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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 52

REVIEW OF PLANS AND SPECIFICATIONS

340-052-0005

Purpose

The purpose of these rules is to prescribe requirements and procedures to obtain approval of plans and specifications as required by ORS 468B.055 for the construction, installation or modification of disposal systems, treatment works and sewerage systems.

Stat. Auth.: ORS 454.626, ORS 454.780 & ORS 468.020 
Stats. Implemented: ORS 468B.055 
Hist.: DEQ 3-1981, f. & ef. 2-6-81; DEQ 27-1994, f. & cert. ef. 11-15-94

340-052-0010

Definitions

As used in these rules unless otherwise required by context:

(1) "Common Sewer" is a collecting sewer, and a part of the sewerage system which either initially or ultimately will serve two or more tax lots, parcels, or ownerships which may or may not be owned or controlled by a municipality either initially or ultimately. Exception: It does not include for purposes of these rules common sewers within a Unit Ownership (Condominium) Development described in ORS 100.005 to 100.990.

(2) "Department" means the Department of Environmental Quality.

(3) "Disposal System" means a system for disposing of wastes, either by surface or underground methods, and includes municipal sewerage systems, domestic sewerage systems except on-site sewage disposal systems authorized to be constructed by a construction-installation permit issued pursuant to OAR Chapter 340, Division 71, industrial and agricultural waste systems, treatment works, disposal wells and other systems. (ORS 468B.005(1))

(4) "Industrial Waste" means any liquid, gaseous, radioactive, or solid waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business, or from the development or recovery of any natural resources. (ORS 468B.005(2))

(5) "Municipality" means any county, city, special service district or other governmental entity having authority to dispose of or treat or collect sewage, industrial wastes or other wastes, or any combination of two or more of the foregoing acting jointly. (ORS 454.010(3))

(6) "Permit" means a National Pollutant Discharge Elimination System (NPDES) permit or a Water Pollution Control Facilities (WPCF) permit as defined in OAR 340-045-0010.

(7) "Person" means the United States and any agencies thereof, any individual, public or private corporation, political subdivision, governmental agency, municipality, copartnership, association, firm, trust, estate, or any other legal entity whatever.

(8) "Pretreatment System" means a system for giving partial treatment to industrial wastes prior to being discharged to a domestic sewerage system for further treatment and ultimate disposal.

(9) "Sewage" means the water-carried human or animal waste from residences, buildings, industrial establishments, or other places together with such groundwater infiltration and surface water as may be present. The admixture with sewage of wastes or industrial wastes shall also be considered "sewage". (ORS 468B.005(4)).

(10) "Sewerage System" means pipelines or conduits, pumping stations, and force mains, and all other structures, devices, appurtenances and facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal. (ORS 468B.005(5)). Generally limited to "common sewers".

(11) "Treatment Works" means any plant or other works used for the purpose of treating, stabilizing or holding wastes, including pretreatment systems.

(12) "Wastes" means sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive, or other substances which will or may cause pollution or tend to cause pollution of any waters of the state. (ORS 468B.005(7))

Stat. Auth.: ORS 454.626, ORS 454.780 & ORS 468.020 
Stats. Implemented: ORS 468.005 & ORS 468B.005 
Hist.: DEQ 3-1981, f. & ef. 2-6-81; DEQ 22-1981, f. & ef. 9-2-81; DEQ 27-1994, f. & cert. ef. 11-15-94

340-052-0015

Submittal of Plans

Except where exempted under OAR 340-052-0040, all plans and specifications along with other data submitted for a proposed construction, installation, or modification project involving disposal systems, treatment works, sewerage systems or common sewers shall first be submitted to the Department for review. No construction, installation or modification shall be commenced until the plans and specifications submitted to the Department are approved. Plans and other information to be submitted shall constitute a complete descriptive proposal, including, but not limited to, the following:

(1) For all projects:

(a) The name of person or firm submitting the project;

(b) Project location by county and nearest city;

(c) The name of the project and/or project developer; or a written description of the project for industrial/commercial facilities;

(d) The name of the person who will own, operate and maintain the completed project;

(e) The name of the person who will provide construction engineering/inspection services and certify construction inspection under OAR 340-052-0040 for (domestic) sewage projects if other than the design engineer;

