STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION (2018)
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
ENVIRONMENTAL HEALTH
AND SAFETY CODE
CONFEDERATED TRIBES
OF THE
UMATILLA INDIAN RESERVATION
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
ENVIRONMENTAL HEALTH AND SAFETY CODE
TABLE OF CONTENTS
CHAPTER 1. INTRODUCTORY PROVISIONS ........................................................................1
1.005
Purpose.........................................................................................................1
1.010
Definitions....................................................................................................1
1.015
Scope Of Authority ......................................................................................1
1.020
Jurisdiction ...................................................................................................1
1.025
Tribal Health Philosophy .............................................................................2
1.030
Environmental Health Officer......................................................................2
1.035
Administrative Appeals ...............................................................................2
1.040
Enforcement Hearings .................................................................................3
1.045
Technical Review Committee ......................................................................3
1.050
Adoption ......................................................................................................3
1.055
Amendment And Review Clause .................................................................4
1.060
Inter-Governmental Agreements .................................................................4
1.065
Construction .................................................................................................4
1.070
Certification And Adoption Of Publishing ..................................................4
1.075
Effective Date ..............................................................................................4
CHAPTER 2. ADMINISTRATIVE PROVISIONS ......................................................................4
2.005
Introduction ..................................................................................................4
2.010
Code Administration ....................................................................................4
2.015
Permit Requirements ....................................................................................5
2.020
Review Of Permit Application.....................................................................5
2.025
False Information On Application For Permit .............................................5
2.030
Revocation, Amendment Of Permit .............................................................5
2.035
Duration Of Permits .....................................................................................5
2.040
Extension Of Permit Period .........................................................................6
2.045
Fee Collection ..............................................................................................6
2.050
Exceptions From Standards .........................................................................6
2.055
Code Amendments .......................................................................................8
2.060
Appeals ........................................................................................................8
2.065
Rehearings..................................................................................................10
2.070
Jurisdiction Of Tribal Court .......................................................................10
2.075
Scope Of The Court’s Review ...................................................................10
2.080
Unlawful Interference ................................................................................10
CHAPTER 3. ENFORCEMENT PROCEDURES .......................................................................11
3.005
Code Enforcement .....................................................................................11
3.010
Complaints .................................................................................................11
3.015
Investigation...............................................................................................11
3.020
Citations .....................................................................................................11
3.025
Abatement Actions.....................................................................................12
3.030
Umatilla Tribal Court .................................................................................12
CHAPTER 4. [THIS CHAPTER RESERVED FOR FUTURE USE] .........................................13
CHAPTER 5. FEE SCHEDULE ..................................................................................................13
5.050
Except As Otherwise Noted In This Code, The Following
Fees Shall Apply ........................................................................................13
5.010
Appeals Procedures (Chapter 2) ................................................................13
5.015
Onsite Sewage Disposal Systems (Chapter 6) ...........................................13
5.020
[Reserved for Future Use]..........................................................................18
5.025
Food Sanitation (Chapter 8) .......................................................................18
5.030
Bed And Breakfast Food Sanitation (Chapter 9) .......................................19
ENVIRONMENTAL HEALTH AND SAFETY CODE
PAGE i
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
5.035
5.040
5.045
5.050
5.055
5.060
5.065
Public Swimming Pools (Chapter 10)........................................................19
Public Spa Pools (Chapter 11) ...................................................................19
Organizational Camps (Chapter 12) ..........................................................19
Dog Control (Chapter 13) ..........................................................................20
Maintenance Of Livestock And Other Animals
(Chapter 14) ...............................................................................................20
Hazardous Waste (Chapter 15) ..................................................................20
Refunds ......................................................................................................20
CHAPTER 6. ON-SITE SEWAGE DISPOSAL ..........................................................................20
6.005
Purpose.......................................................................................................20
6.010
Definitions..................................................................................................21
6.015
On-Site Sewage Disposal Systems ............................................................34
6.020
Responsibility For Systems .......................................................................34
6.025
General Standards, Prohibitions, And Requirements ................................34
6.030
Site Evaluation Procedures ........................................................................38
6.035
Existing System Evaluation Report ...........................................................40
6.040
Permit Application Procedures General Requirements ................................................................................40
6.045
Permit Application Procedures - Wpcf Permits .........................................42
6.050
Permit Denial Review ................................................................................46
6.055
Pre-Cover Inspections ................................................................................46
6.060
Certificate Of Satisfactory Completion .....................................................47
6.065
Decommissioning Of Systems ...................................................................47
6.070
Upgrading Disposal Systems .....................................................................48
6.075
Prior Construction Permits Or Approvals ..................................................48
6.080
Authorization To Use Existing Systems ....................................................48
6.085
Alteration Of Existing On-Site Sewage
Disposal Systems .......................................................................................51
6.090
Repair Of Existing Systems .......................................................................52
6.095
Standard Subsurface Systems ....................................................................52
6.100
Alternative Systems, General.....................................................................58
6.105
Capping Fills ..............................................................................................58
6.110
Evapotranspiration-Absorption (Eta) Systems ..........................................60
6.115
Pressurized Distribution Systems ..............................................................61
6.120
Seepage Trench System .............................................................................63
6.125
Redundant Systems ....................................................................................64
6.130
Conventional Sand Filter Systems .............................................................65
6.135
Conventional Sand Filter Design And Construction .................................68
6.140
Other Sand Filter Designs ..........................................................................71
6.145
Recirculating Gravel Filter (Rgf) ...............................................................72
6.150
Sand Filter System Operation And Maintenance.......................................75
6.155
Steep Slope Systems ..................................................................................75
6.160
Tile Dewatering System .............................................................................76
6.165
Split Waste Method....................................................................................77
6.170
Gray Water Waste Disposal Sumps ...........................................................77
6.175
Nonwater-Carried Facilities .......................................................................78
6.180
Cesspools And Seepage Pits ......................................................................78
6.185
Holding Tanks ............................................................................................79
6.190
Aerobic Systems ........................................................................................80
6.195
Disposal Trenches In Saprolite ..................................................................82
6.200
Geographic Area Special Considerations ..................................................83
6.205
Rural Area Consideration ..........................................................................83
6.210
Experimental Systems ................................................................................84
6.215
Moratorium Areas ......................................................................................85
6.220
Community Systems ..................................................................................86
6.225
Large Systems ............................................................................................86
ENVIRONMENTAL HEALTH AND SAFETY CODE
PAGE ii
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
6.230
6.400
6.405
6.410
6.415
6.420
6.425
6.430
6.435
6.440
6.445
6.450
6.455
6.460
6.465
6.470
6.475
Sewage Disposal Service ...........................................................................87
Tank Construction......................................................................................93
Septic Tanks ...............................................................................................95
Dosing Septic Tank ....................................................................................96
Distribution Boxes .....................................................................................96
Drop Boxes ................................................................................................97
Filter Fabric ................................................................................................97
Diversion Valves ........................................................................................98
Dosing Tanks .............................................................................................98
Dosing Assemblies: Effluent Pumps, Controls
And Alarms, And Dosing Siphons.............................................................98
Effluent Filters .........................................................................................100
Pipe Materials And Construction .............................................................100
Privies And Portable Toilet Shelters ........................................................102
Unsealed Earth Pits For Privies ...............................................................103
Self-Contained Non-Water-Carried Toilet Facilities ...............................104
Construction Of Gray Water Waste Disposal Sumps ..............................104
Flexible Membrane Liners For Sand Filters
Treating Septic Tank Effluent ..................................................................104
CHAPTER 7. SOLID WASTE MANAGEMENT .....................................................................108
7.005
Purpose, Policy, And Scope .....................................................................108
7.010
Definitions................................................................................................108
7.015
Collection, Transportation, And Disposal Of
Solid Waste ..............................................................................................110
7.020
Infectious Wastes .....................................................................................110
7.025
Abandoned Vehicles ................................................................................110
7.030
Bulk Wastes .............................................................................................111
7.035
Burning ....................................................................................................112
7.040
Composting ..............................................................................................112
7.045
Dead Animals...........................................................................................112
7.050
Transfer Station Facilities ........................................................................112
7.055
Landfills ...................................................................................................112
7.060
TERF Exclusive Provider of Sold Waste and Recyclables Service ...... 111
CHAPTER 8. FOOD SANITATION .........................................................................................112
8.000
Food Code ................................................................................................112
8.005
Purpose.....................................................................................................112
8.010
Adoption Of Food Code...........................................................................113
8.015
Insertions And Changes ...........................................................................113
8.020
Definitions ...............................................................................................114
8.025
Certification of Domestic Kitchens .........................................................114
8.030
Approved Food Products .........................................................................114
CHAPTER 9. BED AND BREAKFAST FOOD SANITATION ..............................................115
9.005
Definitions................................................................................................115
9.010
Application Of This Chapter....................................................................115
9.015
Animal Restrictions .................................................................................115
9.020
Equipment Replacement ..........................................................................115
9.025
Employee Change Rooms ........................................................................115
9.030
Dishwashing.............................................................................................115
9.035
Plumbing ..................................................................................................115
9.040
Ventilation................................................................................................115
9.045
Construction .............................................................................................115
9.050
Utility Facilities .......................................................................................118
9.055
Food Storage ............................................................................................119
9.060
Food Source .............................................................................................119
ENVIRONMENTAL HEALTH AND SAFETY CODE
PAGE iii
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
9.065
9.070
Laundry Facilities ....................................................................................119
Toilet And Handwashing Facilities .........................................................119
CHAPTER 10. PUBLIC SWIMMING POOLS .........................................................................119
10.000
Purpose.....................................................................................................119
10.005
Adoption By Reference............................................................................119
10.010
Definitions................................................................................................119
10.015
Compliance ..............................................................................................121
10.020
Permit To Construct .................................................................................122
10.025
Plans .........................................................................................................123
10.030
Licenses....................................................................................................124
10.035
Conditional Licenses ................................................................................124
10.040
Maintenance And Modification ...............................................................124
10.045
Structural Stability ...................................................................................124
10.050
Size...........................................................................................................125
10.055
Dimensions ..............................................................................................125
10.060
Finishes, Markings And Lifelines ............................................................126
10.065
Illumination ..............................................................................................126
10.070
Ventilation................................................................................................127
10.075
Ladders, Recessed Steps And Stairways .................................................127
10.080
Diving ......................................................................................................127
10.085
Slides ........................................................................................................128
10.090
Waterpark Slides ......................................................................................128
10.095
Elevated Lifeguard Chairs .......................................................................129
10.100
Life Saving Equipment ............................................................................130
10.105
Swimming Pool Enclosure.......................................................................130
10.110
Decks........................................................................................................131
10.115
Overflow Systems ....................................................................................132
10.120
Recirculation System ...............................................................................132
10.125
Inlets And Outlets ....................................................................................133
10.130
Piping .......................................................................................................133
10.135
Pumps.......................................................................................................134
10.140
Filters .......................................................................................................134
10.145
Pool Heaters .............................................................................................135
10.150
Disinfectant And Chemical Feeders ........................................................136
10.155
Meters And Gauges..................................................................................137
10.160
Equipment Room .....................................................................................137
10.165
Ground Fault Interrupter ..........................................................................138
10.170
Bathhouses And Sanitary Facilities .........................................................138
10.175
Visitor And Spectator Areas ....................................................................139
10.180
Food Service ............................................................................................139
10.185
Drinking Fountains ..................................................................................139
10.190
Domestic Water Quality ..........................................................................139
10.195
Pool Water Quality ..................................................................................136
10.200
Operation And Maintenance ....................................................................141
10.205
Safety .......................................................................................................142
10.210
Signs .........................................................................................................142
10.215
Instructional Use Of Limited-Use Pools ..................................................143
Chapter 10 - Appendix: Tables and Figures
CHAPTER 11. PUBLIC SPA POOLS .......................................................................................148
11.005
Purpose.....................................................................................................148
11.010
Adoption By Reference............................................................................148
11.015
Definitions................................................................................................148
11.020
Compliance ..............................................................................................149
11.025
Permit To Construct .................................................................................150
11.030
Plans .........................................................................................................151
ENVIRONMENTAL HEALTH AND SAFETY CODE
PAGE iv
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
11.035
11.040
11.045
11.050
11.055
11.060
11.065
11.070
11.075
11.080
11.085
11.090
11.095
11.100
11.105
11.110
11.115
11.120
11.125
11.130
11.135
11.140
11.145
11.150
11.155
11.160
11.165
11.170
11.175
11.180
Licenses....................................................................................................152
Conditional Licenses ................................................................................152
Maintenance And Modification ...............................................................152
Size...........................................................................................................153
Dimensions ..............................................................................................153
Finishes And Markings ............................................................................153
Illumination ..............................................................................................153
Ventilation................................................................................................153
Ladder, Recessed Steps And Stairways ...................................................154
Spa Pool Enclosure ..................................................................................154
Decks........................................................................................................155
Overflow Systems ....................................................................................155
Recirculation Systems ..............................................................................156
Inlets And Outlets ....................................................................................156
Piping .......................................................................................................157
Pumps.......................................................................................................157
Filters .......................................................................................................157
Heaters .....................................................................................................158
Disinfectant And Chemical Feeders ........................................................159
Air Induction Systems..............................................................................160
Valves, Meters, And Gauges ...................................................................160
Equipment Room .....................................................................................160
Ground Fault Interrupter ..........................................................................161
Bathhouses And Sanitary Facilities .........................................................161
Food Service ............................................................................................162
Domestic Water Quality ..........................................................................162
Spa Water Quality ....................................................................................162
Operation And Maintenance ....................................................................163
Safety .......................................................................................................164
Signs .........................................................................................................165
CHAPTER 12. ORGANIZATIONAL CAMPS .........................................................................165
12.005
Purpose.....................................................................................................165
12.010
Adoption By Reference............................................................................165
12.015
Definitions................................................................................................165
12.020
Licensing Required ..................................................................................167
12.025
Application...............................................................................................167
12.030
Renewal Of License And Accreditation Exemption ................................167
12.035
Plans .........................................................................................................168
12.040
Building Construction ..............................................................................169
12.045
Sleeping Space .........................................................................................169
12.050
Bathing, Handwashing And Toilet Facilities ...........................................170
12.055
Laundry Facilities ....................................................................................171
12.060
Solid Waste ..............................................................................................171
12.065
Insect And Rodent Control ......................................................................172
12.070
Recreational Vehicles ..............................................................................172
12.075
Water Quality, Source And Distribution .................................................172
12.080
Building Plumbing ...................................................................................172
12.085
Sewage Collection And Disposal.............................................................173
12.090
Food Service ............................................................................................173
12.095
Emergency Procedures.............................................................................173
12.100
First Aid ...................................................................................................175
12.105
Special Programs And Facilities ..............................................................177
12.110
Transportation ..........................................................................................180
12.115
Fire Safety ................................................................................................181
12.120
Chemical And Physical Hazards ..............................................................181
ENVIRONMENTAL HEALTH AND SAFETY CODE
PAGE v
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
CHAPTER 13. DOG CONTROL ...............................................................................................181
13.005
Purpose.....................................................................................................181
13.010
Definitions................................................................................................182
13.015
Area Of Application .................................................................................182
13.020
Owner Responsibility And Liability ........................................................182
13.025
Tribal Dog License Requirements ...........................................................182
13.027
Encouraging Community Compliance ....................................................179
13.030
Dog Maintenance .....................................................................................183
13.035
Records ....................................................................................................184
13.040
Dogs At Large, Impound, Destruction .....................................................184
13.045
Dog Bites .................................................................................................185
13.050
Dogs As Public Nuisance, Penalties, Abatement.....................................185
13.055
Enforcement Authority ............................................................................185
CHAPTER 14. MAINTENANCE OF LIVESTOCK AND OTHER ANIMALS .....................186
14.005
Definitions................................................................................................186
14.010
CAFOs Not Allowed................................................................................186
14.020
Permit Required .......................................................................................186
14.025
Access To Facilities .................................................................................186
14.030
Application For AFO ...............................................................................187
14.035
Site Plans..................................................................................................187
14.040
Permit Renewal ........................................................................................187
14.045
AFO Prohibited In Flood Plain ................................................................187
14.050
AFO Wastewater Retention .....................................................................187
14.055
Animal Health ..........................................................................................187
14.060
Facilities ...................................................................................................187
14.065
Livestock Wastes .....................................................................................187
14.070
Environmental Degradation .....................................................................188
CHAPTER 15. HAZARDOUS WASTE ....................................................................................188
15.005
Decontamination Of Illegal Drug Laboratory Manufacturing Sites ........188
CHAPTER 16. [THIS CHAPTER RESERVED FOR FUTURE USE] .....................................188
CHAPTER 17. SAFETY ............................................................................................................188
17.005
Intent ........................................................................................................188
17.010
Definitions................................................................................................188
17.015
Osha .........................................................................................................189
17.020
Dwelling Unit Occupancy........................................................................190
17.025
Water Quality ...........................................................................................191
17.030
Boxing, Wrestling or Mixed Martial Arts Events………………………186
APPENDIX A. LEGISLATIVE HISTORY
ENVIRONMENTAL HEALTH AND SAFETY CODE
PAGE vi
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
ENVIRONMENTAL HEALTH AND SAFETY CODE
CHAPTER 1. INTRODUCTORY PROVISIONS
1.005 PURPOSE
The purpose of this Code is to set forth the administrative procedures, regulations, standards and
protocols to assure the highest quality of environmental, public, and personal health and safety
on the Umatilla Indian Reservation.
