2007 Oregon Code - Chapter 454 :: Chapter 454 - Sewage Treatment and Disposal Systems
Chapter 454 —
Sewage Treatment and Disposal Systems
2007 EDITION
SEWAGE TREATMENT AND DISPOSAL SYSTEMS
PUBLIC HEALTH AND SAFETY
TREATMENT WORKS
454.010Â Â Â Â Definitions
for ORS 454.010 to 454.040
454.020Â Â Â Â Compliance
with state and federal standards; enforcement
454.025Â Â Â Â Limitation
on siting or constructing treatment works or discharge
454.030Â Â Â Â Rates
and charges to meet costs of treatment works; use of funds; enforcement
454.040Â Â Â Â Determination
of costs payable by users
454.050Â Â Â Â Rules
454.060Â Â Â Â Powers
in addition to other municipal or commission powers
FINANCING OF DISPOSAL SYSTEMS
454.105Â Â Â Â Definitions
for ORS 454.105 to 454.175
454.115Â Â Â Â Authority
over disposal systems
454.125Â Â Â Â Bond
election
454.135Â Â Â Â Bonds
issued to finance disposal system
454.145Â Â Â Â Bond
content
454.155Â Â Â Â Refunding
bonds
454.165Â Â Â Â Joint
agreements for construction and financing of disposal systems
454.175Â Â Â Â Agreements
with industrial establishment
DISPOSAL OF SEWAGE; RATES AND CHARGES
454.205    “Municipality”
defined
454.215Â Â Â Â Authority
over disposal systems
454.225Â Â Â Â Rates
and charges; collection
454.235Â Â Â Â Election;
bonds; when election required; compelling election; when bonds can be ordered
sold
454.245Â Â Â Â Serial
bonds; term and content; interest; amount
454.255Â Â Â Â Plans
and cost estimates; examination by electors
CONSTRUCTION OF SEWAGE TREATMENT WORKS;
PROVISION OF SERVICES
454.275Â Â Â Â Definitions
for ORS 454.275 to 454.380
454.280Â Â Â Â Construction
of treatment works by municipality; financing
454.285Â Â Â Â Resolution
or ordinance
454.290Â Â Â Â Study;
preliminary plans
454.295Â Â Â Â Commission
review; hearing; notice
454.300Â Â Â Â Conduct
of hearing; notice of issuance of findings; petition for argument
454.305Â Â Â Â Effect
of findings; exclusion of areas; filing of findings
454.310Â Â Â Â Construction
authorized upon commission approval; when connection may be required; final
plans
454.317Â Â Â Â Resolution
or ordinance authorizing levy and collection of seepage charge
454.320Â Â Â Â Hearing
on resolution or ordinance; notice of levy
454.330Â Â Â Â County
to collect seepage charge for municipality
454.340Â Â Â Â Use
of seepage charge; credit for system development charge; seepage charge to
cease if user fee imposed
454.350Â Â Â Â Effect
of ORS 454.317 to 454.350 on contracts between municipalities
454.360Â Â Â Â Areawide
208 Plan as master plan for provision of sewage services
454.365Â Â Â Â Safety
net program to provide financial relief
454.370Â Â Â Â Citizens
sewer advisory committee; membership; duties
454.375Â Â Â Â Filing
documentation of sewer charges; prohibited charges
454.380Â Â Â Â Limitation
on spending for nonconstruction items; exception
ASSESSMENT DEFERRAL LOAN PROGRAM
454.430Â Â Â Â Definitions
for ORS 454.430 to 454.445
454.433Â Â Â Â Policy
454.436Â Â Â Â Assessment
Deferral Loan Program Revolving Fund; uses; sources
454.439Â Â Â Â Conditions
for program; administrative expenses; priority; report
454.442Â Â Â Â Application
for loan; terms and conditions
454.445Â Â Â Â Lien
against assessed property; docket; enforcement
STATE AID FOR CONSTRUCTION OF MUNICIPAL
SEWAGE TREATMENT WORKS
454.505Â Â Â Â Definitions
for ORS 454.505 to 454.535
454.515Â Â Â Â Grants
authorized; criteria considered
454.525Â Â Â Â Contracts
with municipalities; rules
454.535Â Â Â Â Sewage
Treatment Works Construction Account
