75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2080
 
LC 1496/HB 2080-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2080
 
              By COMMITTEE ON ENVIRONMENT AND WATER
 
                            March 10
 
  On page 1 of the printed bill, line 2, delete ', 454.655'.
  Delete lines 5 through 28 and delete pages 2 through 5 and
insert:
  '  { +  SECTION 1. + } ORS 468B.015 is amended to read:
  ' 468B.015. Whereas pollution of the waters of the state
constitutes a menace to public health and welfare, creates public
nuisances, is harmful to wildlife, fish and aquatic life and
impairs domestic, agricultural, industrial, recreational and
other legitimate beneficial uses of water, and whereas the
problem of water pollution in this state is closely related to
the problem of water pollution in adjoining states, it is hereby
declared to be the public policy of the state:
  ' (1) To conserve the waters of the state { +  through
innovative approaches, including but not limited to the
appropriate reuse of water and wastes + };
  ' (2) To protect, maintain and improve the quality of the
waters of the state for public water supplies, for the
propagation of wildlife, fish and aquatic life and for domestic,
agricultural, industrial, municipal, recreational and other
legitimate beneficial uses;
  ' (3) To provide that no waste be discharged into any waters of
this state without first receiving the necessary treatment or
other corrective action to protect the legitimate beneficial uses
of such waters;
  ' (4) To provide for the prevention, abatement and control of
new or existing water pollution; and
  ' (5) To cooperate with other agencies of the state, agencies
of other states and the federal government in carrying out these
objectives.
  '  { +  SECTION 2. + } ORS 454.607 is amended to read:
  ' 454.607. It is the public policy of the State of Oregon to
encourage { + :
  ' (1) + } Improvements to, maintenance of and innovative
technology for subsurface and alternative sewage disposal systems
and nonwater-carried sewage disposal facilities consistent with
the protection of the public health and safety and the quality of
the waters of this state { + ; and
  ' (2) The appropriate reuse of gray water for beneficial
uses + }.
  '  { +  SECTION 3. + } ORS 454.605 is amended to read:
  ' 454.605. As used in ORS 454.605 to 454.755, unless the
context requires otherwise:
  ' (1) 'Absorption facility' means a system of open-jointed or
perforated piping, alternate distribution units or other seepage
systems for receiving the flow from septic tanks or other
treatment units and designed to distribute effluent for oxidation
and absorption by the soil within the zone of aeration.
  ' (2) 'Alternative sewage disposal system' means a system
incorporating all of the following:
 
  ' (a) Septic tank or other sewage treatment or storage unit;
and
  ' (b) Disposal facility or method consisting of other than an
absorption facility but not including discharge to public waters
of the State of Oregon.
  ' (3) 'Construction' includes installation, alteration or
repair.
  ' (4) 'Contract agent' means a local unit of government that
has entered into an agreement with the Department of
Environmental Quality pursuant to ORS 454.725.
  ' (5) 'Effluent sewer' means that part of the system of
drainage piping that conveys treated sewage from a septic tank or
other treatment unit into an absorption facility.
  ' (6) 'Governmental unit' means the state or any county,
municipality or other political subdivision, or any agency
thereof.
  '  { +  (7)(a) 'Gray water' means shower and bath waste water,
bathroom sink waste water, kitchen sink waste water and laundry
waste water.
  ' (b) 'Gray water' does not mean toilet or garbage wastes or
waste water contaminated by soiled diapers. + }
  '  { - (7) - }   { + (8) + } 'Local unit of government' means
any county or municipality.
  '  { - (8) - }   { + (9) + } 'Nonwater-carried sewage disposal
facility ' includes, but is not limited to, pit privies, vault
privies and chemical toilets.
  '  { - (9) - }   { + (10) + } 'Public health hazard' means a
condition whereby there are sufficient types and amounts of
biological, chemical or physical, including radiological, agents
relating to water or sewage which are likely to cause human
illness, disorders or disability. These include, but are not
limited to, pathogenic viruses, bacteria, parasites, toxic
chemicals and radioactive isotopes.
  '  { - (10) - }   { + (11) + } 'Septic tank' means a watertight
receptacle which receives the discharge of sewage from a sanitary
drainage system and which is so designed and constructed as to
separate solids from liquids, digest organic matter during a
period of detention and allow the liquids to discharge to another
treatment unit or into the soil outside of the tank through an
absorption facility.
  '  { - (11) - }   { + (12) + } 'Sewage' means domestic
water-carried human and animal wastes, including kitchen, bath
and laundry wastes from residences, buildings, industrial
establishments or other places, together with such ground water
infiltration, surface waters or industrial waste as may be
present.
  '  { - (12) - }   { + (13) + } 'Sewage disposal service' means:
  ' (a) The construction of subsurface sewage disposal systems,
alternative sewage disposal systems or any part thereof.
  ' (b) The pumping out or cleaning of subsurface sewage disposal
systems, alternative sewage disposal systems or nonwater-carried
sewage disposal facilities.
  ' (c) The disposal of materials derived from the pumping out or
cleaning of subsurface sewage disposal systems, alternative
sewage disposal systems or nonwater-carried sewage disposal
facilities.
  ' (d) Grading, excavating and earth-moving work connected with
the operations described in paragraph (a) of this subsection.
  '  { - (13) - }   { + (14) + } 'Subsurface sewage disposal
system' means a cesspool or the combination of a septic tank or
other treatment unit and effluent sewer and absorption facility.
  '  { - (14) - }   { + (15) + } 'Zone of aeration' means the
unsaturated zone that occurs below the ground surface and the
point at which the upper limit of the water table exists.
  '  { +  SECTION 4. + } ORS 454.610 is amended to read:
 
