ORS tit. 36, ch. 454, REGULATION OF SUBSURFACE SEWAGE DISPOSAL, TEMPORARY PROVISIONS RELATING to CERTAIN DWELLINGS DESTROYED BY WILDFIRE
ORS tit. 36, ch. 454, REGULATION OF SUBSURFACE SEWAGE DISPOSAL, TEMPORARY PROVISIONS RELATING to CERTAIN DWELLINGS DESTROYED BY WILDFIRE
Sections 3 to 5, chapter 217, Oregon Laws 2021, provide:
Sec. 3. Section 4 of this 2021 Act is added to and made a part of ORS 454.605 to 454.755. [2021 c. 217, § 3]
Sec. 4. (1) Notwithstanding ORS 454.655 (4), the Department of Environmental Quality shall issue a decision on a permit to repair or replace a subsurface sewage disposal system that serves a dwelling approved under section 2 of this 2021 Act without regard to availability of a community or area-wide sewerage system.
(2) Notwithstanding ORS 197.180, the department shall issue a decision on a permit to repair or replace a subsurface sewage disposal system that serves a dwelling approved under section 2 of this 2021 Act without regard to whether a local government has issued a land use compatibility statement for the dwelling.
(3) The department shall approve a permit to repair or replace a subsurface sewage disposal system that serves a dwelling approved under section 2 of this 2021 Act if:
(a) A subsurface sewage disposal system served the dwelling on July 30, 2020; and
(b) Issuance of the permit and operation of the system would not result in pollution of surface waters of the state or result in pollution of ground water that would threaten public health or other beneficial uses of ground water.
(4) This section does not apply to a permit for a dwelling for which the owner received financial assistance from the state or federal government for the repair or replacement of the subsurface sewage disposal system.
(5) This section does not affect the authority of the department or the Environmental Quality Commission to grant a variance or an exemption for a subsurface sewage disposal system for a dwelling or other use. [2021 c. 217, § 4]
Sec. 5. Sections 2 and 4 of this 2021 Act are repealed on January 2, 2031. [2021 c. 217, § 5]