HomeMy WebLinkAboutDocs re Onsite Wastewater Systems - So CoREVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Adding Chapter 13.14 to Title 13,
Public Services, of the Deschutes County Code. * ORDINANCE NO. 2008-012
WHEREAS, Deschutes County Community Development Department staff proposed amendments to
the Deschutes County Code ("DCC") to require the use of nitrogen reducing onsite systems for permits issued
by the County; and
WHEREAS, notice of the proposed DCC text amendment was mailed in the Deschutes County tax
statements to 10,243 property owners in the South Deschutes County area; and
WHEREAS, the Deschutes County Planning Commission hosted an information session on the proposal
in November 2006, notice of which was published in The Bulletin on November 25, 2006 and the Newberry
Eagle on November 1, 2006; and
WHEREAS, the Board of County Commissioners ("Board") held public hearings on March 13, 20 and
27, 2007 and on March 13, 2008, notice of which was published in The Bulletin on March 4, 2007; and
WHEREAS, the public record for the rule was open for written testimony between March 27, 2007 and
April 18, 2008; and
WHEREAS, the Board held a public hearing on March 19, 2008, a notice of which was published in the
Bend Bulletin on February 18, 2008;
WHEREAS, the Board mailed information about the proposed amendment entitled "Frequently Asked
Questions" to 9,484 property owners in south Deschutes County on April 18, 2008; and
WHEREAS, the Board finds that the public will benefit from changes to the Deschutes County
sanitation regulations to require better nitrogen reducing wastewater treatment systems in the south Deschutes
County area; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. ADDING. That Deschutes County Code Title 13 is amended by the addition of a new
chapter as described in Exhibit "A," attached hereto and by this reference incorporated herein.
/1/
PAGE 1 OF 2 - ORDINANCE NO. 2008-12 (M/D/YR)
Section 2. FINDINGS. That the Board adopts as its findings in support of this decision, the Staff
Report, attached as Exhibit "B" and incorporated by reference herein.
Dated this of , 2008 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
TAMMY (BANEY) MELTON, Vice Chair
ATTEST:
Recording Secretary MICHAEL M. DALY, Commissioner
Date of 1St Reading: day of , 2008.
Date of 2nd Reading: day of , 2008.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke
Tammy Melton
Michael M. Daly
Effective date: day of , 2008.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2008-12 (M/D/YR)
Chapter 13.14. SOUTH COUNTY ONSITE WASTEWATER TREATMENT
13.14.010.
13.14.020.
13.14.030.
13.14.040.
13.14.050.
13.14.060.
13.14.070.
13.14.080.
13.14.090
13.14.100.
13.14.110.
13.14.120.
Application.
Definitions.
Siting Criteria for New Development.
Groundwater Level Determinations.
Performance Standards.
Upgrades at Change of Property Ownership.
Listing Nitrogen Reducing Systems.
Approval of Other Groundwater Protection Wastewater T;nt Systems.
Variances.
Appeals.
Fees.
Violation.
13.14.010. Application.
A. The provisions in DCC Chapter 13.14 are in addition to the requirements of ORS 454.605 to 454.755
and OAR chapter 340, divisions 071 a 073 and, in the event of an inconsistency, the more stringent
provisions shall apply.
B. The provisions in DCC Chapter 13.14 app
of residential strength wastewater, as define
(Ord. 2008-012 §1, 2008)
ose wastewater treatment systems that treat flows
71, of 2,500 gallons per day or less.
13.14.020. Definitions.
"Department" means, for purposes of this chapter, e Deschutes County Community Development
Department.
"Existing Develoent" means uses in South County on a Lot served by an Onsite System that does not
meet the pe ¢y. dards contained in DCC 13.14.050(E) as of the effective date of Ordinance
2008-01
"Lot"
Lots of re
"Maximum
and listed by the
nitrogen reduction
n Reducing
rtment a
Ons'
ned in ORS chapter 92. Tax lots may or may not be equivalent to legal
stem" means the Onsite System or Systems allowed for use by ODEQ
e time the permit is issued as having demonstrated the highest level of
Systems listed pursuant to DCC 13.14.070.
