OAR 340-071-0132: Operation and Maintenance

(1) Owners. Owners of onsite wastewater treatment systems must operate and maintain their systems in compliance with all permit conditions and applicable requirements in this division and must not create a public health hazard or pollute public waters. Operation and maintenance requirements for systems under WPCF permits are established by the WPCF permits required in OAR 340-071-0130. Owners of the following alternative systems must also comply with the operation and maintenance standards: (a) The owner of pressurized distribution and residential sand filter systems permitted after January 1, 2014, commercial sand filters on or after March 1, 2005, and all recirculating gravel filters, alternative treatment technology systems, and those systems described in subsection (15)(d) of OAR 340-071-0130 not under WPCF permits must: (A) Maintain a contract under this rule with a maintenance provider certified as required in OAR 340-071-0650 to service and maintain the onsite system. A service contract must be executed before the system is installed and must be maintained with a certified maintenance provider until the system is decommissioned. (B) Report evidence of any system failures to the certified maintenance provider and agent and take appropriate action the agent approves to correct the problem, including but not limited to applying for a repair permit under OAR 340-071-0215. (C) Ensure the system is inspected at least annually by a certified maintenance provider or the agent under OAR 340-071-0260. (b) Owners of residential sand filter systems permitted prior to January 2, 2014, or commercial sand filter systems permitted prior to April 1, 1995, must follow the operation and maintenance requirements under section (5). (c) Owners of holding tanks must maintain a pumping agreement with a sewage disposal service licensed under OAR 340-071-0600 to provide for regularly inspecting and pumping at all times the holding tank is being used and pay the annual fees and report as required in section (4). (2) Service Contracts. Service contracts executed on or before December 31, 2025, will expire on December 31, 2027 unless all provisions in OAR 340-071-0132(2) are met, or they expire or are terminated earlier. Service contracts for inspecting, operating, and maintaining onsite systems, must be perpetual and continuous. Except transition periods described in subsection (6)(b) of this section, the service contract must remain in effect until the onsite system is decommissioned or terminated in accordance with this rule. The service contract must include: (a) For initially permitted systems only, a schedule for the first two years of operation that directs the maintenance provider to inspect, adjust and service the system a minimum of once every six months. (b) A schedule for subsequent years of operation that directs the maintenance provider to inspect, adjust and service the system: (A) According to the manufacturer’s specifications in the approved owner’s manual or in cases where there is not an approved owner’s manual, by the specifications required by DEQ; and (B) At least once every 12 months. (c) For ATT systems only, a clause stating that the maintenance provider must provide an effluent quality inspection that includes but is not limited to: (A) A visual assessment for color, turbidity, and scum overflow, (B) An olfactory assessment for odor, and (C) Any other performance assessment or operational diagnosis, which may include sampling of treated effluent (post-disinfection if disinfection is used) necessary to determine or ensure proper performance of the facility. (d) A clause stating that the maintenance provider must notify the system owner and agent in writing within 30 days about any improper system function that cannot be remedied during the time of inspection, including any necessary repairs to comply with OAR 340-071-0215, and include an estimated date of correction. (e) A clause stating the causes for termination, including but not limited to non-payment, breach of contract, or termination at-will by written notice from either party. (f) Other information and conditions of the agreement such as: (A) Effective date, which is equal to the date the system is placed in operation or when a new agreement for an existing system in operation is executed; (B) Owner's name and address; (C) Property address and legal description; (D) Permit requirements and conditions; (E) Contact information for the owner, maintenance provider, and agent; (F) Details of service to be provided, including but not limited to the service recommended by the manufacturer in the approved operation manual for ATTs, as required by the designer in the prepared operation and maintenance manual for RGFs under 340-071-0302, or listed by the National Association of Wastewater Technicians (NAWT) on the Operational Checklist, or other checklist approved by DEQ, for pressure distribution or sand filter systems; (G) Schedule of maintenance provider duties; (H) Details of any warranty; (I) Owner's responsibilities under the contract for routine inspection, operation, and maintenance of the onsite system; (3) Maintenance Providers. A maintenance provider