OAR 340-071-0135: Approval of New or Innovative Technologies, Materials, or Designs for Onsite Systems

(1) DEQ approval. (a) Coordination with listing of alternative treatment technologies, OAR 340-071-0345. Under OAR 340-071-0345, DEQ maintains a list of alternative treatment technologies (ATTs) that have been tested by an NSF/ANSI organization that meets the requirements of ISO/IEC 17025 – 2005. The ATT must meet the performance standards and other requirements in OAR 340-071-0345. ATTs are usually separate treatment units that are installed in onsite systems. Only listed ATTs may be installed under the siting criteria in OAR 340-071-0345. This rule provides a process for approving new or innovative technologies, materials, or designs for various components of onsite systems, such as drainfield products or appurtenances. Add-on treatment units, such as units to remove nitrogen following an ATT or sand filter, may also be approved under this rule. However, DEQ does not intend to approve alternatives to standard systems under this rule. Alternative systems will need to be listed as ATTs under OAR 340-071-0345 or approved under new rules in this division. (b) DEQ may approve new or innovative technologies, materials, or designs for onsite systems pursuant to this rule if it determines they will protect public health, safety, and waters of the state as effectively as systems authorized in this division. DEQ must base approval on one or more of the following: (A) A performance evaluation conducted under section (3) of this rule that demonstrates the technology, material, or design will achieve applicable performance standards in OAR chapter 340, divisions 071 and 073 and any additional standards DEQ determines are necessary to satisfy the requirements of subsection (1)(b) of this rule. (B) Documentation that the alternative drainfield products are functionally equivalent to drainfield products DEQ approves. (C) Documentation that the material used as a substitute for drain media in absorption trenches will achieve the performance standards and design criteria in section (5) of this rule. (D) Certification of the new material, technology, or design for proposed uses by NSF/ANSI, or another program providing equivalent performance demonstration required by this rule and approved by DEQ. (c) DEQ may approve or deny a request for approval of a new or innovative technology, material, or design or may limit approval to those locations or conditions for which achievement of standards has been demonstrated. (d) DEQ may amend or revoke approval of a new or innovative material, technology, or design if it determines: (A) Approval was based on false or misleading information; (B) The material, technology, or design no longer achieves performance standards for which it was approved; or (C) The manufacturer is not meeting the requirements in this rule or conditions of the approval. (2) Requests for approval. (a) Any person may submit a completed application for approval of a new or innovative technology, material, or design for onsite systems to DEQ. (b) The application must include the following: (A) For approval based on a performance evaluation under subsection (1)(b)(A) of this rule: (i) A proposed evaluation protocol under section (3) of this rule and a proposed schedule for completing the proposed evaluation; and (ii) At the conclusion of the performance evaluation, documentation demonstrating the technology, material, or design achieves applicable standards. (B) For approval under subsection (1)(b)(B) of this rule, documentation supporting a determination of functional equivalency. (C) For approval under subsection (1)(b)(C) of this rule, documentation supporting a determination that the applicable standards will be achieved. (D) For approval under subsection (1)(b)(D) of this rule, documentation of certification by an approved program. (E) The Innovative or Alternative Technology, Material, or Design Review fee established in OAR 340-071-0140(5). (3) Requirements for studies. Field or other studies used to demonstrate performance of technologies, materials, or designs under subsection (1)(b)(A) of this rule must satisfy the following requirements: (a) Be based on theory or applied research that supports the intended use of the technology, material, or design. (b) Follow an evaluation protocol that has been peer reviewed and approved by DEQ and that clearly defines the number of systems for installation reasonably necessary for the study and performance objectives, including standards to be achieved; performance measurements to validate attainment of the objectives; and the variables to be considered, including climate, soil, waste characteristics such as flow and strength, and topography. (c) Include controls that represent the standards to be achieved. (d) Include sufficient monitoring and reporting of performance data on both the test product and control product to support direct comparisons to the standards