REGULATION OF SUBSURFACE SEWAGE DISPOSAL
454.605Â Â Â Â Definitions
for ORS 454.605 to 454.755
454.607Â Â Â Â Policy
454.610Â Â Â Â Regulation
of gray water discharge
454.615Â Â Â Â Standards
for sewage disposal systems and disposal facilities
454.625Â Â Â Â Rules
454.635Â Â Â Â Notice
of violation; service; request for hearing; conduct of hearing; order
454.640Â Â Â Â Contract
agent enforcement of standards
454.645Â Â Â Â Enforcement
when health hazard exists
454.655Â Â Â Â Permit
required for construction; application; time limit; special application
procedure for septic tank installation on parcel of 10 acres or more
454.657Â Â Â Â Variance
from subsurface sewage disposal system rules or standards; conditions; hearing
454.660Â Â Â Â Delegation
of variance powers; appeal; qualification of officers; hearing and decision
454.662Â Â Â Â Variance
fee; low income elderly exemption
454.665Â Â Â Â Inspection
of completed construction; certificate of satisfactory completion; appeal from
denial or revocation of certificate
454.675Â Â Â Â Exemptions;
application to alterations or repairs
454.685Â Â Â Â Order
limiting or prohibiting construction of sewage disposal systems; factors to be
considered
454.695Â Â Â Â License
required to perform sewage disposal services; application; rules
454.705Â Â Â Â Bond;
content; action on bond; notice of bond
454.710Â Â Â Â Deposit
in lieu of bond
454.715Â Â Â Â Suspension
or revocation of license
454.725Â Â Â Â Contracts
with local governments
454.745Â Â Â Â Permit,
service, report, variance and license fees; refund; waiver
454.755Â Â Â Â Fees
for certain reports on sewage disposal
SEPTAGE
454.782Â Â Â Â Definitions
for ORS 454.782 to 454.800
454.784Â Â Â Â Policy
454.787Â Â Â Â Findings
454.790Â Â Â Â Permit
or license required to collect, store, transport, treat, recycle or dispose of
septage
454.792Â Â Â Â Rules
454.795Â Â Â Â County
regulation of septage
454.797Â Â Â Â Assessment
of county for expenses of rulemaking
454.800Â Â Â Â Land
application of septage; permit requirements
REQUIRED CONNECTIONS
454.805Â Â Â Â Assessment
for installation costs
TREATMENT WORKS
     454.010
Definitions for ORS 454.010 to 454.040. As used in ORS 454.010 to 454.040, unless the context requires
otherwise:
     (1) “Construction” means any one or more
of the following: Preliminary planning to determine the feasibility of
treatment works, engineering, architectural, legal, fiscal, or economic
investigations or studies, surveys, designs, plans, working drawings,
specifications, procedures, or other necessary actions, erection, building,
acquisition, alteration, remodeling, improvement, or extension of treatment
works, or the inspection or supervision of any of the foregoing items.
     (2) “Industrial user” means a recipient of
treatment works services for any liquid, gaseous, radioactive or solid waste
substance or a combination thereof resulting from any process of industry,
manufacturing, trade or business or from the development or recovery of any
natural resources.
     (3) “Municipality” means any county, city,
special service district or other governmental entity having authority to
dispose of or treat or collect sewage, industrial wastes or other wastes, or
any combination of two or more of the foregoing acting jointly.
     (4) “Replacement” means those expenditures
for obtaining and installing equipment, accessories, or appurtenances during the
useful life of the treatment works necessary to maintain the capacity and
performance for which such works are designed and constructed.
