1. (1) Criteria for approval. Construction-installation permits may be issued for onsite systems incorporating alternative treatment technologies (ATTs) for single-family dwellings and commercial facilities if the following criteria are met:

   1. (a) DEQ has listed the ATT, including brand and model or type where applicable, for use in onsite systems pursuant to section (2) of this rule.
   2. (b) The ATT meets the performance and model selection criteria specified for the proposed use in section (4) of this rule.
   3. (c) The site meets the appropriate siting criteria in section (8) of this rule, and the agent has approved the site.
   4. (d) The owner of the property served by the onsite system incorporating the ATT has a written service contract as required in section (12) of this rule.

2. (2) ATT listing and delisting.

   1. (a) DEQ will maintain a list of ATTs that meet the performance requirements in section (3) of this rule.

   2. (b) Any person may submit an application for listing an ATT. The application must include:

      1. (A) Documentation that the ATT meets the performance requirements in section (3) of this rule;
      2. (B) Documentation that the ATT has been tested to NSF/ANSI as a class 1 or equivalent residential wastewater treatment system;
      3. (C) A guide for inspecting the ATT installation;
      4. (D) A plan for training agents on inspecting the ATT and training and certifying system installers on installing the ATT;
      5. (E) A plan for training and certifying maintenance providers on system maintenance for the ATT;
      6. (F) Documentation that the ATT complies with sections (5)-(7) and (9) of this rule; and
      7. (G) The alternative technology review fee in OAR 340-071-0140(5).
   3. (c) DEQ will approve applications to list ATTs that DEQ determines meet the performance requirements in section (3) of this rule under normal operating conditions. ATTs will be listed by brand and model or type for the treatment standards they achieve.
   4. (d) DEQ may approve ATTs that vary from standards in OAR chapter 340, division 073.

   5. (e) Beginning July 1, 2015, DEQ may remove ATTs from the list if it determines the requirements for approval in paragraph (c) of this section are no longer satisfied or if:

      1. (A) Ten percent or more of systems under 10 years of age fail;
      2. (B) The manufacturer fails to submit the annual report in paragraph (g) of this rule by the date specified by DEQ; or
      3. (C) The manufacturer fails to submit the annual compliance determination fee in OAR 340-071-0140(5) by the date specified by DEQ; or
      4. (D) The manufacturer goes out of business.

   6. (f) All ATT listings will expire on June 30, 2016 and will be removed from the list. To renew the ATT listing and remain on the list, the manufacturer of the ATT must submit an application for each ATT model by July 1, 2015. The application must include, but is not limited to:

      1. (A) A current list of each ATT sold in the State of Oregon including the model number, serial number, and the property address the ATT is located;
      2. (B) A current list of all maintenance providers the manufacturer certifies;
      3. (C) The material plan review fee in OAR 340-071-0140(5).

   7. (g) Annual manufacturer report. Unless DEQ authorizes otherwise in writing, the manufacturer must submit an annual report for each ATT model. The report must include, but is not limited to:

      1. (A) A list of each ATT sold in Oregon for the reporting period including the model number, serial number, certified maintenance provider name, status of service contract, and the property address the ATT is located;
      2. (B) A current list of all installers and maintenance providers that are certified by the manufacturer;
      3. (C) The annual compliance determination fee in OAR 340-071-0140(5).
   8. (h) Any person adversely affected by DEQ's listing or delisting decision may appeal that decision through the contested case hearing procedures in ORS Chapter 183 and OAR chapter 340, division 011.

3. (3) Performance testing and standards for listing ATTs.

   1. (a) Product testing.

      1. (A) ATTs must be tested according to the product standards and testing protocols of NSF/ANSI Standard No. 40 for residential wastewater treatment systems – 2013, NSF/ANSI Standard No. 245 for nitrogen reduction — 2012, or another NSF/ANSI protocol DEQ approves.
      2. (B) For purposes of demonstrating performance to the fecal coliform concentration in treatment standard 2, the ATT shall be followed by a nonchlorinating disinfection device that has been tested according to NSF/ANSI Standard No. 46 – 2012, or NSF/ANSI Standard No. 385, or the ATT must be tested by collecting and analyzing influent and effluent grab samples at a minimum frequency of 3 days per week and the same duration (26 consecutive weeks) and hydraulic loadings (design and stress loadings) as the NSF/ANSI sample collection requirements for the BOD5, CBOD5, and TSS parameters. The testing must be performed by an ANSI accredited, third-party testing and certification organization whose accreditation is specific to onsite wastewater treatment products, or have been studied under the La Pine National Demonstration Project.
   2. (b) Product performance. An ATT must produce effluent quality equal to or better than treatment standard 1 or 2 defined in OAR 340-071-0100.
4. (4) ATT model type and size selection. The model, type, and size of the ATT proposed for a system must be consistent with manufacturer recommendations and match the design capacity.

5. (5) Access ports.

   1. (a) At a minimum, the ATT must have ground-level access ports sized and located to facilitate installing, removing, sampling, examining, maintaining, and servicing components or compartments that require routine maintenance or inspection. Access ports must facilitate:

      1. (A) Visually inspecting and removing mechanical or electrical components;
      2. (B) Removing components that require periodic cleaning or replacement;
      3. (C) Visually inspecting and collecting samples; and
      4. (D) Removing (manual or pumping) accumulated residuals.
   2. (b) Access ports must be protected against unauthorized intrusion. Acceptable protective measures include but are not limited to padlocks or covers that can be removed only with tools.

