Department of Land Conservation and Development 
635 Capitol Street, Suite 150 
Salem, OR 9730 1-2540 
(503) 373-0050 
Fax (503) 378-5518 
w w w . lc d. s tat e. or. us 
NOTICE OF ADOPTED AMENDMENT 
11/23/2011 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM: Plan Amendment Program Specialist 
SUBJECT: City of Dunes City Plan Amendment 
DLCD File Number 001-11 
The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. 
Due to the size of amended material submitted, a complete copy has not been attached. A Copy of the 
adopted plan amendment is available for review at the DLCD office in Salem and the local government 
office. 
Appeal Procedures* 
DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Thursday, December 08, 2011 
This amendment was submitted to DLCD for review prior to adoption pursuant to ORS 197.830(2)(b) 
only persons who participated in the local government proceedings leading to adoption of the amendment 
are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). 
If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals 
(LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If 
you have questions, check with the local government to determine the appeal deadline. Copies of the 
notice of intent to appeal must be served upon the local government and others who received written notice 
of the final decision from the local government. The notice of intent to appeal must be served and filed in 
the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 
503-373-1265, if you have questions about appeal procedures. 
*NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local 
government. A decision may have been mailed to you on a different date than it was mailed to 
DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA 
Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged. 
Cc: Fred Hilden, City of Dunes City 
Angela Lazarean, DLCD Urban Planning Specialist 
Dave Perry, DLCD Regional Representative 
îBuA 
<paa> YA 
§ 2 DLCD 
Notice of Adoption 
This Form 2 must be mailed to DLCD within 5-Working Days after the Final 
Ordinance is signed by the public Official Designated by the jurisdiction 
and all other requirements of ORS 197.615 and OAR 660-018-000 
D 
A 
T 
S 
T 
A 
m 
P 
I 1 In person Q electronic Q mailed 
OEPT OF 
w i i s i w 
For Office Use Only 
Jurisdiction: Dunes City Local file number: Ordinance 211A 
Date of Adoption: 11/10/2011 Date Mailed: 11/17/2011 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? K l Yes • No Date: 11/7/2011 
Ö Comprehensive Plan Text Amendment • Comprehensive Plan Map Amendment 
K l Land Use Regulation Amendment • Zoning Map Amendment 
• New Land Use Regulation • Other: 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". 
Ordinance Number 211A repeals Ordinance Number 203 "Septic System Maintenance" from Title 15, Chapter 
157 of the land use code and directs the city to establish an educational program to ensure proper septic system 
maintenance. 
Does the Adoption differ from proposal? No, no explanation is necessary 
Plan Map Changed from: n/a to: n/a 
Zone Map Changed from: n/a to: n/a 
Location: n/a Acres Involved: 0 
Specify Density: Previous: n/a New: n/a 
Applicable statewide planning goals: 
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 
Was an Exception Adopted? • YES NO 
Did DLCD receive a Notice of Proposed Amendment... 
45-days prior to first evidentiary hearing? Yes • No 
If no, do the statewide planning goals apply? • Yes G No 
if no, did Emergency Circumstances require immediate adoption? • Yes Ö No 
DLCD File No. 001-11 (18963) [16829] 
DLCD file No. 
Please list all affected State or Federal Agencies, Local Governments or Special Districts: 
Oregon DEQ and Lane County 
Local Contact: Fred Hilden, City Recorder 
Address: P.O. Box 97 
City: Westlake Zip: 97439-
Phone: (541)997-3338 Extension: 
Fax Number: 541-997-5751 
E-mail Address: recorder@dunescityor.com 
ADOPTION SUBMITTAL REQUIREMENTS 
This Form 2 must be received by DLCD no later than 5 'working days after the ordinance has been signed by 
the public official designated by the jurisdiction to sign the approved ordinance(s) 
per ORS 197.615 and OAR Chapter 660. Division 18 
1. This Form 2 must be submitted by local jurisdictions only (not by applicant). 
2. When submitting the adopted amendment, please print a completed copy of Form 2 on light green 
paper if available. 
3. Send this Form 2 and one complete paper copy ("documents and maps) of the adopted amendment to the 
address below. 
4. Submittal of this Notice of Adoption must include the final signed ordinance(s), all supporting finding(s), 
exhibit(s) and any other supplementary information (ORS 197.615 ). 
5. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) by DLCD 
of the adoption (ORS 197.830 to 197.845 ). 
6. In addition to sending the Form 2 - Notice of Adoption to DLCD, please also remember to notify persons who 
participated in the local hearing and requested notice of the final decision. (ORS 197.615 ). 
7. Submit one complete paper copy via United States Postal Service, Common Carrier or Hand 
Carried to the DLCD Salem Office and stamped with the incoming date stamp. 
8. Please mail the adopted amendment packet to: 
9. Need More Copies? Please print forms on 8/4 -1/2x11 green paper only if a vailable. If you have any 
questions or would like assistance, please contact your DLCD regional representative or contact the DLCD 
Salem Office at (503) 373-0050 x238 or e-mail plan.amendments@,state.or.us. 
ATTENTION: PLAN AMENDMENT SPECIALIST 
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 
635 CAPITOL STREET NE, SUITE 150 
SALEM, OREGON 97301-2540 
http://www.oregon.gov/LCD/forms.shtml Updated April 22, 2011 
ORDINANCE NO. 211A 
AN ORDINANCE REPEALING ORDINANCE NO. 203 ENTITLED "SEPTIC SYSTEM 
MAINTENANCE" AND ESTABLISHING AN EDUCATIONAL PROGRAM TO 
ENSURE SEPTIC SYSTEM MAINTENANCE 
WHEREAS, the Dunes City Council adopted Ordinance No. 203, on January 14, 2010, 
which established Chapter 157 within the Dunes City Code of Ordinances entitled "Septic 
System Maintenance" and; 
WHEREAS, the Dunes City Council reviewed the maintenance, inspection and reporting 
requirements of Ordinance 203 and initiated amendments to the septic system maintenance 
standards; 
WHEREAS, the Dunes City Planning Commission held a public hearing on Ordinance 
Number 211A on October 27, 2011 after sending notice to all required parities; 
WHEREAS, the Dunes City Council held a public hearing on Ordinance Number 211A 
on November 10,2011, after receiving the Planning Commission's recommendation; 
WHEREAS, the Dunes City Council finds it is not in the best interests of Dunes City 
residents to establish mandatory septic inspections, evaluations or pumping; 
WHEREAS, the State of Oregon has reserved unto itself, unless it has entered into an 
agreement with one of its counties pursuant to ORS 454.725, jurisdiction over wastewater 
disposal systems in the State of Oregon; and 
WHEREAS, the State of Oregon has entered into an agreement pursuant to ORS 
454.725 with Lane County, Oregon, for the oversight of wastewater disposal systems in Lane 
County; 
WHEREAS, the Dunes City Council finds it is in the best interests of Dunes City 
residents to establish an educational program to ensure adequate septic system maintenance; 
WHEREAS, the Dunes City Council finds Ordinance Number 211A meets all applicable 
criteria of the Dunes City Code, Dunes City Comprehensive Plan and Oregon State Laws; 
NOW, THEREFORE, THE CITY OF DUNES CITY ORDAINS AS FOLLOWS: 
Section 1: Repeal. 
The repeal of Ordinance 203 shall not affect any action occurring before the repeal takes effect. 
Ordinance Number 203 is hereby repealed and replaced with an educational program for septic 
system maintenance, to be implemented within one year of adoption of this ordinance. 
Section 2: Findings of Fact. 
Ordinance No. 211A Page 1 of 2 
Dunes City adopts the findings of fact in Exhibit A as the basis for the decision to adopt this 
ordinance. 
Section 3: Effective Date. 
According to Dunes City's Charter, this ordinance will become effective 30 days after adoption. 
Passed at the second reading, placed on final passage, and adopted by the City Council of Dunes 
City, Oregon, on this 10th day of November, 2011. 
Ayes: 4 Nays: 2 Abstain: Absent: Vacant: 
ADOPTED BY THE DUNES CITY COUNCIL THIS 10th DAY OF NOVEMBER, 2011. 
ATTEST: 
Fred Hilden, City Recorder 
Ordinance No. 211A Page 2 of 2 
CITY COUNCIL FINDINGS OF FACT 
LEGISLATIVE TEXT AMENDMENTS 
SEPTIC SYSTEM MAINTENANCE REQUIREMENTS 
ORDINANCE NUMBER 211A 
City Council 
Public Hearing Date: November 10, 2011 ~ 7:00 pm 
Applicant: Initiated by Dunes City 
Proposal: Legislative Text Amendment to the Dunes City Code to Amend the City's Septic System Requirements 
Staff: Melissa Anderson, AICP, Contract Planner 
I. INTRODUCTION 
On March 09, 2006, the City Council of Dunes City adopted Ordinance No. 173, which established 
Chapter 157 within the Dunes City Code of Ordinances entitled "Septic System Maintenance." On 
January 14, 2010, the Dunes City Council amended Chapter 157 "Septic System Maintenance" by 
repealing Ordinance No. 173 and adopting Ordinance No. 203 to ensure adequate septic system 
maintenance, inspections and reporting to the city. 
After reviewing the existing standards for maintenance, inspections and reporting of septic systems, the 
city initiated amendments to the septic system maintenance requirements. Two alternatives were under 
consideration by the city and both proposals are legislative text amendments to Title 15 of the Dunes City 
Code of Ordinances by repealing Ordinance Number 203 entitled "Septic System Maintenance," and 
replacing it with an alternative program for septic system maintenance. 
The two options considered for an alternative septic maintenance program were presented as Ordinance 
Number 21 OA and Number 211 A. These two options are described below: 
Option #1) Ordinance Number 21 OA repeals Ordinance Number 203 and replaces it with new regulations 
to ensure proper septic system maintenance by adding a new Chapter 142 entitled "Septic 
System Maintenance" in Title 14 of the Dunes City Code of Ordinances; and 
Option #2) Ordinance Number 211A repeals Ordinance Number 203 and establishes an educational 
program to ensure proper septic system maintenance. 
On October 27, 2011, the Planning Commission held a public hearing on the proposed ordinances and 
deliberated to a decision that night. The Planning Commission recommended the City Council adopt both 
Ordinance Number 21 OA and 211 A. 
On November 10, 2011, the City Council held a public hearing on the proposed ordinances, deliberated to 
a decision that night and adopted Ordinance Number 211 A, repealing Ordinance Number 203 and 
establishing an educational program to ensure septic system maintenance. 
Dunes City Council Findings of Fact 
11/10/2011 
Exhibit A: Ordinance Number 211A 
Page 1 of 9 
IL NOTICE AND REFERRALS : 
Public Notice: Prior to the Planning Commission and City Council public hearings, notice was mailed 
directly to all property owners within Dunes City on September 28, 2011, and a notice was published in 
the Siuslaw News on October 8, 2011 and on October 26, 2011. The public notices stated the nature of the 
proposals, how to participate and the date, time and location of the public hearings as required by state 
law and the city code. Prior to the Planning Commission public hearing of October 19, 2011 one comment 
had been received in favor of retaining Ordinance No. 203, which is included in the exhibits. At the 
Planning Commission public hearing on October 27, 2011, written testimony was submitted into the 
record and these comments are included in the exhibits. At the City Council public hearing on November 
10, 2011, additional written testimony was received, submitted into the record and these comments are 
included in the exhibits. 
Agency and Organization Referrals: Notice of the proposed code amendments were sent to the 
Department of Land Conservation and Development (DLCD) on September 7, 2011 not less than 45 days 
prior to the first evidentiary hearing of October 27, 2011, as required by State law. 
On October 3, 2011, referrals were sent to the Dunes City Building Official, Lane County Sanitation 
Department, the Oregon Department of Environmental Quality and the DLCD Regional Representative 
notifying them of the proposed amendments, public hearing dates and requesting comments. On October 
7, 2011, the Lane County Sanitation Department and the Building Department LLC responded stating 
they had no comments on the proposed amendments. 
III. APPLICABLE CRITERIA 
The proposed amendment is a legislative amendment to the Dunes City Code and the following criteria 
apply to this matter. 
• Dunes City Code of Ordinances, Title 15 Land Usage, Chapter 155 Zoning and Development, 
Section 155.4 Applications and Review Procedures, Subsection 155.4.1.7 Type IV Procedure 
(Legislative) 
• Dunes City Comprehensive Plan Elements: Citizen Involvement, Land Use, and Air, Land and 
Water Quality 
• Oregon Revised Statutes (ORS) 197.610 Local government notice of proposed amendment or new 
regulation; exceptions; report to commission. 
• ORS 227.186 Notice to property owners of hearing on certain zone change; form of notice; 
exceptions; reimbursement of cost. 
IV. REVIEW OF APPLICABLE CRITERIA 
Dunes City Code (DCC) Chapter 155 - Zoning and Development 
155.4 Applications and Review Procedures 
155.4.1.7 Type IV Procedure (Legislative) 
B. Notice of Hearing. 
1. A minimum of two hearings, one before the Planning Commission and one before the City 
Council, are required for all Type TV applications submitted to the City. 
Dunes City Council Findings of Fact 
11/10/2011 
Exhibit A: Ordinance Number 211A 
Page 2 of 9 
Finding: The proposals are consistent with this criterion because two hearings were conducted before 
a final decision was made. A public hearing was conducted before the Planning Commission and a 
public hearing was conducted before the City Council prior to making a final decision. This criterion 
is met. 
