1. (1) A person may not cause or allow the installation, placement, or use of a nonwater-carried waste disposal facility without a letter of authorization or permit from the agent, except  as this section specifies.

   1. (a) Temporary-use pit privies used on farms for farm labor do not require agent approval.
   2. (b) A sewage disposal service business licensed under OAR 340-071-0600 may install portable toilets without the agent’s written approval if all other requirements of this rule except Table 8 setbacks are met.

2. (2) Nonwater-carried waste disposal facilities may be approved for temporary or limited-use areas, including but not limited to recreation parks, camp sites, farm labor camps, or construction sites, if:

   1. (a) All liquid wastes can be handled in a manner to prevent a public health hazard and to protect public waters; and
   2. (b) The separation distances in Table 8 can be met.
3. (3) Construction. Nonwater-carried waste disposal facilities must be constructed under OAR 340-073-0065 through 340-073-0075.
4. (4) Maintenance. Nonwater-carried waste disposal facilities must be maintained to prevent health hazards and polluting public waters.
5. (5) General. A person may not place water-carried sewage in nonwater-carried waste disposal facilities. The contents of nonwater-carried waste disposal facilities must be removed by a licensed sewage disposal service with a pumper license and taken to an authorized treatment site.

6. (6) Pit privy.

   1. (a) Unsealed earth-pit type privies may be approved where the highest level attained by groundwater is not closer than 4 feet below the bottom of the privy pit.
   2. (b) The privy must be constructed to prevent surface water from running into the pit.
   3. (c) When the pit becomes filled to within 16 inches of the ground surface, a new pit must be excavated and the old pit backfilled with at least 2 feet of earth.

7. (7) A person may not cause or allow the installation or use of a portable toilet unless  a valid and effective contract with a pumping service licensed under OAR 340-071-0600, covers pumping or cleaning the toilet. Each portable toilet must display the name of the pumping service responsible for servicing.

   [NOTE: All tables are found in OAR 340-071-0800.]

Statutory/Other Authority

ORS 454.625 & 468.020

Statutes/Other Implemented

ORS 454.615 & 454.775

History

DEQ 46-2017, minor correction filed 12/14/2017, effective 12/14/2017
DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017
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 9-1984, f. & ef. 5-29-84
DEQ 8-1983, f. & ef. 5-25-83
DEQ 5-1982, f. & ef. 3-9-82
DEQ 10-1981, f. & ef. 3-20-81