     (5)(a) “Treatment works” means any devices
and systems used in the storage, treatment, recycling, and reclamation of
municipal sewage or industrial wastes, of a liquid nature, necessary to recycle
or reuse water at the most economical cost over the estimated life of the
works, including intercepting sewers, outfall sewers, sewage collection
systems, pumping, power, and other equipment, and their appurtenances;
extensions, improvements, remodeling, additions, and alterations thereof;
elements essential to provide a reliable recycled supply such as standby
treatment units and clear well facilities; and any works, including site
acquisition of the land that will be an integral part of residues resulting
from such treatment.
     (b) In addition to the definition
contained in paragraph (a) of this subsection, “treatment works” means any
other method or system for preventing, abating, reducing, storing, treating,
separating, or disposing of municipal waste, including storm water runoff, or
industrial waste, including waste in combined storm water and sanitary sewer
systems. [1973 c.101 §2]
     454.020
Compliance with state and federal standards; enforcement. The Environmental Quality Commission may
require each user of the treatment works of a municipality to comply with the
toxic and pretreatment effluent standards and inspection, monitoring and entry
requirements of the Federal Water Pollution Control Act, as enacted by
Congress, October 18, 1972, and acts amendatory thereof or supplementary
thereto, and federal regulations and guidelines issued pursuant thereto. The
commission may institute actions or proceedings for legal or equitable remedies
to enforce such compliance. [1973 c.101 §5; 1979 c.284 §146]
     454.025
Limitation on siting or constructing treatment works or discharge. After January 1, 1991, no point source
sewage treatment discharge shall be sited or constructed in the area generally
defined as the
     454.030
Rates and charges to meet costs of treatment works; use of funds; enforcement. (1) A municipality is authorized to adopt a
system of charges and rates to assure that each recipient of treatment works
services within the municipalityÂ’s jurisdiction or service area will pay its
proportionate share of the costs of operation, maintenance and replacement of
any treatment works facilities or services provided by the municipality.
     (2) A municipality is authorized to
require industrial users of its treatment works to pay to the municipality that
portion of the cost of construction of the treatment works which is allocable
to the treatment of such industrial userÂ’s wastes. The Department of
Environmental Quality is authorized to determine whether the payment required
of the industrial user for the portion of the cost of the construction of the
treatment works is properly allocable to the treatment of the industrial userÂ’s
wastes.
     (3) A municipality is authorized to retain
the amounts of the revenues derived from the payment of costs by industrial
users of its treatment works services and expend such revenues, together with
interest thereon, for:
     (a) Repayment to applicable agencies of
government of any grants or loans made to the municipality for construction of
the treatment works; and
     (b) Future expansion and reconstruction of
the treatment works; and
     (c) Other municipal purposes.
     (4) A municipality shall keep records,
financial statements and books regarding its rates and charges and amounts
collected on account of its treatment works and how such revenues are
allocated. The Department of Environmental Quality may inspect such records,
financial statements and books, audit them, or cause them to be audited, at
such intervals as deemed necessary.
     (5) In the event a municipality fails,
neglects or refuses when required by the Environmental Quality Commission to
adopt the system of charges and rates authorized by this section, or fails,
neglects or refuses to comply with ORS 454.010 to 454.060, the commission may
adopt a system of charges and rates as provided for in subsection (1) of this
section and collect, administer and apply such revenues for the purposes of subsection
(3) of this section.
     (6) In lieu of proceeding in the manner
set forth in subsection (5) of this section, the commission may institute
actions or proceedings for legal or equitable remedies to enforce compliance
with, or restrain violations of, ORS 454.010 to 454.060. [1973 c.101 §3; 1979
c.284 §147]
     454.040
Determination of costs payable by users. In determining the amount of treatment works costs to be paid by
recipients of treatment works services, the municipality or, if applicable, the
Environmental Quality Commission shall consider the strength, volume, types and
delivery flow rate characteristics of the waste; the nature, location and type
of treatment works; the receiving waters; and such other factors as deemed
necessary. [1973 c.101 §4]
     454.050
Rules. The Environmental
Quality Commission may adopt, modify or repeal rules, pursuant to ORS chapter
183, for the administration and implementation of ORS 454.010 to 454.060. [1973
c.101 §6]
     454.060
Powers in addition to other municipal or commission powers. The powers and authority granted to a
municipality or the Environmental Quality Commission by ORS 454.010 to 454.050
are in addition to, and not in lieu of, or derogation of any other powers and
authority vested in a municipality or the commission pursuant to law. [1973
c.101 §7]
FINANCING OF
DISPOSAL SYSTEMS
     454.105
Definitions for ORS 454.105 to 454.175. As used in ORS 454.105 to 454.175, unless the context requires
otherwise:
     (1) “Disposal system” means that term as
defined in ORS 468B.005.