2. The Planning Secretary shall give notice of public hearings for the request in the following 
manner: 
a. At least 20 days, but not more than 40 days, before the date of the first hearing on an 
ordinance that proposes to amend the Comprehensive Plan or any element thereof, or to 
adopt an ordinance that proposes to rezone property, a notice shall be prepared in 
conformance with ORS 227.175 and mailed to: 
1. Each owner whose property would be rezoned in order to implement the ordinance; 
2. Any affected governmental agency. 
3. Recognized neighborhood groups or associations affected by the ordinance; 
4. Any person who requests notice in writing; 
5. For a rezone affecting a manufactured home or recreational vehicle park, all mailing 
addresses within the park. 
Finding: The proposals are consistent with this criterion because a public notice was mailed to all 
property owners in Dunes City, affected government agencies and neighborhood groups and 
anyone requesting a notice on September 28, 2011, at least 20 days and not more than 40 days 
before the first public hearing before the Planning Commission on October 27, 2011. This 
criterion is met. 
b. At least 14 days before the scheduled Planning Commission public hearing date, and 14 
days before the City Council hearing date, notice shall be published in a newspaper of 
general circulation in the City. 
Finding: The proposals are consistent with this criterion because at least 14 days before the 
Planning Commission public hearing on October 27, 2011, a notice was published in the Siuslaw 
News on October 8, 2011. Additionally, at least 14 days before the City Council public hearing on 
November 10, 2011, a notice was published in the Siuslaw News on October 26, 2011.This 
criterion is met. 
c. The Planning Secretary shall: 
1. For each mailing of notice provided in Subsection B.2. above, file an affidavit of 
mailing in the record; and 
2. For each published notice provided in Subsection B.2. above, file an affidavit of 
publication in the record; 
Finding: The proposals are consistent with this criterion because an affidavit of mailing and 
publication were filed into the record. This criterion is met. 
d. The Department of Land Conservation and Development (DLCD) shall be notified in 
writing of proposed Comprehensive Plan and development code amendments at least 45 
days before the first public hearing at which public testimony or new evidence will be 
received. 
Dunes City Council Findings of Fact 
11/10/2011 
Exhibit A: Ordinance Number 211A 
Page 3 of 9 
Finding: The proposals are consistent with this criterion because a notice was sent to DLCD on 
September 7, 2011, at least 45 days prior to the first evidentiary hearing with the Planning 
Commission on October 27, 2011. This criterion is met. 
155.4.1.7 Type IV Procedure (Legislative) 
E. Decision-Making Considerations. The recommendation by the Planning Commission and the 
decision by the City Council shall be based on consideration of the following factors: 
1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised 
Statutes Chapter 197 (for Comprehensive Plan amendments only); 
Finding: This criterion does not apply because the proposals are not comprehensive plan 
amendments. 
2. Comments from any applicable federal or state agencies regarding applicable statutes 
or regulations; 
Finding: The proposals are consistent with this criterion because referrals were sent to the Lane 
County Sanitation Department, the Oregon Department of Environmental Quality and to DLCD 
notifying them of the proposed amendments and requesting comments. In response, on October 7, 
2011 Lane County Sanitation Department stated they had no comments on the proposed 
amendments. This criterion is met. 
3. Any applicable intergovernmental agreements; and 
Finding: The proposals are consistent with this criterion because there are no intergovernmental 
agreements that are applicable to this matter. This criterion is met. 
4. Any applicable Comprehensive Plan policies and provisions of this Code that 
implement the Comprehensive Plan. Compliance with Section 155.4.7 shall be 
required for Comprehensive Plan amendment, and Master Road Plan amendment. 
Finding: The proposals are consistent with this criterion because applicable Comprehensive Plan 
Policies are addressed in the following section and these findings are incorporated herein. 
Additionally, applicable provisions of the Dunes City Code are addressed for consistency in this 
report. Lastly, Section 155.4.7 of the Dunes City Code is not applicable because the proposals do 
not amend the Comprehensive Plan Map or the Master Road Plan. This criterion is met. 
DUNES CITY COMPREHENSIVE PLAN 
Citizen Involvement and Land Use Planning 
Policy Al. Citizens involvement Dunes City's citizens involvement program shall insure that the 
citizens of Dunes City have the opportunity to be involved in all phases of the planning process. 
The citizens involvement program shall incorporate the following components: 
1. Citizen Involvement; to provide for widespread citizen involvement. 
2. Communication; to assure effective two-way communication with citizens. 
Dunes City Council Findings of Fact 
11/10/2011 
Exhibit A: Ordinance Number 211A 
Page 4 of 9 
3. Citizen Influence; to provide the opportunity for citizens to be involved in all phases of the 
planning process. 
4. Technical Information; to assure that technical information is available in an understandable 
form. 
Finding: The proposals are consistent with these policies because citizens have been provided 
opportunities to be involved in all phases of the planning process. Public notice was mailed to all property 
owners and published in the Siuslaw News, notifying the public of the proposed code amendments and 
how to participate in the public hearing before the Planning Commission and City Council. The 
information contained in proposed Ordinance No. 21 OA and 211A was available to the public prior to the 
hearings. Citizens were provided an opportunity to provide testimony before and during each public 
hearing. Widespread public involvement was solicited and provided for through all phases of the planning 
process. These criteria are met. 
Land Use and Urbanization 
Policy A12. Dunes City shall coordinate land use decisions where needed with Lane County, 
Douglas County, the Oregon Dunes National Recreation Area, Oregon State Parks, Oregon 
Department of Transportation, Oregon Department of Fish and Wildlife, The Oregon Department 
of Forestry, and other local, state and federal agencies. 
Finding: The proposals are consistent with these policies because referrals were sent to affected local and 
state agencies in order to coordinate the proposed land use decision. Dunes City sent referrals to the 
Dunes City Building Official, Lane County Sanitation Department, Oregon Department of Environmental 
Quality and the Department of Land Conservation notifying them of the proposed amendments, public 
hearing dates and requesting their comments. A response from Lane County Sanitation and the Building 
Department LLC (the Dunes City Building Official) were received stating they had no comment on the 
proposals. This criterion is met. 
Open Space, Scenic Areas, and Natural Resources 
Lakes Policies 
Policy B8. Dunes City shall strive to maintain the high water quality of Siltcoos and Woahink Lakes 
through monitoring recreation use, commercial and industrial use, and run-off of septic tank effluent. 
A Water Quality Control Committee will be formed to examine problems with water quality. 
Finding: The proposals are consistent with this policy because no correlation has been established 
between septic system effluent and the water quality of Siltcoos and Woahink Lakes. Samples have been 
collected from Siltcoos and Woahink Lakes; however, there has been no correlation established between 
water quality and erosion or septic system effluent. To address the maintenance of septic systems, the 
proposals improve upon the existing code requirements for septic system maintenance for the benefit of 
all residents in Dunes City. This criterion is met. 
Air, Land and Water Quality 
General Policies 
Dunes City Council Findings of Fact 
11/10/2011 
Exhibit A: Ordinance Number 211A 
Page 5 of 9 
Policy El. The city shall strive to preserve the quality of the land, air, and water resources in the 
city. 
Finding: The proposals are consistent with this policy because they are consistent with the septic system 
requirements established by DEQ and administered by Lane County. These regulations ensure adequate 
sewage disposal systems are provided, which preserve the quality of land and water resources in the city. 
Further, samples have been collected from Siltcoos and Woahink Lakes; however, there has been no 
correlation established between water quality and erosion or septic system effluent. To address the 
maintenance of septic systems, the proposals improve upon the existing code requirements for septic 
system maintenance for the benefit of all residents in Dunes City. This criterion is met. 
Policy E2. All development in the city shall comply with DEQ's applicable air and water quality 
standards and noise control standards. 
Finding: The proposals are consistent with this policy because they are consistent with the septic system 
requirements established by DEQ and administered by Lane County, which ensure adequate sewage 
disposal systems are provided. This criterion is met. 
Policy E3. Waste discharges from future facilities shall not exceed the carrying capacity nor 
degrade the quality of the land, air, and water resources. 
Finding: The proposals are consistent with this policy because they are consistent with the septic system 
requirements established by DEQ and administered by Lane County. These regulations ensure adequate 
sewage disposal systems are provided, which ensure waste discharges from future facilities do not exceed 
the carrying capacity nor degrade the quality of the land and water resources in the city. Further, samples 
have been collected from Siltcoos and Woahink Lakes; however, there has been no correlation established 
between water quality and erosion or septic system effluent. To address the maintenance of septic 
systems, the proposals improve upon the existing code requirements for septic system maintenance for the 
benefit of all residents in Dunes City. This criterion is met. 
Policy E4. Regulations involving land, air, and water resources of the city shall be based upon long-
term capabilities of the available natural resources to both support economic activity and absorb 
the future, resulting man-made pollutants. 
Finding: The proposals are consistent with this policy because they are consistent with the septic system 
regulations established by DEQ and administered by Lane County. These regulations ensure adequate 
sewage disposal systems are provided, which ensure the long-term capabilities of the available natural 
resources are preserved. Further, samples have been collected from Siltcoos and Woahink Lakes; 
however, there has been no correlation established between water quality and erosion or septic system 
effluent. To address the maintenance of septic systems, the proposals improve upon the existing code 
requirements for septic system maintenance for the benefit of all residents in Dunes City. This criterion is 
met 
Sewage Systems Policies 
Policy E5. The city shall cooperate with the Department of Environmental Quality to ensure 
compliance with disposal system requirements. 
Dunes City Council Findings of Fact 
11/10/2011 
Exhibit A: Ordinance Number 211A 
Page 6 of 9 
Finding: The proposals are consistent with this policy because Dunes City adheres to sewage disposal 
system requirements, as established by the Oregon Department of Environmental Quality (DEQ) and 
administered by Lane County. Installation of new septic systems and modifications to existing septic 
systems are reviewed, inspected and approved through the Lane County Sanitation Department. The 
Dunes City Building Official and building permit process coordinates with the Lane County Sanitation 
Department to ensure sewage disposal system requirements are reviewed and implemented according to 
state requirements. 
To ensure coordination with appropriate agencies, referrals were sent to the Dunes City Building Official, 
Lane County Sanitation Department, DEQ and to DLCD notifying them of the proposed amendments, 
public hearing dates and requesting comments. In response, the Lane County Sanitation Department and 
the Building Department LLC responded stating they had no comments on the proposed amendments. 
This criterion is met. 
Policy E6. The city shall adopt a program to improve maintenance of septic systems for the benefit of 
all residents. 
Finding: The proposals are consistent with this policy because the proposal improves upon the existing 
code requirements to address maintenance of septic systems for the benefit of all residents in Dunes City. 
Dunes City found that the existing requirements for mandatory septic system pumping does not benefit all 
of the residents and therefore initiated text amendments to the code to improve upon the existing program. 
To ensure that the proposals are consistent with the maintenance requirements established by the Oregon 
Department of Environmental Quality and administered by Lane County, referrals were sent to the Dunes 
City Building Official, Lane County Sanitation Department, DEQ and to DLCD notifying them of the 
proposed amendments. In response, the Lane County Sanitation Department and the Building Department 
LLC responded stating they had no comments on the proposed amendments. This criterion is met. 
Commercial Land Use 
Commercial Policies 
Policy 1-10. Commercial properties shall have adequate sewage disposal systems and be in harmony 
with their natural surroundings. 
Finding: The proposals are consistent with this policy because they are consistent with the septic system 
requirements established by DEQ and administered by Lane County, which ensure adequate sewage 
disposal systems for commercial properties. This criterion is met. 
OREGON REVISED STATUTES (ORS) 
ORS 197.610: Local Government Notice of Proposed Amendment or New Regulation; Exceptions; 
Report to Commission. 
197.610(1) A proposal to amend a local government acknowledged comprehensive plan or 
land use regulation or to adopt a new land use regulation shall be forwarded to the Director of the 
Department of Land Conservation and Development at least 45 days before the first evidentiary 
hearing on adoption. The proposal forwarded shall contain the text and any supplemental 
information that the local government believes is necessary to inform the director as to the effect of 
the proposal. The notice shall include the date set for the first evidentiary hearing. 
Dunes City Council Findings of Fact 
11/10/2011 
Exhibit A: Ordinance Number 211A 
Page 7 of 9 
Finding: The proposals are consistent with criterion because a notice was sent to DLCD on September 7, 
2011, at least 45 days prior to the first evidentiary hearing with the Planning Commission on October 27, 
2011. This criterion is met. 
ORS 227.186: Notice to property owners of hearing on certain zone change; form of notice; 
exceptions; reimbursement of cost. 
227.186(1) As used in this section, "owner" means the owner of the title to real property or 
the contract purchaser of real property, of record as shown on the last available complete tax 
assessment roll. 
(2) All legislative acts relating to comprehensive plans, land use planning or zoning adopted 
by a city shall be by ordinance. 
(3) Except as provided in subsection (6) of this section, at least 20 days but not more than 40 
days before the date of the first hearing on an ordinance that proposes to amend an existing 
comprehensive plan or any element thereof, or to adopt a new comprehensive plan, a city shall 
cause a written individual notice of a land use change to be mailed to each owner whose property 
would have to be rezoned in order to comply with the amended or new comprehensive plan if the 
ordinance becomes effective. 
(4) At least 20 days but not more than 40 days before the date of the first hearing on an 
ordinance that proposes to rezone property, a city shall cause a written individual notice of a land 
use change to be mailed to the owner of each lot or parcel of property that the ordinance proposes 
to rezone. 
