Oregon DEQ: Water Quality - Water Reuse Program

On August 25, 2011, the Oregon Environmental Quality Commission approved rules that create a new, statewide program for the permitting of graywater reuse and disposal systems. House Bill 2080, passed by the 2009 Oregon Legislature, directed development and adoption of these rules. DEQ administers the graywater permitting program and is in the process of developing permits and formalizing the program. DEQ expects to begin issuing permits for graywater reuse and disposal systems in spring 2012.

Introduction
Regulations & Other Information

Permitting
Related Links

Introduction

Under Oregon law, graywater includes shower and bath wastewater, bathroom sink water, kitchen sink wastewater, and laundry wastewater. Graywater does not include toilet or garbage wastes, or wastewater contaminated by soiled diapers.

Graywater can be contaminated with organic matter, suspended solids, or potentially pathogenic microorganisms. However, if appropriately collected and handled, graywater can be safely reused for flushing toilets and urinals as well as irrigating certain trees and plants. Reuse of graywater reduces the demand on other sources of water, such as potable water, surface water, and groundwater.

Regulations & Other Information

Graywater reuse and disposal systems are regulated by DEQ under Oregon Administrative Rules (OAR) Chapter 340, Division 53, which establishes a policy that encourages graywater reuse while protecting public health safety and welfare; public water supplies; and waters of the state. The rules were based on the recommendations of the DEQ Graywater Advisory Committee.

The rules define three types of graywater (Type 1, Type 2 and Type 3), based on the level of treatment, and identify specific beneficial purposes, such as landscape irrigation, for each type of graywater. The rules also establish treatment and monitoring requirements, setbacks, access and exposure controls, and site management practices necessary to protect public health and the environment.

Fact Sheet: Rules on graywater reuse and disposal PDF
OAR Chapter 340, Division 053 - Graywater reuse and disposal system rules
Questions and Answers - Rules on graywater reuse and disposal systems PDF
House Bill 2080 PDF - Text of HB 2080 relating to graywater as signed by Governor Kulongoski.
Final Recommendations on Graywater Treatment, Disposal and Reuse - November 2010 PDF

Permitting

A person seeking to reuse graywater must first obtain a permit from the DEQ. Three different permits for graywater reuse and disposal systems will be available.

Tier 1 general permit (2401). A Tier 1 general permit will be available for single-family residences and duplexes that generate less than 300 gallons per day of Type 1 graywater and use it solely for subsurface irrigation of landscape plants or compost. A person will fill out the permit application, pay $90 ($50 new-permit application fee and $40 annual fee), and agree to follow the permit’s conditions. If the system owner submits an annual report to DEQ, the $40 annual fee will be waived most years.

Tier 2 general permit (2402). This general permit will be available for any structure that generates less than 1,200 gallons of Type 1 or Type 2 graywater per day. A person will fill out a new-permit application, pay $584 ($534 new-application fee and $50 annual fee), and submit required documentation to DEQ for review. DEQ will review the documentation and notify the applicant if coverage under the Tier 2 permit is granted.

Tier 3 individual permit. DEQ will issue an individual permit for any system ineligible for coverage under a Tier 1 or Tier 2 general permit as well as to anyone not wanting coverage under a general permit. Applying for a Tier 3 permit requires a new-permit application, the submission of fees and documentation, and possibly a Land Use Compatibility statement. DEQ will review the material and develop a permit with site-specific conditions. Tier 3 permits are subject to a 30-day public comment period. The cost of an individual permit will vary based on the size and complexity of the graywater reuse and disposal system. The new-permit application fee ranges between $613 and $3,948, and the annual compliance fee ranges between $341 and $817 for this permit.

DEQ expects to begin accepting permit applications for graywater reuse and disposal systems in Spring 2012.

Non-potable use of graywater within a structure for toilet and urinal flushing is regulated under the state plumbing code. Additional information on water conservation practices within a structure is available from the Building Codes Divisions of the Department of Consumer and Business Services.