From: ALDRICH Greg
Sent: Mon Sep 16 17:18:24 2013
To: (All DEQ) Executive Management Team; THOMPSON Michele; TARNOW Karen E; WILTSE Daniel; HARRIS Jim
Cc: KUCINSKI Michael; TROX Randall; CLIPPER Chris; VANDEHEY Maggie
Subject: Rulemaking - Onsite Update and Fees: Draft Public Notice Preview Closes Sep. 26, 2013
Importance: Low
EMT – I was going to bring this up at our roundtable this morning, but alas, we did not meet. So here is an email with the rulemaking details.
**Chapter 340, Divisions 018 and 071 Rulemaking Preview - Delete if not interested**
The rulemaking public notice packet is a major external deliverable in DEQ’s rulemaking process. On behalf of the rule design team, I thank all DEQ contributors to the notice packet. The packet has had the required reviews and signoffs including from the advisory committee, and DOJ.
No action is required on your part. However, we will consider your input on the packet if we receive it by close of business on Sep. 26, 2013. To offer input, contact Randy Trox, trox.randall@deq.state.or.us or 541-687-7338.
Title Onsite Update and Fees
Notice Packet The following documents are on SharePoint under the Preview category:
Invitation to Comment – 2-page fact sheet
Notice – information and analysis required by APA; Model Rules; DEQ statutes, rules and best practices; and federal regulations
Proposed Rules – redline/strikethrough
Proposal DEQ proposes the following changes to OAR 340, division numbers 018 and 071:
Amend
· Surcharge fee from $60 to $100
· Sewage disposal service license fees from $355 to $425 per year for a new license
· New and renewal licenses are subject to the surcharge fee
· $15 per truck for pumpers with two or more licensed trucks
· System evaluation requirements by private sector
· Annual reports and fees for alternative treatment technology product approvals
· Compliance recovery fees for violators
· Definition of maintenance to allow certified maintenance providers and installers to replace some components without a permit
Repeal
· Time of transfer evaluations for alternative treatment technology systems
· Evapotranspiration-absorption systems
· Site evaluation confirmations
Need DEQ fees are not keeping up with costs to with operate the program, despite not filling vacancies in Coos County and Clatsop County. Further cuts would further degrade service and further reduce office hours and locations to accept applications.
The 2009 Onsite Advisory Committee made several recommendations to improve the program, such as alternative treatment technology system product approval changes, ensuring ongoing operation and maintenance of newly permitted sand filter and pressurized distribution systems and other cost-recovery improvements.
Affected parties The proposed rules affect septic system users, applicants for a sewage disposal service license, product manufacturers, general public and local governments.
Staff engagement Regional staff made suggestions for some of the new fees. Several staff meetings focused on the fee increases that were in a restoration package to maintain the service levels in regional offices. Randy and Mike discussed non-fee rules with regional staff in meetings convened for that purpose. Management Services have been engaged on a preliminary basis on fees and managing the fee collection.
Authority The legislature approved new fees and fee increases in 2011 and 2013. The statute gives DEQ broad authority to regulate onsite service providers and administer the program.
Public comment Starts Oct. 01, 2013 Ends Oct. 18, 2013
EQC meeting Dec. 10 and 11, 2013
In closing, I want to again thank the entire team that is working on this rulemaking package, and especially Randy and Mike. It has not been an easy rulemaking as we have changed directions midstream. But great progress has been made and we are getting closer to the end.
Greg