications) — $3,140;

(D) Permit renewals (without request for effluent limit modifications) — $1,416;

(E) Permit modifications (involving increase in effluent limit modifications) — $3,140;

(F) Permit modifications (not involving an increase in effluent limitations) — $500;

(G) Annual compliance determination fee for dairies and other confined feeding operations — $705;

(H) Annual compliance determination fee for facilities not elsewhere classified with disposal of process wastewater — $1,885;

(I) Annual compliance determination fee for facilities not elsewhere classified that dispose of non-process wastewater (e.g., small cooling water discharges, boiler blowdown, filter backwash, log ponds) — $1,180.

(c) Annual compliance determination fee for facilities that dispose of wastewater only by evaporation from watertight ponds or basins — $705.

(9) A surcharge in the amount listed below is imposed on municipalities that are permittees as defined in 2007 Oregon Laws chapter 696, section 2. The surcharge is imposed to defray the cost of conducting and administering the study of persistent pollutants discharged in the State of Oregon required under 2007 Oregon Laws chapter 696, section 3. A permittee subject to the surcharge must pay one half of the surcharge on or before July 15, 2008 and the other half of the surcharge on or before July 15, 2009.

Each municipality will pay a surcharge based on a dry weather design flow in millions of gallons per day (mgd) as follows:

less than 5 mgd = $6,975

5 mgd to 9.9 mgd = $13,950

10 mgd and greater = $20,925

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 468.020, 468B.020 & 468B.035

Stats. Implemented: ORS 468.065, 468B.015, 468B.035 & 468B.050

Hist.: DEQ 113, f. & ef. 5-10-76; DEQ 129, f. & ef. 3-16-77; DEQ 31-1979, f. & ef. 10-1-79; DEQ 18-1981, f. & ef. 7-13-81; DEQ 12-1983, f. & ef. 6-2-83; DEQ 9-1987, f. & ef. 6-3-87; DEQ 18-1990, f. & cert. ef. 6-7-90; DEQ 10-1991, f. & cert. ef. 7-1-91; DEQ 9-1992, f. & cert. ef. 6-5-92; DEQ 10-1992, f. & cert. ef. 6-9-92; DEQ 30-1992, f. & cert. ef. 12-18-92; DEQ 20-1994, f. & cert. ef. 10-7-94; DEQ 4-1998, f. & cert. ef. 3-30-98; Administrative correction 10-22-98; DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 2-2002, f. & cert. ef. 2-12-02; DEQ 7-2004, f. & cert. ef. 8-3-04; DEQ 5-2005, f. & cert. ef. 7-1-05; DEQ 11-2006, f. & cert. ef. 8-15-06; DEQ 5-2007, f. & cert. ef. 7-3-07; DEQ 8-2008, f. 6-27-08, cert. ef. 7-1-08; DEQ 7-2010, f. 8-27-10, cert. ef. 9-1-10; DEQ 9-2011, f. & cert. ef. 6-30-11; DEQ 15-2011, f. & cert. ef. 9-12-11

340-053-0050

Purpose and Policy

(1) Purpose. OAR 340-053-0050 to 340-053-0110 prescribes requirements for the permitting of graywater reuse and disposal systems. The purpose of this division is to protect public health, safety and welfare; public water supplies; and waters of the state.

(2) Policy. It is the policy of the Environmental Quality Commission to encourage the use of graywater for beneficial purposes not requiring potable water because it reduces demand on drinking water sources and may conserve groundwater and stream flows by reducing withdrawal.

Stat. Auth.: ORS 454.610, 454.625, 468.020, & 468B.010

Stats. Implemented: ORS 454.610, 454.615, 468B.020 & 468B.050

Hist.: DEQ 15-2011, f. & cert. ef. 9-12-11

340-053-0060

Applicability

(1) This division of rules applies to graywater reuse and disposal systems where some or all of the graywater is diverted from discharge to a sewerage system or an onsite wastewater treatment system to beneficial purposes.

(2) This division of rules does not apply to:

(a) The discharge of graywater to an approved sewerage system or an onsite wastewater treatment system approved under OAR 340-071;

(b) The reuse of graywater for activities inside a structure such as toilet and urinal flushing, commercial car washing or laundry washing when allowed under the Oregon Specialty Plumbing Code and the resulting wastewater is discharged to an approved sewerage system or an onsite wastewater treatment system approved under OAR 340-071;

(c) The treatment or reuse of recycled water as defined in OAR 340-055-0010; or

(d) The treatment, disposal or reuse of industrial waste as defined in OAR 340-045-0010 or process wastewater as defined in 340-045-0010.

Stat. Auth.: ORS 454.610, 454.625, 468.020, & 468B.010

Stats. Implemented: ORS 454.610, 454.615, 468B.020 & 468B.050

Hist.: DEQ 15-2011, f. & cert. ef. 9-12-11

340-053-0070

Definitions

The following definitions apply to this division of rules:

(1) “Beneficial purpose or reuse” means graywater is utilized for a resource value, such as to provide moisture. Examples include, but are not limited to, the irrigation of landscape vegetation, planters, greenhouses, vegetated roofs, and living walls.