1.010 DEFINITIONS
The following definitions are applicable to all parts of this Code. Words defined in this Code
include the following meanings: words used in the present tense include the future; the singular
number includes the plural; the masculine form includes the feminine; the word “shall” is
mandatory and not directory, and the term “this chapter” shall be deemed to include all
amendments hereafter made to that chapter. The definitions applicable to the entire Code are:
(1)
“BIA” means the U.S. Department of Interior Bureau of Indian Affairs.
(2)
“Board of Trustees” or “BOT” means the governing body of the Confederated Tribes of
the Umatilla Indian Reservation.
(3)
“Commission” means the Natural Resources Commission of the Confederated Tribes of
the Umatilla Indian Reservation.
(4)
“Completed Application” means one in which the application form is completed in full, is
signed by the owner or that person’s authorized representative, and is accompanied by all
required exhibits and required fee.
(5)
“Confederated Tribes of the Umatilla Indian Reservation”, “Confederated Tribes”,
“CTUIR”, “Tribes”, and “Tribal” means the government of the Umatilla Indian
Reservation as modified under the Constitution and Bylaws of the Confederated Tribes of
the Umatilla Indian Reservation in Oregon, as approved December 7, 1949.
(6)
“Environmental Health Officer” means the person within the Tribal Planning Office who
is has been assigned the responsibility for the administration and enforcement of this
Code, or the Officer’s designee.
(7)
“Municipality” means any county, city, special service district, or other governmental
entity having authority recognized by the Confederated Tribes of the Umatilla Indian
Reservation, or any combination or two or more or the foregoing acting jointly.
(8)
“Person” includes individuals, corporations, associations, firms, partnerships, joint stock
companies, public and municipal corporations, political subdivisions, a State of the
United States and any agencies thereof, and the federal government and any agencies
thereof, or any other entity whatsoever.
(9)
“Tribal Planning Office” (TPO) means the Tribal office responsible for oversight of the
Land Development Code program and the Environmental Health Office of the
Confederated Tribes of the Umatilla Indian Reservation.
1.015 SCOPE OF AUTHORITY
The authority and provisions of this Code extend to all Indian and Non-Indian lands, private
business operations, public facilities and uses on the Umatilla Indian Reservation to the fullest
extent authorized by applicable law.
1.020 JURISDICTION
ENVIRONMENTAL HEALTH AND SAFETY CODE
PAGE 1
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
All administrative and enforcement actions under this Code shall be matters of civil jurisdiction.
Appeals of permit denials or revocations shall be to the Umatilla Tribal Court. Trial of citations
shall be heard in the Umatilla Tribal Court. Any other causes of action arising under this Code
shall be the sole jurisdiction of the Umatilla Tribal Court.
1.025 TRIBAL HEALTH PHILOSOPHY
The following statement is the tribal health and safety policy that shall govern the interpretation
and administration functions of this Code:
Spiritually, we do not separate ourselves from the surrounding natural world. Therefore, the land,
air, water and natural resources of the Umatilla Reservation must be maintained in a healthy and
safe condition to sustain all forms of life using both traditional ways and modern technology.
We recognize that the responsibility to intervene in human activities that create an unhealthy
imbalance in nature is essential to protecting all natural resources.
1.030 ENVIRONMENTAL HEALTH OFFICER
The duties and authority of the Environmental Health Officer are as follows:
(1)
ADMINISTRATION. The Environmental Health Officer shall administer this Code.
This responsibility includes issuing administrative rules; reviewing permit applications
and issuing or denying permits; recommending amendments to the Code; receiving and
processing applications for Code amendments; consulting with qualified tribal staff,
consultants, technical experts and physicians; and exercising other powers as described in
this Code. The procedures regarding most of these powers can be found in Chapter 2.
(2)
ENFORCEMENT. The Environmental Health Officer shall enforce this Code. This
responsibility includes receiving and responding to complaints, conducting
investigations, issuing citations for Code violations and permit violations, ordering or
performing abatement actions, and using the expertise, services and authority of other
Tribal departments as well as exercising other powers as described in this Code. The
procedures regarding most of these powers can be found in Chapter 3.
(3)
CONSULTATION. The Environmental Health Officer shall contract for and use the
services of qualified consultants and technical experts as needed to administer the
provisions of this Code. The Environmental Health Officer will consult with and use the
expertise, services and authority of other Tribal departments (such as the Tribal Police,
Fire, and Public Works departments) to administer and enforce the provisions of this
Code.
(4)
MEDICAL REFERRALS. When needed (in the judgment of the Environmental Health
Officer) to administer and enforce those provisions of this Code which require the
exercise of medical judgment, the Environmental Health Officer will use the services of:
(5)
(a)
a licensed physician at the Yellowhawk Clinic through the Tribal Board of
Health,
(b)
other medical doctors available from Indian Health Services (IHS), or
(c)
other physician by contract.
IMMUNITY. The Environmental Health Officer and his agents (including consultants,
technical experts and physicians) shall be immune from any liability, either civil or
criminal, for any of their actions (or omissions) performed while acting in an official
capacity and in compliance with this Code.
1.035 ADMINISTRATIVE APPEALS
When the Environmental Health Officer takes an administrative action that a party can
demonstrate is contrary to the interest of that party, and which the party believes is arbitrary,
ENVIRONMENTAL HEALTH AND SAFETY CODE
PAGE 2
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
capricious or otherwise not in conformity with law or established policy, that party may appeal
the Officer’s action to the Umatilla Tribal Court. The procedures regarding appeals are set forth
in Section 2.060.
1.040 ENFORCEMENT HEARINGS
When the Environmental Health Officer issues a citation under this Code, the person to whom
the citation is issued is entitled to a hearing before the Umatilla Tribal Court. At such a hearing,
the Environmental Health Officer must demonstrate by the preponderance of the evidence that
the person to whom the citation has been issued has violated this Code or a permit issued under
this Code. The person issued the citation may chose not to contest the citation and waive their
right to a hearing by paying the fine indicated on the citation. These procedures are described in
more depth in Chapter 3.
1.045 TECHNICAL REVIEW COMMITTEE
The Environmental Health Officer shall form a Technical Review Committee (TRC) to assist
with the implementation of this code.
(1)
The purpose of the TRC shall be:
(a)
To advise and assist the Environmental Health Office to implement the intent of
this code, including recommendations to the Environmental Health Officer for
appropriate changes in administrative rules and the Code;
(b)
To review and advise the Environmental Health Office on the use of new or
innovative technologies, materials or designs that maintain or advance protection
of the public health, and the overall public health and general welfare. The TRC
may utilize performance standards and criteria as appropriate to evaluate the
efficiency and safety of new technologies, materials or designs.
(2)
Committee composition and term. Only those people having expertise in public health
and sanitation should be on the TRC. The TRC shall be appointed by and serve at the
pleasure of the Executive Director of the Confederated Tribes of the Umatilla Indian
Reservation. The TRC may include on-site sewage disposal experts from local
governments, DEQ, IHS, BIA, Yellowhawk Clinic, Tribal Public Works Office,
equipment manufacturers, consultants, installers and pumpers, and other appropriate
persons or groups.
(3)
Meeting Frequency. The TRC shall meet as necessary, but at least two times per year.
The Office shall reimburse Committee members who are not employed by, or under
contract with, the Confederated Tribes for reasonable expenses in accordance with Tribal
policy.
(4)
The Environmental Health Officer shall Chair the TRC.
(5)
The Environmental Health Office shall provide the necessary clerical staff and services in
order for the TRC to fulfill its responsibilities.
(6)
The TRC is advisory to the Environmental Health Officer and has no authority to conduct
inspections for compliance with this Code, except as requested, in an advisory capacity to
the Environmental Health Officer.
1.050 ADOPTION
(1)
The adoption of this Code repeals the 1975 Sanitation Code in its entirety.
(2)
The adoption of this Code repeals in its entirety Board of Trustees Resolution 94-27,
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
adopting a “Dog Control Code”
1.055 AMENDMENT AND REVIEW CLAUSE
This Code is subject to review and amendment as required.
1.060 INTER-GOVERNMENTAL AGREEMENTS
(1)
It is the intent of the Tribes to prevent all violations of this Code. The Environmental
Health Office may propose to the Board of Trustees (through the Commission)
intergovernmental agreements with the United States, the state of Oregon, Umatilla
County, or local municipalities for the enforcement of this Code.
(2)
The Tribes reserve the exclusive right to enforce this Code on all entities, organizations,
corporations, partnerships, and all others including, but not limited to, Indians and nonIndians within the exterior boundaries of the Umatilla Indian Reservation.
1.065 CONSTRUCTION
Should any portion of this Code be held unlawful and unenforceable by any court of competent
jurisdiction, such decision shall apply only to the specific section or portion thereof directly
specified in the decision. All other sections or portions of this Code shall remain in full force
and effect.
1.070 CERTIFICATION AND ADOPTION OF PUBLISHING
The Secretary of the Board of Trustees shall certify the adoption of this Code and cause the
notification of same to be published in the Confederated Umatilla Journal and in a newspaper of
general circulation that services the Umatilla Indian Reservation.
1.075 EFFECTIVE DATE
This Code and the rules, regulations, provisions, requirements, orders, and matters established
and adopted hereby shall take effect and be in full force and effect 30 days from and after the
date of its final passage and approval.
CHAPTER 2. ADMINISTRATIVE PROVISIONS
2.005 INTRODUCTION
This chapter is enacted to provide uniform procedures for administrative actions under this code
2.010 CODE ADMINISTRATION
(1)
The Environmental Health Officer shall administer this Code.
administer this Code includes the following duties and powers.
(2)
The Environmental Health Officer shall have the authority to issue administrative rules to
implement, interpret and administer this Code. Such rules may be appealed to the
Natural Resources Commission.
(3)
The Environmental Health Officer shall accept and review applications for permits and
issue or deny permits in compliance with the requirements of this Code.
(4)
The Environmental Health Officer shall create and maintain such forms as are necessary
to obtain the information needed to carry out the requirements of this code.
(5)
The Environmental Health Officer shall make available to the public all information and
application processes necessary to fulfilling the requirements of this code, including
ENVIRONMENTAL HEALTH AND SAFETY CODE
The authority to
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
copies of this code and all tables, graphs, charts and reference material herein adopted.
(6)
The Environmental Health Officer may establish such fees as are necessary to cover the
costs of copies, documents, and other direct expense items.
(7)
The Environmental Health Officer shall review this code, including Chapter 5, Fees, on at
least an annual basis and make such recommendations as are necessary to fulfill the intent
of this code. Said recommendations shall be presented to the Natural Resources
Commission at a public hearing and the NRC recommendation subsequently presented to
the Board of Trustees for the final decision.
2.015 PERMIT REQUIREMENTS
No person, firm or corporation, natural or otherwise, shall cause, allow, or permit any activity or
use without a permit required by this code. Violation of the terms of a permit is a violation of this
Code, and is subject to the same enforcement actions as other violations of this Code.
2.020 REVIEW OF PERMIT APPLICATION
Within 30 days of the receipt of a completed application (as defined at 1.010 (3)), the
Environmental Health Officer shall review and issue a decision on the permit application. The
purpose of the review shall be to determine if the proposed activity will take place in compliance
with this Code, administrative rules issued under this Code, as well as other applicable law and
administrative rules. The Environmental Health Officer shall record findings of fact and a
decision regarding the permit application in a letter to the applicant. The Environmental Health
Officer shall issue one of the following decisions, as the Officer deems appropriate:
(1)
Approval of the permit without conditions
(2)
Approval of the permit with conditions, or
(3)
Denial of the permit.
Any conditions attached to the permit by the Environmental Health Officer shall be
justified on the basis of their necessity to ensure compliance with applicable law or
regulations.