(5) An additional individual notice of land use change required by subsection (3) or (4) of 
this section shall be approved by the city and shall describe in detail how the proposed ordinance 
would affect the use of the property. The notice shall: 
(a) Contain substantially the following language in boldfaced type across the top of the face page 
extending from the left margin to the right margin: 
This is to notify you that (city) has proposed a land use regulation that may affect the 
permissible uses of your property and other properties. 
(b) Contain substantially the following language in the body of the notice: 
On (date of public hearing), (city) will hold a public hearing regarding the adoption of 
Ordinance Number . The (city) has determined that adoption of this ordinance may affect 
the permissible uses of your property, and other properties in the affected zone, and may change 
the value of your property. Ordinance Number is available for inspection at the 
City Hall located at . A copy of Ordinance Number also is available for 
purchase at a cost of . For additional information concerning Ordinance Number , 
you may call the (city) Planning Department at - . 
Finding: The proposals are consistent with this criterion because a measure 56 public notice was sent 
directly to all property owners within Dunes City in accordance with ORS 227.186. The public notice was 
mailed on September 28, 2011, at least 20 days but not more than 40 days before the date of the first 
hearing of October 27, 2011. The required information stated in the statute was included in the notice. 
This criterion is met. 
Dunes City Council Findings of Fact 
11/10/2011 
Exhibit A: Ordinance Number 211A 
Page 8 of 9 
V. CONCLUSION 
The proposal to amend the Dunes City Code, by repealing Ordinance Number 203 Entitled "Septic System 
Maintenance" and replacing it with an alternative program for septic system maintenance as presented in 
Ordinance Number 211A meets all applicable criteria of the Dunes City Code, Dunes City 
Comprehensive Plan and Oregon State Laws. 
VI. EXHIBITS 
A. [.Findings of Fact] 
B. Response from Lane County S anitation Department ( 10/07/11) 
C. Response from Building Department LLC (10/07/11 ) 
D. Comment from Craig McMicken (10/01/11) 
E. Comment from Jamie Mills, Chairman of the Dunes City Water Quality Committee (10/21/11 ) 
F. Comment from Cameron La Follette, Oregon Coast Alliance (10/26/11 ) 
G. Comment from John A. Maciolek (10/27/11 ) 
H. Planning Commission Findings and Recommendation to Council 
I. Comment from Owen Goodrich (11/3/11) 
J. Comment from Liz Purtell (11/7/11) 
K. Comment from Cameron La Follette, Oregon Coast Alliance (11/9/11) 
L. Comment from Gail Nichols (11/9/11) 
M. Comment from Jerry Curran - Siuslaw Newspaper Editorial (11/9/11) 
N. Comment from Dan & Sue Scarberry (11/10/11) 
O. Comment from Peter Howison (11/10/11) 
P. Home Sewage Treatment Workshop Memo, Univ. of Minnesota, 1981 
from Rand Dawson (submitted 11/10/11) 
Q. Comment from Del & Barbara Riesenhuber (11/10/11) 
R. Comment from Woahink Lake Association ( submitted 11/10/11) 
S. Comment from John Stead (11/10/11) 
T. Comment from April Dumas (11/10/11) 
U. Comment from Dunes City Council President Jamie Mills (11/10/11) 
Dunes City Council Findings of Fact 
11/10/2011 
Exhibit A: Ordinance Number 211A 
Page 9 of 9 
Dunes City Recorder 
From: EHLERS George [George.EHLERS@co.Iane.or.us] 
Sent: Friday, October 07, 2011 10:55 AM 
To: Dunes City Recorder 
Subject: RE: Request for Comment 
Lane County does not wish to comment. 
Thank you, 
George Ehlers 
541-682-3752 
From: Dunes City Recorder [mailto:recorder@dunescityor.com] 
S e n t : Thursday, October 06, 2011 4:26 PM 
Toj Charlcie Kaylor; EHLERS George; PERRY Dave (OR); Chuck Costanzo 
Subject: Request for Comment 
Good afternoon, 
Attached is a letter requesting comment on Dunes City's proposed septic ordinances. I have also 
attached the two proposed ordinances for your review. They are also available on the City's web 
site at www. dunes city, com. 
Thank you for your time! 
Best regards, 
pned^Mm 
City Recorder 
City of Dunes City 
(541) 997-3338 Fax (541) 997-5751 
PUBLIC RECORDS LAW DISCLOSURE: This e-mail is subject to the State Retention Schedule and may be made available to the public. 
CONFIDENTIALITY NOTICE: This message is intended solely for the use of the individual and entity to whom it is addressed, and may contain 
information that is privileged, confidential, and exempt from disclosure under applicable state and federal laws. If you are not the addressee, or 
are not authorized to receive information for the intended addressee, you are hereby notified that you may not use, copy, distribute, or disclose to 
anyone this message or the information contained herein. If you have received this message in error, please advise the sender immediately by 
reply email and expunge this message. Thank you. 
10/27/2011 
FXhiW te 
Dunes City Recorder 
From: 
Sent: 
To: 
Subject: 
charlcie@mortierengineering.com 
Friday, October 07, 2011 9:16 AM 
Dunes City Recorder 
Re: Request for Comment 
This doesn't touch on our authority but it is a laudable pursuit and looks to be exhaustive in administration. 
Kudos to whomever put this together. 
I don't envy keeping track of who, where, and when notification process. 
Onward. 
Charlcie Kaylor, Building Official 
Manager City/County Services 
The Building Department, LLC 
144 East 14th, Eugene, OR 97401 
541-484-9043 - office 
541-684-3590 - desk 
Original Message 
From: "Dunes City Recorder" <recorder@dunescityor.com> 
To: "Charlcie Kaylor" <charlcie@thebldgdept.com>, "George Ehlers" <george. ehlers @co.lane, or .us>, "Dave 
Peny" <dave.perry@state.or.us>, "Chuck Costanzo" <Costanzo.chuck@deq.state.or.us> 
Sent: Thursday, October 6, 2011 4:26:25 PM 
Subject: Request for Comment 
Good afternoon, 
Attached is a letter requesting comment on Dunes City's proposed septic ordinances. I have also attached the 
two proposed ordinances for your review. They are also available on the City's web site at www.dunescity.com . 
Thank you for your time! 
Best regards, 
Fred Hilden 
l 
i-yhlh&C 
Craig McMick en 
5405 H u c t l e t er ry Lane 
Florence, Oregon 97439-8429 
. - e ; 
WJU . 
ehW ßMzd^gt^ 
. 1 U - . T è i 
A ,. \ 
R E C & V ' - -
OCT 0 3 201! 
PUMES CiT'ï 
M E M O R A N D U M 
TO: DUNES CITY COUNCIL AND 
DUNES CITY PLANNING COMMISSION 
FROM: DUNES CITY WATER QUALITY COMMITTEE 
RE: PROPOSED ORDINANCES NOS. 210A & 211A 
DATE: OCTOBER 21, 2011 
At its October 19, 2011 meeting, the Dunes City Water Quality Committee adopted 
the following recommendation regarding the proposed septic ordinances numbers 
21 OA and 211A: 
The Water Quality Committee recommends that consideration of Ordinances 210A 
and 2IIA be tabled and that Ordinance 203 continue beyond the compliance 
deadline, at which time the committee urges that a comprehensive evaluation of the 
effectiveness of 203 be completed. 
Respectfully submitted, 
Jamie Mills, Chairman 
Water Quality Committee 
fc~xiiib if" E-
O R C A : Oregon Coast Alliance 
P.O.Box 5464, Charleston OR 97420 
(503) 391 -0210 http://www.oregoncoastalliance.org 
Protecting the Oregon Coast 
Dunes City Planning Commission 
P.O. Box 97 
Westlake, OR 97493 
October 26, 2011 
Re: Proposed Dunes City Ordinances 210a and 21 la 
Sent via electronic mail 
Dear Planning Commission members, 
Oregon Coast Alliance is an Oregon non-profit corporation whose mission is to protect 
and restore coastal natural resources, and work with coastal residents for sustainable 
communities. We write this testimony on our own behalf and our members' behalf. 
Dunes City on January 14, 2010 enacted Ordinance 203, entitled "Septic System 
Maintenance." This created Chapter 157 in the Dunes City ordinance code. Dunes City 
considered Ordinances 210 and 211 earlier this year, and ORCA provided testimony in 
opposition to both proposals. 
The Planning Commission is currently considering Ordinances 210a and 211a, which 
would also repeal Ordinance 203 directly or render it ineffective, thus ending Dunes 
City's proactive septic maintenance program. The reason for Ordinance 203 is simple: 
many Dunes City residents live in the vicinity of Woahink and/or Siltcoos Lakes, and the 
majority of Dunes City residents use Woahink Lake, Siltcoos Lake, Little Woahink Lake, 
Woahink Creek and/or the Siltcoos River as their source of drinking water. Dunes City 
has a water right for Woahink Lake, and provides permits to residents who apply for 
water use; other residents obtain water from nearby sources as listed above, or from 
wells. All these sources are vulnerable to contamination from failing septic systems. 
Woahink, Little Woahink, Siltcoos Lakes and their tributaries are all near one another, 
and hydrologically connected in the manner well understood in dunal lake ecosystems. 
Sandy soils are porous. Therefore, to protect against contamination of the drinking water 
supply, the City enacted Ordinance 203. Oregon Coast Alliance notes that there have 
been at least two Public Health Advisories listed for Siltcoos Lake in the recent past, in 
September 2007 and October 2008. It is simply good policy to have a drinking water 
ordinance in place that requires prudent care of septic systems in the area, as any 
c k h i M - F 
overflow, leakage or failure would seep into one or another of the connected lakes, or 
their tributaries, and very easily foul the drinking water supply. 
Oregon Coast Alliance opposes both Ordinance 210a and Ordinance 211a, for several 
reasons. First, we reiterate our opposition as laid out in August 2011 testimony to the 
Dunes City City Council concerning proposed Ordinances 210 and 211. None of those 
reasons have changed or lost their value in the public policy debate over septic 
maintenance. Proposed Ordinance 210a has not been changed from the earlier proposed 
Ordinance 210. However, Ordinance 211a has been substantially changed, so we add a 
discussion of the most recent amendments. 
Ordinance 211a Cannot Fulfill Requirements with an Educational Program 
Ordinance 211a would repeal existing ordinance 203 and replace it with an educational 
program for septic system maintenance, to be implemented within one year of adoption. 
The proposal contains no further language, guiding principles, standards or criteria other 
than this one line concerning the nature of the educational program. The "Whereas" 
clauses remain the same, except that a new one has been added, which states: "Whereas it 
is in the best interests of Dunes City residents to establish an educational program to 
ensure adequate septic system maintenance..." 
This shift to repeal of Ordinance 203 by replacing it with education is patently a means of 
softening the blow of the repeal. However, it addresses none of the objections to the 
repeal, nor meets the requirements of Policy E6 of the Dunes City Comprehensive Plan. 
There is certainly nothing wrong with an educational program; it would be appropriate 
and helpful to implement such a program as regards septic maintenance. However, it 
would not, and cannot by its nature, fulfill the Comp Plan requirement for septic 
maintenance. This is especially noteworthy because the 21 la language makes no 
guarantee, or even effort, to show that there is any relationship at all between the 
educational program and actual septic maintenance, nor any showing of how such a 
connection might be made. It merely asserts in the "Whereas" clause that an educational 
program will "ensure" adequate maintenance. Such an empty statement, with no 
relationship designed to bridge education and septic maintenance, is valueless for the 
purpose it purports to fulfill. 
In considering the impact of an educational program, we should also contemplate Dunes 
City's resources. An educational program costs money that the City may not have 
available. Any educational program, to be effective, requires at least: (1) implementing 
ordinance(s) specifying the nature of the program, the City department(s) responsible for 
it, the lines of authority in oversight of it, and so on; (2) city staff to implement the 
program, or at least to oversee the volunteers implementing it; (3) educational materials 
such as brochures, fliers, booklets, etc.; (4) money for the costs of the program. The 
history of Dunes City's educational programs shows that they are often volunteer-led, 
small scale and sometimes recreational in orientation. This admirably suits some 
educational programs, but not one purporting to take the place of mandatory septic 
maintenance. 
Since proposed ordinance 211a contains no language whatsoever concerning the actual 
working of an educational program, we are left in doubt as to the effective and 
comprehensive nature of it, if it ever gets underway. 
There appear to have been some problems implementing Ordinance 203, especially in 
maintaining proper records and ensuring that all residents have access to septic 
information and a list of inspectors. However, these are the normal problems one might 
expect in implementing a new program; they are not a reason to repeal it. The best 
educational materials available to Dunes City will be the reports and results of the septic 
inspections required by the current law: Dunes City Code sec. 157.060( C)(5) requires 
every owner by March 2012 to submit to the City an inspection report, mapping and 
pumping of all septic systems on their property. It would be most unwise of Dunes City 
to repeal Ordinance 203 prior to even having fully implemented its requirements - among 
other things, such an action would make clear the City's unwillingness to follow its own 
acknowledged Comprehensive Plan. 
With the information available as of March 2012, Dunes City could perhaps compile 
information similar to that completed by the South Coast Watershed Council and others 
in the Port Orford area for Garrison Lake. Garrison Lake is bordered by many buildings 
using septic systems, and has had nutrient-loading increases that may be caused by septic 
problems. The Watershed Council and colleagues (such as the Garrison Lake Restoration 
Committee) compiled data and a map showing the age and inspection status of all 
buildings around the Lake. The Garrison Lake map is an attachment to this testimony. 