(2) “Department” means the Oregon Department of Environmental Quality.

(3) “Evapotranspiration” means the combined loss of water from a given area, and during a specified period of time, by evaporation from the soil surface and by transpiration from plants.

(4) “Graywater” has the meaning given for “gray water” in ORS 454.605.

(a) “Type 1 graywater” means graywater that contains dissolved oxygen and may have passed through primary graywater treatment, but has not passed through secondary graywater treatment.

(b) “Type 2 graywater” means graywater that is oxidized and has passed through secondary graywater treatment.

(c) “Type 3 graywater” means graywater that is oxidized and has been disinfected following secondary graywater treatment.

(5) “Graywater treatment” means the alteration of the quality of graywater by physical, chemical, or biological means or combination thereof to reduce the risk of failure of the graywater reuse and disposal system, degradation of water quality or the environment, and risk to public health.

(a) “Primary graywater treatment” means a physical process to remove a portion of the grease, floatable and settable solids from graywater.

(b) “Secondary graywater treatment” means a chemical or biological process to remove a portion of the dissolved or suspended biodegradable organic matter and other suspended solids.

(6) “Graywater reuse and disposal system” means any existing or proposed graywater collection and distribution system equipped with a diversion device that can direct graywater between beneficial reuse and disposal.

(7) “Holding tank system” has the meaning given in OAR 340-071-0100.

(8) “Irrigation” means the application of water to soil, mulch or compost usually to supplement precipitation and supply moisture for the growth of vegetation or for the production of compost.

(9) “Landscape pond” means a constructed body of water that does not normally result in public contact through activities such as boating, fishing or body-contact recreation. Typical landscape ponds include fish ponds, water gardens and golf course water ponds. Landscape ponds do not include ponds designed to capture and infiltrate stormwater.

(10) “Mulch” means a protective covering spread or left on the ground to reduce evaporation, maintain even soil temperature, prevent erosion, control weeds or enrich the soil.

(11) “Onsite wastewater treatment system” has the meaning given in OAR 340-071-0100.

(12) “Owner” means any person who alone, jointly or severally:

(a) Has legal title to the single lot, parcel, dwelling, dwelling unit or commercial facility on which a graywater reuse and disposal system is located;

(b) Has care, charge or control of any real property on which a graywater reuse and disposal system is located, as agent, executor, administrator, trustee, commercial lessee or guardian of the estate of the holder of legal title; or

(c) Is the contract purchaser of real property on which a graywater reuse and disposal system is located.

(13) “Oxidized graywater” means a treated graywater in which the organic matter is stabilized, nonputrescible, and contains dissolved oxygen.

(14) “Person” has the meaning given in ORS 468.005.

(15) “Sewerage system” has the meaning given in ORS 468B.005.

(16) “Stormwater management structure” means both public and private structural stormwater controls such as swales, infiltration basins, Underground Injection Control (UIC) systems or similar structures intended to infiltrate stormwater into the ground.

(17) “Subsurface irrigation” means the slow release of water below the surface of soil, compost or mulch for the purpose of supplying moisture.

(18) “Vegetated roof” means a system of soil and vegetation that partially or completely covers the roof of a building or man-made structure. Vegetated roofs are also known as living roofs, green roofs or ecoroofs.

(19) “Waters of the state” has the meaning given in ORS 468B.005.

(20) “WPCF permit” means a Water Pollution Control Facilities permit as defined in OAR chapter 340, division 45.

Stat. Auth.: ORS 454.610, 454.625, 468.020, & 468B.010

Stats. Implemented: ORS 454.610, 454.615, 468B.020 & 468B.050

Hist.: DEQ 15-2011, f. & cert. ef. 9-12-11

340-053-0080

General Requirements for Graywater Reuse and Disposal Systems

(1) Responsibility to comply with rules. Any person owning or operating a graywater reuse and disposal system must ensure that the graywater is used only in accordance with the rules in this division.

(2) Permit required. A person may not construct, install or operate a graywater reuse and disposal system unless authorized by a permit issued by the department under OAR chapter 340, division 45.

(a) A person owning a property with a graywater reuse and disposal system must obtain a permit as specified under OAR 340-053-0100 to operate the system or must abandon the system as specified under OAR 340-053-0100.

(b) On the transfer of a property with a graywater reuse and disposal system, the person releasing claim to the property must notify the receiving person that a graywater reuse and disposal system is present.

(3) Beneficial purpose. A person must only use graywater for beneficial purposes as specified for the applicable levels of treatment described in OAR 340-053-0090.

(4) Prohibited use for human consumption. A person may not use graywater for drinking, personal hygiene bathing, showering, cooking, dishwashing or maintaining oral hygiene regardless of the level of treatment, unless approved in writing by the department and with written approval from the Oregon Health Authority.

