Chapter 13.16
PRIVATE SEWAGE DISPOSAL SYSTEMS

Sections:

13.16.010    Purpose.

13.16.020    Sewage disposal regulations.

13.16.030    Sewage disposal permit.

13.16.040    Filing fees.

13.16.050    Evaluation of soils for subsurface sewage disposal.

13.16.060    Compliance with regulation provisions.

13.16.070    Repair of existing systems.

13.16.080    Inspection of installations.

13.16.090    Stop work orders.

13.16.100    Lapse of permit.

13.16.110    Enforcement.

13.16.120    Appeal.

13.16.130    Unlawful construction a nuisance.

13.16.140    Remedies for unlawful structures.

13.16.150    Interpretation.

13.16.160    Penalties.

13.16.010 Purpose.

This chapter is enacted for the purpose of ensuring that adequate and safe sewage disposal installations are provided to dispose of all sewage not accessible to the city of Eagle Point sewer system, in a manner which will minimize conditions that may create a nuisance or endanger the public health. Further, the purpose of this chapter is to ensure that no general pollution of ground waters or of any natural or manmade watercourses will occur as a result of the development of any area of the city at housing densities which exceed the physical limitations of the soils to accommodate the effluent from individual subsurface disposal systems. [Ord. 4-19 § 1, 1972].

13.16.020 Sewage disposal regulations.

The Regulations Governing the Subsurface Disposal of Sewage, 1969, from OAR chapter 333, Division 4, Subdivision 1, Board of Health, adopted pursuant to authority granted in ORS 431.130 and 447.020, Sections 41-001 to 41-045, are adopted by reference as the regulations for the city of Eagle Point except as follows:

A. Only water-carried systems may be used for subsurface sewage disposal.

B. The minimum septic tank capacity and drain field area for a one-bedroom dwelling shall be not less than the requirements set forth in the regulations for a two-bedroom dwelling.

C. The location of subsurface sewage disposal drain fields shall be not less than 100 feet from any existing source of domestic water supply, presently or potentially unsafe as a domestic water supply.

D. The location of any well or other source of domestic water supply, presently or potentially unsafe as a domestic water supply, shall be not less than 100 feet from any existing subsurface sewage disposal drain field.

E. The building lot on which both an individual water supply source and a subsurface sewage disposal system are to be provided shall be at least one acre in area. If a building lot will be served by community water supply, the minimum lot area may be one-half acre. [Ord. 4-19 § 2, 1972].

13.16.030 Sewage disposal permit.

A. No person shall:

1. Construct, move, reconstruct, extend or enlarge any building or structure or addition to such building or structure or place any trailer, camper or mobile home that includes, will include, or is designed or intended to include sanitary facilities not connected to an improved community sewer without first obtaining a sewage disposal permit for the sewage disposal facilities included or to be included in the proposed construction, moving, reconstruction, extension, enlargement or replacement;

2. Replace, extend or otherwise modify an existing sewage disposal facility without first obtaining a sewage disposal permit for the proposed replacement, extension or modification.

B. The application shall include a site plan drawn on a scale to show the following information:

1. Location of building(s);

2. Lot lines;

3. The location and measured distances of all contiguous water sources such as wells, rivers, streams, lakes or canals used for human or animal consumption or irrigation for a distance of 100 feet and tangential to the applicant’s sewage disposal installation;

4. Drainage ways and waterlines;

5. The dimensions and capacities of existing sewage disposal facilities;

6. The proposed location of waste lines and sewage disposal facilities.

C. The application for a sewage disposal permit shall be deemed consent by the applicant to an on-site inspection by the health officer of the property to which the application relates. [Ord. 4-19 § 3, 1972].

13.16.040 Filing fees.

A. A request to the health officer for a soil percolation test shall be accompanied by a fee of $5.00 for each building site. The fee for the percolation test is separate from the $5.00 application filing fee.

B. A filing fee of $5.00 shall accompany each application for a sewage disposal permit. [Ord. 4-19 § 4, 1972].

13.16.050 Evaluation of soils for subsurface sewage disposal.

A. Before issuing a sewage disposal permit, the health officer shall evaluate all available soil information together with a measured percolation test result to determine soil use for subsurface sewage disposal. In evaluating the soil’s capacity to support a subsurface sewage disposal system, the health officer shall review the following soil characteristics or qualities:

1. Soil permeability (water movement rate);

2. Soil texture (amount of sand, silt and clay);

3. Depth of soil;

4. Seasonal or permanent high water table;

5. Natural slope of the landscape;

6. Hazard of flooding;

7. Presence of water-restricting layers;

8. Hazard of groundwater contamination;

9. Other soil related limitations.

B. The soils in Eagle Point vary in natural characteristics and qualities which greatly affect their use for subsurface sewage disposal. These soil characteristics and qualities have been interpreted and rated by the United States Department of Agriculture, Soil Conservation Service, according to the soil limitations for subsurface sewage disposal, and are set forth in Appendix A, Table I of this chapter. Subsurface sewage disposal facilities shall be installed in accordance with Table I (Appendix A) and shall be guided by the following housing density standards:

Degree of Soil Limitation

Minimum Lot Area Per Dwelling Unit

Slight limitation

1 acre

Moderate limitation

2-1/2 acres

Severe limitation

5 acres

Very severe limitation

10 acres

C. In addition to conducting a soil evaluation for subsurface sewage disposal, the health officer shall take readings of on-site percolation tests. The percolation tests shall be used as one of several criteria to determine the minimum seepage area requirements for subsurface disposal field installations. Test holes will be bored or provided by applicant according to the procedures in Appendix B. These requirements are listed in Appendix A, Table II. The required procedure for performing the percolation test is set forth in Appendix B of this chapter.

