(1) Except as otherwise provided in ORS § 454.675, without first obtaining a permit from the Department of Environmental Quality, no person shall construct or install a subsurface sewage disposal system, alternative sewage disposal system or part thereof. However, a person may undertake emergency repairs limited to replacing minor broken components of the system without first obtaining a permit.

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(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 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.

(4)(a) After receipt of an application and all requisite fees, subject to ORS § 454.685, 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.

(b) The commission may adopt rules for determining whether a community or area-wide sewerage system is available, including consideration of:

(A) The legal availability and physical availability of a sewerage system;

(B) The scope and magnitude of the proposed repairs to an existing subsurface sewage disposal system or alternative sewage disposal system;

(C) The cost of repairs to an existing subsurface sewage disposal system or alternative sewage disposal system compared to the cost of connecting to a sewerage system;

(D) Statewide planning goals; and

(E) Environmental and public health concerns associated with the proximity of seepage pits, cesspools or drainfields to wells or waters of this state.

(5)(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 (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.

(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 (2)(a) to (j);

(c) Upon request of the applicant, shall conduct a hearing in the manner provided in ORS § 454.635 (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; 2023 c.467 § 1]

Sections 2 and 3, chapter 467, Oregon Laws 2023, provide:

For purposes of ORS § 454.655 (4), the Department of Environmental Quality may not determine that a community or area-wide sewerage system is available unless the sewerage system is within 200 feet of the property to be served. [2023 c.467 § 2]

Section 2 of this 2023 Act is repealed on January 2, 2025. [2023 c.467 § 3]

(Temporary provisions relating to certain dwellings destroyed by wildfire)

Sections 3 to 5, chapter 217, Oregon Laws 2021, provide:

Section 4 of this 2021 Act is added to and made a part of ORS § 454.605 to 454.755. [2021 c.217 § 3]

(1) Notwithstanding ORS § 454.655 (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, 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]

Sections 2 and 4 of this 2021 Act are repealed on January 2, 2031. [2021 c.217 § 5]