(5) Connection to a wastewater disposal system. Unless authorized by the department in a permit issued under OAR 340-053-0110(2) or 340-071-0162, a person may not construct, install or operate a graywater reuse and disposal system unless the system is connected to an approved sewerage system or a functioning onsite wastewater treatment system approved under OAR 340-071.

(6) Surface and stormwater discharges prohibited. A person may not allow graywater to discharge to surface waters of the state, a municipal separate storm sewer system (MS4), an industrial stormwater system or a stormwater management structure.

(7) Groundwater protection. The department will not authorize a graywater reuse and disposal system for use unless the groundwater quality protection requirements in OAR chapter 340, division 40 are met. The requirements in OAR chapter 340, division 40 are presumed to be met if the graywater is applied in a manner and at a rate that minimizes the movement of contaminants to groundwater and does not adversely impact groundwater quality. If the use of graywater occurs in a designated groundwater management area declared under ORS 468B.180, a wellhead protection area established under OAR 340-040-0140 through 340-040-0210, or a geographic region identified in an area wide aquifer management plan established by OAR 340-040-0070, the department may require additional conditions to be met.

(8) Graywater limitations. A person must divert the following wastewaters to an approved sewerage system, a functioning onsite wastewater treatment system or holding tank system approved under OAR 340-071:

(a) Wastewater originating from kitchen sinks that has not passed through primary graywater treatment;

(b) Wastewater from dishwashers or garbage disposals or both;

(c) Wastewater resulting from the washing of soiled diapers or other similarly infectious or soiled materials; and

(d) Wastewater containing residual waste from activities such as, but not limited to, cleaning of oily rags; rinsing of paint brushes; disposal of pesticides, herbicides, or other chemicals; or disposal of waste solutions from hobbyist activities like home photo labs.

(9) Waste strength limitations. A person may not divert graywater from an onsite wastewater treatment system if the resulting septic tank effluent concentration exceeds the criteria for residential strength wastewater as defined in OAR 340-071-0100. If the resulting septic tank effluent concentration does exceed the criteria for residential strength wastewater, the owner or operator of the graywater reuse and disposal system must take appropriate measures to reduce the septic tank effluent waste strength, such as but not limited to reducing the amount of graywater diverted from the onsite wastewater treatment system.

(10) Graywater reuse and disposal system design flow. A person must design a graywater reuse and disposal system to treat, store or use the volume of graywater needed for the intended beneficial purpose or purposes. Graywater in excess of the design flow must be diverted to an approved sewerage system, or a functioning onsite wastewater treatment system or holding tank system approved under OAR 340-071. The department will use the design flows in Table 1 to determine the appropriate graywater reuse and disposal system permit and may require a person to use the graywater flow volumes in Table 1 in the design of a graywater reuse and disposal system.

(11) System design plan. The owner or operator of a graywater reuse and disposal system must have and maintain a written system design plan and must transfer it to the new owner or operator on property transfer.

(a) The system design plan must include, but is not limited to, the following information:

(A) Location of the system;

(B) Fixtures that are the source of graywater;

(C) Design flow of the graywater reuse and disposal system;

(D) Design of the distribution and reuse system;

(E) Description of any graywater treatment system used;

(F) Beneficial purposes; and

(G) Name and contact information for the person responsible for the design of the system.

(b) For graywater reuse and disposal systems producing greater than 300 gallons per day for irrigation, the system design plan must include the irrigation design, including but not limited to, pipe and valve sizes, discharge areas and rates.

(12) Operation and maintenance. The owner or operator of a graywater reuse and disposal system must operate and maintain the system in compliance with all permit conditions and applicable requirements of this division.

(13) Operation and maintenance manual.

(a) The owner or operator of a graywater reuse and disposal system must maintain a written operation and maintenance manual that includes, but is not limited to, the following:

(A) A detailed description of the graywater system, including any graywater treatment;

(B) A detailed description of any activities required to operate and maintain the system;

(C) If monitoring is required by the rules of this division, graywater monitoring procedures; and

(D) If required by the rules of this division, a description of how the public and personnel at the use area will be notified of graywater use.

(b) On the transfer of a property with a graywater reuse and disposal system, the person releasing claim to the property must ensure the operation and maintenance manual remains with the system.

(14) Reporting. When required by permit or the rules of this division, the owner or operator of a graywater reuse and disposal system must submit an annual report to the department with a certification statement that during the previous year, the system was operated in compliance with the rules of this division and the permit limits and conditions for graywater reuse. At minimum, the report must also include a description of the operation and maintenance of the system, including any required monitoring results.

(a) The annual report must be received by the department by the date specified in the permit.

(b) If the department does not receive an annual report by the date specified in the permit, the owner or operator of a graywater reuse and disposal system must pay a penalty fee equal to the annual fee specified in OAR 340-045-0070.