2.025 FALSE INFORMATION ON APPLICATION FOR PERMIT
The filing of false information on a permit application or renewal shall be a violation of this
code. All information submitted with an application or to be considered in making a decision is
a part of the application and will be used to evaluate the request and make a decision. False
information is grounds for denial of a permit request and prosecution for a false swearing.
2.030 REVOCATION, AMENDMENT OF PERMIT
In addition to the enforcement procedures described in Chapter 3, and in response to frequent,
recurring or extreme violations of this Code, the Environmental Health Officer may revoke
permits previously issued by the Environmental Health Officer, or impose new conditions on
those permits.
2.035 DURATION OF PERMITS
Unless permit periods are otherwise indicated in chapters specific to the type of permit issued,
permits shall be valid for a period of one year from the date of approval, unless a longer duration
is granted as part of the approval. Permits may be issued for a shorter period of time, as a
condition of approval, if the Environmental Health Officer determines that the limitation is
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
necessary to meet the goals and objectives of the Comprehensive Plan, this Code, or any other
applicable law or regulation.
2.040 EXTENSION OF PERMIT PERIOD
(1)
The expiration date for a permit may be extended, prior to expiration, by the
Environmental Health Officer or designee, for periods of three months up to one year.
Such extensions shall be administrative and in writing.
(2)
No permit shall be extended unless significant progress occurred during the duration of
the permit or extension.
(3)
Changes in the standards of this code, for which the permit was issued, shall be reflected
in all permit extensions.
2.045 FEE COLLECTION
The Environmental Health Officer shall be responsible for the collection of all fees except as
provided to the contrary in a chapter of this Code. All such fees shall be deposited in an account
designated by the Tribal Accounting Office and shall be used to offset the cost of administering
this Code.
2.050 EXCEPTIONS FROM STANDARDS
(1)
Exceptions from standards contained in this code may be granted to applicants for
permits by the Environmental Health Officer.
(2)
No exceptions may be granted unless alternative measures will, in the opinion of the
Environmental Health Officer, provide adequate public health and safety protection and
the Environmental Health Officer finds the following:
(3)
(a)
The public or private interest in the granting of a Standards Modification is found
by the Environmental Health Officer to clearly outweigh the interest of the
application of uniform standards; and
(b)
Strict compliance with certain specific requirements would be highly burdensome
or impractical due to special conditions or cause; or
(c)
Special physical conditions render strict compliance unreasonable, burdensome,
or impractical.
Applications.
(a)
Applications shall be made to the Environmental Health Officer. A separate
application must be filed for each site considered for an exception.
(b)
Each application shall by accompanied by:
(A)
A site evaluation report, unless waived by the Environmental Health
Officer; and
(B)
Plans and specifications for the proposed exception; and
(C)
The appropriate fee; and
(D)
All other information requested by the Environmental Health Officer,
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
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necessary for rendering a proper decision; and
(E)
(c)
(4)
An applicant for an exception of this code is not required to pay the application
fee, if at the time of filing, the applicant:
(A)
Is sixty-five (65) years of age or older; and
(B)
Is a resident of the Umatilla Indian Reservation; and
(C)
Has not previously applied under the provisions of this section.
Hardship Exceptions
(a)
The Environmental Health Officer may grant exceptions from standards
pertaining to on-site sewage disposal systems in cases of extreme and unusual
hardship.
(b)
The Environmental Health Officer may consider the following factors in
reviewing an application for an exception based on hardship:
(c)
(5)
The application shall be signed by the property owner.
(A)
Advanced age or bad health of applicant;
(B)
Need of applicant to care for aged, incapacitated or disabled relatives;
(C)
Relative insignificance of the environmental impact of granting an
exception.
Hardship exceptions granted by the Environmental Health Officer may contain
conditions such as:
(A)
Pemits for the life of the applicant.
(B)
Limiting the number of permanent residents using the system.
(C)
Use of experimental systems for specified periods of time.
(d)
Before an application is considered for a hardship exception it must be denied for
a standard exception based on technical considerations. At the time of application
for an exception, the applicant must designate on the application whether it is to
be considered for a hardship exception.
(e)
Documentation of hardship must be provided before the application is accepted
by the Environmental Health Officer.
(f)
The Environmental Health Office personnel shall strive to aid and accommodate
the needs of applicants for exceptions due to hardship.
Exceptions Review
(a)
The Environmental Health Officer shall draft a report including findings of fact,
conclusions of law, and a decision document.
(b)
Each exception shall be reviewed within thirty (30) days after receipt of a
completed application.
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(6)
(c)
A decision to grant or deny the exception shall be made in writing within thirty
(30) days after completion of the review. If the exception is granted, the
Environmental Health Officer shall set forth in writing the specifications,
conditions and location of the system.
(d)
The burden of presenting the supportive facts shall be the responsibility of the
applicant.
(e)
The Environmental Health Officer shall visit the site of the proposed activity prior
to conducting the review. If inclement weather conditions exist that would
preclude an adequate site review, the Environmental Health Officer shall
document said conditions and the review and decision dates shall be adjusted to
accommodate the reasonable review of the site.
(f)
Except for hardship exceptions, granted exceptions shall run with the land.
Exceptions Permit Issuance, Inspections, Certificate of Satisfactory Completion.
(a)
When an exception is granted the Environmental Health Officer shall notify the
applicant in writing.
(b)
The Environmental Health Officer shall issue permits, perform necessary
inspections and issue Certificates of Satisfactory Completion or Compliance.
(7)
In all exceptions the applicant accepts full responsibility for the requested exception in
the event that the granted exception fails to perform as proposed or does not otherwise
meet the intent of this code. When the Environmental Health Officer determines that the
exception does not perform as proposed, the applicant shall correct the defect to the
extent necessary to comply with the intent of this code or discontinue the use and perform
remediation necessary to neutralize the hazard.
(8)
Exceptions Appeals. Decisions of the Environmental Health Officer to grant or deny an
exception may be appealed to the Umatilla Tribal Court.
2.055 CODE AMENDMENTS
(1)
Amendments to this code may be requested on an application provided by the
Environmental Health Office.
(2)
Code amendment fees shall be charged according to the schedule in Chapter 5 of this
Code.
(3)
Hearings shall be held according to the standards set forth in Chapter 13 of the Land
Development Code.
(4)
Decision criteria for a code amendment shall be compliance with the intent of this code
and with the intent of the chapter proposing to be changed, as well as the Comprehensive
Plan and all other Tribal laws and codes. The burden of proof shall be upon the
applicant.
2.060 APPEALS
(1)
The decision of the Environmental Health Officer shall be final unless a written notice of
appeal is filed with the Umatilla Tribal Court within fifteen (15) days following the
mailing of a decision.
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(2)
The following persons may file an appeal:
(a)
A party to the decision
(b)
A member (citizen) of the Confederated Tribes of the Umatilla Indian
Reservation.
(c)
A resident of the Umatilla Indian Reservation
(d)
Any other person deemed entitled to file an appeal as provided for in the
applicable chapter of this code.
(3)
A person who was sent a notice as required under the applicable chapter of this code is
deemed notified, even if notice was not received.
(4)
Every notice of appeal shall contain the specific grounds relied upon for appeal.
(5)
All parties shall be mailed notice of the appeal by the Umatilla Tribal Court, at least ten
(10) days prior to the hearing on appeal.
(6)
All records of the Environmental Health Office for which the appeal has been filed shall
be subject to review by the court and shall be a part of the record.
(7)
Appeal process
(a)
An appeal shall be filed within fifteen (15) days from the date of the decision of
the Environmental Health Officer, by filling out the appeal form provided by the
Court Clerk.
(b)
Filing an appeal is not deemed effective until the filing fee is paid to the Court
Clerk.
(c)
The Environmental Health Officer shall make a copy of the documents used to
make the decision available to any party who requests a copy thereof. The cost of
obtaining such copy shall be determined according to the cost of reproduction and
personnel time, as determined by the Environmental Health Officer. Said copies
shall be made within 5 working days of the request, after filing of an appeal with
the Umatilla Tribal Court.
(d)
If a hearing was held, within fifteen (15) days of the filing of appeal, the appellant
shall submit to the Court, and the Environmental Health Office, a complete
transcript of the hearing being appealed. The cost of producing the transcript
shall be borne by the applicant. The Court may, at its discretion, allow extensions
to the period for submission of a transcript when extenuating circumstances
dictate that such extensions are necessary.
(e)
Upon receipt of the documents and transcript (if appropriate), the Court:
(f)
(A)
May review the record and decide the appeal without oral argument or
written briefs; or
(B)
May schedule oral argument on the appeal or request written briefs from
the parties involved.
The Environmental Health Office shall transmit to the Court, within ten (10)
working days after notification of appeal, a list containing the names and
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addresses of all persons who where mailed notice of the hearing, if a hearing was
held.
(g)
The Environmental Health Office shall transmit to the Court, within ten (10)
working days after notification of appeal, a list containing the names and
addresses of all persons who testified or gave evidence at the hearing, if a hearing
was held.
(h)
The Court shall send written notice of appeal to all persons having standing as
well as the Environmental Health Officer.
(i)
The Court may, upon review of a decision issued by the Environmental Health
Officer:
(j)
(A)
Affirm the decision of the Environmental Health Officer, either in whole
or in part; or
(B)
Reverse the decision of the Environmental Health Officer, either in whole
or in part; or
(C)
Remand the case to the Environmental Health Officer for reconsideration.
The Court shall issue findings of fact and conclusions of law supporting its
decision.
2.065 REHEARINGS
When a hearing has been conducted, rehearings shall not be allowed.
2.070 JURISDICTION OF TRIBAL COURT
(1)
The Umatilla Tribal Court shall have the jurisdiction to hear appeals of decisions issued
by the Environmental Health Officer.
(2)
All appeals shall be to the Court on the record.
(3)
There shall be no testifying or submission of evidence to the Court at the appellate level.
(4)
The Court may allow oral arguments or written briefs by the parties to the appeal.
2.075 SCOPE OF THE COURT’S REVIEW
(1)
The Court shall review the record to determine whether the decision is consistent with the
Comprehensive Plan, this Code, and other applicable law.
(2)
The Court shall not overrule the Environmental Health Officer unless the Court
determines that the facts set forth in the record are:
(a)
Insufficient to support the Environmental Health Officer’s decision; or
(b)
Inconsistent or in violation of the Comprehensive Plan, this code, or other
applicable law.
2.080 UNLAWFUL INTERFERENCE
No person holding office in Tribal government or employed by the Confederated Tribes of the
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
Umatilla Indian Reservation or other governmental entities on the Umatilla Indian Reservation
shall use or attempt to use their position to influence any decision of the Umatilla Tribal Court.
CHAPTER 3. ENFORCEMENT PROCEDURES
3.005 CODE ENFORCEMENT
Under authority of the Board of Trustees, the Environmental Health Officer shall enforce this
Code. The authority to enforce this Code includes the following duties and powers.
(1)
The Environmental Health Officer shall receive and investigate any complaint of
violation to this Code.
(2)
The Environmental Health Officer shall conduct inspections, interview all involved
parties and perform other duties for the purpose of determining possible violations of this
Code.
(3)
The Environmental Health Officer shall issue citations for failure to comply with this
Code.
(4)
The Environmental Health Officer shall, when necessary, take abatement actions.
3.010 COMPLAINTS
(1)
Any resident of the Reservation having attained at least eighteen years of age may file a
complaint alleging that a person has violated this Code. All complaints shall be in
writing and filed with the Environmental Health Office.
(2)
The complaint shall contain a form of certificate by the complainant to the effect that
there are reasonable grounds to believe, and the complainant does believe, that the person
complained against has committed a violation of this Code.
(3)
Any person filing a false complaint or knowingly providing false information in the
complaint shall be charged with violation of (insert tribal law here), and cited into Tribal
Court.
3.015 INVESTIGATION
Upon receipt of a written complaint, or reasonable suspicion of a Code violation, the
Environmental Health Officer shall conduct an investigation. For the purpose of such
investigation, the Environmental Health Officer may enter private property at reasonable times to
conduct inspections and interview involved parties.
3.020 CITATIONS
The Environmental Health Officer shall follow the procedure set forth below when a violation of
this code is observed.
(1)
Upon observing a violation, the Environmental Health Officer shall issue a warning to the
violator. The warning shall specify the nature of the violation and request that the
violation be corrected in 30 days, unless other action is specified by the applicable
chapter or section of this code.
(2)
If the violation is not corrected within the allotted time, the Environmental Health Officer
shall issue a citation to the violator. The citation shall serve as a civil complaint and
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
shall:
(a)
Be in writing and in the name of the Confederated Tribes of the Umatilla
Indian Reservation;
(b)
State the name of the violator;
(c)
Bear the signature of the Environmental Health Officer;
(d)
State the name and section number of the code violation, or the provision
of a permit that has been violated;
(e)
State a brief summary describing the violation;
(f)
State the approximate time and place of the violation;
(g)
State the fine or remedial action to be imposed for the violation;
(h)
State the time and place the suspect(s) must appear in court to answer to
the alleged violation;
(i)
(3)
(4)
State the suspect may waive the right to a hearing by paying a fine or
performing the remedial action specified in the citation prior to the date of
the hearing.
Within three days of issuance of a citation, the Environmental Health Officer shall file a
copy with the Clerk of the Umatilla Tribal Court.
The Environmental Health Officer may issue a citation in lieu of a warning at the
Officers discretion. The citation shall follow the same requirements as subsection (2) of
this section.
3.025 ABATEMENT ACTIONS
When the Environmental Health Officer observes a violation which poses an immediate hazard
to the health and safety of Reservation residents, property, or resources, the Officer may order
the person in charge of the property (or the person responsible for the violation) to carry out
specified remedial actions necessary to abate the hazard. If the person so ordered by the Officer
is unwilling or unable to carry out the specified remedial action, or cannot be readily contacted,
then the Environmental Health Officer may enter the premises and direct actions necessary to
abate the hazard. The alleged violator and/or the landowner shall be responsible for all costs
incurred by the Environmental Health Office or other entities or businesses, including costs of
travel, time, equipment, other services needed to remedy the violations, and established indirect
costs. The Environmental Health Officer shall issue a citation to the violator seeking fines
adequate to recover costs incurred by the Environmental Health Office. Private parties may seek
to recover damages from the violator by filing claims with the Umatilla Tribal Court.
3.030 UMATILLA TRIBAL COURT
(1)
Umatilla Tribal Court shall adjudicate the merits of a citation.
(2)
Umatilla Tribal Court has the authority to exercise its inherent judicial powers to
facilitate adjudication of violations.
(3)
In ruling on violations of this Code, the Umatilla Tribal Court has the authority to assess
and collect civil penalties in amounts commensurate with the damage, danger, or risk
created by a violation, and has the authority to enjoin or mandate action in its
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
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enforcement.
