1. (1) An applicant may request variances from any rule or standard in this division.
2. (2) Variances. Variance officers the director appoints may, after a public hearing, grant variances from any rule in this division to permit applicants.

3. (3) To grant a variance, the variance officer must find that the proposal demonstrates that the system design is equally or more protective to public health and the environment as the rules or standards in this division, and one of the following:

   1. (a) Strict compliance with the rule or standard is inappropriate; or
   2. (b) Special physical conditions render strict compliance unreasonable, burdensome, or impractical.

4. (4) Applications.

   1. (a) A separate application for each site considered for a variance must be submitted to DEQ or the contract county as appropriate.

   2. (b) Each application must be signed by the owner of the property served by the system and include:

      1. (A) A site evaluation report, unless the variance officer waives it;
      2. (B) Plans and specifications for the proposed system;
      3. (C) The variance from onsite system rule fee in OAR 340-071-0140; and
      4. (D) Other information the variance officer determines is necessary for a decision.

5. (5) An applicant for a variance is not required to pay the application fee if at the time of filing the applicant:

   1. (a) Is 65 years of age or older;
   2. (b) Is a resident of Oregon;
   3. (c) Has an annual household income, as defined in ORS 310.630, of $15,000 or less; and
   4. (d) Has not previously applied for a variance under this section.

Statutory/Other Authority

ORS 454.625 & 468.020

Statutes/Other Implemented

ORS 454.657, 454.660 & 454.662

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 9-1984, f. & ef. 5-29-84
DEQ 5-1982, f. & ef. 3-9-82
DEQ 10-1981, f. & ef. 3-20-81