to be achieved. (e) Address system operations at maturity and relevant temporal variations to support comparison to the standards to be achieved. (f) Be designed and conducted by a qualified third party DEQ approves who certifies whether the installation, monitoring, and evaluation of the systems studied and reports submitted to DEQ satisfy this rule’s requirements. (g) At the conclusion of the study, provide sufficient performance data to demonstrate standards are met. Data must be peer-reviewed, be scientifically defensible, and have sufficient replication to be representative and to address variations in climate, soil, topography, waste loading, and strength relevant to the proposed use. (4) Installation of onsite systems for study. The following requirements must be met for each system incorporating unapproved new or innovative technologies, materials, or designs installed for study under this rule or OAR 340-071-0130, or former OAR 340-071-0116 or 340-071-0117 (replaced by this rule): (a) Prior to installation, the system owner must obtain a WPCF permit under OAR 340- 071-0162 or, for a system incorporating only unapproved drainfield materials and not otherwise requiring a WPCF permit, or a construction-installation permit under OAR 340- 071-0160. (b) Before installation, the system owner must provide legal and physical access for construction inspections and monitoring. (c) The system owner must acknowledge that the system being installed is an unapproved technology and must agree in writing to hold the State of Oregon and its officers, employees, and agents harmless of any and all loss or damage caused by system failure or defective installation or operation of the proposed systems. (d) Before transferring ownership of a system using an unapproved technology, the system owner must notify all transferees that the technology has not been approved, and the transferee must agree in writing to hold the state of Oregon and its officers, employees, and agents harmless of any and all loss or damage caused by system failure or defective installation or operation of the proposed systems. (e) A site evaluation must be conducted under this division. Suitable area must be available for installation of both an initial onsite system and a full replacement system. (5) Standards and design criteria for drain media substitutes. To be approved under (1)(b)(C) of this rule, substitutes for drain media used in absorption trenches, including seepage trenches, seepage beds, or other similar absorption facilities, must meet the following performance standards and design criteria: (a) Performance standards. New or innovative materials to be used as a substitute for drain media must be structurally sound, durable, and inert in the environment they are placed. The substitute material must be capable of passing wastewater toward the infiltrative surfaces at a rate equal to or greater than gravel drain media. (b) Design criteria for absorption trenches. (A) The trench must be excavated under the trench standards described in this division. If warranted by the design configuration of the substitute material, the trench width may be less than 24 inches, provided the trench length is increased to compensate for the loss of the bottom surface area using the following formula: Adjusted Trench Length = (24 inches ÷ W) x L, where W = the reduced trench width in inches, and L = the original trench length as specified in subsection (5)(b)(F) of this rule. (B) The substitute material for the drain media must be placed in the trench and be in uniform contact with the trench bottom and both sidewalls. If voids larger than typically found with the use of drain media are present along the trench bottom after placement of the substitute material, steps must be taken to prevent the entry of burrowing rodents. If the substitute material for drain media is not in uniform contact with both sidewalls, drain media must be placed in the trench to provide that contact. (C) The substitute material for drain media must be placed to provide a uniform sidewall infiltrative surface depth as measured along the trench sidewall from the bottom to the top of the drain media substitute in contact with the sidewall. In seepage trenches, the depth of the substitute material must be greater than 12 inches. If the substitute material provides less than 12 inches of sidewall contact depth, either drain media must be placed to accomplish the minimum sidewall contact depth, or the length of the absorption trench must be increased to compensate for the reduced sidewall seepage area depth using the following formula: Adjusted Trench Length = (12 inches ÷ D) x L, where D = the reduced sidewall seepage area depth in inches, and L = the original trench length as specified in subsection (5)(b)(F) of this rule. (D) If a substitute material is used in a trench that is both narrower than 24 inches and has a sidewall contact depth that is less than 12 inches, the adjusted