(f) At least two sets of plans and specifications. (Three sets of final bid documents shall be submitted for a project to receive EPA grant assistance.) Plans and specifications shall be complete to the extent that a contractor qualified in the type of work could be reasonably expected to construct it with minimal direction by the engineer. In accordance with ORS Chapter 672 plans and specifications shall be prepared under the supervision of and signed by a registered professional engineer unless exempted under ORS 672.060 (i.e., company engineer designing certain industrial facilities);

(g) An affirmative written statement from the appropriate jurisdiction that the proposed project for new or expanded facilities is compatible with the Land Conservation and Development Commission acknowledged local comprehensive plan, ordinances and zoning requirements or Land Conservation and Development Commission statewide planning goals under ORS Chapter 197:

(A) Where the jurisdiction submitting a proposed project to the Department for approval under these rules is the sole jurisdiction that is responsible for the affirmative statement of compatibility, the Department will not require the written statement. In such case, submittal of construction plans to the Department shall be deemed evidence that the jurisdiction is in compliance with its own requirements or Land Conservation and Development Commission goals;

(B) Where more than one local jurisdiction has planning authority over the specific project, statements of compatibility from each of these jurisdictions (e.g., city, county, and regional planning jurisdictions) shall be submitted to the Department;

(C) Where special districts are proposing projects, the appropriate county and/or city would prepare such statements;

(D) Statements of compatibility for master sewerage plans or portions thereof may be submitted in advance covering area wide sewering in lieu of statements on a project-by-project basis.

(2) In addition to the submittal requirements of section (1) of this rule, the following shall be submitted with plans for treatment works, disposal systems and pretreatment systems to the extent that these pertain to the particular treatment or disposal system which is being installed or modified:

(a) The design flows, design population, and design effluent parameters;

(b) A hydraulic profile;

(c) Unit detention times, volumes, sizes, hydraulic loadings, organic loadings, solids loadings, chemical loadings, expected removal efficiencies, as appropriate;

(d) A schematic of the complete treatment works;

(e) An estimate of the personnel requirements to operate and maintain the completed treatment works;

(f) A written statement that an operation and maintenance manual for the added facilities acceptable to the owner and the Department will be prepared, the name of the person to prepare such manual and that the manual will be completed prior to start up of facilities;

(g) A detailed program for the satisfactory disposal and/or beneficial use of all collected grit, screenings, and sludges.

(3) In addition to the submittal requirements of section (1) of this rule, and excepting sewerage systems wholly designed for industrial wastes the following shall be submitted with plans for sewerage systems:

(a) Drawings for sewers shall provide complete plan and profile views which adequately describe the service conditions for the completed work;

(b) For sewers larger than eight inches in diameter, appropriate design flow shall be indicated in the plans or separately submitted. Population to be served, gallons of sewage per person per day, infiltration allowance and unavoidable inflow allowance shall be submitted to support the design flow when requested by the Department;

(c) Plans for a common sewer or a sewerage system submitted by a person other than the owner or joint owner of the treatment works must be accompanied by a statement from the treatment works owner that he agrees to provide sewer service and has sewerage system and treatment capacity to do so;

(d) For a project with a lift station, a written statement that a lift station operation and maintenance manual acceptable to the owner and the Department will be prepared, the name of the person to prepare such manual and that the manual will be completed prior to start up of each lift station.

(4) Any new owner or operator of a common domestic sewerage system, sewage treatment works or sewage disposal facility which serves or will serve a residential area shall have a realistic, long-term, management and financial plan for continuous maintenance, operation and replacement of such common facilities. Final construction plan approval cannot be given until the management and financial plan has been approved.

Stat. Auth.: ORS 468 
Stats. Implemented: ORS 468B.055 
Hist.: DEQ 3-1981, f. & ef. 2-6-81

340-052-0020

Performance Requirements and Guidelines for Technical Review

(1) The Department may use as guidelines any and all available and pertinent technical sources in reviewing plans including, but not limited to, published journals of such organizations as the Water Pollution Control Federation (W.P.C.F.), and the American Society of Civil Engineers (A.S.C.E.), technical reports, like type plant performance data, pilot plant performance data, textbooks on waste water treatment and other recommended standards as they are published.