(15) Graywater irrigation site evaluation. A person must evaluate and ensure that a graywater irrigation site meets the irrigation site selection and management requirements specified in OAR 340-053-0090. When required by the rules of this division, a person must submit to the department for review and approval a site evaluation report including, but not limited to, the following site information:

(a) A diagram of the property receiving graywater showing:

(A) Area and slope of the graywater reuse area;

(B) Surface streams, springs or other bodies of water;

(C) Onsite wastewater treatment systems;

(D) Stormwater management structures or stormwater collection systems;

(E) Existing and proposed wells;

(F) Escarpments, cuts and fills; and

(G) Any unstable landforms;

(b) Parcel size;

(c) Soil profile descriptions, including water infiltration rates;

(d) Water table levels;

(e) Description of vegetation in the reuse area;

(f) Evapotranspiration rates for the vegetation during the period of use; and

(g) Any other observations or information relevant to the evaluation of the graywater irrigation site, including offsite features, as appropriate.

(16) Property lines crossed. A person may reuse graywater only on the property on which it was generated, unless all of the following conditions are met:

(a) Both the person generating graywater and the person reusing graywater agree to reuse graywater in accordance with the rules in this division.

(b) A written agreement exists and is being honored between the person generating graywater and the person who owns the property where graywater reuse occurs.

(c) The state’s officers, agents, employees and representatives are allowed access to enter and inspect all portions of the graywater reuse and disposal system, regardless of location.

(17) Land use evaluation. A person is not required to obtain a land use compatibility statement (LUCS) signed by the local planning agency for a graywater reuse and disposal system producing less than 1,200 gallons per day if the system is connected to an approved sewerage system or an onsite wastewater treatment system approved under OAR 340-071.

(18) Additional permit limitations and conditions. The department may include additional permit limitations or conditions to protect public health or the environment.

Stat. Auth.: ORS 454.610, 454.625, 468.020, & 468B.010

Stats. Implemented: ORS 454.610, 454.615, 468B.020 & 468B.050

Hist.: DEQ 15-2011, f. & cert. ef. 9-12-11

340-053-0090

Graywater Quality and Standards for Reuse

(1) All graywater. Unless otherwise approved by the department in writing, the following requirements apply to all types of graywater:

(a) Beneficial purposes.

(A) A person may use graywater only for the beneficial purposes described in this rule and must divert graywater not suitable for reuse or graywater exceeding the volume required for a beneficial purpose to an approved sewerage system, or a functioning onsite wastewater treatment system or holding tank system approved under OAR 340-071.

(B) A person may request an alternative beneficial purpose not specified in this rule and must demonstrate to the department’s satisfaction that public health and the environment would be adequately protected. The department, in a permit issued under OAR 340-053-0110(2), will include limitations or conditions or both necessary to protect public health and the environment.

(b) Treatment. All graywater originating from kitchen sinks must pass through primary graywater treatment.

(c) Setback distances.

(A) Except as otherwise allowed under this rule, a person may not operate a graywater reuse and disposal system unless it is designed and installed to meet the minimum horizontal separation distances in Table 2.

(B) On a case-by-case basis, the department may consider and approve in a permit issued under OAR 340-053-0110(2) a setback distance other than what is required in this rule. A person requesting a reduced setback distance must demonstrate to the department’s satisfaction that public health and the environment would be adequately protected.

(d) Access and exposure. The owner or operator of a graywater reuse and disposal system must take all reasonable steps to ensure that contact with graywater by humans and domestic pets is avoided.

(e) Irrigation site selection and management. The owner or operator of a graywater reuse and disposal system may not use graywater for irrigation unless the following requirements are satisfied:

(A) Irrigation sites must be located on stable geologic formations that are not subject to flooding or excessive runoff from adjacent land at the time of irrigation.

(B) Graywater must not be applied to areas with slopes exceeding 45 percent.

(C) Graywater must not be discharged to frozen or saturated soils.

(D) At the time of irrigation, the minimum separation distance between the point of graywater discharge and the groundwater must be at least four feet.

(E) Irrigation may occur only when evapotranspiration rates exceed natural precipitation.

(F) The soil and vegetation in the irrigation area must have capacity to accommodate the volume and rate of graywater applied so that discharge to surface water or groundwater does not occur.

(2) Type 1 graywater. In addition to the requirements in section 1 of this rule, the following requirements apply to the use of Type 1 graywater:

(a) Beneficial purposes. A person may use Type 1 graywater only for the following beneficial purposes and only if the rules of this division are met:

(A) Subsurface irrigation of gardens, lawns and landscape plants;

(B) Subsurface irrigation of food crops, except root crops or crops that have edible portions that contact graywater;

(C) Subsurface irrigation of vegetated roofs that do not drain to stormwater management structures; and

(D) Subsurface irrigation of compost.

(b) Treatment. Type 1 graywater is presumed to contain dissolved oxygen if it has been stored 24 hours or less and does not have an objectionable odor.

(c) Access and exposure. A person may not use Type 1 graywater for subsurface irrigation unless the point of graywater discharge is covered by at least two inches of soil, mulch, compost or other suitable material.