trench length must be the longer of the adjusted trench lengths calculated using the formulae in paragraphs (A) and (C) of this subsection. (E) The top surface of the substitute material for the drain media must be level across the trench and in contact with each side of the trench. The substitute material for drain media must have porosity at the top surface that is not appreciably different from the porosity of drain media. Drain media may be placed across the top of the substitute material to provide the level surface extending from sidewall to sidewall. (F) The sizing for standard absorption trenches using a substitute material for drain media must conform to applicable criteria in OAR 340-071-0220(2), 340- 071-0290(3), or 340-071-0360(2)(a). Seepage trenches using a substitute material for drain media must conform with applicable size criteria in OAR 340-071- 0280(2), 340-071-0290(3), 340-071-0310(2), or 340-071-0360(2)(b). (c) Design criteria for seepage beds. (A) Bed excavation must conform with the standards described in OAR 340-071- 0275(4)(d). (B) The substitute material for drain media must be placed in the excavation and in contact with the bottom and sidewalls of the bed. If voids larger than typically found with the use of drain media are present along the bottom or sidewalls after placement of the substitute material, steps must be taken to prevent entry of burrowing rodents. (C) The substitute material for drain media must be placed to provide a substitute material depth of at least 12 inches, as measured from the bottom of the excavation to the top of the drain media substitute. If the depth of the media substitute is less than 12 inches, drain media must be placed within the excavation to provide this depth. (D) The upper surface of the substitute material for drain media must be level from sidewall to sidewall. The porosity of the top surface of the substitute material must not appreciably differ from the porosity of drain media. Drain media may be placed across the top of the substitute material to provide the level surface extending from sidewall to sidewall. (E) Seepage beds using a substitute material for drain media must conform with size requirements in OAR 340-071-0275(4)(d)(B). (d) Distribution piping in absorption facilities using a substitute material for drain media must comply with the appropriate pipe standards in this division and OAR chapter 340, division 073. (6) Study protocols for substitutes for drain media — example. This section provides an example study protocol to demonstrate substitute drain media under subsection (1)(b)(C) of this rule. Proposed protocols must be approved for study under section (3) of this rule. (a) A standard onsite system must be installed and sized for a given soil group according to Tables 4 and 5 of this division. The system must be designed to allow a side-by-side performance comparison of the substitute material with a standard absorption trench (the control). For this purpose, the drainfield must contain four small test cells, two of them containing the substitute material and two the standard drain media, which receive septic tank effluent before the remaining portion of the drainfield. The test cells must represent approximately one-third of the total drainfield. The cells containing the substitute material must be sized according to the manufacturer's claim for equivalence to the standard trench length. (b) A drop box or similar monitoring box containing a sump must be placed at the end of each test cell. All drop boxes must be connected to the remaining portion of the drainfield. (c) The test cells must be fed by a pump and a hydrosplitter to distribute the effluent equally to each test cell. Installation of a water meter or pump cycle-counter may be required. (d) Observation ports must be installed in each test cell to allow measuring and recording the effluent ponding depth. (e) Domestic wastewater coming directly from a septic tank connected to a residence or facility must be used in the field study. (f) The performance standard to be achieved is the acceptance rate of the effluent by the substitute material, measured by observing the time required for each test cell to overflow to the drop box. (g) The test must conclude at the end of three years or when overflow is observed in one of each paired test cells, whichever occurs first. Observation of overflow or no overflow and of ponding must be recorded at least monthly. (h) For approval for statewide use, the testing described in this section must be duplicated at sites within the two major climatic regimes of Oregon, west of the Cascade Mountain Range and east of the Cascade Mountain Range, and in each of the soil groups described in Tables 4 and 5 of this division. At least 18 duplicate sites are required, with 3 sites in each of 3 soil groups in the 2 major climatic regimes of Oregon. Studies may include additional sites. [ED. NOTE: All tables are found in OAR 340-071-0800.]