     (2) “Municipality” means a city, county,
county service district, sanitary authority or sanitary district. [Formerly
449.405]
     454.115
Authority over disposal systems. (1) In order to facilitate the abatement, elimination or control of
the pollution of waters and streams, any municipality may:
     (a) Construct, reconstruct, improve,
extend, repair, equip or acquire disposal systems, within or without the
municipality.
     (b) Accept grants or loans or other aid
from the
     (c) Enter into all necessary agreements.
     (d) Issue revenue bonds of the
municipality without limitation as to amount.
     (2) The powers conferred by ORS 454.105 to
454.175 are in addition to and supplemental to the powers conferred by any
other law and not in substitution for any right, powers or privileges vested in
a municipality. [Formerly 449.410]
     454.125
Bond election. Before any
bonds may be issued under ORS 454.115, their issuance must first be approved by
a majority of the electors voting on the proposition at either a general
election or at a special election, to be called, held and conducted in the same
manner as special elections on the proposition of issuing general obligation
bonds. [Formerly 449.415]
     454.135
Bonds issued to finance disposal system. (1) The bonds issued under ORS 454.115 shall be payable from that
portion of the earnings of the disposal system of the municipality which is
pledged to their payment, and they shall have a lien of such priority on the
earnings as is specified in the proceedings providing for their issuance.
     (2) The governing body may provide that
the bonds, or such ones thereof as may be specified, shall, to the extent and
in the manner prescribed, be subordinated and be junior in standing, with
respect to their payment of principal, interest and security, to such other
bonds of the municipality as are designated.
     (3) The bonds shall bear such date, may be
issued in such amounts, may be in such denominations, may mature in such
amounts and at such time, shall be payable at such place, may be redeemable,
either with or without premium, or nonredeemable, may carry such registration
privileges, and may be executed by such officers and in such manner as is
prescribed by the governing body.
     (4) In case any of the officers whose
signatures appear on the bonds or coupons cease to be officers before delivery
of the bonds, the signatures, whether manual or facsimile shall, nevertheless,
be valid and sufficient for all purposes, the same as if such officers had
remained in office until delivery.
     (5) The bonds so issued shall bear
interest at a rate to be fixed by the governing body payable at times to be
fixed by the governing body.
     (6) The bonds shall be sold at public
sale. However, they may be sold at private sale to the
     454.145
Bond content. Bonds issued
under ORS 454.115 or the proceedings of the governing body authorizing their
issuance may contain such covenants as the governing body considers advisable
concerning:
     (1) Rates or fees to be charged for
services rendered by the disposal system, the revenue of which is pledged to
the payment of such bonds.
     (2) Deposit and use of the revenue of such
disposal system.
     (3) Issuance of additional bonds payable
from the revenue of such disposal system.
     (4) Rights of the bondholders in case of
default in the payment of the principal of or interest on the bonds, including
the appointment of a receiver to operate such disposal system. [Formerly
449.425]
     454.155
Refunding bonds. (1) The
governing body of every municipality by ordinance or resolution without prior
approval of the electors may issue and exchange or sell refunding revenue bonds
to refund, pay or discharge all or any part of its outstanding revenue bonds,
including interest thereon, if any, in arrears or about to become due.