(d) Site management. A person may use Type 1 graywater only if the following site management requirements are met:

(A) Type 1 graywater must not be stored for more than 24 hours.

(B) When irrigating a parcel for the production of a food crop, the edible portion of the crop must not contact the graywater, and fruit or nuts must not be harvested off the ground for human consumption.

(C) Graywater must not surface, pond or runoff.

(3) Type 2 graywater. In addition to the requirements listed in section 1 of this rule, the following requirements apply to the use of Type 2 graywater:

(a) Beneficial purposes. A person may use Type 2 graywater only for the following beneficial purposes and only if the rules of this division are met:

(A) Any beneficial purpose defined in subsection (2)(a) of this rule;

(B) Landscape ponds not intended for human contact; and

(C) Surface drip irrigation of gardens, lawns, living walls, greenhouses and landscape plants.

(b) Treatment. Type 2 graywater must meet the following secondary graywater treatment criteria:

(A) A five-day biochemical oxygen demand concentration of 10 mg/L or less and

(B) A total suspended solids concentration of 10 mg/L or less.

(c) Monitoring. The owner or operator of a graywater reuse and disposal system must monitor Type 2 graywater as follows:

(A) Analysis of graywater quality must be made on a sample collected at a time and from a location representative of the quality of graywater produced. Monitoring for five-day biochemical oxygen demand and total suspended solids must occur at the following frequencies:

(i) A system producing 300 gallons per day or less must be sampled at least one time per calendar year.

(ii) A system producing greater than 300 gallons per day must be sampled at least two times per calendar year.

(B) The department may reduce monitoring requirements for a technology-based graywater treatment system that satisfies the requirement of OAR 340-053-0100(2)(a) and is used as specified by the manufacturer.

(d) Access and exposure. A person may not use Type 2 graywater unless the public is restricted from direct contact with the graywater.

(e) Site management practices. A person may not use Type 2 graywater unless the following site management requirements are met:

(A) When irrigating a parcel for the production of a food crop, the edible portion of the crop must not contact the graywater, and fruit or nuts must not be harvested off the ground for human consumption.

(B) When using graywater on a parcel for a surface irrigation or a landscape pond, signs must be posted at the use area and be visible to the public. The signs must state graywater is used and is not safe for drinking.

(C) Unless authorized by the department in a permit issued under OAR 340-053-0110(2), when using graywater for a landscape pond, the pond must not combine or effect a junction with underground waters.

(4) Type 3 graywater. In addition to the requirements listed in section 1 of this rule, the following requirements apply to the use of Type 3 graywater:

(a) Beneficial purposes. A person may use Type 3 graywater for the following beneficial purposes and only if the rules of this division are met:

(A) Any beneficial purpose defined in subsection (3)(a) of this rule;

(B) Sprinkler irrigation of gardens, lawns, living walls, greenhouses and landscape plants;

(C) Wash water for mechanical cleaning of equipment, cars, sidewalks and streets;

(D) Industrial, commercial or constructions uses limited to industrial cooling, rock crushing, aggregate washing, mixing concrete and dust control; and

(E) Stand-alone fire suppressions system in commercial and residential buildings, toilet or urinal flushing, or floor drain trap priming.

(b) Treatment. Type 3 graywater must meet the following criteria:

(A) Secondary Treatment. Prior to disinfection, graywater must meet the secondary treatment criteria in subsection (3)(b) of this rule.

(B) Disinfection. After disinfection, graywater must not exceed a median of 2.2 total coliform organisms per 100 milliliters, based on results of the last seven days that analyses have been completed, and 23 total coliform organisms per 100 milliliters in any single sample.

(c) Monitoring. The owner or operator of a graywater reuse and disposal system must monitor Type 3 graywater as follows:

(A) Graywater analyses must be performed on a representative sample collected at a time and from a location representative of the quality of graywater produced.

(B) Monitoring for secondary treatment criteria must occur, at a minimum, at the frequency prescribed in subsection (3)(c) of this rule.

(C) Monitoring of a graywater disinfection system for total coliform organisms must occur three times per week at a minimum.

(d) Setback distances. In addition to the setback distance requirements listed in subsection (1)(c) of this rule, a person may use Type 3 graywater for sprinkler irrigation only if the following setback distances are followed:

(A) There must be a minimum of 10 feet from the edge of the site used for irrigation and the site property line.

(B) Graywater must not be sprayed within 10 feet of an area where food is being prepared or served, or where a drinking fountain is located.

(e) Access and exposure. A person may use Type 3 graywater only if the following access and exposure requirements are met:

(A) During irrigation of a public landscape, the public must be restricted from direct contact with the graywater.

(B) If aerosols are generated when using graywater for an industrial, commercial or construction purpose, the aerosols must not create a public health hazard.

(C) When using graywater for an agricultural or horticultural purpose where sprinkler irrigation is used, or an industrial, commercial or construction purpose, the public and personnel at the use area must be notified that the water used is graywater and is not safe for drinking. The operations and maintenance plan must specify how notification will be provided.