(4)
The Tribes shall have the burden of proof.
(5)
The defendant shall have the right to put on a defense to the citation.
CHAPTER 4. [THIS CHAPTER RESERVED FOR FUTURE USE]
CHAPTER 5. FEE SCHEDULE
5.005 EXCEPT AS OTHERWISE NOTED IN THIS CODE, THE FOLLOWING FEES
SHALL APPLY
5.010 APPEALS PROCEDURES (CHAPTER 2)
The fee for filing an appeal shall be $50.00 to be paid to the Umatilla Tribal Court at the time of
filing the appeal.
5.015 ONSITE SEWAGE DISPOSAL SYSTEMS (CHAPTER 6)
(1)
Except as provided in section (5) of this chapter, the following non-refundable fees are
required to accompany applications for site evaluations, permits, licenses and services
provided by the Environmental Health Office.
(a)
New site evaluation
(A)
Single Family Dwelling
(i)
First lot
$380.00
(ii)
(B)
(b)
Each additional lot evaluated during initial visit
$205.00
Commercial Facility System
(i)
First one thousand (1000) gallons Projected Daily Sewage Flow
$380.00
(ii)
For systems with projected sewage flows greater than one
thousand (1000) gallons but not more than 5,000 gallons, the site
evaluation application fee shall be $380 plus an additional $100 for
each 500 gallons or part thereof above 1,000 gallons.
(C)
Site Evaluation Report Review
$335.00
(D)
Each fee paid for a site evaluation report entitles the applicant to as many
site inspections on a single parcel or lot as are necessary to determine site
suitability for a single system. The applicant may request additional site
inspections within ninety (90) days of the initial site evaluation, at no extra
cost.
(E)
Separate fees shall be required if site inspections are to determine site
suitability for more than one system on a single parcel of land
Construction-installation permit
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
(A)
For first one thousand (1,000) gallons Projected Daily Sewage Flow
(i)
Standard On-Site system
(ii)
Alternative System
(I)
Aerobic System
(II)
Capping fill
$565.00
(III)
Disposal Trenches in Saprolite
$565.00
(IV)
Evapotransporation-absorption
$565.00
(V)
Gray water waste disposal sump
$240.00
(VI)
Pressure distribution $860.00
$860.00
(VII) Redundant
$565.00
(VIII) Sand filter
$1,100.00
(IX)
Seepage pit
$565.00
(X)
Seepage Trench
(XI)
Steep slope
$565.00
$565.00
(XII) Tile dewatering
(B)
$565.00
$860.00
(iii)
At the discretion of the Environmental Health Officer, the
permittee may be assessed a reinspection fee, not to exceed $200,
when a precover inspection correction notice requires correction of
improper construction and, at a subsequent inspection, the Officer
finds system construction deficiencies have not been corrected.
The Officer may elect not to make further precover inspections
until the reinspection fee is paid.
(iv)
With the exceptions of sand filter and pressure distribution
systems, a $25 fee may be added to all permits that specify the use
of a pump or dosing siphon.
For systems with projected daily sewage flows greater than one thousand
(1,000) gallons, the Construction-Installation permit fee shall be equal to
the fee required in Paragraph (1)(b)(A) of this section plus $50 for each
five hundred (500) gallons or part thereof above one thousand (1000)
gallons
NOTE: Fees for construction permits for systems with projected daily
sewage flows greater than two thousand five hundred (2,500) gallons shall
be in accordance with the fee schedule for WPCF permits.
(C)
Commercial Facility System, Plan Review
(j)
For a system with a projected daily sewage flow of less than six
hundred (600) gallons, the cost of plan review is included in the
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
application fee.
(D)
(ii)
For a system with a projected daily sewage flow of six hundred
(600) gallons, but not more than one thousand (1,000) gallons
projected daily flow $200.00
(iii)
For a system with a projected sewage flow greater than 1,000
gallons, the plan review fee shall be $200, plus an additional $25
for each five hundred (500) gallons or part thereof above one
thousand (1,000) gallons, to a maximum sewage flow limit of two
thousand five hundred (2,500) gallons per day
Permit renewal
(j)
If field visit required $290.00
(ii)
No field visit $85.00
NOTE: Renewal of a permit may be granted to the original permittee if an
application for permit renewal is filed prior to the original permit
expiration date.
(E)
Alteration permit
(D)
Repair permit
(i)
(ii)
(G)
(c)
$555.00
Single family dwelling
(I)
Major $310.00
(II)
Minor $150.00
Commercial facility
(I)
Major - The appropriate fees identified in paragraphs
(1)(b)(A), (B), and (C) of this chapter apply.
(II)
Minor $280.00
Permit denial review $335.00
Authorization notice
(A)
If field visit required $350.00
(B)
No field visit required $90.00
(C)
Authorization denial review $335.00
(d)
Annual evaluation of alternative system (where required)
$280.00
(e)
Evaluation of temporary or hardship mobile home $280.00
(f)
Exception to on-site system standards
$225.00
NOTE: The exception application fee may be waived if the applicant meets the
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requirements of section 2.045(3)(c).
(g)
Rural area exception to Subsurface Standards:
(A)
Site evaluation$380.00
NOTE: In the event there is on file a site evaluation report for that parcel that is
less than ninety (90) days old, the site evaluation fee shall be waived.
(B)
(h)
Construction-Installation permit - the appropriate fee identified in
subsection (1) (b) of this section applies
Sewage disposal service
(A)
New business license $300.00
(B)
Renewal of existing and valid business license
(C)
Transfer of or amendments to license $150.00
(D)
Reinstatement of suspended license $175.00
(E)
Pumper truck inspection, first vehicle
(i)
Each inspection
(ii)
Each additional vehicle, each inspection
$200.00
$80.00
(i)
Experimental Systems): Permit
(j)
Existing System Evaluation Report $285.00
$45.00
$3,670.00
NOTE: The fee shall not be charged for an evaluation report on any proposed
repair, alteration or extension of an existing system.
(2)
Fees for WPCF Permits.
The following fee schedule shall apply to WPCF Permits for on-site sewage disposal
systems:
(a)
Application filing fee (all categories) $50.00
(b)
Permit processing fees for sewage lagoons and other on-site disposal systems over
1,200 gpd:
(A)
Applications $2,000.00
(B)
Permit Renewals (including request for effluent limit modifications)
$1,000.00
(C)
Permit Renewal (without request for effluent limit modifications)
$500.00
(D)
Permit modification (involving increase effluent limits)
ENVIRONMENTAL HEALTH AND SAFETY CODE
$1,000.00
PAGE 16
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
(E)
(c)
Permit modification (not involving an increase in effluent limits)
$500.00
Permit processing fees for on-site systems of 1,200 gpd or less:
(A)
New Applications
$400.00
(B)
Permit Renewals (involving request for effluent limit modifications.
$200.00
(C)
Permit Renewals (without request for effluent limit modifications)
$100.00
(D)
Permit Modifications (involving increase in effluent limitations)
$150.00
(E)
Permit Modifications (not involving an increase in effluent limits)
$100.00
(d)
Registration fee for General Permits $150.00
(e)
Site Evaluation Fee:
(f)
(A)
Facilities with design flow of 5,000 gpd or less same as subsection (1)(a)
of this section.
(B)
Facilities with design flow greater than 5,000 gpd
Site Evaluation Confirmation Fee
$1,200.00
$350.00
NOTE: A Site Evaluation Confirmation Fee is required if the site evaluation is
performed by a qualified consultant but, through the site evaluation review
process, a site visit is still required by the Environmental Health Officer.
(g)
Plan Review Fee:
(A)
Commercial Facilities with design flows less than 5,000 gpd same as
subsection (1)(b)(C) of this section;
(B)
Commercial Facilities with design flows of 5,000 gpd or more
$500.00
(C)
Non-commercial Facilities
$100.00
NOTE: A plan review fee is required when engineered plans must be reviewed
for a facility that requires a WPCF permit.
(h)
Annual Compliance Determination Fee:
(A)
On-site sewage lagoon with no discharge
(B)
On-site subsurface systems with individual WPCF Permit or general
permit:
(i)
Standard or alternative subsurface system not listed below, with design
flow of 20,000 gpd or more $500.00
ENVIRONMENTAL HEALTH AND SAFETY CODE
$600.00
PAGE 17
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
(ii)
Standard or alternative subsurface system not listed below with design
flow less than 20,000 gpd
$250.00
(iii)
Aerobic systems, 1,500 gpd or more $500.00
(iv)
Aerobic systems, less than 1,500
(v)
Recirculating Gravel Filter, 1,500 gpd or more
$500.00
(vi)
Recirculating Gravel Filter, less than 1,500 gpd
$250.00
(vii)
Sand filter, 1,500 gpd or more
(viii) Sand Filter, less than 1,500 gpd.
(ix)
$250.00
$500.00
$250.00
Holding tanks $200.00
NOTE: The annual compliance determination fee (ACDF) is due July of each year. For
permits that are issued between July 1 and September 31, the full fee is due before the
permit will be issued. For permits issued after September 31, the ACDF will be prorated
by calendar quarter.
5.020 [RESERVED FOR FUTURE USE]
5.025 FOOD SANITATION (CHAPTER 8)
(1)
Full Service Restaurant Fees Based on Seating Criteria
(a)
0-15 seats
$275.00
(b)
16-50 seats
$295.00
(c)
51-150 seats $350.00
(d)
>150 seats
$395.00
(2)
(3)
Limited service restaurant
Commissaries
$100.00
$195.00
(4)
Warehouses
$50.00
(5)
Mobile units
$75.00
(6)
Facilities that are later than a month past due will be assessed a penalty fee of 50% of the
original fee for each successive month of delinquency.
(7)
Temporary restaurant license fees
(8)
(a)
One day event $35.00
(b)
Two or more days
$50.00
Vending machines (# of machines)
(a)
1-10
$25.00
ENVIRONMENTAL HEALTH AND SAFETY CODE
PAGE 18
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
(9)
(b)
11-20 $50.00
(c)
21-30 $75.00
(d)
Each additional 10 machines, add
$25.00
Food Service Plan Review Fees
(a)
(b)
Initial Construction
(A)
Full Service Restaurant
$250.00
(B)
Commissary
$125.00
(C)
Warehouse
$50.00
(D)
Limited service restaurant
(E)
Mobil Unit
$75.00
$75.00
Remodeling
(A)
Full Service Restaurant
(B)
Any other facility
$100.00
$50.00
5.030 BED AND BREAKFAST FOOD SANITATION (CHAPTER 9)
(1)
Initial Construction plan review fee (food service) $75.00
(2)
Remodeling plan review fee (food service) $50.00
(3)
Food Service Fee
$95.00
(4)
Tourist Facility Fee
$60.00
5.035 PUBLIC SWIMMING POOLS (CHAPTER 10)
(1)
Pool plan review
$300.00
(2)
First Pool
$100.00
(3)
Additional Pool
$60.00
5.040 PUBLIC SPA POOLS (CHAPTER 11)
(1)
Spa Plan Review
$300.00
(2)
First Spa
$100.00
(3)
Additional Spa
$60.00
5.045 ORGANIZATIONAL CAMPS (CHAPTER 12)
(1)
Fee for an original license or the annual renewal of a license
ENVIRONMENTAL HEALTH AND SAFETY CODE
$60.00
PAGE 19
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
(2)
The fee for a license for any camp granted accreditation exemption pursuant of Section
12.030
$20.00
5.050 DOG CONTROL (CHAPTER 13)
The URHA shall be authorized to charge fees for a Tribal Dog License and tags and for
the impoundment of dogs. Fees shall be retained by URHA for implementation of
Chapter 13. The fees shall be as follows:
(1)
Tribal Dog License Tags
(a)
Fees for spayed and/or neutered dogs $2.00
(b)
Fees for dogs that are not spayed and/or neutered
$5.00
(2)
Impound Fees, per day
$5.00
(3)
Fees may be adjusted by the URHA and the Environmental Health Office as required. A
public notice of proposed changes in fees shall be published in the Confederated Umatilla
Journal at least 30 days prior to intended date of adoption of the change and the notice
shall call for public opinions regarding the proposed change. The notice shall specify
what the current rates are, what the proposed rates will be if adopted, and the reason for a
change in the fees.
5.055 MAINTENANCE OF LIVESTOCK AND OTHER ANIMALS (CHAPTER 14)
(1)
Site Plan review fee $50.00
(2)
AFO permit fee
(3)
AFO annual renewal fee
(4)
Waste disposal facilities, in addition to Site Plan Review fee, actual cost for time and
expenses unless the facility is covered under chapter 6.
$100.00
$50.00
5.060 HAZARDOUS WASTE (CHAPTER 15)
Fees shall be based upon actual time and expenses incurred by the Office from the time of initial
response to a hazardous waste incident, or illicit drug lab, until the case is closed upon
completion of the final report. It shall include all expenses deemed appropriate by the
Environmental Health Officer.
5.065 REFUNDS
The Environmental Health Officer may refund all or a portion of a fee accompanying an
application if the applicant withdraws the application before the Environmental Health Officer
has done any field work or other substantial review of the application.
CHAPTER 6. ON-SITE SEWAGE DISPOSAL
6.005 PURPOSE
This Chapter prescribes the requirements for the construction, alteration, repair, operation, and
maintenance of on-site sewage disposal systems. The purpose is to restore and maintain the
quality of all waters and to protect the public health and general welfare of the people of the
ENVIRONMENTAL HEALTH AND SAFETY CODE
PAGE 20
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
Umatilla Indian Reservation.
6.010 DEFINITIONS
(1)
“Absorption Facility” means a system of open-jointed or perforated piping, alternative
distribution units, or other seepage systems for receiving the flow from septic tanks or
other treatment facilities and designed to distribute effluent for oxidation and absorption
by the soil within the zone of aeration.
(2)
“Active Sand Dune” means wind-drifted ridges and intervening valleys, pockets, and
swales of sand adjacent to the beach. The sand is grayish-brown (color value of four (4)
or more), with little or no horizon, color, or textured differences. Active dunes are either
bare of vegetation or lack sufficient vegetation to prevent blowing of sand.
(3)
“Aerobic Sewage Treatment Facility” means a sewage treatment plant which incorporates
a means of introducing air and oxygen into the sewage so as to provide aerobic
biochemical stabilization during a detention period. Aerobic sewage treatment facilities
may include anaerobic processes as part of the treatment system. Mechanical Oxidation
Sewage Treatment Facility means an aerobic treatment facility.
(4)
“Aerobic System” means an alternative system consisting of a septic tank or other
treatment facility, an aerobic sewage treatment facility and an absorption facility,
designed to provide a level of treatment before disposal.
