OAR 340-040-0070: On-Site Sewage Disposal: Area Wide Management

(1) In areas where groundwater is being degraded as a result of on-site sewage disposal practices and an area wide solution is necessary, the Department may propose a rule for adoption by the EQC and incorporation into the appropriate basin section of the State Water Quality Management Plan (OAR 340 division 41) which will: (a) Recite the findings describing the problem and the aquifer impacted; (b) Define the area where corrective action is required; (c) Describe the problem correction and preventative measures to be ordered; (d) Establish the schedule for required major increments of progress; (e) Identify conditions under which new, modified, or repaired, on-site sewage disposal systems may be installed in the interim while the area correction program is being implemented and is on schedule; (f) Identify the conditions under which enforcement measures will be pursued if adequate progress to implement the corrective actions is not made. These measures may include but are not limited to measures authorized in ORS 454.235(2). 454.685, 454.645, and 454.317; (g) Identify all known affected local governing bodies which the Department will notify by certified mail of the final rule adoption; and (h) Accomplish any other objectives declared to be necessary by the EQC. (2) The Department shall notify all known impacted or potentially affected local units of government of the opportunity to comment on the proposed rule at a scheduled public hearing and of their right to request a contested case hearing pursuant to ORS Chapter 183 prior to the EQC’s final order adopting the rule.