(f) Site management practices. A person may use Type 3 graywater only if the following requirements are met:

(A) Irrigation of processed food crops where the edible portion of the plant is in contact with graywater is prohibited for three days before harvesting.

(B) When using graywater for a landscape impoundment or for irrigating a public-accessible area such as, but not limited to, a golf course, park, cemetery, highway median, or industrial or business campus, signs must be posted at the use area and be visible to the public. The signs must state graywater is used and is not safe for drinking.

(C) Unless authorized by the department in a permit issued under OAR 340-053-0110(2), when using graywater for a landscape pond, the pond must not combine or effect a junction with underground waters.

(D) Aerator or decorative fixtures that may generate aerosols from graywater are allowed only if authorized in writing by the department.

Stat. Auth.: ORS 454.610, 454.625, 468.020, & 468B.010

Stats. Implemented: ORS 454.610, 454.615, 468B.020 & 468B.050

Hist.: DEQ 15-2011, f. & cert. ef. 9-12-11

340-053-0100

Graywater Reuse and Disposal System Design and Construction Standards

(1) Graywater collection system. A person may not install a graywater collection system unless it complies with the following requirements:

(a) All pipes, valves and other plumbing appurtenances of the graywater collection system must comply with the requirements of the Oregon Plumbing Specialty Code.

(b) Unless otherwise approved in writing by the department, a warning sign must be must be visible at each fixture from which graywater is diverted in a nonresidential building. The signs must notify the employees and public that water from the fixture is reused and that chemicals, petroleum oils and hazardous materials must not be disposed down the drain.

(2) Treatment system. In order to meet the rules of this division for Type 2 and Type 3 graywater, a person may install a graywater treatment system that meets one of the following requirements:

(a) A technology-based graywater treatment system that bears the appropriate graywater product standard seal of approval from the American National Standards Institute (ANSI), the International Association of Plumbing and Mechanical Officials (IAPMO), the Canadian Standards Association (CSA), or any other standard setting body recognized by both the department and the Oregon Department of Business Services, Building Codes Division, to establish graywater product standard requirements.

(b) A performance-based treatment system capable of meeting the treatment requirements in OAR 340-053-0090(3)(b) or 340-053-0090(4)(b).

(3) Diversion valve. A person may not install a graywater reuse and disposal system unless the system has a graywater diversion valve that allows graywater flow to be directed between beneficial reuse and either an approved sewerage system, or a functioning onsite wastewater treatment system or holding tank system approved under OAR 340-071. The graywater diversion valve must be readily accessible and clearly labelled. The diversion valve must be constructed of material that is durable, corrosion resistant, watertight and designed to accommodate the inlet and outlet pipes in a secure and watertight manner.

(4) Cross connection control. A person may not install a direct-connection between a potable water supply system and graywater reuse and disposal system. The department may authorize in writing the discharge of potable water to a graywater reuse and disposal system that uses an air gap separation or other back flow prevention device allowed under Oregon Plumbing Specialty Code and has been permitted by the community water system having jurisdiction.

(5) Storage and surge tanks. A person may install a graywater reuse and disposal system storage or surge tank only if it is:

(a) Sized to accommodate peak graywater flow;

(b) Fitted with controls to limit access to humans, domestic pets and vectors;

(c) Installed below ground on level, well-compacted soil, or above ground on a level, stable footing, per the manufacturer’s installation instructions;

(d) Equipped with an antibuoyancy device, if installed below ground where high groundwater could dislodge the tank;

(e) Designed to prevent overturning, if installed above ground;

(f) Labelled with “Caution — Nonpotable Water — Not Safe to Drink” to identify it as containing nonpotable water; and

(g) Fitted with an overflow drain with a diameter at least equal to that of the inlet that flows by gravity to an approved sewerage system, or a functioning onsite wastewater treatment system or holding tank system approved under OAR 340-071. The overflow drain must not be equipped with a shutoff valve.

(6) Distribution system. A person may not install a graywater reuse and disposal system unless the distribution system, excluding irrigation components, satisfies the following requirements:

(a) All piping and other plumbing components must be listed by an ANSI accredited product listing program.

(b) System components must be properly identified as to the manufacturer.

(c) Installation must conform to the equipment and installation methods identified by the manufacturer and product listing.

(d) All exterior graywater piping, valves and other graywater equipment must be marked or labelled to identify it as containing nonpotable water. All exterior piping and tanks must be labelled: “Caution — Nonpotable Water — Not Safe to Drink.”

(7) Irrigation system. A person installing a graywater irrigation system must ensure the irrigation components are marked or labeled as containing nonpotable water and meet the irrigation specifications in the system design plan.

(8) Graywater reuse and disposal system abandonment. A person abandoning a graywater reuse and disposal system must remove the graywater diversion valve and direct all graywater flow to an approved sewerage system or an onsite wastewater treatment system approved under OAR 340-071.