(5)
“Alteration” means expansion and/or change in location of an existing system, or any part
thereof.
(6)
“Alternative System” means any approved on-site sewage disposal system identified
within this Chapter, for use in lieu of the standard subsurface system.
(7)
“Approved Material” means construction items that have been reviewed and accepted for
use by the Environmental Health Officer.
(8)
“Approved Criteria” means methods of design or construction that have been reviewed
and accepted for use by the Environmental Health Office.
(9)
“ASTM” means American Society of Testing Materials.
(10)
“Authorization Notice” means a written document issued by the Environmental Health
Officer which establishes that an existing on-site sewage disposal system appears
adequate to serve the purpose for which a particular application is made.
(11)
“Automatic Siphon” means a hydraulic device designed to rapidly discharge the contents
of a dosing tank between predetermined water or sewage levels.
(12)
“Bedroom” means any room within a dwelling that is accepted as such by the Umatilla
Indian Reservation building codes representative or the local authorized building official
having jurisdiction.
(13)
“Biochemical Oxygen Demand (BOD)” means a measure of the decomposable organic
matter in wastewater. It is used as an indication of wastewater strength. For the purpose
of this chapter, all references to BOD shall be for the five-day BOD.
(14)
“Black Waste” means human body wastes including feces, urine, other extraneous
substances of body origin and toilet paper.
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PAGE 21
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
(15)
“Capping Fill System” means an alternative system where the disposal trench effective
sidewall is installed a minimum of twelve (12) inches into the natural soil below a soil
cap of specified depth and texture.
(16)
“Cesspool” means a lined pit that receives raw sewage, allows separation of solids and
liquids, retains the solids and allows liquids to seep into the surrounding soil through
perforations in the lining.
(17)
“Chemical Recirculating Toilet Facility” means a toilet facility wherein black wastes are
deposited and carried from the bowl by a combination of liquid waste and water which
has been chemically treated and filtered.
(18)
“Chemical Toilet Facility” means a non-flushing, non-recirculating toilet facility wherein
black wastes are deposited directly into a chamber containing a solution of water and
chemical.
(19)
“Clayey Soil” means mineral soil that is over forty (40) percent clay that shrinks and
develops wide cracks when dry and swells and shears when wet forming slickensides and
wedge-shaped structure. Clayey soil is very hard or extremely hard when dry, very firm
when moist, and very sticky and very plastic when wet.
(20)
“Claypan” means a dense, compact clay layer in the subsoil. It has a much higher clay
content than the overlying soil horizon from which it is separated by an abrupt boundary.
Claypans are hard when dry and very sticky and very plastic when wet. They impede
movement of water and air and growth of plant roots.
(21)
“Combustion Toilet Facility” means a toilet facility wherein black wastes are deposited
directly into a combination chamber for incineration.
(22)
“Commercial Facility” means any structure or building, or any portion thereof, other than
a single-family dwelling.
(23)
“Common sewer” means a collecting sewer, and a part of the sewerage system that either
initially or ultimately will serve two or more allotments or tax lots, parcels, or ownerships
which may or may not be owned or controlled by a municipality or government either
initially or ultimately.
Exception: It does not include, for purposes of this code, common sewers within a Unit
Ownership Development such as a condominium. Such facilities are community
systems.
(24)
“Community System” means an on-site system that will serve more than one (1) lot or
parcel or more than one (1) condominium unit or more than one (1) unit of a planned unit
development.
(25)
“Conditions Associated With Saturation” means:
(a)
Reddish brown or brown soil horizons with gray (chromas of two (2) or less) and
red or yellowish red mottles; or
(b)
Gray soil horizons, or gray soil horizons with red, yellowish red, or brown
mottles; or
(c)
Dark colored highly organic soil horizons; or
(d)
Soil profiles with concentrations of soluble salt at or near the ground surface.
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PAGE 22
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
(26)
“Confining Layer” means a layer associated with an aquifer that because of its low
permeability does not allow water to move through it perceptibly under head differences
occurring in the groundwater system.
(27)
“Construction” includes 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 a part of system construction.
(28)
“Conventional Sand Filter” means a filter with two (2) feet or more of medium sand
designed to chemically and biologically process septic tank or other treatment unit
effluent from a pressure distribution system operated on an intermittent basis.
(29)
“Curtain Drain” means a groundwater interceptor that is installed as a trench with a
minimum width of twelve (12) inches and extending into the layer that limits effective
soil depth. It has a perforated pipe installed along the bottom of, and the length of the
trench and has a minimum of twelve (12) inches of drain media over the drainline and
filter fabric placed over the drain media. The curtain drain must meet the setbacks from
septic tanks and disposal areas as required in Table 1.
(30)
“Cut-Manmade” means a land surface resulting from mechanical land shaping operations
where the modified slope is greater than fifty (50) percent, and the depth of cut exceeds
thirty (30) inches.
(31)
“Design Criteria” means the criteria used in designing on-site sewage disposal systems
including, but not necessarily limited to, dimensions, geometry, type of materials, size of
drain media or filter media, disposal field sizing, depth, grade or slope, hydraulic loading
rate or any other factor relevant to the successful operation of the system. It does not
include disposal area siting criteria.
(32)
“Disposal Area” means the entire area used for underground dispersion of the liquid
portion of sewage including the area designated for the future replacement system. It may
consist of a seepage pit or of a disposal field, or a combination of the two. It may also
consist of a seepage bed, bottomless sand filter, or evapotranspiration-absorption system.
(33)
“Disposal Field” means a system of disposal trenches or a seepage trench or system of
seepage trenches.
(34)
“Disposal System” means a system for disposing of wastes, either by surface or
underground methods, and includes municipal sewerage systems, domestic sewerage
systems except on-site sewage disposal systems authorized to be constructed by a
construction-installation permit issued pursuant to this chapter, industrial and agricultural
waste systems, treatment works, disposal wells and other systems.
(35)
“Disposal Trench” means a ditch or a trench installed into natural soil, permeable
saprolite or diggable bedrock, with vertical sides and substantially flat bottom with a
minimum of twelve (12) inches of clean, coarse, drain media or other material approved
by this chapter, into which a single distribution pipe has been laid, the trench then being
backfilled with a minimum of six (6) inches of soil.
(36)
“Distribution Box” means a watertight structure that receives septic tank or other
treatment facility effluent and distributes it concurrently into two (2) or more header
pipes leading to the disposal area.
(37)
“Distribution Pipe” means an open-jointed or perforated pipe used in the dispersion of
septic tank or other treatment facility effluent into disposal trenches, seepage trenches, or
seepage beds.
ENVIRONMENTAL HEALTH AND SAFETY CODE
PAGE 23
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
(38)
“Distribution Unit” means a distribution box, dosing tank, diversion valve or box, header
pipe, or other means of transmitting septic tank or other treatment unit effluent from the
effluent sewer to the distribution pipes.
(39)
“Diversion Valve” means a watertight structure that receives septic tank or other
treatment facility effluent through one (1) inlet, distributes it to two (2) outlets, only one
(1) of which is utilized at a given time.
(40)
“Dosing Tank” means a watertight receptacle placed after a septic tank or other treatment
facility equipped with an automatic siphon or pump.
(41)
“Dosing Septic Tank” means a unitized device performing functions of both a septic tank
and a dosing tank.
(42)
“Drainfield” means a Disposal Field.
(43)
“Drain Media” means clean washed gravel, clean crushed rock, or other media approved
by the Environmental Health Officer, for the purpose of distributing effluent. When
gravel or crushed rock is used it shall have a minimum size of three quarters (3/4) inches
and a maximum size of two and one-half (2-1/2) inches. The material shall be durable
and inert so that it will maintain its integrity and not collapse or disintegrate with time
and shall not be detrimental to the performance of the system.
(44)
“Dwelling” means any structure or building, or any portion thereof which is used,
intended, or designed to be occupied for human living purposes including, but not limited
to: houses, houseboats, boathouses, mobile homes, travel trailers, hotels, motels, and
apartments.
(45)
“Effective Seepage Area” means the sidewall area within a disposal trench or a seepage
trench from the bottom of the trench to a level two (2) inches above the distribution
pipes, or the sidewall area of any seepage pit, unsealed earth pit privy, or gray water
waste disposal sump seepage chamber; or the bottom area of a pressurized soil absorption
facility installed in soil as defined in sub-section (135) of this section.
(46)
“Effective Soil Depth” means the depth of soil material above a layer that impedes
movement of water, air, and growth of plant roots. Layers that differ from overlying soil
material enough to limit effective soil depth are hardpans, claypans, fragipans, compacted
soil, bedrock, saprolite, and clayey soil.
(47)
“Effluent Filter” means an effluent treatment device installed on the outlet of a septic
tank that is designed to prevent the passage of suspended matter larger than one-eighth
inch in size.
(48)
“Effluent Lift Pump” means a pump used to lift septic tank or other treatment facility
effluent to a higher elevation. (See section 6.440).
(49)
“Effluent Sewer” means that part of the system of drainage piping that conveys partially
treated sewage from a septic tank or other treatment facility into a distribution unit or an
absorption facility. (See section 6.450).
(50)
“Emergency Repair” means repair of a failing system where immediate action is
necessary to relieve a situation in which sewage is backing up into a dwelling or building,
or repair of a broken pressure sewer pipe. It does not include the construction of new or
additional absorption facilities, but would allow use of the septic tank as a temporary
holding tank until such time as new or additional absorption facilities could be
constructed pursuant to an issued permit.
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PAGE 24
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
(51)
“Equal Distribution” means the distribution of effluent to a set of disposal trenches in
which each trench receives effluent in equivalent or proportional volumes.
(52)
“Escarpment” means any naturally occurring slope greater than fifty (50) percent that
extends vertically six (6) feet or more as measured from toe to top and is characterized by
a long cliff or steep slope that separates two (2) or more comparatively level or gently
sloping surfaces, and may intercept one (1) or more layers that limit effective soil depth.
(53)
“Evapotranspiration-Absorption (ETA) System” means an alternative system consisting
of a septic tank or other treatment facility, effluent sewer and a disposal bed or disposal
trenches, designed to distribute effluent for evaporation, transpiration by plants, and by
absorption into the underlying soil.
(54)
“Existing On-Site Sewage Disposal System” means any installed on-site sewage disposal
system constructed in conformance with the rules, laws and local codes or codes in effect
at the time of construction, or which would have conformed substantially with system
design provided for in Oregon State Board of Health, Oregon State Health Division, or
Indian Health Service rules in effect at the time of installation.
(55)
“Existing System” means “Existing On-Site Sewage Disposal System.”
(56)
“Failing System” means any system which discharges untreated or incompletely treated
sewage or septic tank effluent directly or indirectly onto the ground surface or into public
waters.
(57)
“Family Member” means any one (1) of two (2) or more persons related by blood or
legally.
(58)
“Filter Fabric” means a woven or spun-bonded sheet material used to impede or prevent
the movement of sand, silt and clay into drain media. A specification for filter fabric is
found in section 6.425.
(59)
“Five-Day Biochemical Oxygen Demand (BOD5)” means the quantity of oxygen used in
the biochemical oxidation of organic matter in five days at twenty (20) degrees
centigrade under specified conditions and reported as milligrams per liter (mg/L).
(60)
“Fragipan” means a loamy subsurface horizon with high bulk density relative to the
horizon above, seemingly cemented when dry, and weakly to moderately brittle when
moist. Fragipans are mottled and low in organic matter. They impede movement of water,
air, and growth of plant roots.
(61)
“General Permit” means a permit issued to a category of qualifying sources pursuant to
section 2.720, in lieu of individual permits being issued to each source.
(62)
“Grade” means the rate of fall or drop in inches per foot or percentage of fall of a pipe.
(63)
“Gray Water” means household sewage such as bath water, kitchen waste water and
laundry wastes.
(64)
“Gray Water Waste Disposal Sump” means a receptacle or series of receptacles designed
to receive hand-carried gray water for disposal into the soil.
(65)
“Grease and Oils” means a component of sewage typically originating from food stuffs,
consisting of compounds of alcohol or glycerol with fatty acids.
(66)
“Groundwater Interceptor” means any natural or artificial groundwater or surface water
ENVIRONMENTAL HEALTH AND SAFETY CODE
PAGE 25
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
drainage system including agricultural drain tile, cut banks, and ditches which intercept
and divert groundwater or surface water from the area of the absorption facility.
(67)
“Hardpan” means a hardened layer in soil caused by cementation of soil particles with
either silica, calcium carbonate, magnesium carbonate, or iron and/or organic matter. The
hardness does not change appreciably with changes in moisture content. Hardpans
impede movement of water and air and growth of plant roots.
(68)
“Header Pipe” means a tight jointed part of the sewage drainage conduit which receives
septic tank effluent from the distribution box, or drop box, or effluent sewer and conveys
it to the disposal area.
(69)
“Headwall” means a steep slope at the head or upper end of a land slump block or
unstable landform.
(70)
“Holding Tank” means a watertight receptacle designed to receive and store sewage to
facilitate disposal at another location.
(71)
“Holding Tank System” means an alternative system consisting of the combination of a
holding tank, service riser and level indicator (alarm), designed to receive and store
sewage for intermittent removal for disposal at another location.
(72)
“Hydrasplitter” means a hydraulic device to proportion flow under pressure by the use of
one or more orifices. Also may be referred to as a Hydrosplitter.
(73)
“Incinerator Toilet Facility” means “Combustion Toilet Facility”.
(74)
“Individual System” means a system that is not a community system.
(75)
“Individual Water Supply” means a source of water and a distribution system that serves
a residence or user for the purpose of supplying water for drinking, culinary, or
household uses and which is not a public water supply system.
(76)
“Industrial Waste” means any liquid, gaseous, radioactive, or solid waste substance or a
combination thereof resulting from any process of industry, manufacturing, trade,
business, or from the development or recovery of any natural resources.
(77)
“Intermittent Sand Filter” means a conventional sand filter.
(78)
“Intermittent Stream” means any surface public water or groundwater interceptor that
continuously flows water for a period of greater than two months in any one year, but not
continuously for that year.
(79)
“Invert” is the lowest portion of the internal cross section of a pipe or fitting.
(80)
“Large System” means any on-site system with a projected daily sewage flow greater
than two thousand five hundred (2,500) gallons.
(81)
“Lateral Pipe” means “Distribution Pipe”.
(82)
“Mechanical Sewage Treatment Facility” means an aerobic sewage treatment facility.
(83)
“Medium Sand” means a mixture of sand with 100 percent passing the 3/8 inch sieve, 95
percent to 100 percent passing the No. 4 sieve, 80 percent to 100 percent passing the No.
