2016-155-Ordinance No. 2016-004 Recorded 4/15/2016 RE IEWE DESCHUTES COUNTY OFFICIAL RECORDS
NANCY BLANKENSHIP, COUNTY CLERK 1�J 20�6U
LEGAL COUNSEL COMMISSIONERS' JOURNAL 04/15/2016 02:17:06 PM
11111111111111111111111 III
2016-155
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County *
Code, Chapter 13.08 to Reflect Current * ORDINANCE NO. 2016-004
Reference Material and Allowable Fees. *
*
WHEREAS, the Environmental Soils Division of the Deschutes County Community Development
Department has ascertained that the On-Site Sewage Disposal Rules applicable by reference within DCC 13.08
and administered by the Environmental Soils Division are not current; and
WHEREAS, the allowable fees charged by the Environmental Soils Division as prescribed by the State
Department of Environmental Quality may include actual costs; and
WHEREAS, the Board of County Commissioners of Deschutes County considered this matter at a duly
noticed public hearing on March 30, 2016, and concluded that the public will benefit from the proposed changes
to DCC 13.08; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as
follows:
Section 1. AMENDMENT. The Deschutes County Code, Chapter 13.08 is amended to read as
described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in st-Fiketlifeugh.
Dated this 1 3 of QPr I , 2016 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
(2 _-...„..._ (t.-- _______
ALAN UNGER, Chair
TAMMY EY, Vic hair
ATTES
Vii` t0/ji
Recording Secretary ANTHONY DEBONE, Commissioner
PAGE 1 OF 2-ORDINANCE NO.2016-004
Date of 1st Reading: .0 "-day of —MQ/La\ 2016.
Date of 2"d Reading: I. day of apr. I , 2016.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Anthony DeBone /
Alan Unger V
Tammy Baney i/
44,
Effective date: �7i- day of , 2016.4.4.43,'
PAGE 2 OF 2-ORDINANCE NO.2016-004
EXHIBIT A
Chapter 13.08. ON-SITE SEWAGE DISPOSAL AND SEPTIC TANKS
13.08.010. Document Adopted by Reference.
13.08.020. Construction of Pit Privies Prohibited.
13.08.030. Septic Location Approval.
13.08.040. Permit Fees.
13.08.050. Violation.
13.08.010. Document Adopted by Reference.
A certain book or publication, a copy of which is on file with the County Clerk,marked and entitled On-Site
Sewage Disposal Rules (dated September 16, 1986, as amended by enactments dated March 11, 1988 and
I June 14, 1991, and as subsequently amended), hereinafter referred to as "sewage disposal rules" is adopted
in its entirety as the sewage disposal rules for the unincorporated areas of the County, for regulating and
controlling the construction, alteration, repair, operation and maintenance of on-site sewage disposal
systems in the unincorporated areas of the County. The sewage disposal rules so adopted and on file in the
office of the County Clerk are referred to and by this reference made a part of DCC 13.08 as though fully set
out in DCC 13.08.
I (Ord. 2016-004 §1; Ord. 95-037 §1, 1995; Ord. 91-043 §3, 1991; Ord. 83-057 §1, 1983)
13.08.020. Construction of Pit Privies Prohibited.
The construction of a pit privy after the effective date of the ordinance codified in DCC 13.08 shall not be
permitted,DCC 13.08.010 notwithstanding.
(Ord. 83-057 §2, 1983)
13.08.030. Septic Location Approval.
A. A septic location approval is required with every building permit for any expansion of an existing
building or the construction of an additional structure on property where an existing permitted on-site
sewage disposal system is located.
B. Approval can be granted without a field visit if the certificate of satisfactory completion matches the
plot plan submitted and in the judgment of the Sanitarian or his delegates the submitted documents
clearly indicate that the existing on-site sewage disposal system and its replacement area will not be
impacted.
C. If the Sanitarian or his delegates cannot determine from the documents submitted whether the existing
on-site disposal system or replacement area will be impacted or if the documents clearly indicate an
impact to the on-site sewage disposal system, a field visit is required.
D. If the expansion or additional structure would impact the existing permitted on-site sewage disposal
system or replacement area, approval under DCC 13.08.030 may be given only if in the determination
of the Sanitarian or his delegates the existing system or its replacement area can be modified consistent
with applicable DEQ rules in a manner to accommodate the proposed expansion or additional structure.
E. An approval under DCC 13.08.030 granted in reliance upon information submitted that is misleading or
inaccurate shall be void.
(Ord. 94-034 §1, 1994; Ord. 83-002 §1, 1983)
I Chapter 13.08 1 (034/201606)
13.08.040. Permit Fees.
The fees for permits and services under DCC 13.08 shall be the fees prescribed by the State Department of
Environmental Quality. The County may set any permit fee at an amount lower that does not exceed an
amount necessary to cover costs for efficiently conducting services; additionally, the County may than-the
-- •--. -. - -- . -, : set a fee for a permit for which the state has failed to set a fee by proper
resolution. Such fees may be waived by the Board of County Commissioners,the County Administrator or
the Director of the County Community Development Department.
(Ord 2016-004 §1; Ord.2006-001 § 1,2006; Ord. 83-060 § 1, 1983; Ord. 83-057 §3, 1983)
13.08.050. Violation.
A. It is unlawful to construct, alter, repair, operate or maintain on-site sewage disposal systems in the
unincorporated areas of the County, or cause the same to be done, contrary to or in violation of any of
the provisions of DCC 13.08.
B. Violation of any provision of DCC 13.08 is a Class A violation.
(Ord.2003-021 §29,2003; Ord. 83-057 §4, 1983)
I Chapter 13.08 2 (034/201606)
gU��r Es e,<.
2
Oli/Atelk Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of April 13, 2016
Please see directions for completing this document on the next page.
DATE: March 30, 2016
FROM: David Doyle Legal Counsel x6625
TITLE OF AGENDA ITEM:
Consideration of second reading by title only, and adoption of Ordinance No. 2016-004, amending
Code relating to DEQ rules and allowances..
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
This is a housekeeping amendment. Specifically, the Environmental Soils Division of CDD has
ascertained that reference language and fee setting language in DCC 13.08 are not current with Oregon
DEQ rules and allowances. This amendment corrects that omission.
FISCAL IMPLICATIONS:
New fee language will allow County to recover actual costs.
RECOMMENDATION & ACTION REQUESTED:
Move adoption and signature of Ordinance 2016-004, an Ordinance Amending Deschutes County
Code, Chapter 13.08 to Reflect Current Reference Material and Allowable Fees.
ATTENDANCE: Todd Cleveland, Nick Lelack, CDD
DISTRIBUTION OF DOCUMENTS:
Original to BOCC
Copies to CDD, Legal