  ' 454.610.   { - (1) As used in this section 'gray water' means
any domestic sewage other than toilet and garbage wastes,
including shower and bath waste water, kitchen waste water and
laundry wastes. - }
  '  { +  (1) A person may not construct, install or operate a
gray water reuse and disposal system without first obtaining a
permit from the Department of Environmental Quality. A gray water
reuse and disposal system for which a permit has been issued
under this section is exempt from the requirements of ORS
454.655. The Environmental Quality Commission shall adopt rules
for permits issued under this section. In adopting the rules, the
commission shall:
  ' (a) Consider the recommendations of an advisory committee
appointed by the department pursuant to ORS 183.333;
  ' (b) Minimize the burden of permit requirements on property
owners; and
  ' (c) Prescribe requirements that allow for separate systems
for the treatment, disposal or reuse of gray water. These
requirements must ensure the protection of:
  ' (A) Public health, safety and welfare;
  ' (B) Public water supplies; and
  ' (C) Waters of the state, as that term is defined in ORS
468B.005. + }
  ' (2)   { - Nothing in ORS 454.605 to 454.755 except - }
 { + Subject to + } ORS 454.645 { + , + }   { - shall - }  { +
the rules adopted by the commission under this section may
not + } prohibit the discharge of gray water if:
  ' (a) Soil and site conditions for such gray water conform to
the rules of the department   { - of Environmental Quality - }
regarding standard subsurface sewage disposal systems or
alternative sewage disposal systems, except that such systems may
use two-thirds the normal size surface area for a drainfield and
shall be preceded by a treatment facility such as, but not
limited to, a septic tank; or
  ' (b) Such gray water is discharged into an existing subsurface
sewage disposal system or alternative sewage disposal system
 { - which - }  { +  that + } is functioning satisfactorily, or a
public sewage system   { - which - }  { +  that + } serves the
dwelling from which such gray water is derived.
  '  { +  SECTION 5. + } ORS 454.615 is amended to read:
  ' 454.615. The Environmental Quality Commission shall   { - by
September 1, 1975, - }  adopt   { - by rule standards which - }
 { +  rules that + }:
  ' (1) Prescribe minimum requirements for the design and
construction of subsurface sewage disposal systems, alternative
sewage disposal systems and nonwater-carried sewage disposal
facilities or parts thereof including grading, excavating and
earth-moving work connected therewith, and allow for use of
alternative systems and component materials consistent with the
minimum requirements. Requirements prescribed under this section
may vary in different areas or regions of the state.
  ' (2) Prescribe minimum requirements for the operation and
maintenance of subsurface sewage disposal systems, alternative
sewage disposal systems and nonwater-carried sewage disposal
facilities or parts thereof.
  ' (3) Prescribe requirements for the pumping out or cleaning of
subsurface sewage disposal systems, alternative sewage disposal
systems and nonwater-carried sewage disposal facilities or parts
thereof, for the disposal of material derived from such pumping
out or cleaning, for sewage pumping equipment, for sewage tank
trucks and for the identification of sewage tank trucks and
workers.
  '  { - (4) Prescribe requirements for handling kitchen, bath
and laundry wastes as opposed to human and animal wastes which
recognize the possibility for separate treatment of different
types of waste. - }
  '  { +  SECTION 6. + }  { + This 2009 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2009 Act
takes effect on its passage. + } ' .
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