8 sieve, 45 percent to 85 percent passing the No. 16 sieve, 15 percent to 60 percent
passing the No. 30 sieve, 3 percent to 15 percent passing the No. 50 sieve, and 4 percent
ENVIRONMENTAL HEALTH AND SAFETY CODE
PAGE 26
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
or less passing the No. 100 sieve.
(84)
“NPDES” means Non-Point Discharge Elimination System.
(85)
“Non-water-Carried Waste Disposal Facility” means any toilet facility that has no direct
water connection, including pit privies, vault privies and portable toilets.
(86)
“Occupant” means any person living or sleeping in a dwelling.
(87)
“On-Site Sewage Disposal System” means any existing or proposed on-site sewage
disposal system including, but not limited to a standard subsurface, alternative,
experimental or non-water carried sewage disposal system, installed or proposed to be
installed on land of the owner of the system or on other land of which the owner of the
system has the legal right to install said system. This does not include systems that are
designed to treat and dispose of Industrial Waste as defined in section 6.010(76) or for
which an NPDES permit is required.
(88)
“Operating Permit” means a Water Pollution Control Facility (WPCF) permit issued
pursuant to this code.
(89)
“Owner” means any person who alone, or jointly, or severally with others:
has legal title to any single lot, dwelling, dwelling unit, or commercial facility; or
has care, charge, or control of any real property as agent, executor, administrator, trustee,
lessee, commercial lessee, or guardian of the estate of the holder of legal title; or
is the contract purchaser of real property.
NOTE: Each such person as described in subsections (b) and (c) of this section, thus
representing the legal title holder, is bound to comply with the provisions of these rules as
if he were the legal title holder.
(90)
“Permanent Groundwater Table” means the upper surface of a saturated zone that exists
year-round. The thickness of the saturated zone, and, as a result, the elevation of the
permanent groundwater table may fluctuate as much as twenty (20) feet or more
annually; but the saturated zone and associated permanent groundwater table will be
present at some depth beneath land surface throughout the year.
(91)
“Permit” means the written document issued and signed by the Environmental Health
Officer that authorizes the permittee to install a system or any part thereof, and which
may also require operation and maintenance of the system.
(92)
“Person” includes individuals, corporations, associations, firms, partnerships, joint stock
companies, public and municipal corporations, political subdivisions, a State of the
United States and any agencies thereof, and the federal government and any agencies
thereof.
(93)
“Pollution” or “Water Pollution” means such alteration of the physical, chemical or
biological properties of any waters of the Reservation, including change in temperature,
taste, color, turbidity, silt or odor of the waters, or such discharge of any liquid, gas,
solid, radioactive or other substance into any waters of the Reservation, that will or tends
to, either by itself or in connection with any other substance, create a public nuisance or
that will or tends to render such waters harmful, detrimental or injurious to public health,
safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or
other legitimate beneficial uses, or to livestock, wildlife, fish or other aquatic life or the
habitat thereof.
(94)
“Portable Toilet” means any self contained chemical toilet facility that is housed within a
portable toilet shelter and includes but is not limited to construction type chemical toilets.
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
(95)
“Portable Toilet Shelter” means any readily relocatable structure built to house a toilet
facility.
(96)
“Pressure Distribution Lateral” means piping and fittings in pressure distribution systems
that distribute septic tank or other treatment unit effluent to drain media through small
diameter orifices.
(97)
“Pressure Distribution Manifold” means piping and fittings in a pressure distribution
system that supplies effluent from pressure transport piping to pressure distribution
laterals.
(98)
“Pressure Distribution System” means any system designed to uniformly distribute septic
tank or other treatment unit effluent under pressure in an absorption facility or sand filter.
(99)
“Pressure Transport Piping” means piping that conveys sewage effluent from a septic
tank or other treatment or distribution unit by means of a pump or siphon.
(100) “Pretreatment” means the wastewater treatment that occurs prior to discharging to any
component of an on-site sewage treatment and disposal system, including but not limited
to, pH adjustment, oil and grease removal, BOD5 and TSS reduction, screening and
detoxification.
(101) “Pretreatment System”, as it applies to industrial wastes, means a system for giving
partial treatment to industrial wastes prior to being discharged to a domestic sewerage
system for further treatment and ultimate disposal.
(102) “Privy” means a structure used for disposal of human waste without the aid of water. It
consists of a shelter built above a pit or vault in the ground into which human waste falls.
(103) “Projected Daily Sewage Flow” means the peak quantity of sewage a facility is forecast
to produce on a daily basis upon which system sizing and design is based. It may be
referred to as design flow. The Projected Daily Sewage Flow allows for a safety margin
and reserve capacity for the system during periods of heavy use.
(104) “Public Health Hazard” means a condition whereby there are sufficient types and
amounts of biological, chemical or physical, including radiological, agents relating to
water or sewage that are likely to cause human illness, disorders or disability. These
include, but are not limited to, pathogenic viruses, bacteria, parasites, toxic chemicals,
and radioactive isotopes.
(105) “Public Waters” means lakes, bays, ponds, impounding reservoirs, springs, wells, rivers,
streams, creeks, marshes, inlets, canals, and all other bodies of surface or underground
waters, natural or artificial, fresh or salt, public or private (except those private waters
that do not combine or effect a junction with natural surface or underground waters), that
are wholly or partially within or bordering the Reservation or within its jurisdiction.
(106) “Recirculating Gravel Filter (RGF)” means a type of gravel filter wastewater treatment
system that utilizes an effluent recycle system where a portion of the filtered effluent is
mixed with septic tank effluent in a recirculation/dilution tank and redistributed to the
filter, in conformance with this chapter.
(107) “Recirculating Gravel Filter System” means a Recirculating Gravel Filter and an
absorption facility used to treat and dispose of sewage.
(108) “Redundant Disposal Field System” means a system in which two complete disposal
systems are installed, the disposal trenches of each system alternate with each other and
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
only one system operates at a given time.
(109) “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
defined as the replacement of the soil absorption system. Minor repair is defined as the
replacement of a septic tank, broken pipe, or any part of the on-site sewage disposal
system except the soil absorption system.
(110) “Residential Strength Wastewater” means the primary sewage effluent from a septic tank
that does not exceed the following parameters: Biochemical Oxygen Demand (BOD) of
300 mg/L; Total Suspended Solids (TSS) of 150 mg/L; Total Kjeldahl Nitrogen (TKN) of
150 mg/L; and Oil & Grease of 25 mg/L. Other contaminants may also be present in the
wastewater, however, they shall not exceed the concentrations or quantities normally
found in residential sewage. Effluent parameters are to be measured using approved
Standard Method or EPA procedures.
(111) “Sand Filter Media” means a medium sand or other approved material used in a
conventional sand filter. The media shall be durable and inert so that it will maintain its
integrity and not collapse or disintegrate with time and shall not be detrimental to the
performance of the system.
(112) “Sand Filter Surface Area” means the area of the level plane section in the medium sand
horizon of a conventional sand filter located two (2) feet below the bottom of the drain
media containing the pressurized distribution piping.
(113) “Sand Filter System” means the combination of septic tank or other treatment unit,
dosing system with effluent pump and controls, or dosing siphon, piping and fittings,
sand filter, and absorption facility used to treat and dispose of sewage.
(114) “Sanitary Drainage System” means that part of the system of drainage piping that
conveys untreated sewage from a building or structure to a septic tank or other treatment
facility, service lateral at the curb or in the street or alley, or other disposal terminal
holding human or domestic sewage. The sanitary drainage system consists of a building
drain or building drain and building sewer.
(115) “Saprolite” means weathered material underlying the soil that grades from soft
thoroughly decomposed rock to rock that has been weathered sufficiently so that it can be
broken in the hands or cut with a knife. It does not include hard bedrock or hard fractured
bedrock. It has rock structure instead of soil structure.
(116) “Saturated Zone” means a three (3) dimensional layer, lens, or other section of the
subsurface in which all open spaces including joints, fractures, interstitial voids, pores,
etc. are filled with groundwater. The thickness and extent of a saturated zone may vary
seasonally or periodically in response to changes in the rate or amount of groundwater
recharge or discharge.
(117) “Scum” means a mass of sewage solids floating at the surface of sewage that is buoyed
up by entrained gas, grease, or other substances.
(118) “Seepage Area” means “Effective Seepage Area”.
(119) “Seepage Bed” means an absorption system having disposal trenches wider than three (3)
feet.
(120) “Seepage Pit” means a “cesspool” that has a treatment facility such as a septic tank ahead
of it.
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
(121) “Seepage Trench System” means a system with disposal trenches with more than six (6)
inches of drain media below the distribution pipe.
(122) “Self-Contained Nonwater-Carried Waste Disposal Facility” includes, but is not limited
to, vault privies, chemical toilets, combustion toilets, recirculating toilets, and portable
toilets, in which all waste is contained in a watertight receptacle.
(123) “Septage” means the domestic liquid and solid sewage pumped from septic tanks,
cesspools, holding tanks, vault toilets, chemical toilets or other similar domestic sewage
treatment components or systems and other sewage sludge not derived at sewage
treatment plants.
(124) “Septic Tank” means a watertight receptacle that receives sewage from a sanitary
drainage system, is designed to separate solids from liquids, digest organic matter during
a period of detention, and allow the liquids to discharge to a second treatment unit or to a
soil absorption facility. (See 6.400 through 6.410).
(125) “Septic Tank Effluent” means partially treated sewage that is discharged from a septic
tank.
(126) “Serial Distribution” means the distribution of effluent to a set of disposal trenches
constructed at different elevations in which one (1) trench at a time receives effluent in
consecutive order beginning with the uppermost trench, by means of a Drop Box, a serial
overflow or other approved distribution unit. The effluent in an individual trench must
reach a level of two (2) inches above the distribution pipe before effluent is distributed to
the next lower trench.
(127) “Sewage” means water-carried human and animal wastes, including kitchen, bath, and
laundry wastes from residences, buildings, industrial establishments, or other places,
together with such groundwater infiltration, surface waters, or industrial waste as may be
present.
(128) “Sewage Disposal Service” means:
(a)
The construction of on-site sewage disposal systems (including the placement of
portable toilets), or any part thereof; or
(b)
The pumping out or cleaning of on-site sewage disposal systems (including
portable toilets), or any part thereof; or
(c)
The disposal of material derived from the pumping out or cleaning of on-site
sewage disposal systems (including portable toilets); or
(d)
Grading, excavating, and earth-moving work connected with the operations
described in subsection (a) of this section.
(129) “Sewage Stabilization Pond” means a pond designed to receive the raw sewage flow
from a dwelling or other building and retain that flow for treatment without discharge.
(130) "Sewerage System” means pipelines or conduits, pumping stations, and force mains, and
other structures, devices, appurtenances and facilities used for collecting or conducting
wastes to an ultimate point for treatment or disposal. Generally limited to “common
sewers”.
(131) “Slope” means the rate of fall or drop in feet per one hundred (100) feet of the ground
surface. It is expressed as percent of grade.
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
(132) “Soil Permeability Rating” refers to that quality of the soil that enables it to transmit
water or air, as outlined in the United States Department of Agriculture Handbook,
Number 18, entitled Soil Survey Manual.
(133) “Soil Separate” means the size of soil particles according to Table 7.
(134) “Soil Texture” means the amount of each soil separate in a soil mixture. Field methods
for judging the texture of a soil consist of forming a cast of soil, both dry and moist, in
the hand and pressing a ball of moist soil between thumb and finger.
The major textural classifications are defined as follows. (See Table 6):
(a)
Sand: Individual grains can be seen and felt readily. Squeezed in the hand when
dry, this soil will fall apart when the pressure is released. Squeezed when moist, it
will form a cast that will hold its shape when the pressure is released, but will
crumble when touched;
(b)
Loamy Sand: Consists primarily of sand, but has enough silt and clay to make it
somewhat cohesive. The individual sand grains can readily be seen and felt.
Squeezed when dry, the soil will form a cast which will readily fall apart, but if
squeezed when moist, a cast can be formed that will withstand careful handling
without breaking;
(c)
Sandy Loam: Consists largely of sand, but has enough silt and clay present to give
it a small amount of stability. Individual sand grains can be readily seen and felt.
Squeezed in the hand when dry, this soil will readily fall apart when the pressure is
released. Squeezed when moist, it forms a cast that will not only hold its shape
when the pressure is released, but will withstand careful handling without
breaking. The stability of the moist cast differentiates this soil from sand;
(d)
Loam: Consists of an even mixture of the different sizes of sand and of silt and
clay. It is easily crumbled when dry and has a slightly gritty, yet fairly smooth feel.
It is slightly plastic. Squeezed in the hand when dry, it will form a cast that will
withstand careful handling. The cast formed of moist soil can be handled freely
without breaking;
(e)
Silt Loam: Consists of a moderate amount of fine grades of sand, a small amount
of clay, and a large quantity of silt particles. Lumps in a dry, undisturbed state
appear quite cloddy, but they can be pulverized readily; the soil then feels soft and
floury. When wet, silt loam runs together in puddles. Either dry or moist, casts can
be handled freely without breaking. When a ball of moist soil is passing between
thumb and finger, it will not press out into a smooth, unbroken ribbon, but will
have a broken appearance;
(f)
Clay Loam: Consists of an even mixture of sand, silt, and clay, which breaks into
clods or lumps when dry. When a ball of moist soil is pressed between the thumb
and finger, it will form a thin ribbon that will readily break, barely sustaining its
own weight. The moist soil is plastic and will form a cast that will withstand
considerable handling;
(g)
Silty Clay Loam: Consists of a moderate amount of clay, a large amount of silt,
and a small amount of sand. It breaks into moderately hard clods or lumps when
dry. When moist, a thin ribbon or one-eighth (1/8) inch wire can be formed
between thumb and finger that will sustain its weight and will withstand gentle
movement;
(h)
Silty Clay: Consists of even amounts of silt and clay and very small amounts of
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
sand. It breaks into hard clods or lumps when dry. When moist, a thin ribbon or
one-eighth (1/8) inch or less sized wire formed between thumb and finger will
withstand considerable movement and deformation;
(i)
Clay: Consists of large amounts of clay and moderate to small amounts of sand. It
breaks into very hard clods or lumps when dry. When moist, a thin, long ribbon or
one-sixteenth (1/16) inch wire can be molded with ease. Fingerprints will show on
the soil, and a dull to bright polish is made on the soil by a shovel.
(j)
These and other soil textural characteristics are also defined as shown in the United
States Department of Agriculture Textural Classification Chart which is hereby
adopted as part of this Code. This textural classification chart is based on the
Standard Pipette Analysis as defined in the United States Department of
Agriculture, Soil Conservation Service Soil Survey Investigations Report No. 1.
(See Table 6).