under a contract required in this rule must: (a) Observe and record conditions in the treatment unit, if applicable, and the absorption area during all operation and maintenance activities for the system and report those observations to the system owner in writing; (b) Conduct minor or major maintenance as defined under 340-071-0100(92); (c) Maintain accurate records of their current and previous 3 years of service contracts, customers, inspection checklists, and performance data. These records must be available for inspection upon the agent’s request; (d) Notify the owner and agent in writing of service contracts that are terminated within 30 days of their termination; (e) Make emergency service available within 48 hours of a service request or system alarm; (f) Submit the annual report required in section (4) and the annual evaluation fee in OAR 340-071-0140(3) for each system under contract to be serviced by the maintenance provider; (g) Follow the terms outlined in the service contract; (h) For ATT systems, be certified by the manufacturer to provide service on the ATT and ensure the ATT and all components of the onsite system are properly operated and timely maintained per the manufacturers specifications until the system is decommissioned so that the effluent standards in OAR 340-071-0345 are met. (i) For conventional and other sand filter systems, ensure the sand filter and all components of the onsite system are properly operated and timely maintained in accordance with section (5) and these rules until the system is decommissioned. (4) Annual permit fees and reports: (a) Except in paragraph (c) of this section, the maintenance provider under contract must pay the annual report evaluation fee in OAR 340-071-0140(3) by the date DEQ specifies for each year the system is in operation, as required in this section. A system is placed into operation the date a Certificate of Satisfactory Completion is issued or when the system is connected to plumbing, whichever occurs last, and remains in operation until the agent receives notice the system has been decommissioned. (b) A maintenance provider must submit written certification prepared on a DEQ-approved form by the date specified by DEQ for each year the system is in operation that: (A) The system has been maintained under the requirements of the rules in this division during the reporting year and is operating under the agent-approved design specifications; or (B) Minor or major maintenance is pending, an estimated date of correction and estimated cost has been provided to the property owner in writing; or (C) The owner and the agent have been notified in writing that the system requires a repair permit under OAR 340-071-0215. (c) A maintenance provider is not required to submit fees or reports under paragraphs (a) and (b) of this section if: (A) The effective date of the initial contract under section (2) for a new system was in the last 6 months of the reporting period; or (B) The maintenance provider notified the property owner and agent of contract termination under section (3) and did not already conduct an inspection during the reporting period; or (C) The maintenance provider has not had a reasonable opportunity to conduct a maintenance inspection during the reporting period because the effective date of a new contract was in the last 60 days of the reporting period and the system was inaccessible to the maintenance provider for maintenance due to inclement weather or the owner denying access. (d) Owners of holding tanks not under WPCF permits must pay annual fees and reports as follows: (A) Owners must pay the annual report evaluation fee in 340-071-0140(3) by the date specified by DEQ for each calendar year the tank is in operation; (B) Owners must submit written certification on a DEQ-approved form that the holding tank has been regularly inspected and pumped during the reporting year and that the year's service log for the holding tank is available for inspection by the agent. (5) Sand filter operation and maintenance. The operation and maintenance of conventional and other sand filter systems must include but is not limited to the inspection of the septic tank and other components of the system at least annually for sludge accumulation, pump calibration, and cleaning the laterals. Tanks must be pumped when there is an accumulation of floating scum less than 3 inches above the bottom of the outlet tee fitting, holes or ports, or an accumulation of sludge less than 6 inches below the bottom of the outlet tee fitting, holes or ports. Pump calibration, cleaning of the laterals, and other maintenance must be completed as necessary. (6) Compliance. (a) Compliance Recovery Fee. If the maintenance provider does not submit the annual report or fee under this rule by the date DEQ specifies each year, the agent may require the maintenance provider pay the compliance recovery fee under OAR 340-071-0140(7). (b) Compliance inspection. If the owner does not maintain a contract for the entirety of the reporting period, except for a contract transition period of not more than 30 days, the agent may require an alternative inspection under OAR 340-071-0260 and a compliance recovery fee under OAR 340-071-0140(7).