6. (6) Malfunction, failure sensing, and signaling equipment.

   1. (a) The system must be designed to prevent untreated waste passing into the absorption field if the plant malfunctions.

   2. (b) The ATT must possess a mechanism or process capable of detecting:

      1. (A) Failure of electrical and mechanical components that are critical to the treatment process; and
      2. (B) High liquid level conditions above the normal operating specifications.

   3. (c) The ATT must possess a mechanism or process capable of notifying the system owner of failures. The mechanism must have circuits separate from pump circuits and deliver a visible and audible signal.

      1. (A) The visual alarm signal must be conspicuous at a distance of 50 feet from the system and its appurtenances.
      2. (B) The audible alarm signal strength must be between 70 and 90 dbA at 5 feet and discernible at a distance of 50 feet from the system and its appurtenances.
      3. (C) The visual and auditory signals must continue to function in the event of electrical, mechanical equipment, or hydraulic malfunction of the system. The audible signal may be disabled for service as long as the visual signal remains active while cause for the alarm is identified and alleviated.
   4. (d) A clearly visible label or plate with instructions for obtaining service must be permanently located near the failure signal.

7. (7) Data plate.

   1. (a) The ATT must have permanent and legible data plates located on:

      1. (A) The front of the electrical control box if the ATT has an electrical control box or panel; and
      2. (B) The tank, aeration equipment assembly, or riser at a location accessed during maintenance cycles and inspections.

   2. (b) Each data plate must include:

      1. (A) Manufacturer's name and address;
      2. (B) Model number;
      3. (C) Serial number (required on one data plate only);
      4. (D) Rated daily hydraulic capacity of the system; and
      5. (E) The performance expectations as determined by performance testing and evaluation.

8. (8) Siting and absorption area construction criteria.

   1. (a) ATTs approved for treatment standard 1 may be sited and sized as follows:

      1. (A) In areas with a temporary water table, as specifications for sand filters in areas with temporary groundwater in OAR 340-071-0290 require.
      2. (B) In areas with permanent groundwater, where 4 feet of separation can be maintained between the bottom of the trench and groundwater and the other criteria in OAR 340-071-0290 can be met.
      3. (C) On sites meeting criteria for standard onsite systems in OAR 340-071-0220 or for pressurized systems in OAR 340-071-0275.

   2. (b) ATTs used in conjunction with approved disinfection and approved nitrogen reduction processes and approved for treatment standard 2 may be sited and sized as follows.

      1. (A) On sites meeting the criteria for treatment standard 1 in paragraph (a) of this section.
      2. (B) In areas with a permanent water table, as specifications for sand filters in areas with a permanent water table in OAR 340-071-0290 require.
   3. (c) Any type of absorption area permitted for a sand filter system, including the gravel- less absorption method, may be permitted for an ATT system.
   4. (d) In known areas of sensitivity to nitrate-nitrogen pollution, including but not limited to coastal lakes, areas of groundwater concern, and Groundwater Management Areas, the agent may limit the use of DEQ-approved ATT models and require models that have proven to provide additional nitrogen reduction beyond the minimum standards provided under treatment standards 1 and 2, and NSF/ANSI 245 standards.
   5. (e) The agent makes a determination based on the best available science that the nutrient load from the system would not significantly degrade or pollute public waters, or create a public health hazard.

9. (9) Limited warranty. The ATT manufacturer must:

   1. (a) Warrant all components of the ATT to be free from defects in material and workmanship for a minimum of two years from the date of installation; and
   2. (b) Fulfill the terms of the warranty by repairing or exchanging any components that the manufacturer determines may be defective.
10. (10) Installation. ATTs must be installed under the manufacturer's instructions and this division. The installer must be certified by the ATT manufacturer to install the system and provide written certification to the agent that the ATT component was installed under the manufacturer's instructions and this rule.
11. (11) Sampling ports. A sampling port must be designed, constructed, and installed to provide easy access for collecting a free falling or undisturbed sample from the effluent stream. The sampling port may be located within the ATT or other system component (such as a pump chamber) if the wastewater stream being sampled is representative of the effluent stream from the ATT.
12. (12) Operation and maintenance. The operation and maintenance of an ATT system, including service contracts, must meet the requirements under OAR 340-071-0132.
13. (13) Owner's manual. The designer of each onsite system using an ATT must provide a comprehensive owner's manual prepared by the manufacturer or designer to the system owner, manufacturer's representative, installer, and if requested, the agent before or at the time of installation. The manual may be a collection of individual system component manuals and must include information on system specifications, system installation, operation and maintenance, and troubleshooting and repair. The information must be presented in a manner the owner can easily understand.

14. (14) Required inspections. The following inspections must be performed for each installed ATT system, unless waived by the agent:

    1. (a) Inspect the absorption facility before covering.
    2. (b) Inspect the installation of the ATT per the manufacturer’s instructions and this division.

    3. (c) Inspect to confirm the pump, floats, and controls are powered on, set according to the approved plans, and functioning properly. The agent may require the certified maintenance provider under contract for inspecting, operating, and maintaining the system to conduct this inspection and submit a completed start-up report to the agent. The form must be provided by the manufacturer or approved by DEQ.

       [ED. NOTE: Publications referenced are available from the agency.]

Statutory/Other Authority

ORS 454.625 & 468.020

Statutes/Other Implemented

ORS 454.615 & 454.775

History

DEQ 29-2025, amend filed 10/01/2025, effective 01/01/2026
DEQ 26-2017, amend filed 11/16/2017, effective 11/17/2017
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 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