(2) The Department shall evaluate the degree of reliability and flexibility the system may have to operate as designed, considering component breakdown likelihood, waste water quantity and strength variations, alternate modes of operation, permit requirements, water quality needs and minimum design criteria for treatment and control of wastes in the statewide Water Quality Management Plan (OAR Chapter 340, Division 41).

(3) Sewerage systems except those wholly designed for industrial wastes shall be technically evaluated in conformance with minimum Requirements and Guidelines of the Appen-dices. TheRequirements are mandatory. The Guidelines side of these appendices contain minimum design recommendations and are intended to supplement and implement the mandatory Requirements.

(4) Designs shall conform to rules of the Department including but not limited to water, air, noise and solid waste.

[ED. NOTE: The Appendices referenced in the above rule are available from the agency.]

Stat. Auth.: ORS 468 
Stats. Implemented: ORS 468B.055 
Hist.: DEQ 3-1981, f. & ef. 2-6-81; DEQ 22-1981, f. & ef. 9-2-81

340-052-0025

Approval of Plans

(1) Approval of plans shall be in writing.

(2) Final review of plans will commence upon receipt of all appropriate and required submittal data and shall be completed within a reasonable period of time commensurate with the nature and complexity of the project.

(3) Approval may be provisional.

(4) Approval of plans may be deferred pending satisfaction of other requirements including but not limited to:

(a) Issuance of either a WPCF or a NPDES permit;

(b) Obtaining a surety bond or substitute as may be required by ORS 454.425.

Stat. Auth.: ORS 468 
Stats. Implemented: ORS 468B.055 
Hist.: DEQ 3-1981, f. & ef. 2-6-81

340-052-0030

Meaning of Approval

Approval of plans means that the Department has reviewed favorably the estimates, assumptions and the design presented in the specific project plans for reasonableness and practicality consistent with process technology and for the likelihood that the project may, if operated and maintained as proposed, achieve or maintain the desired result. Plan approval by the Department does not warrant that the facility will meet expectations. Plan approval does not negate the responsibility of the owner to provide additional facilities should the completed work fail to achieve design effluent parameters, unforeseen water quality violations occur, other operational problems develop, or treatment standards or requirements change. Review of nonprocess related aspects of the plans will be cursory, if reviewed at all, and not meant to assure adequacy of nonprocess related aspects of the design.

Stat. Auth.: ORS 468 
Stats. Implemented: ORS 468B.055 
Hist.: DEQ 3-1981, f. & ef. 2-6-81

340-052-0035

Rejection of Plans

The Department may reject plans for any one of the following causes:

(1) Submittal data is incomplete.

(2) Performance Requirements and Guidelines of OAR 340-052-0020 are not reasonably adhered to.

(3) The plans fail to provide for such flexibility and reliability as to:

(a) Preclude violation of either a permit or water quality standards; or

(b) Provide reasonable assurance that the system can be operated and maintained on a continuous basis.

(4) The project includes a planned discharge of raw or inadequately treated waste which reasonably can be prevented.

(5) Roof, surface, foundation, footing or other groundwater drains are to be connected to the municipal sewerage system.

(6) The plans are determined to be inadequate to reliably and consistently achieve permit effluent limitations or to correct water, air, noise, solid waste, or public health problems.

(7) The financing plan for sewerage facilities treatment works, or disposal systems does not provide reasonable assurance of adequate funding for continuing maintenance, operation, and replacement.

(8) Affirmative statement of land use compatibility determination is not made in accordance with OAR 340-052-0015(1)(g). The Department will notify the plan submitter in writing of reasons for the rejection or deferral of final review of plans.

Stat. Auth.: ORS 468 
Stats. Implemented: ORS 468B.055 
Hist.: DEQ 3-1981, f. & ef. 2-6-81

340-052-0040

Responsibility of Treatment Works Owners, Designs Engineers and Developers After Approval of Plans for (Domestic) Sewage Projects

(1) Construction of all projects must be in accordance with the project plans and specifications approved by the Department. No substantial change in or deviation from such plans and specifications shall be made without the prior written approval of the Department, which shall make the final determination whether or not a change or deviation is in fact substantial.