"New Development" the establishment of a use on a Lot in South County where there is no
existing use served by art' Onsite System as of the effective date of Ordinance 2008-012.
"Nitrate Loading Management Model" means the model produced by the US Geological Survey ("USGS")
that specifies the performance standards that must be met by Onsite Systems in order to meet groundwater
protection goals.
"ODEQ" means the Oregon Department of Environmental Quality.
"Onsite System" means onsite wastewater treatment system as defined in OAR 340, division 71.
"Sewer System" means a system as defined in OAR chapter 660, division 11 that serves more than one
Lot or parcel, or more than one condominium unit or more than one unit within a planned unit
Chapter 13.14 1 ()0C/2 )08)
development, and includes pipelines or conduits, pump stations, force mains, and all other structures,
devices, appurtenances and facilities used for treating or disposing of sewage or for collecting or
conducting sewage to an ultimate point for treatment and disposal. The following are not considered a
Sewer System for the purpose of this code:
A. A system provided solely for the collection, transfer and/or disposal of storm water runoff; or
B. A system provided solely for the collection, transfer and/or disposal of animal waste from a farm use
as defined in ORS 215.203.
"South County" means those unincorporated portions of Deschutes County contained in Townships 19,
20, 21, 22 and Ranges 9, 10, and 11, except those areas authorized for sewer.
"WPCF Permit" means Water Pollution Control Facility permit.
(Ord. 2008-012 §1, 2008)
13.14.030. Siting Criteria for New Development.
New Development shall meet the following criteria
constructed on the Lot:
For the purpose of site evaluation approval, any
or the installation of groundwater interceptors, shall not
For site evaluations applied for and approved after the of
System, including the absorption facility, shall be installed
system is located.
Locating the Onsite System or portion thereof on an adjoining L
consolidated or the Lot line adjusted following a final land use decisio
The absorption facility for the Onsite System shall be installed to p
separation to the highest
absorption facility to t
The provisions in
Ordinance 2008 -
(Ord. 2008-012 §1, 2008)
A.
B.
C.
D.
E.
in or for an Onsite System to be permitted and
fon to
ow
t
ot, including the placement of fill
ate of Ordinance 2008-012, an Onsite
o
ot where the use to be served by the
permitted if the Lots are
the County.
ide a minimum 24 inch vertical
attained by a groundwater table as measured from the bottom of the
el of the groundwater table.
(A), (B) and (C) expire 3 years from the effective date of
by the Board of County Commissioners.
13.14.040. Groundwater Leve (' rminatio
A. Upon review of an application ' x sit evaluation for an Onsite System, if the County cannot
determine the groundwater levels soil characteristics indicating conditions associated with
saturation as defined in OAR 340-074 then the levels shall be determined using direct observation of
groundwater on the Lot and in the general area.
13. Direct observations by the County shall be made during a spring following a winter (October through
March) with at least average Central Oregon historical total precipitation.
C. Application for groundwater level determinations shall be made to the Department no later than the
February 15 prior to the dates the groundwater observations are to be conducted pursuant to DCC
13.14.040(A) and (B).
D. If the winter precipitation for the year in which the application is made is not equal to at least average
precipitation levels described in DCC 13.14.040(B), then the application will be held and the
groundwater level determination made after the next winter with at least average Central Oregon
historical total precipitation.
(Ord. 2008-012 §1, 2008)
13.14.050. Performance Standards.
A. The following performance standards shall apply to:
Chapter 13.14 2 (XX/2 008)
1. New Development at time of application for site evaluation and permit issuance;
2. Existing Development at time of application for an authorization notice, major alteration, or major
repair, and
3. Existing Development at the time of upgrade required under DCC 13.14.050(F).
B. New Development shall install a Maximum Nitrogen Reducing System.
C. Existing Development located on a Lot that does not meet the 24 inch vertical separation to
groundwater shall install a Maximum Nitrogen Reducing System.