     (2) All other relevant provisions in ORS
454.105 to 454.175 pertaining to revenue bonds shall be applicable to the refunding
revenue bonds, including their terms and security, the rates and other aspects
of the bonds. [Formerly 449.430]
     454.165
Joint agreements for construction and financing of disposal systems. (1) Any two, or more, municipalities,
counties or other political subdivisions, notwithstanding any limitation or
provision of municipal charter to the contrary, may, through their respective
governing bodies, enter into and perform such contracts and agreements as they
consider proper for or concerning the planning, construction, lease or other
acquisition and the financing of the disposal system and the maintenance and
operation thereof.
     (2) Municipalities, counties or other
political subdivisions so contracting with each other may also provide in any
contract or agreement for a board, commission or such other body as their
governing bodies consider proper for the supervision and general management of
the disposal system and for the operation thereof, and may prescribe its powers
and duties and fix the compensation of the members thereof. [Formerly 449.435]
     454.175
Agreements with industrial establishment. When determined by its governing body to be in the public interest and
necessary for the protection of the public health, any municipality may enter
into and perform contracts, whether long-term or short-term, with any
industrial establishment for the provision and operation by the municipality of
the disposal system to abate or reduce the pollution of waters caused by
discharges of industrial wastes by the industrial establishment and the payment
periodically by the industrial establishment to the municipality of amounts at
least sufficient, in the determination of such governing body, to compensate
the municipality for the cost of providing, including payment of principal and
interest charges, and of operating and maintaining the disposal system serving
such industrial establishment. [Formerly 449.440]
DISPOSAL OF
SEWAGE; RATES AND CHARGES
     454.205
“Municipality” defined. As
used in ORS 454.205 to 454.255, “municipality” includes an incorporated city, a
metropolitan service district, a sanitary district, a sanitary authority, a
county service district, or any other special district authorized to treat and
dispose of sewage. [1973 c.213 §2]
     454.215
Authority over disposal systems. (1) Any municipality may own, acquire, construct, equip, operate and
maintain, either within or without its statutory or corporate limits, in whole
or in part, disposal systems with all appurtenances necessary, useful or
convenient for the collection, treatment and disposal of sewage. The
municipality may acquire by gift, grant, purchase or condemnation necessary
lands and rights of way therefor, either within or without its statutory or
corporate limits. For the purpose of acquiring property for such uses, the
municipality may invoke and shall have the rights, powers and privileges
granted to public corporations under the provisions of existing or future laws
pertaining to this subject.
     (2) The authority given by ORS 454.205 to
454.255 shall be in addition to, and not in derogation of any power existing in
the municipality under any constitutional, statutory or charter provisions now
or hereafter existing. [1973 c.213 §3]
     454.225
Rates and charges; collection.
The governing body of the municipality may establish just and equitable rates
or charges to be paid for the use of the disposal system by each person, firm
or corporation whose premises are served thereby, or upon subsequent service
thereto. If the service charges so established are not paid when due, the
amounts thereof, together with such penalties, interests and costs as may be
provided by the governing body of the municipality may be recovered in an
action at law, or if the municipality does not have the ability to collect sewerage
disposal charges in connection with or as part of the charge for another
service or utility that can be curtailed to secure collection, the charge may
be certified and presented after July 15 and on or before the following July 15
to the tax assessor of the county in which the municipality is situated and be
by the assessor assessed against the premises serviced on the next assessment
and tax roll prepared after July 15. Once the service charges are certified and
presented to the assessor, the payment for the service charges must be made to
the tax collector pursuant to ORS 311.370. Such payment shall be made by the
person responsible for the delinquent service charge or by the municipality who
has received payment for the delinquent service charge. These charges shall
thereupon be collected and paid over in the same manner as other taxes are
certified, assessed, collected and paid over. [1973 c.213 §4; 1979 c.350 §19;
1991 c.459 §409; 1995 c.79 §228]
     454.235
Election; bonds; when election required; compelling election; when bonds can be
ordered sold. (1) The
governing body of the municipality, by proposed charter amendment or ordinance,
may refer the question of acquiring and constructing a disposal or water
system, as defined in ORS 448.115, to a vote of its electors, and after
approval thereof by a majority of such electors, may authorize the issuance of
and cause to be issued bonds of the municipality for such purposes. The bonds
may be general obligation, limited obligation or self-liquidating in character
in a sum not more than the amount authorized at such election and shall be
subject to ORS 454.205 to 454.255. The bonds may provide for payment of
principal and interest thereon from service charges to be imposed by the
governing body for services to be extended through employment and use of the
disposal or water system. If service charges are imposed to be paid as provided
in ORS 454.225, such portion thereof as may be deemed sufficient shall be set
aside as a sinking fund for payment of interest on the bond and the principal
thereof at maturity.
