Or. Admin. R. 340-052-0045

Current through Register Vol. 63, No. 8, August 1, 2024

Section 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.

Or. Admin. R. 340-052-0045

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

Stat. Auth.: ORS 468.020

Stats. Implemented.: ORS 468B.055