D. Existing Development located on a Lot that meets the 24 inch vertical separation to groundwater shall
install an Onsite System that reduces nitrogen to at least the level specified the area within which the
Lot lies as specified in DCC 13.14.050(E).
E. The Board shall adopt by resolution:
1. The Nitrate Loading Management Model;
2. Minimum nitrogen reduction standards applicable to th. apte
3. The map depicting where standards for Existing Deve •,ment as The Department shall
maintain the map depicting where standards for Existing Developmen
F. Beginning November 15, 2012, except as provided in DCC 13.14.050(G) anC 13.14.080, all
Existing Development served by Onsite Systems shall be upgraded with nitrogen systems in
accordance with DCC 14.14.050(C) and (D) no later than November 15, 2022.
G. An Onsite System that was or is operating under a WPCF Permit from ODEQ shall not be required to
meet the performance standards in DCC 13.14.050(D) until such time as a major alteration or major
repair is needed in accordance with OA A.l division 71.
(Ord. 2008-012 §1, 2008)
13.14.060. Upgrades at Change of Property
A. A property with an Onsite System approved o
that is not the required nitrogen reducing s
protection wastewater treatment system pursuan
upon any sale, grant, conveyance or transfer of title
B. For each property with an Onsite System approve
2008-012 that is not the required nitrogen reducing s
protectio
the D
acct
1044
C. Upon
13.14.07
Deschutes
in the Deschute
ective date of Ordinance 2008-012
pursuant s DCC 13.14.050 or a groundwater
DCC 13.4.080 shall upgrade the Onsite System
a property in South County.
nstalled as of the effective date of Ordinance
tem pursuant to DCC 13.14.050 or a groundwater
treatment system pursuant to DCC 13.14.080, Deschutes County shall record, in
fficial records, a notice of the requirement to upgrade the Onsite System in
4.050 or 13.17.080 upon sale, grant conveyance or transfer of title of
fes
nce with D
in South Count
nsite System
ther ground
shall pro
nty 0
r.:
D. Exceptions.
1. The sale, grant, eyance or transfer of title of property does not include the transfer into a living
trust for which 'e owner(s) of record as of the effective date of Ordinance 2008-012 is(are) the
trustor(s).
2. The sale, grant, conveyance or transfer of title of property does not include the sale, grant,
conveyance, or transfer of title of the property from a trust to any beneficiary.
(Ord. 2008-012 §1, 2008)
ade to either a nitrogen reducing system approved pursuant to DCC
r protection wastewater treatment system pursuant to DCC 13.14.080,
e the property owner with a release of the notice sufficient for recording
ial records.
13.14.070. Listing Nitrogen Reducing Systems.
A. Onsite Systems used for upgrades to Existing and New Development in the South County shall be
Onsite Systems allowed by the ODEQ.
Chapter 13.14 3
(XXl2 )08)
B. Onsite Systems or components designed to reduce nitrogen, including Maximum Nitrogen Reducing
Systems, shall be identified on a list maintained by the Department.
1. The list shall categorize the systems or components by demonstrated nitrogen reduction capability.
2. The nitrogen reduction categories in this list shall correspond to the performance standards shown
in the legend on the map adopted under DCC 13.14.050(E) and which shows where the specific
performance standards must be achieved.
C. Vendors or designers of Onsite Systems may apply to the County to have additional systems listed by
the Department as nitrogen reducing systems.
1. Applications must be submitted on a form specified by the Departme
by the fee established by the Board.