The Garrison Lake information makes it clear that maintaining water quality in coastal 
lakes is a fairly common problem, but resources exist to pinpoint the issue and address it 
effectively. Dunes City is in an excellent position, because it already has a mandatory 
septic maintenance ordinance. A combination of mandatory pumping, inspection, 
accurate record-keeping and education is probably the best solution to maintaining the 
water quality of Woahink, Little Woahink and Siltcoos Lakes so essential to Dunes City 
residents. A vague mandate for "an educational program" will not fulfill Dunes City's 
Comprehensive Plan requirements for septic maintenance, nor provide the means for 
sustaining the necessary water quality level in the lakes. 
Dunes City is Fulfilling a Critical Need for Septic Oversight 
Ordinance 211a states, "The State of Oregon has reserved unto itself, unless it has entered 
into an agreement with one of its counties pursuant to ORS 454.725, jurisdiction over 
wastewater disposal systems in the state of Oregon..." and continues by noting that the 
State has entered into such an agreement with Lane County for the oversight of waste 
disposal systems. 
Ordinance 211a fails to note that the Department of Environmental Quality (DEQ)'s rules 
also require that the owner of an on-site wastewater treatment system maintain that 
system in working order. OAR 340-071-120(2). The county, as agent for DEQ, is 
prohibited from allowing any system to operate in contravention of DEQ rules or 
otherwise discharge untreated wastewater into ground, surface or public waters. OAR 
340-071-130(1-4). Owners must at all times maintain and operate their systems in 
accordance with DEQ rules. OAR 340-071-130(13). 
Oregon permits local ordinances to be enacted which are stricter than state law, if the 
ordinance follows the requirements in state law. Nothing in Oregon statute prohibits a 
municipality from proactively enacting legislation to require inspection, evaluation and 
pumping of septic systems. The only matter pre-empted by the State of Oregon or Lane 
County is the authority to permit new wastewater treatment systems. There is no pre-
emption of maintenance of existing septic systems. 
OAR 340-071-0120 specifically authorizes DEQ to enter into agreements with local 
governments, which then authorizes the local entity to become DEQ's agent in permitting 
onsite wastewater systems. The purpose of this Rule is to protect public waters from 
public health hazards. However, this power does not eliminate the power of 
municipalities to pass an ordinance stricter than DEQ or a delegated County may have for 
wastewater inspection and evaluation. On the contrary, OAR 340-071-0130 lists the 
responsibilities of a local agent, and enumerates the responsibilities and prohibitions of 
"any person" with respect to wastewater. Given that such requirements are mandatory, it 
is perfectly in accordance with the law that Dunes City enact a septic evaluation and 
maintenance ordinance. It essentially implements the requirements of OAR 340-071-
0130 that neither Lane County nor DEQ has the staff or resources to undertake. 
Existing systems are subject to review at any time under DEQ statutes. "Any person" 
may request such a review on any system. OAR 340-071-155. DEQ or the agent must 
produce a report on the system including any evidence that the system may be 
malfunctioning. A failing system must be immediately repaired. OAR 340-071-215(1). 
Needed repairs must go through the same application process as for initial systems, and 
are subject to the same approval criteria. OAR 340-071-160(2). Before the system can be 
put back into use, the repairs must qualify for a "Certifícate of Satisfactory Completion" 
just the same as new systems. If a failing system cannot be repaired, it must be 
decommissioned. OAR 340-071-185. Dunes City's ordinance is thus fulfilling state law 
requirements in an appropriate and extremely necessary manner; it is far preferable to 
require regular septic maintenance and pumping than for DEQ or its agent to step in only 
at the time of septic failure, when damage has already occurred. 
DEQ does require a permit renewal every few years, but it does not require a septic 
owner to demonstrate whether the system is failing or is working well. The owner need 
only demonstrate that the septic system in use has not been changed to another kind or 
size. Thus, Dunes City's ordinance fills a critical gap: neither DEQ nor Lane County has 
an active program of septic maintenance and oversight. 
The Dunes City Comprehensive Plan Requires a Septic Ordinance 
Under the land use laws, Ordinance 203 likely qualifies as a "second-level" land use 
ordinance. ORS 197.015 (11) defines "land use regulation" as, among other things, 
"any...land division ordinance adopted under ORS 92.044...or similar general ordinance 
establishing standards for implementing a comprehensive plan." Let us then turn to ORS 
92.044 (l)(b), the standards governing approval of plats and plans, which requires taking 
into consideration the location and surrounding area of a subdivision or partition. ORS 
92.044 (l)(b)(E) includes requirements for "Facilitating adequate provision of...water 
supply, sewerage, drainage...or other needs." Since inadequate septic maintenance will 
likely lead to continuing health advisories such as those already issued for Siltcoos Lake 
in 2007 and 2008, with the result that drinking water may have to be trucked in from 
outside sources, the proper functioning of Ordinance 203 is critical to Dunes City's 
efforts to meet the requirements of the land use laws. Though it is a septic maintenance 
ordinance rather than an ordinance for providing drinking water, its regulation directly 
affects provision of drinking water in the manner described above. 
Ordinance 203's direct relationship to the land use laws is buttressed by the fact that the 
Dunes City Comprehensive Plan contains several policies that focus specifically on 
protection of the drinking water supply. Most especially applicable are policies B8, El, 
E2, E3, E5, E6 and 110. Of all these, the most directly on point is policy E6, which states, 
"The City shall adopt a program to improve maintenance of septic systems for the benefit 
of all residents." 
This is as clear and unambiguous as language can be. Both Ordinance 210a and 211a 
would either remove a section of, or amend, the Dunes City Zoning Code. Prior to taking 
such action, the City Council must first determine whether the repeal or amendment of 
Ordinance 203 is consistent with the Dunes City Comprehensive Plan. Oregon law 
prohibits a municipality from adopting a zoning code provision that makes provisions of 
the Comprehensive Plan redundant or meaningless. Both Ordinance 210a and 21 la would 
do exactly that: render meaningless the Comprehensive Plan Policies cited above. 
Oregon law also prohibits "back door" attempts to amend the Comprehensive Plan 
through findings used to amend the zoning code. If a local government wishes to amend 
its Comprehensive Plan policies, it must do so directly, before changing a zoning code 
provision that reduces required regulation. In other words, to amend the Comprehensive 
Plan, Dunes City must go through all required steps, including a finding of consistency 
with all statewide planning goals through a post-acknowledgement plan amendment 
(PAPA). As part of the process, the City must also demonstrate compliance with all 
relevant state and federal laws. 
Thus, passage of Ordinance 210a or 21 la will amend the Comprehensive Plan in a 
prohibited manner, circumventing the required public process. 
Dunes City Must Meet Goal 5 and Goal 6 Requirements 
The Dunes City Comprehensive Plan has components reflecting the requirements of both 
Goal 5 and Goal 6 of the land use laws. 
Goal 5 requires, among other things, identification of fish and wildlife resources 
associated with the lakes in the area covered by the Plan. The continuing contamination 
problems of Siltcoos Lake clearly have an adverse effect on fish and wildlife of the Lake, 
and thus Dunes City, by repealing or hamstringing Ordinance 203, will be acting in a 
manner inconsistent with Goal 5. This will apply equally to Woahink and/or Little 
Woahink Lakes, should they also begin to experience wastewater contamination after a 
repeal of Ordinance 203. 
Goal 6 deals specifically with air, water and land resource quality. The Goal has langauge 
requiring that waste and process discharges from future development, when combined 
with existing development, neither violate nor threaten to violate state or federal 
environmental quality statutes. The Goal strongly recommends that Comprehensive Plans 
investigate methods of implementing the Goal, including enforcement of local health and 
safety ordinances. 
Furthermore, Comprehensive Plans, to implement Goal 6, must consider the carrying 
capacity of the land, air and water; find ways of buffering land uses that will cause 
conflicts; and coordinate with river basins described in environmental quality statutes and 
rules. Siltcoos Lake is currently listed as a 303(d) limited water body for aquatic weeds 
and/or algae under the federal Clean Water Act, and has been since 1998. No Total 
Maximum Daily Load (TMDL) has been set for the Lake. That means DEQ cannot 
authorize any new or increased discharges that would increase the weed problem until the 
TMDL is completed. See Friends of Pinto Creek v. EPA, 504 F.3d 1007 (9th Cir. 2007). 
Increased nutrient loads from failing or overloaded septic systems could very likely cause 
additional weed problems, as phosphorus and other nutrients are the primary cause of 
such weeds. 
Ordinances 210a and 21 la, if either are enacted, will potentially allow new or increased 
discharges of nutrients into Siltcoos Lake as a result of failing or poorly maintained septic 
systems. This will clearly be in violation of both Goal 6 and the federal Clean Water Act. 
Repeal of Ordinance 203 Will Likely Trigger A Building Moratorium 
If Dunes City repeals or renders ineffective its septic maintenance ordinance, it is failing 
to address the existing problems causing algae and weeds in Siltcoos Lake, which most 
probably include increased phosphates from poorly maintaned septic systems. A similar 
problem may well develop on Woahink or Little Woahink Lake as well as a result of lack 
of septic maintenance. This failure on the City's part may very well affect the City's 
ability to grant additional building permits in the near future. DEQ has the authority to 
cease issuing new septic permits in situations where additional development will add to 
the pollution load. See OAR 340-071-0460 (1). 
Essentially, this effort to repeal or severely restrict Ordinance 203 is initiating a de facto 
moratorium on new development in Dunes City, once water quality problems reach a 
point that DEQ and/or Lane County exercises its authority over new septic permits. 
Conclusion 
Ordinance 203 is an excellent ordinance that accomplishes several things very 
effectively: (1) It complies with Dunes City Comprehensive Plan policies on water 
quality and septic maintenance; (2) It complies, and is consistent with, Land Use Goal 5 
and Goal 6, as well as state and federal environmental quality statutes; (3) It provides a 
critical service of septic oversight that neither DEQ nor Lane County are able to regularly 
fulfill; (4) It complies with DEQ requirements for protections of Siltcoos Lake, which is a 
water-quality-limited lake required by law to have a program in place for pollution 
reduction. 
It would be short-sighted for Dunes City to fail to oversee and maintain the septic 
systems of its residents, who enjoy Woahink and Siltcoos Lakes and other nearby 
waterbodies by both living on their fringes and drinking water from them. ORCA urges 
the City Council to deny both Ordinance 210a and 211a and retain Ordinance 203 as part 
of the Dunes City zoning code. 
As an alternative, we suggest that Dunes City amend proposed Ordinance 21 la so that it 
does not repeal Ordinance 203, but does set up an educational program about the 
importance of septic maintenance in support of Ordinance 203. This would give residents 
the opportunity to explore and better understand the reasons for the mandatory pumping, 
inspections and record-keeping required under the current law. 
Many thanks for the opportunity to testify. Please enter this testimony into the record of 
this matter, and notify ORCA of any further action taken by Dunes City. 
Sincerely, 
/s/Cameron £a ToCCette 
Cameron La Follette 
Land Use Director 
Garrison Lake Watershed Septic Map 
September, 2011 
Map Color Key 
Red: septic inspection or permit not current 
Blue: 2001-2009 date of installation or major repair 
Green: 1991-2000 date of installation or major repair 
Yellow: 1985-1990 date of installation or major repair 
Pink: wetlands (from National Wetlands Inventory) 
Tan: City of Port Orford 
372 tax parcels outside the City of Port Orford 
110 parcels (30%) do not have buildings 
262 parcels have buildings 
85 (32%) parcels have septic systems inspected as of 1985 
or more recently 
176 parcels assumed to have been built or inspected more than 25 
years ago. 
Information from City of Port Orford and South Coast Watershed Council 
'Mémorandum John/timcioieX w w w 
TOJW¿ Ci+r 
from 
SUBJECT: £>«/• O&Z ' ^ ^ ^ 
Y & t s ^ VtééxLCv^ f ß e . i S ^ W p U ^ e X ötJ^t- C r f 
ô i K c t / u Û r " 
^ t f e - « / - e — , 
^á^ipt^Y* J "i^As^e-- ¿t^ r-'t <£, l> ¿¿5" é ^ Ú ^ ^ í Vil ^ ^ - O -
O S J o ^ ^ c A ^ Í ^ - ^ j i ^ c ^ M ^ a ^ Y pCES^ÈBDj 
¿ T ó ^ I M c u ^ f e i A c , * ^ ^ ] OCT 1 7 2011 
DUMES CITY HALL 
flannímteMtAí^^tr 
Itti 
dL 1 d <L i ¿'T^Kc-d^ CkMSzuy r y/iù^ ( ¿ ^ 
rí ¿í-cIíyko^kcjs Iri ft p v e f ciazfc 
AS ^ U X v ^ -a^cL f ^ ú é ^ ^ T J e i d y 
Or¿ L O A . 
PLANNING COMMISSION 
FINDINGS AND RECOMMENDATION TO THE CITY COUNCIL 
LEGISLATIVE TEXT AMENDMENTS TO THE DUNES CITY CODE 
SEPTIC SYSTEM MAINTENANCE REQUIREMENTS 
ORDINANCE NUMBERS 210A & 211A 
WHEREAS, the Dunes City Code 155.4.1.7.B.1 requires a public hearing before the Planning 
Commission for all legislative amendments; and 
WHEREAS, the Dunes City Planning Commission held a public hearing on the proposed text 
amendments at a regularly scheduled meeting on October 27, 2011; and 
WHEREAS, the Planning Commission finds the proposals to amend the Dunes City Code, by 
repealing Ordinance Number 203 Entitled "Septic System Maintenance" and replacing it with an 
alternative program for septic system maintenance as presented in Ordinance Number 21 OA and Number 
211A meet all applicable criteria of the Dunes City Code, Dunes City Comprehensive Plan and Oregon 
State Laws; and 
NOW, THEREFORE, the Planning Commission recommends the City Council adopt Ordinance 
Number 21 OA and Ordinance Number 211 A. 