     (2)(a) When the Environmental Quality
Commission or the Department of Human Services enters an order pursuant to ORS
chapter 183 that requires the acquisition or construction of a disposal system
or a water system in a municipality, respectively, the governing body of the
municipality shall refer to its electors the question of a bond issue in an
amount sufficient to finance the necessary acquisition or construction of such
disposal or water system. The election shall be held within one year of the
date the order of the commission or department is entered.
     (b) If, within eight months after the
order of the commission or department, the governing body of the municipality
has not called an election in compliance with paragraph (a) of this subsection,
the commission or department, whichever is appropriate, may apply to the
circuit court of the county in which the municipality is located, or to the
Circuit Court of Marion County for an order compelling the holding of an
election.
     (c) If the electors do not approve the
disposal system bond issue, submitted pursuant to paragraph (a) or (b) of this
subsection, the commission may apply to the circuit court of the county in
which the municipality is located or to the Circuit Court of Marion County for
an order directing that self-liquidating bonds of the municipality be issued
and sold pursuant to ORS 454.205 to 454.255, and directing that the proceeds be
applied to the acquisition or construction of a disposal system required to
comply with the final order of the commission. If the court finds that the
disposal system required by the final order of the commission is necessary
under the rules or standards of the commission, it shall issue an order
directing that such bonds be issued and sold without elector approval in such
an amount as the court finds necessary to acquire or construct such disposal
system, and that the proceeds be applied for such purposes.
     (d) Any court proceeding authorized by
paragraphs (b) and (c) of this subsection shall be advanced on the court docket
for immediate hearing. [1973 c.213 §5; 1981 c.749 §22]
     454.245
Serial bonds; term and content; interest; amount. (1) The governing body of the municipality
may determine the maturities and tenor of the bonds issued under ORS 454.235.
However, the bonds shall be serial in character in accordance with present or
future provisions of law or the charter. They shall be payable in not to exceed
40 years from the date of issuance thereof, and shall be sold at a price to net
the municipality not less than the par value thereof with accrued interest.
They shall bear interest at not to exceed six percent per annum payable
semiannually.
     (2) The amount of any bonds issued under
ORS 454.205 to 454.255 shall not be within any limitation of indebtedness fixed
by law or charter, but shall be in addition thereto. [1973 c.213 §§6,7]
     454.255
Plans and cost estimates; examination by electors. Before calling any election under ORS
454.235, the governing body of the municipality shall cause to be prepared
plans, specifications and estimates of costs of any proposed disposal or water
system, as defined in ORS 448.115, to be voted upon, which may be examined by
any elector of the municipality. [1973 c.213 §8; 1981 c.749 §23]
CONSTRUCTION
OF SEWAGE TREATMENT WORKS; PROVISION OF SERVICES
     454.275
Definitions for ORS 454.275 to 454.380. As used in ORS 454.275 to 454.380:
     (1) “Affected area” means an area subject
to an order of the commission issued under ORS 454.305.
     (2) “Commission” means the Environmental
Quality Commission.
     (3) “Governing body” means a board of
commissioners, county court or other managing board of a municipality.
     (4) “Municipality” means a city, county,
county service district, sanitary district, metropolitan service district or
other special district authorized to treat or dispose of sewage in any county
with a population exceeding 400,000 according to the latest federal decennial
census.
