Appeal Process

All staff decisions concerning septic systems may be appealed to the Department of Environmental Quality (DEQ). However, since there is a fee for these appeals, it is recommended that you first thoroughly discuss the reasons for your denial with a staff sanitarian.

You have the right to apply for a variance from the particular requirements of the rules or standards pertaining to the subsurface sewage disposal system for which you were given a denial. A variance may be given if the variance officer finds:
  • A subsurface sewage disposal system will function in a satisfactory manner so as not to create a public health hazard or cause pollution of the public waters of the State of Oregon.
  • Special physical conditions exist which render strict compliance unreasonable, burdensome or impractical.
Variance application forms can be obtained from the Subsurface Sanitation Program or from the local DEQ office.

NOTE: Before applying for a variance consider carefully whether the system will function satisfactorily. Denials based on extremely severe soil or topographical conditions will probably not be granted a variance. It is recommended that you discuss your variance potential thoroughly with the Subsurface Sanitation Program personnel before applying.