(135) “Soil With Rapid or Very Rapid Permeability” means:
(a)
Soil which contains thirty-five (35) percent or more of coarse fragments two (2)
millimeters in diameter or larger by volume with interstitial soil of sandy loam
texture or coarser as defined in subsection (134) of this section and as classified in
Soil Textural Classification Chart, Table 6; or
(b)
Coarse textured soil (loamy sand or sand as defined in subsection (134) of this
section and as classified in Soil Textural Classification Chart, Table 6); or
(c)
Stones, cobbles, gravel, and rock fragments with too little soil material to fill
interstices larger than one (1) millimeter in diameter.
(136) “Split Waste Method” means a procedure where “black waste” sewage and “gray water”
sewage from the same dwelling or building are disposed of by separate systems.
(137) “Stabilized Dune” means a sand dune that is similar to an active dune except vegetative
growth is dense enough to prevent blowing of sand. The surface horizon is either covered
by a mat of decomposed and partially decomposed leaves, needles, roots, twigs, moss,
etc., or to a depth of at least six (6) inches contains roots and has a color value of three (3)
or less.
(138) “Standard Subsurface System” means an on-site sewage disposal system consisting of a
septic tank, distribution unit and absorption facility constructed in accordance with
Section 6.095, using six (6) inches of drain media below the distribution pipe, and
maintaining not less than eight (8) feet of undisturbed earth between disposal trenches.
(139) “Steep Slope System” means a seepage trench system installed on slopes greater than
thirty (30) percent and less than or equal to forty-five (45) percent, pursuant to this
chapter.
(140) “Subsurface Sewage Disposal” means the physical, chemical or bacteriological
breakdown and aerobic treatment of sewage in the unsaturated zone of the soil above any
temporarily perched groundwater body.
(141) “Subsurface Disposal System” means a cesspool or the combination of a septic tank or
other treatment unit and effluent sewer and absorption facility.
(142) “Surface Waters” means public waters, but excludes underground waters and wells.
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
(143) “System” means “On-Site Sewage Disposal System”.
(144) “Temporary Groundwater Table” means the upper surface of a saturated zone that exists
only on a seasonal or periodic basis. Like a permanent groundwater table, the elevation of
a temporary groundwater table may fluctuate. However, a temporary groundwater table
and associated saturated zone will dissipate (dry up) for a period of time each year.
(145) “Test Pit” means an open pit dug to sufficient size and depth to permit thorough
examination of the soil to evaluate its suitability for subsurface sewage disposal.
(146) “Tile Dewatering System” means an alternative system in which the absorption facility is
encompassed with field collection drainage tile, the purpose of which is to reduce and
control a groundwater table to create a zone of aeration below the bottom of the
absorption facility.
(147) “Toilet Facility” means a fixture housed within a toilet room or shelter for receiving
black waste.
(148) “Total Kjeldahl Nitrogen (TKN)” means the combination of ammonia and organic
nitrogen but does not include nitrate and nitrite nitrogen.
(149) “Total Suspended Solids” (TSS) means solids in sewage that can be removed readily by
standard filtering procedures in a laboratory and reported as milligrams per liter (mg/L).
(150) “Treatment” means the alteration of the quality of wastewaters by physical, chemical or
biological means or combination thereof such that tendency of said wastes to cause
degradation in water quality, risk to public health or degradation of environmental
conditions is reduced.
(151) “Treatment Works” means any plant or other works used for the purpose of treating
stabilizing or holding wastes, including pretreatment systems.
(152) “Underdrain Media” means that material placed under the sand filter media in a sand
filter. It shall be clean, washed pea gravel with 100 percent passing the ½ inch sieve, 18
to 100 percent passing the ¼ inch sieve, 5 to 75 percent passing the No. 4 sieve, 24
percent or less passing the No. 10 sieve, 2 percent or less passing the No. 16 sieve, and 1
percent or less passing the No. 100 sieve.
(153) “Unstable Landforms” means areas showing evidence of mass downslope movement
such as debris flow, mass wasting, landslides, rockfall, and hummock hill slopes with
undrained depressions upslope. Unstable landforms may exhibit slip surfaces roughly
parallel to the hillside; landslide scars and curving debris ridges; fences, trees, and
telephone poles which appear tilted; or tree trunks which bend uniformly as they enter the
ground. Active sand dunes are unstable landforms.
(154) “Vertisols” means a mineral soil characterized by a high content of swelling-type clays
which in dry seasons, causes the soils to develop deep wide cracks.
(155) “WPCF Permit” means a Water Pollution Control Facilities Permit that has been issued
pursuant to Section 6.140.
(156) “Wastes” means sewage, industrial wastes, and all other liquid, gaseous, solid,
radioactive, or other substances that will or may cause pollution or tend to cause pollution
of any waters of the Umatilla Indian Reservation.
(157) “Wastewater” means Sewage.
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
(158) “Zone of Aeration” means the unsaturated zone that occurs below the ground surface and
above the point at which the upper limit of the water table exists.
6.015 ON-SITE SEWAGE DISPOSAL SYSTEMS
On site sewage disposal systems shall be installed in conformance with Environmental
Protection Agency Design Manual, Onsite Wastewater Treatment and Disposal Systems,
October, 1980, and this chapter.
6.020 RESPONSIBILITY FOR SYSTEMS
Each owner of real property is jointly and severally responsible for:
(1)
Disposing of sewage on that property in conformance with this chapter; and
(2)
Connecting all plumbing fixtures on that property, from which sewage is or may be
discharged, to a sewerage facility or on-site sewage disposal system approved by the
Environmental Health Office; and
(3)
Maintaining, repairing, or replacing the system as necessary to assure proper operation of
the system.
6.025 GENERAL STANDARDS, PROHIBITIONS, AND REQUIREMENTS
(1)
Unapproved sewage disposal systems prohibited. It shall be a violation of this chapter
for any person to construct, operate, or maintain a sewage disposal system on the
Umatilla Indian Reservation that does not comply with these standards.
(2)
Permits for construction are required. No person shall construct, alter, or connect to an
individual septic tank, lagoon, cesspool system, community sewerage system, or any
other type of liquid or sewage waste disposal system unless they hold a valid permit
issued by the Environmental Health Officer for the specific construction. Applications
for the permits shall be in writing, signed by the applicant and include the following:
(a)
Name, mailing address and phone number of the applicant.
(b)
Plans and specifications for the proposed facilities.
(c)
Location of the proposed construction.
(d)
Location of water supplies, piping, existing facilities, buildings or proposed
buildings.
(e)
Results of soil tests or soil percolation tests.
(3)
Applications shall be reviewed by the Environmental Health Officer and written
recommendations made before construction is approved. All new connections shall be
inspected and approved by the Environmental Health Officer before being placed into
service. All premises within the community sewerage service area shall be connected to
that service. Sewer interceptor lines of more than 100 feet shall be a minimum of 8” in
diameter to allow for additional connections if necessary.
(4)
All construction shall be subject to the provisions of the Land Development Code and
Uniform Building Codes, as adopted.
(5)
Disposal of privy and septic tank contents shall be collected, transported, and disposed of
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
in a manner approved by the Environmental Health Officer. Permits for septic tank
pumper operators are required and shall be renewed on an annual basis.
(6)
Under no circumstances will septic tank effluent be discharged into the Mission sanitary
sewer trunk line or any unauthorized location.
(7)
Public Waters or Public Health Hazards.
(a)
If, in the judgment of the Environmental Health Officer, proposed operation of a
system would cause pollution of public waters or create a public health hazard,
system installation or use shall not be authorized.
(b)
If, in the judgement of the Environmental Health Officer, the minimum standards
contained in this chapter do not afford adequate protection of public waters or
public health, the requirements shall be more stringent. This may include, but is
not limited to, increasing setbacks, increasing drainfield sizing or utilizing an
Alternative System.
(c)
If the Environmental Health Officer imposes requirements more stringent than the
minimum, a written statement of the specific reasons why the requirements are
necessary shall be provided to the applicant.
(8)
Approved Disposal Required. All sewage shall be treated and disposed of in a manner
approved by the Environmental Health Office. After review by the Technical Review
Committee and by the Environmental Health Office, the Environmental Health Officer
may approve the use of new or innovative technologies, materials, or designs that differ
from those specified within this chapter, if such technologies, materials, or designs
provide equivalent or better protection of the public health and safety, and of waters of
the Confederated Tribes and meet the purposes of this code.
(9)
Discharge of Sewage Prohibited. Discharge of untreated or partially treated sewage or
septic tank effluent directly or indirectly onto the ground surface or into public waters
constitutes a public health hazard and is prohibited.
(10)
Discharges Prohibited. No cooling water, air conditioning water, water softener brine,
groundwater, oil, hazardous materials, roof drainage, or other aqueous or non-aqueous
substances that are, in the judgement of the Environmental Health Officer, detrimental to
the performance of the system or to groundwater, shall be discharged into any system.
(11)
Increased Flows Prohibited. Except where specifically allowed within this chapter, no
person shall connect a dwelling or commercial facility to a system if the total projected
sewage flow would be greater than that allowed under the original system construction
permit.
(12)
System Capacity. Each system shall have adequate capacity to properly treat and dispose
of the maximum projected daily sewage flow. The quantity of sewage shall be
determined from Table 2 or other information the Environmental Health Officer
determines to be valid that may show different flows.
(13)
Material Standards. All materials used in on-site systems shall comply with standards set
forth in this chapter.
(14)
Encumbrances. A permit to install a new system can be issued only if each site has
received an approved site evaluation and is free of encumbrances (i.e., easements, deed
restrictions, etc.) that could prevent the installation or operation of the system from being
in conformance with this chapter.
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
(15)
Future Connection to Sewerage System. In areas where a district has been formed to
provide sewerage facilities, placement of house plumbing to facilitate connection to the
sewerage system shall be encouraged.
(16)
Plumbing Fixtures Shall be Connected. All plumbing fixtures in dwellings and
commercial facilities from which sewage is or may be discharged, shall be connected to,
and shall discharge into an approved area-wide sewerage system, or an approved on-site
system that is in good working order.
(17)
Property Line Crossed.
(a)
A recorded utility easement and covenant against conflicting uses, on a form
approved by the Environmental Health Officer, is required whenever a system
crosses a property line separating properties under different ownership. The
easement must accommodate that part of the system, including setbacks, that lies
beyond the property line, and must allow entry to install, maintain and repair the
system;
(b)
Whenever an on-site system is located on one lot or parcel and the facility it
serves is on another lot or parcel under the same ownership, the owner shall
execute and record in the Bureau of Indian Affairs or county land title records, as
appropriate, on a form approved by the Environmental Health Officer, an
easement and a covenant in favor of the Umatilla Indian Reservation;
(c)
Allowing its officers, agents, employees and representatives to enter and inspect,
including by excavation, that portion of the system, including setbacks, on the
other lot or parcel; and
(d)
Agreeing not to put that portion of the other lot or parcel to a conflicting use; and
(e)
Agreeing that upon severance of the lots or parcels, to grant or reserve and record
a utility easement, in a form approved by the Environmental Health Officer, in
favor of the owner of the lot or parcel served by the system.
(18)
Disposal and Replacement Area. Except as provided herein, the disposal area, including
installed system and replacement area shall not be subject to activity that would, in the
opinion of the Environmental Health Officer, adversely affect the soil or the functioning
of the system. This may include, but is not limited to, vehicular traffic, covering the area
with asphalt or concrete, filling, cutting, or other soil modification.
(19)
Operation and Maintenance. All systems shall be operated and maintained so as not to
create a public health hazard or cause water pollution. Those facilities specified in subsections (21) or (22) of this section as requiring a WPCF permit shall have operation and
maintenance requirements established in the permit.
(20)
Construction. The Environmental Health Officer may limit the time period a system can
be constructed due to soil conditions, weather, groundwater, or other conditions which
could affect the reliability of the system.
(21)
Operating Permit Requirements. The following systems shall be constructed and operated
under a renewable WPCF permit:
(a)
Any system with a projected daily sewage flow greater than 2,500 gallons;
(b)
A system of any size, if the sewage produced is greater than residential strength
waste water;
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(c)
Holding tanks;
NOTE: This requirement does not apply to septic tanks used as temporary holding
tanks.
(d)
A system that serves a commercial facility and includes a conventional sand filter
as part of the treatment system.
(e)
A system having an aerobic treatment facility as part of the treatment process if:
(A)
The system serves a commercial facility; or
(B)
The system does not meet the requirements of Sections 6.095 and 6.190 of
this chapter.
(f)
Recirculating Gravel Filters (RGFs);
(g)
Other systems that are not described in this chapter, that do not discharge to
surface public waters.
(22)
WPCF Permits for Existing Facilities. Owners of existing systems, other than owners of
holding tanks, which this code would otherwise require to be constructed and operated
under a WPCF permit, are not required to apply for a WPCF permit until such time as a
system repair, correction, alteration, or expansion is necessary. All owners of existing
holding tanks that require a WPCF permit under this code shall make application for a
WPCF permit within twelve (12) months of the effective date of this code.
(23)
Perpetual Surety Bond Requirements. Pursuant to Chapter 2 of this code, a perpetual
surety bond, or approved alternate security, in the amount of $1.00 per gallon per day
installed sewage disposal capacity, shall be filed with the Environmental Health Office
by any person proposing to construct or operate facilities for the collection, treatment, or
disposal of sewage with a design capacity of 5,000 gallons per day or more.
(24)
Exemptions From the Surety Bond Requirements:
(25)
(a)
Systems serving only food handling establishments, travel trailer
accommodations, tourist and travelers facilities, or other development operated by
a public entity or under license issued by the Environmental Health Office for
food service. (Systems which serve both licensed facilities and unlicensed
facilities require a surety bond if the portion requiring a Food Service license has
a design capacity of 5,000 gallons per day or more);
(b)
Systems owned and operated by a state or federal agency, city, county service
district, sanitary authority, sanitary district, or other public body;
(c)
Systems serving the sewerage needs of industrial or commercial operations where
there are no permanent residences.
(d)
Alternate Security: The approved forms of alternate security are specified in
Chapter 2.
Engineering Plan Review. Unless specifically exempted by code, all plans and
specifications for the construction, installation or modification of disposal systems, shall
be submitted to the Environmental Health Office for approval. The design criteria and
standards governing the plan review are as follows:
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(a)
For on-site systems that do not require a WPCF permit, the standards and design
criteria for construction are found in this code. Construction standards
manufactured items are found in Sections 6.400 through 6.475 of this code.
(b)
For on-site systems that require a WPCF permit, the criteria in this code shall be
used. However, the Environmental Health Officer may allow exceptions to the
criteria and technologies, when the applicant or Environmental Health Office has
adequate documentation of successful operation of that technology or design. The
burden of proof for demonstrating new processes, treatment systems, and
technologies that the Environmental Health Office is unfamiliar with, lies with the
applicant and system designer.