PASSED BY THE PLANNING COMMISSION on the 27th day of October, 2011. 
AYES NAYS J ? 
APPROVED BY THE PLANNING COMMISSION this day ofNovember, 2011. 
Lee Riechel, Chair 
Dunes City Planning Commission 
ATTEST: 
Fred Hilden, Dunes City Recorder 
Planning Commission Findings & Recommendation 
11/02/2011 
Page 1 of 8 
Ordinance Numbers 21 OA & 211 A, Septic System Requirements 
txKiWit" H 
DUNES CITY PLANNING COMMISSION 
FINDINGS AND RECOMMENDATION TO THE CITY COUNCIL 
Planning Commission 
Public Hearing Date: October 27, 2011 ~ 6:00 pm 
Applicant: Initiated by Dunes City 
Proposal: Legislative Text Amendment to the Dunes City Code to 
Amend the City's Septic System Requirements 
Staff: Melissa Anderson, AICP, Contract Planner 
I. INTRODUCTION 
On March 09, 2006, the City Council of Dunes City adopted Ordinance No. 173, which established 
Chapter 157 within the Dunes City Code of Ordinances entitled "Septic System Maintenance." On 
January 14, 2010, the Dunes City Council amended Chapter 157 "Septic System Maintenance" by 
repealing Ordinance No. 173 and adopting Ordinance No. 203 to ensure adequate septic system 
maintenance, inspections and reporting to the city. 
After reviewing the existing standards for maintenance, inspections and reporting of septic systems, the 
city initiated amendments to the septic system maintenance requirements. Two alternatives are under 
consideration by the city and both proposals are legislative text amendments to Title 15 of the Dunes City 
Code of Ordinances by repealing Ordinance Number 203 entitled "Septic System Maintenance," and 
replacing it with an alternative program for septic system maintenance. 
The two options under consideration for an alternative septic maintenance program are presented as 
Ordinance Number 21 OA and Number 211 A. These two options are described below and included in the 
exhibits: 
Option #1) Ordinance Number 21 OA repeals Ordinance Number 203 and replaces it with new regulations 
to ensure proper septic system maintenance by adding a new Chapter 142 entitled "Septic 
System Maintenance" in Title 14 of the Dunes City Code of Ordinances; and 
Option #2) Ordinance Number 211A repeals Ordinance Number 203 and establishes an educational 
program to ensure proper septic system maintenance. 
II. NOTICE AND REFERRALS: 
Public Notice: Prior to the Planning Commission and City Council public hearings, notice was mailed 
directly to all property owners within Dunes City on September 28, 2011 and published in the Siuslaw 
News on October 8, 2011 stating the nature of the proposal, how to participate and the date, time and 
location of the public hearings as required by state law and the city code. As of October 19, 2011, one 
comment had been received in favor of retaining Ordinance No. 203, which is included in the exhibits. 
Planning Commission Findings & Recommendation 
11/02/2011 
Page 2 of 8 
Ordinance Numbers 21 OA & 211 A, Septic System Requirements 
Agency and Organization Referrals: Notice of the proposed code amendment was sent to the 
Department of Land Conservation and Development (DLCD) on September 7, 2011 not less than 45 days 
prior to the first evidentiary hearing of October 27, 2011, as required by State law. 
On October 3, 2011, referrals were sent to the Dunes City Building Official, Lane County Sanitation 
Department, the Oregon Department of Environmental Quality and the DLCD Regional Representative 
notifying them of the proposed amendments, public hearing dates and requesting comments. As of 
October 19, 2011, two comments were received from agencies. On October 7, 2011 Lane County 
Sanitation Department and the Building Department LLC responded stating they had no comments on the 
proposed amendments. 
III. APPLICABLE CRITERIA 
The proposed amendment is a legislative amendment to the Dunes City Code and the following criteria 
apply to this matter. 
• Dunes City Code of Ordinances, Title 15 Land Usage, Chapter 155 Zoning and Development, 
Section 155.4 Applications and Review Procedures, Subsection 155.4.1.7 Type IV Procedure 
(Legislative) 
• Dunes City Comprehensive Plan Elements: Citizen Involvement, Land Use, and Air, Land and 
Water Quality 
• Oregon Revised Statutes (ORS) 197.610 Local government notice of proposed amendment or new 
regulation; exceptions; report to commission. 
• ORS 227.186 Notice to property owners of hearing on certain zone change; form of notice; 
exceptions; reimbursement of cost. 
IV. REVIEW OF APPLICABLE CRITERIA 
Dunes City Code (DCC) Chapter 155 - Zoning and Development 
155.4 Applications and Review Procedures 
155.4.1.7 Type IV Procedure (Legislative) 
B. Notice of Hearing. 
1. A minimum of two hearings, one before the Planning Commission and one before the City 
Council, are required for all Type IV applications submitted to the City. 
Finding: The proposals are consistent with this criterion because two hearings were conducted before 
a final decision was made. A public hearing was conducted before the Planning Commission and a 
public hearing was conducted before the City Council prior to making a final decision. This criterion 
is met. 
2. The Planning Secretary shall give notice of public hearings for the request in the following 
manner: 
a. At least 20 days, but not more than 40 days, before the date of the first hearing on an 
ordinance that proposes to amend the Comprehensive Plan or any element thereof, or to 
Planning Commission Findings & Recommendation 
11/02/2011 
Page 3 of 8 
Ordinance Numbers 21 OA & 211 A, Septic System Requirements 
adopt an ordinance that proposes to rezone property, a notice shall be prepared in 
conformance with ORS 227.175 and mailed to: 
1. Each owner whose property would be rezoned in order to implement the ordinance; 
2. Any affected governmental agency. 
3. Recognized neighborhood groups or associations affected by the ordinance; 
4. Any person who requests notice in writing; 
5. For a rezone affecting a manufactured home or recreational vehicle park, all mailing 
addresses within the park. 
Finding: The proposals are consistent with this criterion because a public notice was mailed to all 
property owners in Dunes City, affected government agencies and neighborhood groups and 
anyone requesting a notice on September 28, 2011, at least 20 days and not more than 40 days 
before the first public hearing before the Planning Commission on October 27, 2011. This 
criterion is met. 
b. At least 14 days before the scheduled Planning Commission public hearing date, and 14 
days before the City Council hearing date, notice shall be published in a newspaper of 
general circulation in the City. 
Finding: The proposals are consistent with this criterion because at least 14 days before the 
Planning Commission public hearing on October 27, 2011, a notice was published in the Siuslaw 
News on October 8, 2011. This criterion is met. 
c. The Planning Secretary shall: 
1. For each mailing of notice provided in Subsection B.2. above, file an affidavit of 
mailing in the record: and 
2. For each published notice provided in Subsection B.2. above, file an affidavit of 
publication in the record; 
Finding: The proposals are consistent with this criterion because an affidavit of mailing and 
publication were filed into the record. This criterion is met. 
d. The Department of Land Conservation and Development (DLCD) shall be notified in 
writing of proposed Comprehensive Plan and development code amendments at least 45 
days before the first public hearing at which public testimony or new evidence will be 
received. 
Finding: The proposals are consistent with this criterion because a notice was sent to DLCD on 
September 7, 2011, at least 45 days prior to the first evidentiary hearing with the Planning 
Commission on October 27, 2011. This criterion is met. 
155.4.1.7 Type IV Procedure (Legislative) 
E. Decision-Making Considerations. The recommendation by the Planning Commission and the 
decision by the City Council shall be based on consideration of the following factors: 
1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised 
Statutes Chapter 197 (for Comprehensive Plan amendments only); 
Planning Commission Findings & Recommendation 
11/02/2011 
Page 4 of 8 
Ordinance Numbers 21 OA & 211 A, Septic System Requirements 
Finding: This criterion does not apply because the proposals are not comprehensive plan 
amendments. 
2. Comments from any applicable federal or state agencies regarding applicable statutes 
or regulations; 
Finding: The proposals are consistent with this criterion because referrals were sent to the Lane 
County Sanitation Department, the Oregon Department of Environmental Quality and to DLCD 
notifying them of the proposed amendments and requesting comments. In response, on October 7, 
2011 Lane County Sanitation Department stated they had no comments on the proposed 
amendments. This criterion is met. 
3. Any applicable intergovernmental agreements; and 
Finding: The proposals are consistent with this criterion because there are no intergovernmental 
agreements that are applicable to this matter. This criterion is met. 
4. Any applicable Comprehensive Plan policies and provisions of this Code that 
implement the Comprehensive Plan. Compliance with Section 155.4.7 shall be 
required for Comprehensive Plan amendment, and Master Road Plan amendment. 
Finding: The proposals are consistent with this criterion because applicable Comprehensive Plan 
Policies are addressed in the following section and these findings are incorporated herein. 
Additionally, applicable provisions of the Dunes City Code are addressed for consistency in this 
report. Lastly, Section 155.4.7 of the Dunes City Code is not applicable because the proposals do 
not amend the Comprehensive Plan Map or the Master Road Plan. This criterion is met. 
DUNES CITY COMPREHENSIVE PLAN 
Citizen Involvement and Land Use Planning 
Policy Al. Citizens involvement. Dunes City's citizens involvement program shall insure that the 
citizens of Dunes City have the opportunity to be involved in all phases of the planning process. 
The citizens involvement program shall incorporate the following components: 
1. Citizen Involvement; to provide for widespread citizen involvement. 
2. Communication; to assure effective two-way communication with citizens. 
3. Citizen Influence; to provide the opportunity for citizens to be involved in all phases of the 
planning process. 
4. Technical Information; to assure that technical information is available in an understandable 
form. 
Finding: The proposals are consistent with these policies because citizens have been provided 
opportunities to be involved in all phases of the planning process. Public notice was mailed to all property 
owners and published in the Siuslaw News, notifying the public of the proposed code amendments and 
how to participate in the public hearing before the Planning Commission and City Council. The 
information contained in proposed Ordinance No. 21 OA and 211A was available to the public prior to the 
Planning Commission Findings & Recommendation 
11/02/2011 
Page 5 of 8 
Ordinance Numbers 21 OA & 211 A, Septic System Requirements 
hearings. Citizens were provided an opportunity to provide testimony before and during each public 
hearing. Widespread public involvement was solicited and provided for through all phases of the planning 
process. These criteria are met. 
Land Use and Urbanization 
Policy A12. Dunes City shall coordinate land use decisions where needed with Lane County, 
Douglas County, the Oregon Dunes National Recreation Area, Oregon State Parks, Oregon 
Department of Transportation, Oregon Department of Fish and Wildlife, The Oregon Department 
of Forestry, and other local, state and federal agencies. 
Finding: The proposals are consistent with these policies because referrals were sent to affected local and 
state agencies in order to coordinate the proposed land use decision. Dunes City sent referrals to the 
Dunes City Building Official, Lane County Sanitation Department, Oregon Department of Environmental 
Quality and the Department of Land Conservation notifying them of the proposed amendments, public 
hearing dates and requesting their comments. As of October 19, 2011, a response from Lane County 
Sanitation and the Building Department LLC (the Dunes City Building Official) were received stating 
they had no comment on the proposals. This criterion is met. 
Air, Land and Water Quality 
Sewage Systems Policies 
Policy E5. The city shall cooperate with the Department of Environmental Quality to ensure 
compliance with disposal system requirements. 
Finding: The proposals are consistent with this policy because Dunes City adheres to sewage disposal 
system requirements, as established by the Oregon Department of Environmental Quality and 
administered by Lane County. Installation of new septic systems and modifications to existing septic 
systems are reviewed, inspected and approved through the Lane County Sanitation Department. The 
Dunes City Building Official and building permit process coordinates with the Lane County Sanitation 
Department to ensure sewage disposal system requirements are reviewed and implemented according to 
state requirements. This criterion is met. 
Policy E6. The city shall adopt a program to improve maintenance of septic systems for the benefit of 
all residents. 
Finding: The proposals are consistent with this policy because the proposal improves upon the existing 
code requirements to address maintenance of septic systems for the benefit of all residents in Dunes City. 
The proposals ensure that all on-site wastewater disposal systems are operated in a safe manner as 
required by the Oregon Department of Environmental Quality and administered by Lane County. This 
criterion is met. 
OREGON REVISED STATUTES (ORS) 
ORS 197.610: Local Government Notice of Proposed Amendment or New Regulation; Exceptions; 
Report to Commission. 
197.610(1) A proposal to amend a local government acknowledged comprehensive plan or 
Planning Commission Findings & Recommendation Ordinance Numbers 21 OA & 211 A, Septic System Requirements 
11/02/2011 
Page 6 of8 
land use regulation or to adopt a new land use regulation shall be forwarded to the Director of the 
Department of Land Conservation and Development at least 45 days before the first evidentiary 
hearing on adoption. The proposal forwarded shall contain the text and any supplemental 
information that the local government believes is necessary to inform the director as to the effect of 
the proposal. The notice shall include the date set for the first evidentiary hearing. 
Finding: The proposals are consistent with this criterion because a notice was sent to DLCD on 
September 7, 2011, at least 45 days prior to the first evidentiary hearing with the Planning Commission on 
October 27, 2011. This criterion is met. 
