# STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION (2018) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_umatilla%3A9760a2d795a641e4 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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, ENVIRONMENTAL HEALTH AND SAFETY CODE PAGE 3 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 PAGE 4 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 ENVIRONMENTAL HEALTH AND SAFETY CODE PAGE 5 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, ENVIRONMENTAL HEALTH AND SAFETY CODE PAGE 6 STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION As Amended through Resolution No. 18-007 (January 22, 2018) 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. ENVIRONMENTAL HEALTH AND SAFETY CODE PAGE 7 STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION As Amended through Resolution No. 18-007 (January 22, 2018) (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. ENVIRONMENTAL HEALTH AND SAFETY CODE PAGE 8 STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION As Amended through Resolution No. 18-007 (January 22, 2018) (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 ENVIRONMENTAL HEALTH AND SAFETY CODE PAGE 9 STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION As Amended through Resolution No. 18-007 (January 22, 2018) 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 ENVIRONMENTAL HEALTH AND SAFETY CODE PAGE 10 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 ENVIRONMENTAL HEALTH AND SAFETY CODE PAGE 11 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 ENVIRONMENTAL HEALTH AND SAFETY CODE PAGE 12 STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION As Amended through Resolution No. 18-007 (January 22, 2018) 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 ENVIRONMENTAL HEALTH AND SAFETY CODE PAGE 13 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 ENVIRONMENTAL HEALTH AND SAFETY CODE PAGE 14 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 ENVIRONMENTAL HEALTH AND SAFETY CODE PAGE 15 STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION As Amended through Resolution No. 18-007 (January 22, 2018) 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. ENVIRONMENTAL HEALTH AND SAFETY CODE 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. ENVIRONMENTAL HEALTH AND SAFETY CODE 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. ENVIRONMENTAL HEALTH AND SAFETY CODE 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. ENVIRONMENTAL HEALTH AND SAFETY CODE PAGE 27 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 ENVIRONMENTAL HEALTH AND SAFETY CODE PAGE 28 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. ENVIRONMENTAL HEALTH AND SAFETY CODE PAGE 29 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. ENVIRONMENTAL HEALTH AND SAFETY CODE PAGE 30 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 Lo [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_umatilla%3A9760a2d795a641e4. Public record. Not legal advice.