Stat. Auth.: ORS 454.610, 454.625, 468.020, & 468B.010

Stats. Implemented: ORS 454.610, 454.615, 468B.020 & 468B.050

Hist.: DEQ 15-2011, f. & cert. ef. 9-12-11

340-053-0110

Permit Requirements for Graywater Reuse and Disposal Systems

(1) Graywater reuse and disposal system WPCF general permits. Under OAR 340-045-0033, the department may issue general permits for certain categories of minor discharge sources or minor activities where individual WPCF permits are not necessary to adequately protect public health or the environment. The department will use the following categories when issuing a graywater reuse and disposal system WPCF general permit:

(a) Tier 1 graywater reuse and disposal system WPCF general permit.

(A) A graywater reuse and disposal system meeting the following criteria is eligible for coverage under a Tier 1 graywater reuse and disposal system WPCF general permit unless a specific geographic area graywater reuse and disposal system WPCF general permit is required:

(i) Total graywater flow must not exceed 300 gallons per day;

(ii) Graywater must only originate from a single family residence or residential duplex; and

(iii) The system produces Type 1 graywater used only for subsurface irrigation.

(B) A person requesting coverage under a Tier 1 graywater reuse and disposal system general permit must apply for permit coverage as directed by the general permit and pay fees as specified in OAR 340-045-0070.

(C) Except in years when the Tier 1 graywater reuse and disposal system WPCF general permit is renewed, the department will waive or reduce the annual fee specified in OAR 340-045-0070 if an annual report for the previous year meeting the requirements of OAR 340-053-0080(14) is submitted timely to the department on a department-approved form.

(b) Tier 2 graywater reuse and disposal system WPCF general permit.

(A) A graywater reuse and disposal system meeting the following criteria is eligible for coverage under a Tier 2 graywater reuse and disposal system WPCF general permit unless a specific geographic area graywater reuse and disposal system WPCF general permit is required:

(i) Total graywater flow must not exceed 1,200 gallons per day;

(ii) Graywater originates from any residential, commercial or institutional structure; and

(iii) The system only produces Type 1 or Type 2 graywater.

(B) A person requesting coverage under a Tier 2 graywater reuse and disposal system WPCF general permit must apply for permit coverage as directed by the general permit and pay fees as specified in OAR 340-045-0070. In addition, the following information is required:

(i) A system design plan meeting the requirements of OAR 340-053-0080(11);

(ii) An operations and maintenance manual meeting the requirements of OAR 340-053-0080(13);

(iii) A site evaluation report meeting the requirements of OAR 340-053-0080(15);

(iv) For a system using performance-based treatment, treatment system plans and specifications showing how the system will meet the requirements in OAR 340-053-0090(3)(b);

(v) For a system diverting graywater from an onsite wastewater treatment system approved under OAR 340-071, plans and specifications certified and signed by a professional engineer registered in accordance with ORS 672 or a wastewater specialist registered in accordance with ORS 700 to not result in a septic tank effluent concentration exceeding the criteria for residential strength wastewater; and

(vi) Any other information requested by the department as necessary to evaluate the permit application.

(C) The owner or operator of a graywater reuse and disposal system covered under a Tier 2 permit must submit to the department an annual report meeting the requirements of OAR 340-053-0080(14) on a form approved by the department as specified in the permit.

(c) Specific geographic area graywater reuse and disposal system WPCF general permit.

(A) When necessary to protect public health or the environment, the department may issue a graywater reuse and disposal system WPCF general permit that covers a specific geographic area.

(B) A person required to be covered under a graywater reuse and disposal system WPCF general permit for a specific geographic area must apply for permit coverage as directed by the geographic area graywater reuse and disposal system WPCF general permit.

(C) Except in years when the specific geographic graywater reuse and disposal system WPCF general permit is renewed, the department may waive or reduce the annual fee specified in OAR 340-045-0070 if an annual report for the previous year meeting the requirements of OAR 340-053-0080(14) is submitted timely to the department on a department-approved form.

(2) Graywater reuse and disposal system WPCF individual permit (Tier 3 graywater reuse and disposal system WPCF individual permit).

(a) Any person seeking to obtain a permit for a graywater reuse and disposal system that is not covered by a graywater reuse and disposal system WPCF general permit or any person not wishing to be covered by a general permit may apply for a graywater reuse and disposal system WPCF individual permit issued under OAR 340-045-0037.