ORS 227.186: Notice to property owners of hearing on certain zone change; form of notice; 
exceptions; reimbursement of cost. 
227.186(1) As used in this section, "owner" means the owner of the title to real property or 
the contract purchaser of real property, of record as shown on the last available complete tax 
assessment roll. 
(2) All legislative acts relating to comprehensive plans, land use planning or zoning adopted 
by a city shall be by ordinance. 
(3) Except as provided in subsection (6) of this section, at least 20 days but not more than 40 
days before the date of the first hearing on an ordinance that proposes to amend an existing 
comprehensive plan or any element thereof, or to adopt a new comprehensive plan, a city shall 
cause a written individual notice of a land use change to be mailed to each owner whose property 
would have to be rezoned in order to comply with the amended or new comprehensive plan if the 
ordinance becomes effective. 
(4) At least 20 days but not more than 40 days before the date of the first hearing on an 
ordinance that proposes to rezone property, a city shall cause a written individual notice of a land 
use change to be mailed to the owner of each lot or parcel of property that the ordinance proposes 
to rezone. 
(5) An additional individual notice of land use change required by subsection (3) or (4) of 
this section shall be approved by the city and shall describe in detail how the proposed ordinance 
would affect the use of the property. The notice shall: 
(a) Contain substantially the following language in boldfaced type across the top of the face page 
extending from the left margin to the right margin: 
This is to notify you that (city) has proposed a land use regulation that may affect the 
permissible uses of your property and other properties. 
(b) Contain substantially the following language in the body of the notice: 
On (date of public hearing), (city) will hold a public hearing regarding the adoption of 
Ordinance Number . The (city) has determined that adoption of this ordinance may affect 
the permissible uses of your property, and other propeiiies in the affected zone, and may change 
the value of your property. Ordinance Number is available for inspection at the 
City Hall located at . A copy of Ordinance Number also is available for 
purchase at a cost of . For additional information concerning Ordinance Number , 
you may call the (cityj Planning Department at - . 
Planning Commission Findings & Recommendation 
11/02/2011 
Page 7 of 8 
Ordinance Numbers 21 OA & 211 A, Septic System Requirements 
Finding: The proposals are consistent with this criterion because a measure 56 public notice was sent 
directly to all property owners within Dunes City in accordance with ORS 227.186. The public notice was 
mailed on September 28, 2011, at least 20 days but not more than 40 days before the date of the first 
hearing of October 27, 2011. The required information stated in the statute was included in the notice. 
This criterion is met. 
V. CONCLUSION & RECOMMENDATION 
The proposal to amend the Dunes City Code, by repealing Ordinance Number 203 Entitled "Septic System 
Maintenance" and replacing it with an alternative program for septic system maintenance as presented in 
Ordinance Number 21 OA and Number 211A meet all applicable criteria of the Dunes City Code, Dunes 
City Comprehensive Plan and Oregon State Laws. The Planning Commission recommends the City 
Council adopt Ordinance Number 21 OA and Ordinance Number 211A. 
VL EXHIBITS 
A. Ordinance Number 21 OA, "An Ordinance Amending Title 14 of the Dunes City Code of 
Ordinances by Addition of Chapter 142 Entitled "Septic System Maintenance," and Repealing 
Ordinance Number 203." 
B. Ordinance Number 211 A, "An Ordinance Repealing Ordinance Number 203 Entitled "Septic 
System Maintenance" and Establishing an Educational Program to Ensure Septic System 
Maintenance." 
C. Response from Lane County Sanitation Department (10/07/11) 
D. Response from Building Department LLC (10/07/11) 
E. Comment from Craig McMicken (10/01/11) 
Planning Commission Findings & Recommendation 
11/02/2011 
Page 8 of 8 
Ordinance Numbers 21 OA & 211 A, Septic System Requirements 
jlCdfíjLkL 
Mssst 
V 
- itô'Mfc'fc* fi IFS 8 « 
4 r 
MOV 0 9 
P l i ^ ^ Y Í MAUL" 
txh Íbíf X 
outbind://221-000000005AC24D8A66789C478F913D5685F7C37CC4573200/ 
Dunes City Recorder 
From: liz purtell [mizlizp@yahoo.com] 
Sent: Monday, November 07, 2011 3:45 PM 
To: Dunes City Recorder 
Subject: ordinance number 21 i A 
Hi Fred, 
Liz Purtell 
5394 Buckskin Bob 
Florence, Or 97439 
I have been a resident of Dunes City for over 25 years. I strongly oppose repealing Ordinance 
Number 203 and replacing it with Ordinance Number 211 A. Water quality seems to have 
improved since everyone got in compliance with Ordinance 203. There is less algae in Siltcoos 
Lake. 
Education is not enough. The Conservation Committee and others have attempted to educate 
Dunes City residents about many issues regarding water quality, to no avail. I vote no on 
Ordinance 211 A. 
Liz Purtell 
11/10/2011 txhibif J 
ORCA: Oregon Coast Alliance 
P.O.Box 5464, Charleston OR 97420 
(503) 391-0210 http://www.oregoncoastalliance.org 
Protecting the Oregon Coast 
Dunes City City Council 
P.O. Box 97 
Westlake, OR 97493 
Nov. 9,2011 
Re: Proposed Dunes City Ordinances 210a and 211a 
Sent via electronic mail 
Dear Members of City Council, 
Oregon Coast Alliance submits this additional testimony to you for consideration oat the 
hearing of Ordinance proposals 210a and 21 la. As part of this testimony, we resubmit the 
letter we sent to the Planning Commission on the same proposals, dated Oct. 26, 2011, 
along with the attachment of the map and statistics of Garrison Lake. 
In this additional letter, ORCA would like to urge City Councilors to consider the Dunes 
City septic maintenance debate as a problem in how best to protect a common resource 
for the benefit of all residents. The waters of Woahink and Siltcoos Lakes (and the 
associated streams and groundwaters) are a resource held in common. That is to say: the 
waters are used by many people for drinking water and other amenities, but are not 
owned by them. This can lead to a situation in which all wish to benefit from the 
resource, but none wish to pay the costs of protection. If this is not legislated, the 
inevitable result is that the resource - drinking water, in this case - becomes degraded. 
That would mean more sophisticated and costly water filtration systems for Dunes City 
residents, Honeyman State Park, and any businesses that also use the same water supply. 
Dunes City residents have the opportunity, through Ordinance 203, to maintain an across-
the-board fair law that requires every resident to bear approximately the same cost of 
protecting the resource for the benefit of all. It is natural and expected that one whose 
septic system is failing be required to pay for its upgrade or repair, for his own benefit 
and that of all other residents who share the waters. In this case, the "commonality" of the 
resource is even greater than residents alone, as visitors to Honeyman State Park, which 
receives more than one million visitors per year, also drink the water of Woahink Lake. 
Exbibif K 
Any degradation of Woahink Lake's water may eventually also increase filtration or 
treatment costs to the Park, and thus to Oregon taxpayers. 
The most current figures compiled under Ordinance 203 indicate the success of Dunes 
City's septic maintenance program. The law requires an initial mandatory pumping and 
inspection of all septic systems, and also requires Dunes City to keep records of the septic 
program. The record-keeping has not been fully implemented, but current data shows that 
as of summer 2011 there are about 781 septic systems in Dunes City, of which about 69% 
have complied with the law. There has been some confusion; some of those who have 
obeyed the law have had their septics pumped but not evaluated; others the reverse. But 
69% is a fairly good showing of compliance, and indicates that people in Dunes City do 
care about the water quality the lakes on which they depend for drinking water, 
recreation, fishing and other amenities. It is especially noteworthy that of the 534 
households that have complied thus far, 65 had failed septics, or needed replacements or 
repairs. That certainly indicates Ordinance 203's success in protecting Dunes City's 
drinking water supply. 
Other communities on the coast face similar struggles to protect water quality in coastal 
lakes important to area residents. Port Orford, for example, has been concerned about 
Garrison Lake, which is on its border. The South Coast Watershed Council and its 
partners compiled some data, and a map, of Garrison Lake's shoreline outside the City as 
of September 2011. ORCA submitted this information in prior testimony to the Planning 
Commission. Of 262 parcels having buildings on Garrison Lake's shoreline, only about 
32% have septic systems inspected in 1985 or more recently. All the others were 
probably built and/or inspected more than twenty-five years ago. 
Dunes City, with its existing septic ordinance and data showing nearly 70% compliance, 
is an example of what can be done by a community focused on protecting its critical 
water resources for the good of all. Oregon Coast Alliance hopes the City will continue 
this proud achievement — and perhaps build on it by adding an educational component to 
Ordinance 203 in order to expand understanding and willingness of residents to work 
together for the common good. 
Thank you for the opportunity to testify. 
Sincerely, 
/s/ Cameron La (FoCCette 
Cameron La Follette 
Land Use Director 
txlii hih K 
Admin 
From: 
Sent: 
To: 
Subject: 
Gail Nichols <gmnichols@oregonfast.net> 
Wednesday, November 09, 2011 12:12 PM 
Dunes City Admin 
Septic ordinances comment 
As a homeowner in Dunes City, I am opposed to replacing or amending the current Dunes City septic system ordinances 
with any alternative septic system maintenance program. We must protect our water supply, and it is not too much to 
ask to have inspections done regularly and to have homeowners maintain their septic systems. 
Gail Nichols 
83610 Clear Lake Rd. 
Dunes City 
541-999-6907 
gmnicholsffioregonfast.net 
l 
exKïbif L 
TO 
i&êè'1 il j j l j 
Dunes City's septiç story: Protecting the water supply u 
GUEST VIEWPOINT 
By CAMERON LA FOLLETTE, LAND USE DIRECTOR 
OREGON COAST ALLIANCE 
,;r D^uneSj^ity js c^irently, strug-
gling with a major problem: how 
much septic, maintenance is 
enough when thé town's residents, 
all of wfyom>are on;septic, live 
"around SoitiC cbàStalïiàk&s 'which 
ajiso provide, the, drmjdng, .yvater. 
^ u e , soipe,;residents^gét ttfeir water , been some confusion; some of septic maintenance. Qrdinancc 
:J^c^^^^^d^aijiey^^^L^,.^ . , ' ï t h p s ^ , o b e y e d the lavv ; ,210a would keep some of tlic fea-
; b u t s a l l i t h e ; waters arer. have -ha4!toefr septics .pumpedibiit .tures of the .current law,'but elimi-
J^^rplogically.. connected. Failing npt evaluated; .others the reverse. b nate, ,its most effective tool: the 
f^ptic .can ,easiLy,leaphr effluent into But. 69, .percent is fa fairly good , requirement for, mandatory pump-
ÎJte groundwater NVoahink and showing of compliance,, and jndi- ing at the initial inspection. 
, feltcoQS (La}cps.r Dunes Çity has no cates that people in Dunes City do Both of, thpse proposals would 
^Itratjon ¿¡ystejn for its drinking j care about, the water quality, the, unravel Dunes City's proactive law. 
;,%ater. . ; r>;- ; ;lakes on.. whic)i they .depend far The. repçal would do so directly, 
Cily Council is set to consider drinking water, recreation, fishing setting up in its place ayague, and 
Jv/o bills that would drastically alter and other amenities. completely unspecified, education 
name >lueh -Il ^ ^ ¡ ^ ^ p l ^ l ^ ^ r ) ^ o f program "to^nsnre adequate septic 
there is Hce prò- it m 
^ n : The exÌ&è^require^'àii' '"-pUcd.UWs > link, nor any attempt to forge 
W i y o r needed rcplliceiiictus o r ^ p ^ s .f 'onc-ibèt\yeen any educaiiohàl pro-; 
and That certainly indicates Ordinance gram and sepde maintenance, 
wies Lity,to Keep- •'• 203's success,'in- protecting Dunes Proposal 210a is mòre subtle, 
le septic-pr%n»m; The City's drinking'water supply. The principal means of discovering 
j ^ i f ^ should be where a septic system needs repairs. 
11n m i n i i r h a r i ' Anci>1 Mr>n<ì fko ' r \r ri»nlnri-»iri»»nt^i\> hi/ ihitt'ilKri hiirnn_ m ;- dâtà; 'kep(:ìn;.iro^\vrlierì^con$idèn'ng. the- .0E,xepl|iceinent is>b.y initially« puipp-
Ì^ vowì, dial ap Oi summer'2© 11 there" two bills now befoie City Council, l à^ i t ' lo thâf cMcès or other prob-^  
w 
«|e about 7'8il septic» in Duines City, 
tft whom about 69 percent have 
f complied with the law. There has 
Ordinance 211a would repeal 
Ordinance '203 and replace it with 
an education program to ensiire 
léms cbn be "seen byfthé inspector. 
Removing that one; requirement 
greatly^ reduces the p^ogiratti'is effi^ 
cacy, This mandatory pumping 
requirement is controversial amOn&if; 
some Dunes City residents. 
But there are other ways to Took 
at it, rather than as a government 
intrusion .or an unjustifiable fuian-
cial burden on the homeowner. 
Dunes City is a community aind all 
residents share 'the water -
whether it comes from the lakes or 
the hydrologicaliy: connected 
groundwater ^rstreajns1/' 
As a common resource, it must 
be protected by all for the benefit of 
all. This means that all residents 
bear a small expe! ;vf^r-'t! >iii*c 
mon cause of clean drinfcij|g water. 