     (5) “Subsurface sewage disposal system”
has the meaning given that term in ORS 454.605.
     (6) “Threat to drinking water” means the
existence in any area of any three of the following conditions:
     (a) More than 50 percent of the affected
area consists of rapidly draining soils;
     (b) The ground water underlying the affected
area is used or can be used for drinking water;
     (c) More than 50 percent of the sewage in
the affected area is discharged into cesspools, septic tanks or seepage pits
and the sewage contains biological, chemical, physical or radiological agents that
can make water unfit for human consumption; or
     (d) Analysis of samples of ground water
from wells producing water that may be used for human consumption in the
affected area contains levels of one or more biological, chemical, physical or
radiological contaminants which, if allowed to increase at historical rates,
would produce a risk to human health as determined by the local health officer.
Such contaminant levels must be in excess of 50 percent of the maximum
allowable limits set in accordance with the Federal Safe Drinking Water Act.
     (7) “Treatment works” has the meaning
given that term in ORS 454.010. [1981 c.358 §1; 1983 c.235 §7; 1987 c.627 §8]
     454.280
Construction of treatment works by municipality; financing. Notwithstanding the provisions of ORS
chapters 450, 451 and 454, or any city or county charter, treatment works may
be constructed by a municipality and financed by the sale of general obligation
bonds, revenue bonds or assessments against the benefited property without a
vote in the affected area or municipality or without being subject to a
remonstration procedure, when the findings and order are filed in accordance
with ORS 454.310. The provisions of ORS 223.205 to 223.314 and 223.770 shall
apply in so far as practicable to any assessment established as a result of
proceedings under ORS 454.275 to 454.380. [1981 c.358 §2; 1995 c.333 §18; 1997
c.249 §153]
     454.285
Resolution or ordinance. (1)
The governing body may adopt by resolution or ordinance a proposal to construct
sewage treatment works and to finance the construction by revenue bonds,
general obligation bonds or by assessment against the benefited property.
     (2) The resolution or ordinance shall:
     (a) Describe the boundaries of the
affected area which must be located within a single drainage basin as
identified in regional treatment works plans; and
     (b) Contain findings that there is a
threat to drinking water.
     (3) The proposal must be approved by a
majority vote of the governing body and does not require the approval of the
residents or landowners in the affected area or municipality.
     (4) The governing body shall forward a
certified copy of the resolution or ordinance to the Environmental Quality
Commission. Preliminary plans and specifications for the proposed treatment
works shall be submitted to the commission with the resolution or ordinance. [1981
c.358 §3; 1983 c.235 §8]
     454.290
Study; preliminary plans.
(1) The governing body shall order a study and the preparation of preliminary
plans and specifications for the treatment works.
     (2) The study shall include:
     (a) Engineering plans demonstrating the
feasibility of the treatment works and conformance of the plan with regional
treatment works plans.
     (b) Possible methods for financing the
treatment works.
     (c) The effect of the treatment works on
property in the affected area. [1981 c.358 §4]
     454.295
Commission review; hearing; notice. (1) After receiving a certified copy of a resolution or ordinance
adopted under ORS 454.285, the Environmental Quality Commission shall review
and investigate conditions in the affected area. If substantial evidence
reveals the existence of a threat to drinking water, the commission shall set a
time and place for a hearing on the resolution or ordinance. The hearing shall
be held within or near the affected area. The hearing shall be held not less
than 50 days after the commission completes its investigation.
     (2) The commission shall give notice of
the time and place of the hearing on the resolution or ordinance by publishing
the notice of adoption of the resolution or ordinance in a newspaper of general
circulation within the affected area once each week for two successive weeks
beginning not less than four weeks before the date of the hearing and by such
other means as the commission deems appropriate in order to give actual notice
of the hearing. [1981 c.358 §5]
     454.300
Conduct of hearing; notice of issuance of findings; petition for argument. (1) At the hearing on the resolution or
ordinance, any interested person shall have a reasonable opportunity to be
heard or to present written testimony. The hearing shall be for the purpose of
determining whether a threat to drinking water exists in the affected area,
whether the conditions could be eliminated or alleviated by treatment works and
whether the proposed treatment works are the most economical method to
alleviate the conditions. The hearing may be conducted by the Environmental
Quality Commission or by a hearings officer designated by the commission. After
the hearing the commission shall publish a notice of issuance of its findings
and recommendations in the newspaper used for the notice of hearing under ORS
454.295 (2), advising of the opportunity for argument under subsection (2) of
this section.