(2) The owner of the sewerage system (generally a municipality) as recipient of any construction work on its system has a vested responsibility to review and approve project plans prior to the start of construction. Department approval of plans under these rules does not preclude the right and responsibility of review and approval by the owner. The owner may adopt more stringent construction standards and impose special conditions for sewer use, service connection, and related activities. Department approval of plans in such cases is contingent upon similar approval by the owner. Submittal of plans to the Department through the owner and prior approval of plans by the owner is encouraged.

(3) Inspection and certification of proper construction shall be governed by the following provisions:

(a) The construction of all sewerage projects shall be under the supervision of and shall be thoroughly inspected by the design engineer or his authorized representative, unless relieved under subsection (b) of this section. At the completion of the project, he shall certify in writing to the owner and the Department that such construction was inspected by him and found to be in accordance with the plans and specifications, including any changes therein approved by the Department. Nothing in the foregoing exempts an owner from monitoring the project for conformance to require-ments and performing supplementary inspections or prevents an owner's qualified staff from assuming responsibility for inspection and certification;

(b) If the design engineer is to have no further involvement or have limited involvement with the project after obtaining Department approval of plans, he must so notify the Department, the owner, and the developer upon submittal of plans or immediately upon being disassociated or limited in control over materials or workmanship within the project. (Nothing precludes either the owner or the developer from giving such notice if this is more appropriate). Thereupon, if the project is to continue on to construction, the owner shall assume necessary responsibility for satisfactory construction of the project in accordance with the approved plans. He shall employ or apply such construction engineering/inspection services as appropriate for the project. The owner shall thereupon certify in accordance with subsection (a) of this section. No project shall proceed to construction without adequate and capable construction engineering/inspection services. (This assumption of construction engineering/inspection services responsibility by the owner does not necessarily relieve the design engineer of design responsibility);

(c) Sewerage system integrity and watertightness is the system owner's ultimate responsibility. He shall monitor all private sewer construction and control all common sewer construction in the sewerage system to the extent necessary to this end.

(4) An appropriate final operation and maintenance manual, approved by the Department shall be prepared and submitted to the owner by the design engineer for all treatment works, disposal systems, and list stations prior to start up of such facilities.

Stat. Auth.: ORS 454.626, ORS 454.780 & ORS 468.020 
Stats. Implemented: ORS 468B.055 
Hist.: DEQ 3-1981, f. & ef. 2-6-81; DEQ 27-1994, f. & cert. ef. 11-15-94

340-052-0045

Exemption From Plan Submittal to the Department

(1) The Department may exempt in writing collection sewer projects from submittal to the Department on an owner-by-owner basis subject to provisions it may find necessary including, but not limited to, all of the following:

(a) The owner requests such an exemption;

(b) The owner is a municipality;

(c) The owner has adequate responsible, professional staff including a registered professional engineer with review authority binding upon the design engineer, or the owner ensures in writing that projects will be reviewed by a registered professional engineer not associated with the project;

(d) The owner submits a copy of all specifications and standards by which sewerage system construction will comply and agrees to submit all subsequent changes thereto;

(e) The owner submits a current master plan for sewer service;

(f) The owner agrees in writing to approve and construct sewerage systems in conformance with rules of the Department, the owner's published standards, and terms of their permit.

(2) The Department may exempt in writing projects for the treatment and disposal of domestic wastewater on an owner-by-owner basis for all municipalities 30,000 or larger in population, subject to provisions it may find necessary, including but not limited to, all of the following:

(a) The owner requests such an exemption in writing;

(b) The owner has adequate, professional staff experienced in the design and inspection of complex sanitary engineering projects, including a registered professional engineer with review authority binding upon the design engineer;

(c) The owner agrees to submit all facilities plans and pre-design reports to the Department for review and approval in accordance with the Department's guidelines;

(d) The owner agrees to submit a copy of the as-built plans on completion of construction, and will ensure that the design and construction of facilities comply with rules of the Department, the approved facilities plan and applicable predesign reports and terms of their permit.