(26)
Manufacturer’s Specifications. All materials and equipment, including but not limited to
tanks, pipe, fittings, solvents, pumps, controls, valves, etc. shall be installed, constructed,
operated, and maintained in accordance with manufacturer’s minimum specifications.
(27)
Sewer and Water Lines. Effluent sewer and water line piping which is constructed of
materials that are approved for use within a building, as defined by the current Plumbing
Specialty Code, as adopted by the Confederated Tribes of the Umatilla Indian
Reservation, may be run in the same trench. Where the effluent sewer pipe is of material
not approved for use in a building, it shall not be run or laid in the same trench as water
pipe unless both of the following conditions are met:
(a)
The bottom of the water pipe at all points shall be set at least 12 inches above the
top of the sewer pipe;
(b)
The water pipe shall be placed on a solid shelf excavated at one side of the
common trench with a minimum clear horizontal distance of at least 12 inches
from the sewer pipe.
(28)
Septage Disposal. No person shall dispose of sewage, septage (septic tank pumpings), or
sewage contaminated materials in any location not authorized by the Environmental
Health Office under applicable codes for such disposal.
(29)
Groundwater Levels. All groundwater levels shall be predicted using “Conditions
Associated With Saturation” as defined in section 6.010 (25). If conditions associated
with saturation do not occur in soil with rapid or very rapid permeability, predictions of
the highest level of the water table shall be based on past recorded observations of the
Environmental Health Officer. If such observations have not been made, or are
inconclusive, the application shall be denied until observations can be made.
Groundwater level determinations shall be made during the period of the year in which
high groundwater normally occurs in that area.
6.30
SITE EVALUATION PROCEDURES
(1)
A site evaluation is the first step in the process of obtaining a construction permit for an
on-site system. Except as otherwise allowed in this chapter, any person who wishes to
install a new on-site sewage system shall first obtain a Site Evaluation Report.
(2)
Applications for site evaluations shall be made to the Environmental Health Officer, on
forms approved by the Environmental Health Office. Each application must be completed
in full, signed by the owner or legally authorized representative, and be accompanied by
all required exhibits and appropriate fee. Incomplete applications shall be returned to the
applicant to be completed. Unless other procedures approved by the Environmental
Health Office are provided, applicants shall provide at least two (2) test pits with
dimensions and configuration as directed by the Environmental Health Officer, which are
located approximately seventy-five (75) feet apart and within the area of the proposed
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system, including the repair/replacement area.
(3)
Site Evaluation Report:
(a)
The Environmental Health Officer shall evaluate the site of the proposed system,
shall consider all system options, and shall provide a report of such evaluation;
(b)
The Site Evaluation Report shall be on a form approved by the Environmental
Health Officer;
(c)
The report shall contain, at a minimum, a site diagram and observations of the
following site characteristics, if present:
(A)
Parcel size;
(B)
Slope - in disposal field and replacement areas (percent and direction);
(C)
Surface streams, springs, wetlands, swales - other bodies of water;
(D)
Existing and proposed wells;
(E)
Escarpments;
(F)
Cuts and fills;
(G)
Unstable landforms;
(H)
Soil profiles - determined from test pits provided by applicant;
(I)
Water table levels;
(J)
Useable area for initial and replacement disposal areas;
(K)
Encumbrances (applicant list on application);
(L)
Sewerage availability;
(M)
Other observations as appropriate.
(d)
Site evaluation reports for subdivisions or other land divisions shall be based upon
an evaluation of each lot;
(e)
Specific conditions or limitations imposed on an approved site shall be listed on
the evaluation report;
(f)
An Environmental Health Officer approved site evaluation report assures that the
property owner will receive a permit to construct a system on that property
provided procedures and conditions for permit issuance found in section 6.040 are
met.
(4) Approval or Denial:
(a)
In order to obtain a favorable site evaluation report the following conditions shall
be met:
(A)
Compliance with all criteria for approval of a specific type or types of
systems, as outlined in this chapter;
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(B)
Each lot or parcel must have sufficient usable area available to
accommodate an initial and replacement system. The usable area may be
located within the lot or parcel, or within the bounds of another lot or
parcel if secured pursuant to section 6.025 (17). Sites may be approved
where the initial and replacement systems would be of different types,
e.g., a standard subsurface system as the initial system and an alternative
system as the replacement system. The site evaluation report shall indicate
the type of the initial and type of replacement system for which the site is
approved.
EXCEPTION: A replacement area is not required in areas under control of
a Tribally recognized government entity such as a city, county, or sanitary
district, provided the entity gives a written commitment that sewerage
service will be provided within five (5) years.
(5)
(b)
A site evaluation shall be denied where the conditions identified in subsection
(4)(a) of this section are not met;
(c)
Technical code changes shall not invalidate a favorable site evaluation, but may
require the use of a different kind of system.
Site Evaluation Report Review. A site evaluation report issued by the Environmental
Health Officer shall be reviewed at the request of the applicant. The application for
review shall be submitted to the Environmental Health Office, in writing, within thirty
(30) days of the site evaluation report issue date, and be accompanied by the review fee.
The review shall be conducted and a report prepared by the Environmental Health
Officer.
6.035 EXISTING SYSTEM EVALUATION REPORT
(1)
Any person, upon application, may request an evaluation report on an existing on-site
sewage disposal system. The application shall be on a form provided by the
Environmental Health Office.
(2)
The application is complete only when the form, on its face, is completed in full, signed
by the owner or the owner’s legally authorized representative, and is accompanied by all
necessary exhibits including the fee. A fee shall not be charged for an evaluation report
on any proposed repair, alteration or extension of an existing system for which a permit
application has been made pursuant to section 6.145.
(3)
The Environmental Health Officer shall:
(a)
Examine the records, if available, on the existing system; and
(b)
Conduct a field evaluation of the existing system; and
(c)
Issue a report of findings to the applicant.
6.040 PERMIT APPLICATION PROCEDURES - GENERAL REQUIREMENTS
(1)
No person shall cause or allow construction, alteration, or repair of a system, or any part
thereof, without first applying for and obtaining a permit.
EXCEPTION: Emergency repairs as set forth in Section 6.090.
(2)
Applications for permits shall be made on forms provided by the Environmental Health
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Office.
(3)
An application is complete only when the form, on its face, is completed in full, is signed
by the owner or the owner’s legally authorized representative, and is accompanied by all
required exhibits and fee. Except as otherwise allowed in this chapter, the exhibits shall
include:
(a)
Favorable Site Evaluation Report. At the Environmental Health Officer’s
discretion, the requirement for an evaluation report may be waived when the
application is for a repair permit or an alteration permit;
(b)
A land use compatibility statement from the Land Code Administration Office
signifying that the proposed land use is compatible with the Land Development
Code and the Comprehensive Plan.
(c)
Plans and specifications for the on-site system proposed for installation within the
area identified by the Environmental Health Officer in the favorable site
evaluation report. The Environmental Health Officer shall determine and request
the minimum level of detail necessary to insure proper system construction;
(d)
Any other information the Environmental Health Officer finds is necessary to
complete the permit application.
(4)
The application form shall be received by the Environmental Health Officer only when
the form is complete, as detailed in section 6.040 (3) of this code.
(5)
Upon receipt of a completed application the Environmental Health Officer shall deny the
permit if:
(a)
The application contains false information;
(b)
The application was wrongfully received by the Environmental Health Officer;
(c)
The proposed system would not comply with this code;
(d)
The proposed system, if constructed, would violate a moratorium as described in
section 6.215;
(e)
The proposed system location is encumbered as described in section 6.025 (17);
(f)
A sewerage system that can serve the proposed sewage flow is both legally and
physically available, as described in paragraphs (A) and (B) of this subsection:
(A)
Physical Availability. A sewerage system shall be deemed physically
available if its nearest connection point from the property to be served is:
(j)
For a single family dwelling, or other establishment with a
maximum projected daily sewage flow of not more than four
hundred fifty (450) gallons, within three hundred (300) feet;
(ii)
For a proposed subdivision or group of two (2) to five (5) single
family dwellings, or equivalent projected daily sewage flow, not
further than two hundred (200) feet multiplied by the number of
dwellings or dwelling equivalents;
(iii)
For proposed subdivisions or other developments with more than
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five (5) single family dwellings, or equivalents, the Environmental
Health Officer shall make a case-by-case determination of
sewerage availability.
EXCEPTION: A sewerage system shall not be considered
available if topographic or man-made features make connection
physically impractical.
(B)
Legal Availability. A sewerage system shall be deemed legally available if
the system is:
(i)
Not under an Environmental Health Office connection permit
moratorium, and;
(ii)
The sewerage system owner is willing or obligated to provide
sewer service, and;
(iii)
Within the boundaries of a Tribally recognized sewerage service
area.
(6)
A permit shall be issued only to a person licensed under Section 6.230, or to the owner or
easement holder of the land on which the system is to be installed.
(7)
No person shall construct, alter or repair a system, or any part thereof, unless that person
is licensed under Section 6.230, or is the permittee.
(8)
The Environmental Health Officer shall either issue or deny the permit within twenty
(20) days after receipt of the completed application.
EXCEPTION: If weather conditions or distance and unavailability of transportation
prevent the Environmental Health Officer from acting to either issue or deny the permit
within twenty (20) days, the applicant shall be notified in writing. The notification shall
state the reason for delay. The Environmental Health Officer shall either issue or deny the
permit within sixty (60) days after the mailing date of such notification.
(9)
A permit issued pursuant to this chapter shall be effective for one (1) year from the date
of issuance for construction of the system. The construction-installation permit is not
transferable. Once a system is installed pursuant to the permit, and a Certificate of
Satisfactory Completion has been issued for the installation, conditions imposed as
requirements for permit issuance shall continue in force as long as the system is in use.
(10)
Renewal of a permit may be granted to the original permittee if an application for permit
renewal is filed prior to the original permit expiration date. Application for permit
renewal shall conform to the requirements of sub-sections (2) and (4) of this section. The
permit shall be issued or denied consistent with sub-sections (5), (6), (8), and (9) of this
section.
(11)
If a permit has been issued pursuant to this chapter but existing soil moisture conditions
preclude the construction of the soil absorption system, the septic tank may be installed
and used as a temporary holding tank upon approval of the Environmental Health Officer.
Before the Environmental Health Officer will approve such use, the permittee shall
demonstrate that the outlet of the tank has been sealed with a water tight seal and that the
permittee or owner has entered into a pumping contract for the tank. The maximum
length of time a septic tank can be used as a temporary holding tank is 12 months.
6.45
PERMIT APPLICATION PROCEDURES - WPCF PERMITS
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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
As Amended through Resolution No. 18-007 (January 22, 2018)
(1)
Any person wishing to obtain a new, modified, or renewal WPCF permit shall submit a
written application on forms provided by the Environmental Health Office. Applications
must be submitted at least 60 days before a permit is needed. All application forms must
be completed in full, signed by the applicant or the applicant’s legally authorized
representative, and accompanied by the specified number of copies of all required
exhibits. The name of the applicant must be the legal name of the owner of the facilities,
the owner’s agent, or the lessee responsible for the operation and maintenance. Some, but
not necessarily all of the required exhibits that must accompany the application are:
(a)
A land use compatibility statement indicating that the site is approved for the
activity for which the applicant is applying (if the activity is approved only upon
condition of a conditional use permit, a copy of the issued conditional use permit
shall be one of exhibits);
(b)
A copy of a favorable site evaluation report indicating that the site is approved for
the type and quantity of wastes to be disposed;
(c)
Evidence that the permit processing fees and the first year’s annual compliance
determination fee have been paid to the Environmental Health Office, as directed;
(d)
A site diagram meeting the requirements of section 6.040 (3)(c).
(2)
Applications that are obviously incomplete, unsigned, or that do not contain the required
exhibits will not be accepted by the Environmental Health Office for filing and may be
returned for completion.
(3)
Within 15 days after filing, the Environmental Health Office will preliminarily review the
application to determine the adequacy of the information submitted:
(a)
If the Environmental Health Office determines that additional information is
needed, it will promptly request the needed information from the applicant. The
application will not be considered complete for processing until the requested
information is received. The application will be considered withdrawn if the
applicant fails to submit the requested information within 90 days of the request;
(b)
If, in the opinion of the Environmental Health Officer, additional measures are
necessary to gather facts regarding the application, the Environmental Health
Office will notify the applicant that said measures will be instituted, and the
timetable and procedures to be followed. The application will not be considered
complete for processing until the necessary additional fact finding measures are
completed. When the Environmental Health Officer determines the information in
the application is adequate, the applicant shall be notified in writing that the
application is complete for processing.
(4)
Following a determination that the application is complete for processing, each
application will be reviewed on its own merits. Recommendations will be developed in
accordance with the provisions of this chapter.
(5)
Draft Permit Review. If the Environmental Health Officer makes a preliminary
determination to issue a permit, a permit will be drafted and sent to the applicant for
review. The applicant will have up to 14 calendar days to comment on the draft permit.
(6)
Public Participation. For on-site disposal systems with a design flow of 5,000 gallons per
day or greater, a public notice of the pending Environmental Health Office action shall be
distributed to the interested public. If in the public interest, at the discretion of the
Environmental Health Officer, a public notice may be distributed regarding pending
Environmental Health Office actions or other on-site disposal systems requiring WPCF
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permits. If a public notice is distributed, it shall be for a period of at least 30 days. If,
during the public notice period, the Environmental Health Office receives written
requests from ten persons, or from an organization representing at least 10 persons, for a
public hearing to allow interested persons to appear and submit oral or written comments
on the proposed provisions, the Environmental Health Office shall provide such a
hearing, at a reasonable place, time, and on reasonable notice, before the Natural
Resources Commission, prior to taking final action on the application.
(7)
Final Environmental Health Office Action. Within 45 days after closing of the public
comment period, the Environmental Health Office shall take final action on the permit
application. In making its final determination, the Environmental Health Office shall
consider the comments received and any other information obtained that may be pertinent
to the application being considered.
(8)
Applicant’s Appeal Rights. If the applicant is dissatisfied with the conditions or
limitations of the permit, the applicant may appeal to the Umatilla Tribal Court. Appeals
shall be conducted according to chapter 2 of this Code.
(9)
Permit Term. A permit issued pursuant to this section shall be for a period not to exceed 5
years. The expiration date shall be recorded on each permit issued. At least 90 days prior
to the expiration of the permit, a permit renewal application, on forms provided by the
Environmental Health Office, shall be filed with the Environmental Health Office to
obtain renewal of the permit.
(10)
F
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