1. (1) The system owner must ensure a failing system is immediately repaired unless, in the opinion of the agent, adverse soil conditions resulting from climatic conditions would likely preclude a successful repair. In that circumstance, the agent may allow a delay in commencing or completing repairs until the soil conditions improve. If the agent authorizes a delay, the agent must issue a notice of noncompliance to the system owner specifying a compliance date and any interim provisions required to prevent a public health hazard and protect public waters.
2. (2) Except for emergency repairs, a person may not repair a failing system without first obtaining a repair permit under this rule. A person may make emergency repairs without first obtaining a permit if a repair permit application is submitted to the agent within three working days after the emergency repairs are begun. The permit application procedure is described in OAR 340-071-0160.
3. (3) Repairs for properties located within a city limit, urban growth boundary, or sanitary district or equivalent, including emergency repairs, must obtain a written statement from the sewer authority confirming a community or area-wide sewerage is not available prior to repairing a failing system.
4. (4) Certificate of Satisfactory Completion. Upon completion of installation of that part of a system for which a repair permit was issued, the system installer must comply with the requirements for pre-cover inspections in OAR 340-071-0170. The agent must issue or deny the Certificate of Satisfactory Completion under OAR 340-071-0175.

5. (5) Criteria for permit issuance.

   1. (a) If the site characteristics and standards in OAR 340-071-0220 can be met, the repair installation must conform to the requirements.
   2. (b) If the site characteristics or standards in OAR 340-071-0220 cannot be met, the agent may allow a reasonable repair installation to eliminate a public health hazard, including installing an alternative system as necessary.
6. (6) Notwithstanding the permit duration specified in OAR 340-071-0160(5), a permit issued under this rule may be effective for a period of less than one year from the date of issue if specified by the agent.
7. (7) System owners must decommission failing systems under OAR 340-071-0185 if the systems cannot be repaired.

Statutory/Other Authority

ORS 454.625 & 468.020

Statutes/Other Implemented

ORS 454.615, 454.655, 454.665, 454.675 & 468B.080

History

DEQ 29-2025, amend filed 10/01/2025, effective 01/01/2026
DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017
DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14
DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05
DEQ 27-1994, f. 11-15-94, cert. ef. 4-1-95
DEQ 15-1986, f. & ef. 8-6-86
DEQ 5-1982, f. & ef. 3-9-82
DEQ 10-1981, f. & ef. 3-20-81