Dunes^Gity, Willi its existing sep-
tic ordinance-and data »showing•, 
nearly 7$ percent ,cpm]piianceT 
shows what can-be done by;a com-
munity focused on protecting, its 
Critical water resources for the good 
of alii Oregon Coast Alliance hopes 
the City 'will continue this proud' 
achievement — and perhaps build 
' --atf educational con:, 
'poneritio Ordinance i03 in order to; 
expand understanding and willing-;;? 
hess of residents to work together 
for die coin^ ;.'. , 
Dunes City Council 
Re; Septic Ordinance #203 
I am writing in support of keeping Ordinance 203. Sue and I have lived in Dunes City 
for over 30 years and feel fortunate to be part of this wonderful community. We have 
voluntarily had our septic systems checked/pumped every 5 years. I dp not propose to be 
an expert on septic systems but when I talk to septic contractors they all recommend 
having a system checked/pumped every 5 years as part of regular maintenance. This not 
only is part of a maintenance program but also a plan designed to extend the life of a 
septic system. 
Having the system checked every 5 years should help an owner be informed about any 
problems that may occur with their system before it fails which can be very expensive. I 
believe it to be the responsible thing to do. Regular septic maintenance also protects the 
environment and helps preserve the water quality in the Lakes which is the water source 
for many Dunes City residents. 
The cost of septic pumping can be $600 plus or minus every 5 years. But compared to 
the rates of city services which run approx. $60/month I do not think it is an unreasonable 
expense. 
We are submitting this letter in support of support Ordinance #203. 
Sincerely, 
Dan and Stje §carbQrjy 
5042 Ford way 
Florence, Oregon 97439 
ES orrf HAJLi-
EKhibiV N 
lONovember 2011 
Mayor Ruede, Councilors: 
My name is Peter Howison, 83243 Kendall Lane, Dunes 
City 
The original septic maintenance ordinance and the current 
203 have resulted in 70% compliance with 65 systems 
found failed or potentially failing. So why continue this 
system? Clean water was an initial reason but also there is 
the health risk of septic spills. The previous ordinances 
were unanimously passed and supported by a variety of city 
leaders such as councilors Petersdorf, John Scott, Judy 
Martin and our current Mayor. 
The current Planning Commission wisely recommended 
that the council consider both 210 and 211 understanding 
the importance of education provided for in 211 and 
intermittent inspections in 210 where these inspections are 
individually tailored by using the Oregon State University 
Extension Service recommended pumping intervals 
determined by size of the tank and number of household 
members resulting in variable intervals up to over 30 years. 
Two arguments against continuing any septic maintenance 
ordinance that I have heard voiced include 1) an inability to 
enforce the ordinance and 2) a lack of time for our staff to 
follow through with enforcement by the April deadline. 
exhibff 0 
Due to our charter and code limitations such as the lack of a 
municipal judge, all of our ordinances' enforcement is in 
doubt not just this one. The council is, of course, not going 
to repeal all of our ordinances because of this problem. 
Instead we should pass the proposed enforcement 
ordinance discussed earlier in this meeting. 
As far as the backlog of 30% of citizens that have not yet 
complied, some who may not have been notified yet, a 
simple solution might be to extend the compliance deadline 
by 6 to 12 months in order to give staff and residents the 
time needed to catch up. 
In conclusion, please continue the city's support of citizens 
to maintain their septic systems. Protect water quality, 
avoid expensive repairs of failed systems and avoid health 
hazards. Pass an enforcement ordinance first, delay the 
final deadline as needed and merge 210 and 211 
emphasizing inspection and education. 
Voting to repeal by passing only 211 is unfair to those that 
have complied. Throwing out an effective process the city 
has maintained for more than 5 years is unwise. Don't 
contribute to deteriorating water quality, decreased 
property value and an expensive sewer system. We can all 
agree on avoiding these things. 
Thank you for your consideration, 
Peter W. Howison, M.D. 
UNIVERSITY OF MINNESOTA 
AGRICULTURAL EXTENSION SERVICE 
Department of Agricultural Engineering 
201 Agricultural Engineering Building 
1390 Eckles Avenue 
St. Paul, Minnesota 55108 
1981 
FOREWORD 
This Home Sewage Treatment Workshop Workbook is based on 6 MCÀR Section 4.8040 
Individual Sewage Treatment Systems Standards (WPS-40) adopted in 1978 by the 
Minnesota Pollution Control Agency. These Standards provide design criteria 
for the proper treatment of sewage under a variety of site and soil conditions. 
 copy is included as Section A. This Workbook is intended to be used by those 
who are actively involved in the design, installation, and maintenance of in-
dividual sewage treatment systems- The Workbook is used as a text for the 1981 
3-day Home Sewage Treatment Workshops and each participant who receives a copy 
is encouraged to also use it for educational purposes such as presenting ma-
terial at meetings or for individual consultations. Most of the tables and 
diagrams presented in the Workbook can be used to prepare slides or transparencies 
We hope that this Workbook will be useful to you. We invite any comments that 
you may have concerning the Workbook and particularly how it might be improved 
and made more useful for your purposes. 
The Citizens* Advisory Committee that developed WPC-40 recommended to the 
Minnesota Pollution Control Agency Board that the Standards not be mandatory 
statewide and that development and administration of local sanitary ordinances 
continue to be the responsibility of local units of government. The Advisory 
Committee further recommended that a voluntary program be established to cer-
tify site évaluât ors 3 designers, contractors, inspectors^ and .pumpsxs. as to 
their knowledge and experience in-î 
of individual sewage treatment systems*): •. .initiated 
by the Minnesota Pollution ContiaoIv^ Séuj^ f' aàà^âê.^giiiôivi^l^s jpassed à 
the examination and submitted experience-"e^i^fff als • iof^on. y" The., • 
examination for certification will be. gives again thisyyear •'during^ èbiè:' afternoon 
of the third day of the Workshops. • ^ " 
I ï h û d c  s w J m A s 
Roger E. Machmeier 
Extension Agricultural 
University of Minnesota 
iC, 
James L. Anderson s 
Extension Soils Specia 
University of Minnesot 
''îfÙjpe^^&r'Âïiation Cental Agency 
p 
B-3 
HOW SOIL TREATS WASTEWATER 
In the soil, bacteria eat the food (literally break down the BOD and solids, 
and incorporate them). Pathogens become trapped in the soil, either by being 
adsorbed onto soil, particles, or becoming stuck to the microbial slimes laid 
down by soil bacteria* Once trapped, some pathogens die off because of differ-
ences in temperature, lack of moisture and food, and other causes. Others 
are inhibited or killed by antibiotics given off naturally by soil fungi and 
other organisms. Still others are actually preyed upon by soil bacteria and 
literally eaten. 
Nutrients are also removed or modified. Nitrogen from the septic tank is 
usually in the ammonia form (NH^). While some is used by the soil bacteria 
or adsorbed by the soil particles, most of it is converted to nitrate (NO^) 
in the aerated soil. Nitrates are soluble and will move with soil water. 
Nitrate movement is one. of the reasons for separation distances between sewage 
treatment systems and water supply wells. There is little evidence to show, 
however, that shallow sewage treatment systems such as drainfield trenches or 
seepage beds cause nitrate problems with water supply wells. Recent research 
results show that sewage treatment mounds utilizing pressure distribution do 
an excellent job of denitrification. 
Phosphates are removed from wastewater by being adsorbed onto soil particles, 
particularly particles with high concentrations of iron, manganese, and aluminum. 
Soils with a greater percentage of clay particles have more of these minerals 
than sands. When the adsorption sites are filled, phosphates will move through 
the soil. Laboratory studies on coarse sands indicate the maximum rate of 
phosphate moveraent is about 50 cm (20 inches) per year. Field studies have 
indicated that the rate is even slower under operating sewage treatment systems. 
Phosphate movement will be still less through loam or finer textured soils 
which have more adsorption sites. If the treatment system is functioning 
properly, problems from phosphate movement to surface or groundwaters should 
be minimal. 
UNSATURATED FLOW AND THE BIOMAT 
In order for treatment to be effective, the soil bacteria must have air and 
sufficient time. These conditions will exist if the soil beneath the soil 
treatment system is unsaturated. In an unsaturated soil, water moves only 
through the smallest pores or in a thin film around soil particles surrounding 
the larger pores which are usually filled with air. 
The reason for this type of movement is that the driving force behind un-
saturated flow is not gravity, but a soil tension force (sometimes called 
capillary attraction, wicking action, or "sucking power")« If all soil pores 
were filled with water (i.e., saturated conditions}f most of the water would 
flow by gravity through the larger pores (much the same way one could put 
more water through a 12-inch culvert than a 1—inch garden hose). However, 
under unsaturated conditions, the largest pores drain first, since they are 
able to exert the least tension (or "sucking power"). Water is pulled or 
"sucked" through the smaller pores. Because water is moving due to tension 
or "sucking" power, it does not have to go down but can move sideways or 
even up to wherever the soil is driest. The presence of lush, green grass 
over the drainfield is evidence of this "capillary" movement of unsaturated 
flow of water. 
tDdAibif P 
B-4 -
As sewage tank effluent flows into a draInfield trench, it moves into the dis-
tribution pipe and down through the trench rock to the soil where treatment 
begins. A biological layer or biomat is formed by soil microorganisms which 
secrete a gluey or sticky substance and anchor themselves to the soil or rock 
particles. This biomat forms first along the trench bottom and as liquid 
begins to pond in the trench, forms along the soil surfaces on the sidewalls. 
When fully developed9 the gray to black slimy biomat layer is about 1/2 to 1 
inch thick. 
Flow through the biomat is considerably slower than flow through the natural 
soil and is unsaturated flow. Thus, the biomat acts as a valve to slow down 
the flow of wastewater into the soil so that unsaturated conditions exist in 
the soil beneath the drainfield trench. A properly functioning system will 
have wastewater ponded in the trench while the soil a few inches outside of 
and below the trench will be unsaturated. The unsaturated soil has pores 
containing both air and water so that microorganisms living in the soil can 
effectively treat the wastewater moving through the soil system. 
A developed biomat is in equilibrium in that it remains at about the same 
thickness and the same permeability if proper effluent quality and quantity 
are maintained. The biomat and the liquid ponded within the trench are 
anaerobic and the organic materials in the wastewater are food for the 
anaerobic microorganisms which grow and multiply and increase the thickness 
and decrease the permeability of the biomat. On the soil side of the biomat, 
oxygen is present so that conditions are aerobic allowing soil bacteria to 
feed on and break down the biomat continuously. These two processes go on 
at about the same rate so that the thickness and permeability of the biomat 
remain about the same« 
If the wastewater contains a greater proportion of organic material because 
of failure to regularly pump the septic tank, the greater amount of food for 
the bacteria will increase the thickness of the biomat and decrease its per-
meability. If seasonally saturated conditions occur in the soil outside the 
trench, aerobic conditions will no longer exist, .the biomat will thicken, and 
its permeability will be reduced. 
Soil of suitable texture is an excellent treatment medium for sewage tank 
effluent. The soil is a self-renewing treatment system and will" maintain its 
treatment effectiveness and capacity as long as the sewage tank effluent re-
mains of reasonable quality and as long as aerobic conditions exist in the 
soil outside of the trench. The design and construction procedures presented 
in this Workbook are intended to show how to utilize the soil system in such 
a way as to assure that sewage tank effluent is properly treated. 
ExIiiHt P 
Del & Barbara Riesenhuber 
5394 Canary Road 
Florence, OR S7439 
November 10,2011 
Dunes City Council 
82877 Spruce St. 
Westlake, OR 97493 
Re: Public testimony on proposed ordinances 210a and 211a 
We are opposed to these two ordinances and urge the council to vote no to both 
proposed ordinances. Ordinance 211a has the effect of eliminating oversight of sewage 
in Dunes City and creates a public health hazard and jeopardizes our Woahink Lake 
water supply. This is directly contrary to the Comprehensive Plan. Ordinance 210a will 
severely limit septic inspections and therefore jeopardize our Woahink Lake water 
supply. 
Existing ordinance 203 was adopted after careful thought and expert input, and is 
intended to assure appropriate management of septic systems within Dunes City. Both 
of the proposed ordinances will negate the desired benefits of ordinance 203 and allow 
further contamination of our Woahink Lake water supply by eliminating or curtailing 
much needed oversight. 
Submitted to the public record of Dunes City 
by 
Hal Qîoccnki ikûr 1 
Exhibit- <5 
Our Goal: To promote the understanding, protection and thoughtful management of 
Woahink Lake; its watershed\ and its ecosystem. 
Dunes City Council 
82877 Spruce Street 
Westlake, OR 97493 October 17, 2011 
Testimony relative to proposed ordinances 210a and 211a: 
Woahink Lake Association Board is opposed to both of these proposed ordinances and hereby 
reserve our right to file a LUBA appeal should either of these proposed ordinances be adopted 
by the Dunes City Council. 
Preservation of the quality of Woahink Lake is a primary concern of the Woahink Lake 
Association. We are opposed to these proposed ordinances because do not follow the 
direction of the Dunes City Comprehensive Plan and allow further contamination of Woahink 
Lake by removing much needed controls over septic systems and run off of pollutants into 
Woahink Lake. 
Attached please find the Resolution wri t ten by the Woahink Lake Association Board. 
Woahink Lake Association Board, 
Del Riesenhuber 
Secretary 
t A / f K 
WOAHINK LAKE ASSOCIATION 
LANE COUNTY, OREGON 
A RESOLUTION RECOMMENDING THAT THE DUNES CITY 
COUNCIL AFFIRM THE IMPORTANCE OF HEALTH, SAFETY 
AND DRINKING WATER PROTECTION, AND DENY PROPOSED 
ORDINANCES 210a AND 211a. 