D. Any soil in which natural slopes exceed 12 percent, or where the depth to bedrock is less than four feet, or where the permeability of water moving through the undisturbed soil is less than six minutes per inch or greater than 60 minutes per inch, shall not be used for subsurface sewage disposal unless the adverse condition can be overcome by one or any combination of the following measures:

1. By increasing the minimum lot area as specified in subsection B of this section; or

2. By reduction of slopes by grading; or

3. By elimination or avoidance of bedrock; or

4. By provision for a larger seepage area; or

5. By other physical site modifications.

E. An applicant for a sewage disposal permit shall have the opportunity to submit evidence contesting the soil data and limitation tables which appear in this chapter. If contested, the health officer may request the United States Department of Agriculture, Soil Conservation Service, to provide expert assistance in making supplemental investigations. [Ord. 4-19 § 5, 1972].

13.16.060 Compliance with regulation provisions.

A. Structures for septic tank and liquid waste disposal facilities constructed under the authority of this chapter shall be in accordance with its provisions. In addition, the provisions of ORS chapters 446, 447, 449, and 693 apply.

B. Subsurface disposal fields shall not be covered by any structure or building or with concrete, blacktop, oil or other water-impervious materials. No shrubs, trees or plants shall be planted over drainfield areas whose roots would extend into the drainfield gravel.

C. Any pipes or lines which are part of a sewage disposal system, that run under driveways, roads or parking lots must be made of cast iron. [Ord. 4-19 § 6, 1972].

13.16.070 Repair of existing systems.

A. In the case of drainfields or disposal areas which were located at least 50 feet but less than 100 feet from water supplies prior to adoption of the ordinance codified in this chapter, the health officer may give approval for repairs to such installations where, in his or her opinion, such repairs will not be detrimental to the environmental health or general welfare of the surrounding community and compliance with the present ruling of 100 feet minimum would not be practicable.

B. In the case of repair or replacement of septic installations which have failed for any reason, the health officer shall inspect the installation and if the tank is found to be undersized by more than 10 percent he shall require installation of a total tank capacity according to provisions of this chapter. In the case of failure of the subsurface disposal system, the system shall be repaired under the provisions of this chapter.

C. When permits are issued covering repairs to existing installations, the work shall start within 30 days of the date the permit is issued and shall be completed within 45 days of that date. [Ord. 4-19 § 7, 1972].

13.16.080 Inspection of installations.

All installations of subsurface sewage disposal systems shall be inspected by the health officer. The installer shall notify the health officer prior to beginning construction and also request an inspection for approval of the installation prior to covering the work. The health officer shall make an inspection of the completed installation within two working days following the request. Installation approval certifies only that the work has been done according to provisions of this chapter. [Ord. 4-19 § 8, 1972].

13.16.090 Stop work orders.

The health officer shall order stoppage of work on a sewage disposal installation for which a permit is required at any time that he finds that the work does not comply with this chapter or approved plans. Upon receipt of the order, the permittee or his agent and all persons working under his supervision shall promptly cease the work. Work may not be resumed until written notice is served that the order has been lifted. [Ord. 4-19 § 9, 1972].

13.16.100 Lapse of permit.

A permit for new installations shall become void unless operations authorized by the permit are commenced within one year from the date the permit is issued. [Ord. 4-19 § 10, 1972].

13.16.110 Enforcement.

The health officer or his authorized representative shall have the power and duty to enforce the provisions of this chapter. [Ord. 4-19 § 11, 1972].

13.16.120 Appeal.

In the event the applicant or other interested persons are not satisfied with the action of the health officer, they may within 30 days appeal to the planning commission. Decisions of the planning commission shall be limited to interpretations of the chapter. The planning commission shall receive a report and recommendation from the health officer and shall hold a public hearing on the appeal. Notice of the public hearing shall be by publication in a newspaper of general circulation in the city not less than 10 days prior to the hearing. [Ord. 4-19 § 12, 1972].

13.16.130 Unlawful construction a nuisance.

As provided in ORS 215.180, the location, erection or construction of a building, mobile home, trailer, or other structure in violation of this chapter shall be deemed a nuisance. [Ord. 4-19 § 14, 1972].