(b) To apply for a Tier 3 graywater reuse and disposal system WPCF individual permit or modify an existing individual permit, a person must submit the following information:

(A) An application on a form approved by the department;

(B) WPCF permit fees specified in Table 9D of OAR 340-071-0140, including the annual compliance determination fee for “Other systems with design capacities less than 20,000 gpd” or “Other systems with design capacities greater than 20,000 gpd”;

(C) A system design plan meeting the requirements of OAR 340-053-0080(11);

(D) An operations and maintenance manual meeting the requirements of OAR 340-053-0080(13);

(E) A copy of a site evaluation report meeting the requirements of OAR 340-053-0080(15);

(F) For any system producing Type 2 or Type 3 graywater, treatment system plans and specifications showing how the system will meet the requirements in OAR 340-053-0090(3)(b) for Type 2 graywater or OAR 340-053-0090(4)(b) for Type 3 graywater. For any system producing greater than 1,200 gallons per day, the plans and specifications must be signed by a professional engineer registered in accordance with ORS 672 or a wastewater specialist registered in accordance with ORS 700 and reviewed and approved in accordance with OAR chapter 340, division 52;

(G) For a system diverting graywater from an onsite wastewater treatment system approved under OAR 340-071, plans and specifications certified and signed by a professional engineer registered in accordance with ORS 672 or a wastewater specialist registered in accordance with ORS 700 to not result in a septic tank effluent concentration exceeding the criteria for residential strength wastewater as defined in OAR 340-071-0100; and

(H) Any other information requested by the department as necessary to complete the permit application.

(c) Where allowed by the rules of this division, the applicant for a Tier 3 graywater reuse and disposal system WPCF individual permit may request permit conditions different from those described in this division. The request must describe how those alternate conditions will protect public health and the environment.

(d) The department will review the information listed in subsection (3)(b) of this rule and determine permit conditions necessary to protect public health and the environment. At a minimum, permit conditions will include:

(A) The monitoring requirements in OAR 340-053-0090; and

(B) A requirement that the graywater system owner must submit an annual report to the department describing the effectiveness of the system to comply with the operations and maintenance plan, the permit limits and conditions, and the rules of this division.

(3) Program agent. The department may enter an agreement with a local government authorizing that local government to become the department’s agent for permitting graywater reuse and disposal systems, including receiving and processing applications, issuing permits, enforcing and performing required inspections. The department retains responsibility to develop specific geographic area graywater reuse and disposal system WPCF general permits and graywater reuse and disposal system WPCF individual permits.

(a) A program agent must:

(A) Agree to implement and operate a program consistent with the rules of this division;

(B) Specify their geographic area of responsibility;

(C) Submit to the department for approval a graywater program implementation plan that describes how their graywater program will meet the rules of this division;

(D) Adopt and submit to the department a fee schedule for services rendered and permits issued;

(E) Agree to forward the proceeds of a mutually established surcharge fee to the department to offset program administration and oversight costs;

(F) When appropriate for the geography, climate or other environmental considerations of a specific geographic area, request the department develop one or more geographic permits authorizing graywater discharges in the area of authorization;

(G) Provide permit applicants with information on how to apply for a permit;

(H) Review permit applications for completeness and accuracy;

(I) Approve or deny coverage under a graywater reuse and disposal system permit based on information submitted by the applicant;

(J) Review and maintain any monitoring data or annual reports or both;

(K) Maintain all records in accordance with the State Record Retention Schedule;

(L) Provide the department an annual update with information on the number of applications for coverage under a permit as well as the location of any systems with new, renewed, expired or revoked coverage; and

(M) Respond to any complaints associated with graywater discharges in their jurisdiction.

(b) The department may:

(A) Provide the agent with any necessary graywater forms or application materials;

(B) Assist the agent in reviewing applications when requested;

(C) Coordinate with the agent on renewing permit registrant coverage under newly issued general permits;

(D) Evaluate and respond to any request for a specific geographic area graywater reuse and disposal system WPCF general permit or deny the request with appropriate justification;

(E) Provide assistance, training and program guidance to the agent that ensures the program is being implemented consistently; and

(F) Provide assistance to the agent with complaint response, system inspections, and enforcement.

(c) The department and the agent must meet at least once annually to exchange information regarding permit administration, implementation, technical issues, training and program guidance.

Stat. Auth.: ORS 454.610, 454.625, 468.020, & 468B.010

Stats. Implemented: ORS 454.610, 454.615, 468B.020 & 468B.050

Hist.: DEQ 15-2011, f. & cert. ef. 9-12-11

 

Rule Caption: Underground Storage Tank Soil Matrix Cleanup service Provider and Supervisor Licensing Categories — repeal.

Adm. Order No.: DEQ 16-2011

Filed with Sec. of State: 9-12-2011

Certified to be Effective: 9-12-11

Notice Publication Date: 8-1-2011

Rules Repealed: 340-162-0005, 340-162-0010, 340-162-0020, 340-162-0025, 340-162-0030, 340-162-0035, 340-162-0040, 340-162-0150

Subject: This proposed rule would repeal the Underground Storage Tank (UST) Soil Matrix Cleanup Service Provider License and the UST Soil Matrix Supervisor License.

      • The UST Soil Matrix Cleanup Service Provider License is for businesses performing soil matrix cleanup services at regulated tank sites. The two-year license fee is $600.

      • The UST Soil Matrix Cleanup Supervisor License is for individuals performing soil matrix cleanups. Supervisors must demonstrate their knowledge of the rules by passing a qualifying examination given by the International Code Council through a professional testing company. The examination cost is $70 and the two-year license fee is $150.

Rules Coordinator: Maggie Vandehey—(503) 229-6878

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​