WHEREAS, Dunes City Policies as stated in the Comprehensive Plan require that the 
City protect its natural resources and our waterways; and 
WHEREAS, Dunes City has been proactive in its efforts to maintain the water quality . 
and the longevity of Woahink and Siltcoos Lakes; and 
WHEREAS, Woahink Lake is the source of drinking water for the residents of Dunes 
City, and in addition over 1 14 million visitors of Honeyman State Park and; 
WHEREAS, Ordinance 203 provides for protection of the waters of Woahink and 
Siltcoos Lakes; 
NOW THEREFORE BE IT RESOSLVED THAT THE BOARD OF THE 
WOAHINK LAKE ASSOCIATION URGES THE DUNES CITY COUNCIL TO 
AFFIRM THE IMPORTANCE OF HEALTH, SAFETY AND DRINKING 
WATER PROTECTION AND VOTE NO ON THE PROPOSED ORDINANCES 
210a AND 211a. 
Susie Navetta, President 
Adopted: October, 1 2011 
Mark Chandler 
Dave Gossel in 
Comments to the Dunes City Council, November 10, 2011 
Regarding Proposed Ordinances 210A and 211A 
by John Stead. 
Dunes City's Responsibility 
Dune City's founders extended the city's border across Woahink lake, at 
Honeyman State Park placing the majority of Woahink Lake under the 
stewardship of Dunes City. This stewardship as expressed in the City's 
Comprehensive Plan Policies B5 through B9, El through E6 and Oregon's 
Statewide Planning Goal 6, is passed on as a legacy to the present City 
Council. Particular attention is called to Policy E6, which states, "The City 
shall adopt a program to improve maintenance of septic systems for the 
benefit of residents. . T h e Council responded by adopting Ordinance 173, 
and updating it as Ordinance 203. 
Planning Commission's Responsibility 
It is the Planning Commission's duty to recommend to the Council 
ordinances intended to carry out the purposes, principles, and proposals 
expressed in the Comprehensive Plan [Ordinance 32.67 (1)]. Following the 
October27th public hearing, the Commission determined to recommend 
neither ordinance, then following considerable discussion took action to 
recommend both proposed ordinances to the council. 
Consider the following: 
1. According to the Forest Service's "Coastal Lakes Watershed Analysis", 
"Eutrophi cation of Woahink and Siltcoos Lakes is particularly alarming . . . a 
1972 survey of septic tanks found that 26% of all tanks within 100 feet of the 
lake were performing unsatisfactorily (Lane County, 1978). Where systems 
had failed, sewage was coming to the ground surface very near the lake and 
in winter almost certainly drained there. ... [And], 
"If nutrient levels continue to increase relatively unchecked by State or 
County officials, problems such as those in Tenmile Lake south of this 
watershed will begin to take place. In Tenmile Lake, toxic algal blooms 
(Microcystis) have made water unsafe for drinking or recreation during 
certain times of year with uncertainty of its long-term effects on public safety 
and the viability of local tourism." 
[U.S. Forest Service / Siuslaw National Forest, "Coastal Lakes 
Watershed Analysis", (1999) Pages 48 and 49] 
bxhiW- S 
2. According to DEQ, "You can avoid costly repairs by having your septic 
tank inspected on a regular basis for solids accumulation. When the solids 
accumulation is greater than40 percent, have your septic tank pumped by a 
DEQ-hcensed pumper. 
[http ://www. deq. state.or .us/wq/onsite/aboutseptic.htm] 
3. Lane County Sanitation says, "A septic tank drainfield system requires 
regular maintenance to function properly. You can make this maintenance 
easier by keeping a diagram showing the location of your house, septic tank 
manholes, piping and soil absorption system. Periodic pumping of the septic 
tank will be necessary." 
[h ttp: //www , 1 an ecounty. or g/D ep artment s/P W/LMD/ S ani tati on /Page s/ 
septic.aspx] 
4. Dunes City's Drinking Water Source Assessment and Potential Planning 
Strategies, December 2002, page 13, specify that the city should develop a 
septic maintenance and upgrade program requiring periodic testing and 
inspection of septic systems. 
5. The Model Ordinance for Eugene Water and Electric Board Surface Water 
Drinking Water Protection Overlay Zone (DWP) says, ".. .owners of septic 
systems within the DWP are required to have their septic system inspected 
within one year of the ordinances effective date and every five years 
thereafter." 
[http://www.lanecounty.org/Departments/^ 
eptic.aspx] 
6. DEQ recommend that septic systems be pumped approximately every 
three - six years. (Copy Attached). 
[DEQ Fact Sheet, Septic Tank Maintenance. 10/6/00] 
Question to be Asked: 
Will the repeal of Ordinance 203 and adoption of 21 OA and / or 211A serve 
to restore and improve the water quality of Woahink, Little Woahink and 
Siltcoos Lakes for the benefit of Dunes City residents and the public? 
e x h i b i t 5 
Fact Sheet 
• 
4 
Septic Tank Maintenance 
Background 
The most common wastewater treatment system 
used in rural areas is the septic tank-soil 
absorption system. The septic tank removes 
solids from the wastewater, and the soil 
absorption field (drainfield) filters, treats and 
disposes of the septic tank effluent. 
Removing the solids from the wastewater 
protects the drainfield from clogging and early 
failure. The septic tank also stores the settled 
solids and allows biological digestion of some of 
these solids. 
How does a septic tank work? 
The septic tank removes solids by holding 
wastewater in the tank, which allows the solids 
to settle and scum to rise to the top. Incoming 
water should be held in the tank for at least 24 
hours in order to improve settling. Up to 50 
percent of the solids will decompose into liquids 
and gases. The remaining solids accumulate in 
the tank. 
Biological and chemical additives are not needed 
to aid or accelerate settling or decomposition. As 
a general rule, no solids other than human wastes 
and white toilet paper should be flushed. 
As the septic system is used, sludge continues to 
accumulate in the bottom of the septic tank. 
Properly designed tanks have enough capacity 
for three to eight years use before needing 
service. The tank should be checked each year 
starting with the third year to determine how 
much sludge is there. It is important to 
understand that septic tanks always appear full 
because both the inlet and the outlet are at the 
top of the tank. The homeowner needs to 
determine how much of the tankjjs volume is 
being taken up by solids, scum and sludge. When 
sludge and scum take up more than 35 percent of 
the tank volume, these solids need to be removed 
by pumping. 
Servicing a septic tank 
When too much sludge and scum are allowed to 
accumulate, the incoming sewage will not have 
enough time in the septic tank for solids to settle. 
Solids may flow to the drainfield and clog the 
drainfield, causing the sewage to overflow 
to the ground surface, where it exposes humans 
and animals to the disease-causing organisms in 
sewage. To prevent this from happening, it is 
very important to check the tank and have it 
serviced when needed. 
The drainfield may not fail immediately when a 
full tank is not pumped. However, the septic tank 
is no longer protecting the drainfield from solids. 
This creates inefficiencies in the drainfield and 
may allow contamination of the groundwater. 
Continued neglect will result in failure of the 
drainfield, and it may need to be replaced. 
The frequency of pumping depends on the size 
of the tank and what and how much goes down 
your drains. Use of a garbage disposal and 
excessive water use can increase pumping 
frequency. 
In Oregon, a 1,000 gallon septic tank is used for 
homes with up to four bedrooms. If four people 
live in a four-bedroom house, a 1,000 gallon tank 
may need to be pumped approximately every 
three years. If the same system serves a 
family of two, the tank would be ready for 
pumping every six years. Systems installed 
before the current rules and regulations may have 
smaller septic tanks and may need to be pumped 
more often. 
Cleaning the tank 
A septic tank pumper licensed by the Department 
of Environmental Quality (DEQ) can pump and 
clean your tank. It is a good idea to supervise the 
cleaning to ensure that is done properly. The 
material pumped out is known as "septage." 
To get all of the material from the tank, the scum 
layer must be broken up and the sludge layers 
stirred up into the liquid portion of the tank. This 
is usually done by pumping liquid from the tank 
and reinjecting it into the bottom of the tank. The 
septic tank should be pumped out through the 
large central service hole, not the sanitary tee or 
baffle inspection ports. Pumping out a tank 
through the inspection ports can cause damage. 
Before closing the tank, check the condition of 
the tees or baffles. If they are missing or 
deteriorated, replace them with sanitary tees. 
Never enter a septic tank. Any work to replace 
the baffles or repair the tank should be made 
from the outside. The septic tank produces toxic 
gases which can kill a person in a matter of 
minutes. When working on a tank from the 
outside, make sure the area is well ventilated and 
someone is standing by. Never go into a septic 
tank to retrieve someone who was overcome by 
toxic gases or the lack of oxygen without a 
self-contained breathing apparatus. In the event 
someone falls into a septic tank the best thing to 
State of Oregon 
Department of 
Environmental 
Quality 
Water Quality 
811 SWe*1 Avenue 
Portland, OR 97204 
Phone: (503)229-5408 
(800)452-4011 
Fax: {503)229-5279 
www,deq.state ATMS 
Last Updated: 10/06/00 
Exfcifeif 5 
Duna City Septic 11/10/11 
i know you have already decided to gut the protections to our 
drinking water but I have to say why I think you are wrong. 
Everyone knows Woahfnk is a unique lake, one of only three in 
the world like it And that since it is spring and rain fed the 
turnover time is much longer than most lakes, making pollution 
more difficult to deal with. 
Leaky septic systems in the watershed area do pollute our lake. 
There is no way of checking whether an old septic tank is 
leaking without pumping it dry to check for cracks. This is well 
established and non controversial fact 
Ten Mile Lake residents didn't want to spend the money to 
check their septic systems. Now it's too late. Their lake is dead, 
they can't drink the water. It will cost them more now because of 
their failure to plan for the protection of their lake. 
Reedsport has just had to install a six million dollar water 
treatment plant for their 3,000 people. Each house there now 
pays $150 per month for drinkable water. 
If you want to save money for our residents, as you have 
claimed, you will identify grant and low interest loan funding for 
people than can't afford to repair their septic system. This is the 
cheapest and most effective way to protect our drinking water. 
exhibit 5 
S ^ f k Z i i n/io/^a 
I was recently asked to show someone scientific studies that ^fif 
demonstrates a connection between leaking septic systems and 
harm to lake water. I buried myself in research for a couple of 
days and have come up with hundreds, if not thousands, of such 
scientific evidence, with the oldest - perhaps the first, being done 
in the 1930's in the State of New York. I won't bore you with the 
details of all the studies I located between 1930 and today, but I 
can tell you of one study in Nevada that traced a special dye as it 
migrated for 22 miles underground, where it finally came back to 
the surface in the marshlands. The most recent study is one that 
was released by Stanford University last fall which actually traced 
the pollution plume of a leaking septic system into the groundwater 
and out into the ocean at Stinson Beach in Northern California. 
None of these studies, however, were done on Siltcoos or Woahink 
Lakes where soil structures are likely different. 
But even though we do not have a specific scientific study that 
says leaking septics contribute to the detriment of water quality in 
Woahink and Siltcoos Lakes, the undisputable, scientifically 
proven truth is, like it or not, leaking septic systems pollute nearby 
water sources, be they above or below the ground everywhere else 
in the world. 
I am a proponent of the old saying: "An ounce of prevention is 
worth a pound of cure." I encourage you to think about the 
potential consequences. If the City Council decides our lakes are 
not harmed by leaking septic systems and votes to do away with 
mandated septic inspections, what happens if they're wrong? 
Now, instead of paying six to nine hundred dollars every five years 
or so, we're looking at paying $60 or $70 dollars a month, on top 
of additional taxes, to pay for the sewer system the federal 
government is going to require. And don't think they won't 
require it. Ask the folks in Lake County, California. In fact, you 
don't even need to go that far to ask - just ask the folks over in 
exhibit 5 
Powers. There having to put in a $3 million sewer system for the 
600 homes there. All because the pollution from their septic 
systems is showing up in the South Fork of the Coquille. Which 
would you rather pay for - a sewer system for everyone or the 
occasional septic inspection? I, for one, say septic inspections. 
A looming question is whether Dunes City can enforce an 
ordinance. The ordinance only requires inspection, so if someone 
does not comply, then, after following the appropriate process, the 
City can do the inspection. If an inspection shows the system to 
have failed, the City now has solid proof to provide to the County 
or State that a violation has occurred. The County and/or State 
would then HAVE to step in and take care of the problem. The 
solid proof is the key 
Knowing as many of the people that live in Dunes City as I do, 
however, I really don't expect there to be too many who don't 
comply Most of us are good, responsible adults who care about 
our neighbors and our environment - particularly when it comes to 
our drinking water resources. As for the ones who can't afford it, 
there is financial assistance available from the Department of 
Agriculture, Rural Development. They have specific funding 
programs available to assist low income homeowners with just this 
sort of maintenance. 
I encourage my colleagues on the council to err on the side of 
caution. Either support Ordinance No. 21 OA, leave Ordinance No. 
203 in place, or come up with some other amendments that address 
concerns raised, but do not support Ordinance No. 211 A. 
E M ki t U 
anes City Hall 
3 Box 97 
restlake, OR 97493 
fasrclAss 
Attn: Plan Amendment Specialist 
DLCD 
635 Capitol Street NE, Ste 150 
Salem, OR 97301-2540