(3) The Department may exempt in writing projects for the treatment and disposal of domestic wastewater on an owner-by-owner basis for all municipalities less than 30,000 in population and classified by the Department as major domestic facilities, subject to provisions it may find necessary, including but not limited to, all of the following:

(a) The owner requests such an exemption in writing;

(b) The owner agrees to submit a written report for Department review and approval demonstrating technical and managerial expertise in planning and constructing wastewater treatment and disposal facilities. The report must include but is not limited to the following:

(A) Demonstration of adequate, professional staff experienced in the design and inspection of complex sanitary engineering projects, including a registered professional engineer with review authority binding upon the design engineer;

(B) History of compliance with permit conditions;

(C) Demonstration of project technical support capability.

(c) The owner agrees to submit all facilities plans and pre-design reports to the Department for review and approval in accordance with the Department's guidelines;

(d) The owner agrees to submit a copy of the as-built plans on completion of construction, and will ensure that the design and construction of facilities comply with rules of the Department, the approved facilities plan and applicable predesign reports and terms of their permit.

(4) The Department may exempt in writing projects for the treatment and disposal of industrial wastewater on an owner-by-owner basis subject to provisions it may find necessary, including but not limited to, all of the following:

(a) The owner requests such an exemption in writing;

(b) The owner has adequate, professional staff experienced in the design and inspection of complex industrial engineering and wastewater treatment and disposal projects, including a registered professional engineer with review authority binding upon the design engineer;

(c) The owner agrees to submit all engineering feasibility studies and pre-design or preliminary engineering reports to the Department for review and approval if the Department requests such reports;

(d) The owner agrees to notify the Department in writing prior to the construction or installation of new or changed wastewater treatment or disposal facilities or components, and will ensure that the design and construction of facilities comply with rules of the Department, the applicable engineering feasibility studies and predesign or preliminary engineering reports, and terms of their permit.

(5) The Department may exempt submittal of plans for industrial waste pretreatment systems where the municipality receiving the industrial waste has competent review staff and is making those plan reviews.

(6) Small ponds used for cooling purposes or for the treatment and disposal of turbid wastewaters associated with gravel mining operations, placer mining operations, or stormwater control systems are exempt from plan submittal under the following conditions:

(a) The pond will not have a dam or dike more than five (5) feet in height or have a surface area of more than 20,000 square feet; and

(b) Groundwater will be adequately protected without the need for an artificial liner; and

(c) No toxic chemicals or industrial wastewater other than cooling water, turbid waters, or turbid waters mixed with non-toxic coagulants will be discharged to the facility;

(d) Disposal will be by recirculation, evaporation, and seepage with no direct discharge to surface waters.

(7) Small oil/water gravity separators are exempt, if they are designed to meet an effluent limit of no more than 10 milligrams per liter oil and grease and are designed to treat no more than 50 gallons per minute.

(8) The Department may exempt other facilities where it has been determined that adequate review is conducted by another state agency and the Department's review would be redundant.

(9) The Department may exempt from submittal of plans minor modifications to existing facilities where the change will not significantly affect the operation of the treatment or disposal system. Notification to the Department of each such minor modification is required, however, in order to qualify for such exemption.

(10) The Department may cancel in writing an exemption for cause or changes in circumstances.

Stat. Auth.: ORS 468.020 
Stats. Implemented.: ORS 468B.055 
Hist.: DEQ 3-1981, f. & ef. 2-6-81; DEQ 21-1990, f. & cert. ef. 7-6-90; DEQ 3-1999, f. & cert. ef. 2-5-99

340-052-0050

Treatment Works and Sewerage Systems Utilizing New or Unproven Technology

The Department encourages the development of new technology and will approve plans of such provided adequate documentation is submitted. The burden of proof for demonstrating new processes, treatment systems, and technologies lies with the design engineer. Documented case histories where any such new application has been successfully and similarly demonstrated or operated on a full scale basis shall be submitted. Demonstrations shall be at other than bench scale and shall be at field conditions such that the prototype information can be validly scaled up to a working facility. Experimental data need not be acquired solely from actual permanent operating facilities. For all such proposals, contingency plans shall be presented which will assure that in event of failure, public health and water quality would be protected.

Stat. Auth.: ORS 468 
Stats. Implemented: ORS 468B.055 
Hist.: DEQ 3-1981, f. & ef. 2-6-81

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