2. Applications must include documentation that the proposed Ons' ystem will meet the standards
contained in DCC 13.14.050(E) and 13.14.060(A).
a. An application by a vendor or designer to list an +tiona'te System as a nitrogen
reducing system shall include, but is not limited to, the fo swing m d .tion:
i. The quality of the septic tank effluent or wastewater influent rece the system during
the performance test;
ii. The quality of the proposed Onsite System influent and effluent includin_, 'lowing:
a. The quality of the proposed Onsite System nitrogen concentration i ; iding organic
and inorganic forms of nitrogen;
b. Biochemical oxygen demand (5 -day), total suspended solids, pH, dissolved oxygen,
and temperature; and
c. Measurements of waste
iii. Lists of installers and mainten
iv. List of distributors or qualified
v. Additional information and appli
b. Data submitted by vendors or designer
System as a nitrogen reducing system sha
i. Peer reviewed articles;
ii. Third party reports; or
iii. Papers and data presented and publish in conference proceedings.
the total nitrogen concentration of the influent to the proposed Onsite System is
on average, then the system's nitrate reduction performance shall be
ly unless the data show that nitrogen reduction increases as influent
and shall be accompanied
to the system during the performance test.
s certified to work in Oregon;
system in Oregon; and
y the Department.
upport of pplication to list an additional Onsite
nclude at least one of the following:
c. I
G. Onsit
that listi
t a
prorated acc
'ncreases.
ems listed by t
uld be chang
(Ord. 2008-012
epartment shall continue to be listed unless performance data indicates
r revoked.
13.14.080. Approva r Groundwater Protection Wastewater Treatment Systems.
A. A Sewer System is pq ' itted when:
1. A Sewer System has been authorized pursuant to OAR 660-11-0060(9) and OAR 660, division 4,
including documentation that the Deschutes County Comprehensive Plan and Zoning Code have
been amended and acknowledged pursuant to ORS 197; or
2. A Sewer System has been authorized pursuant to OAR 660-011-0060(4) through (7), including
documentation that the Deschutes County Comprehensive Plan and Zoning Code have been
amended and acknowledged pursuant to ORS 197; and
3. The performance of the Sewer System reduces total nitrogen loading for the area to be served, as
measured in kilograms per day, to the minimum level specified by the Nitrate Loading Management
Model and in DCC 13.14.050.
Chapter 13.14 4 (XX/2 )08)
B. A property owner may propose to the County a system other than an Onsite System or a Sewer
System to reduce nitrogen loading to groundwater.
1. The property owner shall have the burden of proof that the proposed system will perform equal
to or better than the performance standards established in DCC 13.14.050.
2. The system proposed to serve either New Development or Existing Development shall meet the
minimum requirements adopted by the Board per DCC 13.14.050.
(Ord. 2008-012 §1, 2008)
13.14.090. Variances.
A. The Department Director or, if on appeal, the Board, may authorize a variance from the requirements of
DCC 13.14.050.
Applications to the Department for variances shall be submitted on a form specified by the Department
and accompanied by the fee established by the Board.
C. The application must state fully the grounds for the vari
must demonstrate how strict compliance with the stand
D. The Department Director or the Board may grant a v
1. The applicant provides a report of a de
hydrogeologist that demonstrates that the groundw
the presence of persistent oxygen -limited groundwate
groundwater for the life of the system; or
2. The applicant demonstrates that an extreme or unusual fina
a. The following factors shall be considered by the Depart
application for a variance based on financial hardship:
1) Applicant's advanced age or poor health;
B.
d facts relied upon by the applicant and
cticable.
of the following situations:
is investigation by a registered
rom nitrogen contamination by
itions that will reduce nitrogen in the
simp,.
ce in one
drogeo
ardship exists.
'the Board in reviewing an
2) Applicant's f
3) Applicant'
4) The av
opera
5) Environme
b. Hardship varianc
1) Limit permits to
2) Limit the number o
3) Require that the syste
al ability to pay for a nitrogen reducing system;
e for aged, incapacitated, or disabled relatives;
ncial assistance that is sufficient to offset the cost of installing,
g a nitrogen reducing Onsite System; and
the variance.
ent shall include conditions that:
e of the ant;
anent residents using the system;
ofitted to a nitrogen reducing Onsite System at time of sale
of the property; and
4) Requiring that the come"lance date specified in DCC 13.14.050(F) shall not apply until
time of sale of the property.
(Ord. 2008-012 §1, 2008)
13.14.100. Appeals.
A. Decisions of the Department made pursuant to this chapter may be appealed to the Board within twelve
days of the date the Department's decision was mailed.
