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Depoe Bay council backs DEQ-approved Type 2 on-site systems for single-family homes on contested tract
Summary
After extended debate, the City Council adopted an interpretation and direction that on-site sewage for one-property builds on the tract must use DEQ-approved treatment-standard-2 systems (no untreated septic tank/drainfield), and property must hook up to city sewer when it becomes available.
DEPoe BAY, Ore. — The Depoe Bay City Council on Feb. 18 directed staff to interpret city code to allow alternative on-site sewage treatment only if systems meet Oregon Department of Environmental Quality (DEQ) treatment-standard-2 requirements and if properties are single-family homes; the council also required that properties must connect to city sewer when sewer access is legally and physically available.
The council’s action follows a multi-hour agenda discussion about a tract where sewer pipework was left incomplete by an earlier developer and where a prospective buyer had proposed building with on-site treatment. The council’s decision clarifies that a conventional septic tank/drainfield that discharges untreated effluent will not meet the city’s standard for allowing on-site systems in that location.
City engineer John (last name not specified in transcript), explaining the staff interpretation, said in the meeting that “the word thereafter really screws up that whole definition,” referring to ambiguous code language that city staff recommended be read to permit only alternative treatment technologies rather than a standard septic tank and drain field. Councilor Fran Smith proposed the specific formulation requiring DEQ-approved Type 2 systems and limiting the allowance to single-family homes; she said, “That’s what I would like to propose.” Prospective buyer Mike Plisek, who spoke at the meeting, told the council he hopes to “join your community” and asked what steps he should take after the council’s direction.
The council asked staff to continue to require DEQ approval of any alternative package system and to require payment of system-development fees when a property later ties into the municipal sewer. City staff and the council discussed the difference between the city code’s 250-foot language and a state rule that defaults to 300 feet for sewer availability; city engineer John advised the council that the city must apply the state’s 300-foot standard where state rules control.
Brady (last name not specified), representing public works concerns, noted geologic and well-proximity issues on the hillside tract and urged caution; council discussion included the city’s ability to impose conditions tied to permitting (for example, setbacks from wells). The council emphasized that Lincoln County and DEQ approvals are still required for any on-site system installation and that the council’s action was a local interpretation, not final county or state approval.
The motion as recorded in the meeting directed staff to treat on-site systems on the specific tract as allowable only if they are DEQ-approved alternative (treatment-standard-2) systems (i.e., systems that treat effluent to a higher standard before release), limited the allowance to a single-family home, required system-development fees on future hookup, and required mandatory hookup when sewer is available by state law. The motion was moved and seconded during the meeting; the council voted to approve the direction with the motion carrying (all present voted in favor in the recorded roll call vote).
How this affects property owners: Applicants still must apply to Lincoln County and to DEQ for any alternative treatment system permits; the city’s action changes the local code interpretation so that conventional septic tanks/drainfields would not be acceptable for the tract in question. Council members said the city engineer would verify that any proposed package system meets the same treatment standard that existing city-connected properties receive.
The council and staff repeatedly stressed that the city’s vote is a local policy direction and that county and state permitting remain necessary steps. The person who said they intended to buy the property was told to apply to Lincoln County for DEQ-permitted systems; staff indicated they would help ensure the applicant understands county and DEQ requirements.
The council closed the matter after the vote and advised the applicant to proceed through county permitting.
Ending: Council members asked staff to draft the formal language to reflect the agreed interpretation and to ensure the city attorney and county permitting staff review the final wording before it is published or used in approvals.