13.16.140 Remedies for unlawful structures.

As provided in ORS 215.185, in case a building or other structure is, or is proposed to be, located, constructed, maintained, repaired, altered or used in violation of this chapter, the governing body or city attorney or a person whose interest in real property in the city is or may be affected by the violation, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, or other appropriate proceedings to prevent, temporarily or permanently enjoin, abate, or remove the unlawful location, construction, maintenance, repair, alteration, or use. When a temporary restraining order is granted in a suit instituted by a person who is not exempt from furnishing bonds or undertakings under ORS 22.010, the person shall furnish undertaking as provided in ORS 32.010 to 32.060. [Ord. 4-19 § 15, 1972].

13.16.150 Interpretation.

Where the conditions imposed by any provision of this chapter are less restrictive than comparable conditions imposed by any other provisions of this chapter or of any other ordinance, resolution, or regulation, the provisions which are more restrictive shall govern. [Ord. 4-19 § 16, 1972].

13.16.160 Penalties.

Violation of any provision of this chapter is punishable upon conviction by:

A. A fine of not more than $100.00 for each day of violation where the offense is a continuing offense but such fine may not exceed $1,000.

B. A fine of not more than $500.00 where the offense is not a continuing offense. [Ord. 4-19 § 17, 1972].

APPENDIX A

Table I: Minimum Lot Area Recommendations By Soil Type* 

Soil Name

Soil Map Symbol

Minimum Lot Area Per Dwelling Unit (Acres)

Soil Limitation for Individual Sewage Disposal System

Abiqua

2A

2-1/2

Moderate

Abiqua

24A

5

Severe

Agate-Winlo

32A

10

Very severe

Barron

53A

1

Slight

Brader

18B

10

Very severe

Brader

18D

10

Very severe

Camas

7A

10

Very severe

Camas

8A

10

Very severe

Carney

64B

10

Very severe

Carney

64D

10

Very severe

Carney

65D

10

Very severe

Carney

64E

10

Very severe

Central Point

46A

1

Slight

Chehalis

4A

2-1/2

Moderate

Coker

62A

10

Very severe

Coker

61A

10

Very severe

Coleman

56B

5

Severe

Coleman

40B

5

Severe

Cove

39A

10

Very severe

Debenger

20B

5

Severe

Debenger

20D

10

Very severe

Evans

3A

2-1/2

Moderate

Kerby

21A

1

Slight

Kubli

44A

5

Severe

Medford

38A

2-1/2

Moderate

Mixed alluvial land

75A

—

Unsuitable**

Newberg

1A

5

Severe

Newberg

17A

1

Slight

Phoenix

63A

10

Very severe

Pollard

59B

5

Severe

Pollard

59D

5

Severe

Riverwash

RW

—

Unsuitable**

Ruch

55B

2-1/2

Moderate

Ruch

55D

5

Severe

Ruch

58B

2-1/2

Moderate

Steiwer

70B

5

Severe

Steiwer

70D

10

Very severe

Steiwer

71B

5

Severe

Steiwer and Debenger

70E

10

Very severe

Winlo

41A

10

Very severe

* The minimum lot area indicated in this table will be used only as a general guide when making determinations as to the suitability of a parcel of land for subsurface sewage disposal systems.

** Subject to annual flooding.

APPENDIX A

Table II: Minimum Seepage Area Requirements By Percolation Rate 

Percolation Rate (Minutes per Inch)

Minimum Area Required for Dwelling of Two Bedrooms or Less, or 200 Gallons of Daily Sewage Flow (Square Feet)

Minimum Area Required for Each Additional Bedroom Over Two or 100 Gallons of Daily Sewage Flow (Square Feet)

Less than 6*

—

—

6

280

140

10

330

165

15

380

190

30

500

250

45

600

300

60

660

330

More than 60*

—

—

* Unsuitable for any type of subsurface sewage disposal system.

APPENDIX B

Soil Percolation Test Procedure 

1.

Dig or bore three or more test holes to a depth of not less than 30 inches for each proposed lot. Test holes shall have vertical sides and a diameter ranging from four to 12 inches.

2.

If the sides of the holes have become glazed while digging, they shall be roughened or scratched. All loose material which could interfere with water entry into the soil must be removed from the holes. About two inches of sand or fine gravel must then be added to protect the bottom of the holes from sealing.

3.

Fill the holes with water to a depth of at least 12 inches and keep water in the holes overnight. The holes should be refilled with water if necessary. The soil must be thoroughly wetted so that it functions in the same manner as it would during the wettest period of the year.

4.

If water remains in the holes after the overnight presoak period, adjust the water level to a depth of at least 12 inches.

5.

From a fixed reference point, such as a board placed over or across the top of the test holes, measure down to the surface of the water. Record the drop in water level at approximately 30-minute intervals over a period of four hours. To obtain the percolation rate divide the time, in minutes, by the number of inches the water level has dropped during the test period. The percolation rate for the final 30-minute period shall be given first consideration in determining drainfield area.

6.

In sandy soils the time interval between measurements shall be reduced to 10 minutes and the testing period reduced to one hour. The drop rate that occurs during the final 10 minutes shall be used to calculate the percolation rate.

7.

The average rates for all the tests shall be used in calculating the minimum seepage area requirement as set forth in Appendix A, Table II.