B. The appeal shall be filed with the Department using a form specified by the Department and fee
established by the Board.
C. The documentation supporting the appeal must state fully the grounds on which the applicant is
appealing the decision, the facts relied upon by the applicant and must demonstrate how strict
compliance with the standard is impracticable.
D. Decisions of the Board may be appealed in accordance with DCC 13.40.
(Ord. 2008-012 §1, 2008)
Chapter 13.14 5 (XX/2 008)
13.14.110. Fees.
A. The Board shall establish fees by resolution for permits and services under DCC 13.14.
(Ord. 2008-012 §1, 2008)
13.14.120. Violation.
A. Violation of any provision of DCC 13.14 is a Class A violation.
(Ord. 2008-012 §1, 2008)
Chapter 13.14 6 (XX/2 )08)
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DES TES COUNTY, OREGON
A Resolution Adopting the Nitrate Loading
Management Model to Establish Performance
Standards for Onsite Wastewater Treatment
Systems in South Deschutes County.
* OLU O. 2008-021
*
*
WHEREAS, on June 11, 2008, the Board of County Commissioners (" C r d") adopted
Ordinance 2008-012 to add Deschutes County Code ("DCC") Chapter 13.14 to protec `.ublic waters in
south Deschutes County from pollution by onsite wastewater treatment systems, and
WHEREAS, DCC 13.14.050(E) pro . t the Board must adopt by resolution the minimum
nitrogen reduction standards and the map dep i a cations where these standards apply; and
WHEREAS, beginning in 1999, the '' ite• `a : tical Survey ("USGS") and the
Oregon Department of Environmental Qual < ("DEQ")nducted significant groundwater
investigations in the Upper Deschutes River wa shed, in general, and the La Pine sub -basin in
particular, and
WHEREAS, the USGS and the DEQ devped the three-dimensional groundwater and
nutrient fate and transport model of the La Pine sub -basin of the Upper Deschutes River watershed,
and
WHEREAS, on or about 2007, the USGS and the DEQ published documentation of the
development and findings of the groundwater study, the three-dimensional groundwater and nutrient
transport model and the Nitrate Loading Management Model, and
WHEREAS, the USGS developed the Nitrate Loading Management Model ("Model") as a
groundwater quality management tool for use in south Deschutes County, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. The Board adopts the Nitrate Loading Management Model published by the USGS
in December 2007 as the basis for approving the nitrogen reducing onsite wastewater treatment
systems pursuant to DCC Chapter 13.14.
PAGE 1 OF 2 - RESOLUTION NO. 2008-021
Section 2. The minimum performance standard required for a proposed nitrogen reducing
system under DCC Chapter 13.14.070(B) shall be 35% reduction of total nitrogen, which is
approximately equal to a maximum of 30 mg/1 total nitrogen in wastewater treatment system effluent
from a typical residence.
Section 3. The maximum performance standard required for a proposed nitrogen reducing
system under DCC Chapter 13.14.070(B) shall be the maximum nitrogen reduction achievable by a
system approved by the DEQ and listed by Deschutes County as a Maximum Nitrogen Reducing
System pursuant to DCC 13.14.060.
Section 4. The a proposed nitrogen reducing system under DCC Chapter 13.14.070(B) shall
maintain no higher than 7 mg/L nitrate as N average co tions in the shallow groundwater in
accordance with OAR 340-040, Groundwater Quality Pr
Section 5. The locations where the above p
systems in the south Deschutes County region are iden
attached hereto and by this reference incorporated herein.
ce stan
ds must be achieved for existing
ap attached as Exhibit "A,"
Section 6. The Deschutes County Community Develop
map identifying the locations where the above performance stand
systems in south Deschutes County.
epartment shall maintain tine
t be achieved for existing
DATED this day of
ATTEST:
, 2008.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Recording Secretary
PAGE 2 OF 2 - RESOLUTION NO. 2008-021
DENNIS R. LUKE, Chair
TAMMY MELTON, Vice Chair
MICHAEL M. DALY, Commissioner