HomeMy WebLinkAboutOrdinance 019 InterpretationBoard Work Session
Ordinance 2008-019 Interpretation
August 19, 2009
Background:
Ordinance 2008-019 (attached) requires installation of a nitrogen reducing septic
system for all new construction in southern Deschutes County. When the
ordinance was adopted, it is likely that the Board of Commissioners envisioned a
scenario of new development on bare land.
There have been two recent situations however where a literal reading of the
ordinance might dictate the requirement of a nitrogen reducing system, when that
might not be the intent of the Board in the adoption of the ordinance.
Situation 1:
An approved manufactured home was destroyed by fire this past winter. The
owners desire to place a new manufactured home on the property. The existing
septic system does not appear to have been damaged, although that has not
been verified. However, the system was approved in 1976 and likely has a
limited useful life left. The property is also located in an area of high groundwater,
and under existing rules not related to Ordinance 2008-019, would be required to
upgrade from a standard system to a sand filter at time of system replacement.
Since the placement of a new manufactured home (even though it is a
replacement) falls under the category of new construction, a nitrogen reducing
system may be required.
Situation 2:
A property is currently in code enforcement for the illegal conversion of an
accessory structure to a dwelling. The accessory building was approved in 1989,
and sometime after that was converted to a dwelling, and a non -permitted septic
system was installed. The work was not done by the current owner.
Because the required permits to approve the conversion of the structure to a
dwelling fall under the category of new construction, a nitrogen reducing system
may be required.
Requested Action:
Provide specific direction to staff on whether these situations should require the
installation of a nitrogen reducing septic system under Ordinance 2008-019.
Note — Legal counsel is reviewing the ordinance and will advise on whether or
not a formal modification of Ordinance 2008-019 is required if the Board's
direction is to not require a nitrogen reducing system in these situations.
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance to Establish County Procedures
Under Oregon Rule to Minimize Groundwater
Pollution in South Deschutes County, and
Declaring an Emergency.
*
*
*
ORDINANCE NO. 2008-019
WHEREAS, extensive monitoring and study by the United States Geological Survey ("USGS") and the
Oregon Depai tiuent of Environmental Quality has shown that the groundwater underlying the south Deschutes
County region is threatened by discharges from conventional onsite wastewater treatment systems serving
development in the region, and
WHEREAS, south Deschutes County is identified as those unincorporated portions of Deschutes
County contained in Townships 19, 20, 21, 22 and Ranges 9, 10, and 11, except those areas authorized by the
State for sewer; and
WHEREAS, recent studies have shown that the predominant source of nitrate contamination of the
groundwater in south Deschutes County is from onsite wastewater treatment systems; and
WHEREAS, OAR 340-071-0130(1) states that county permitting authorities acting on behalf of the
State, such as Deschutes County, may not authorize installation of a wastewater treatment system that is likely
to pollute public waters, but rather, must require the installation of a wastewater treatment system that protects
public waters or public health; and
WHEREAS, the Oregon Depai tinent of Environmental Quality, in a letter dated January 4, 2008,
determined that a public health hazard exists in the south Deschutes County area; and
WHEREAS, Deschutes County Code 11.12.010 defines "Nitrogen Reducing System" as a wastewater
treatment system that reduces nitrogen loading to the groundwater in accordance with the Nitrate Loading
Management Model and that is approved by Deschutes County" and defines "Nitrate Loading Management
Model" as "the groundwater model developed by the USGS to determine the nitrate loading capacity of the
drinking water aquifer underlying south Deschutes County;" and
WHEREAS, nitrogen reducing onsite wastewater treatment systems are available and effective to
reduce pollutants contributing to the public health hazard and protect public waters; and
WHEREAS, requiring nitrogen reducing systems for any new County permit for construction,
installation, major alteration or major repair helps reduce pollution contributing to the public health hazard; and
WHEREAS, on and after July 1, 2006 Deschutes County required property owners in south Deschutes
County who requested site evaluation report approvals for construction, installation, major alteration or major
repairs to wastewater treatment systems to install nitrogen reducing wastewater treatment systems; and
WHEREAS, prior to July 1, 2006 owners of approximately 700 properties in south Deschutes County
had received county site evaluation report approvals for onsite wastewater treatment systems, for which the
PAGE 1 OF 3 - ORDINANCE NO. 2008-019 (06/11/08)
property owners have not received a permit to install the wastewater treatment system, and for those site
evaluation report approvals, the onsite wastewater treatment system that would have been approved at the time
of the site evaluation report is for a system that will not protect the groundwater in South Deschutes County
from nitrogen discharges; and
WHEREAS, repairs, replacements or remodels of existing development comprise approximately ninety
percent (90%) of the permits currently being issued; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. Except as provided in Section 4 of this Ordinance, every owner of property with or without
an existing onsite wastewater treatment system site evaluation report approval must install a nitrogen -reducing
onsite wastewater treatment system in order to receive a County permit for construction, major alteration or
major repair, as defined in Section 3 of this Ordinance.
Section 2. The requirements shall apply to onsite wastewater treatment system permit applications
submitted on and after the effective date of this Ordinance.
Section 3. The following definitions from OAR 340-071-0100 are applicable to this Ordinance:
a. "Alteration" means expansion or change in location of an existing system or any part thereof.
1) Major alteration is the expansion or change in location of the soil absorption facility or
any part thereof.
2) Minor alteration is the replacement or relocation of a septic tank or other components of
the system other than the soil absorption facility.
b. "Construction" includes the installation of a new system or part thereof or the alteration, repair;
or extension of an existing system. The grading, excavating, and earth -moving work connected
with installation, alteration, or repair of a system or part thereof is considered system
construction.
c. "Repair" means installation of all portions of a system necessary to eliminate a public health
hazard or pollution of public waters created by a failing system. Major repair is the replacement
of a sand filter, RGF, ATT, or soil absorption system.
d. "Onsite Wastewater Treatment System" means any existing or proposed subsurface onsite
wastewater treatment and dispersal system including but not limited to a standard subsurface,
alternative, experimental, or nonwater-carried sewage system.
e. "Site Evaluation Report" means a report on the evaluation of a site to determine its suitability
for an onsite system prepared in accordance with OAR 340-071-0150.
f. "System" or "onsite system" means "onsite wastewater treatment system."
Section 4. The requirements of this Ordinance shall apply only to those unincorporated properties
within Townships 19, 20, 21, 22 and Ranges 9, 10, and 11, except those areas authorized by the State for a
sewer system.
Section 5. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason,
held to be invalid or unconstitutional, such decision shall not affect the validity of any remaining portion or
portions of this Ordinance, unless:
1. The remaining part or parts are so essentially and inseparably connected with and dependent upon
the unconstitutional or invalid part that it is apparent that the remaining part or parts would not
have been enacted without the unconstitutional or invalid part; or
PAGE 2 OF 3 - ORDINANCE NO. 2008-019 (06/11/08)
2. The remaining part or parts, standing alone, are incomplete and incapable of being carried out in
accordance with the Board of County Commissioners' intent.
Section 6. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
Dated this / /1;61(3f 2008 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
Date of 1st Reading: / / day of
40)
Date of 2nd Reading: l ! — day of
DE
IS R. LUKE, Chair
ice Chair
2008.
, 2008.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke c�
Tammy Melton
Michael M. Daly
Effective date: t trA''' day of
ATTEST:
Recording Secretary
, 2008.
PAGE 3 OF 3 - ORDINANCE NO. 2008-019 (06/11/08)
DAL , Co issioner