     (2) Within 15 days after the publication
of notice of issuance of findings any person or municipality that will be
affected by the findings may petition the commission to present written or oral
arguments on the proposal. If a petition is received, the commission shall set
a time and place for argument. [1981 c.358 §6]
     454.305
Effect of findings; exclusion of areas; filing of findings. (1) If the Environmental Quality Commission
finds a threat to drinking water does exist but treatment works would not
alleviate the conditions, the commission shall terminate the proceedings.
     (2) If the commission finds a threat to
drinking water exists within the territory and the conditions could be removed
or alleviated by the construction of treatment works, the commission shall
order the governing body to proceed with construction of the treatment works.
     (3) If the commission finds that a threat
to drinking water exists in only part of the affected area or that treatment
works would remove or alleviate the conditions in only part of the affected
area, the commission may reduce the affected area to the size in which the
threat to drinking water could be removed or alleviated. The findings shall
describe the boundaries of the affected area as reduced by the commission.
     (4) In determining whether to exclude any
area, the commission must consider whether or not exclusion would unduly
interfere with the removal or alleviation of the threat to drinking water and
whether the exclusion would result in an illogical boundary for the provision
of services.
     (5) If the commission determines that a
threat to drinking water exists but that the proposed treatment works are not
the most economical method of removing or alleviating the conditions, the
commission may issue an order terminating the proceedings under ORS 454.275 to
454.380, or referring the resolution or ordinance to the municipality to
prepare alternative plans, specifications and financing methods.
     (6) At the request of the commission the
municipality or a boundary commission shall aid in determining the findings
made under subsections (3) and (4) of this section.
     (7) The commission shall file its findings
and order with the governing body of the municipality. [1981 c.358 §7]
     454.310
Construction authorized upon commission approval; when connection may be required;
final plans. (1) When a
certified copy of the findings and order approving the proposal is filed with
the governing body, the governing body shall order construction of the
treatment works and proceed with the financing plan as specified in the order.
As part of the construction of the treatment works, the governing body may
require property owners in the affected area to connect to the treatment works.
The governing body shall establish by ordinance the method the governing body
will use to enforce a mandatory connection requirement.
     (2) Within 12 months after receiving the
Environmental Quality CommissionÂ’s order the municipality shall prepare final
plans and specifications for the treatment works and proceed in accordance with
the time schedule to construct the facility. [1981 c.358 §8; 1989 c.559 §1]
     454.315 [1973 c.424 §2; repealed by 1975 c.167 §13]
     454.317
Resolution or ordinance authorizing levy and collection of seepage charge. (1) When a certified copy of the findings
and order approving the proposal is filed with the governing body as provided
in ORS 454.305, the governing body may adopt a resolution or ordinance
authorizing the levy and collection of a seepage charge upon all real
properties served by on-site subsurface sewage disposal systems, as defined in
ORS 454.605, within the boundaries of the affected area.
     (2) A resolution or ordinance adopted
under this section shall authorize the levy and collection of a seepage charge
only in an affected area located entirely within a single drainage basin as
identified in regional treatment works plans.
     (3) A resolution or ordinance adopted
under this section shall:
     (a) Describe the boundaries of the
affected area; and
     (b) Contain an estimate of the
commencement and completion dates for the proposed treatment works and a
proposed schedule for the extension of sewer service into the affected area. [1983
c.235 §2]
     454.320
Hearing on resolution or ordinance; notice of levy. (1) The governing body shall give notice of
the time and place of the hearing on the resolution or ordinance by publishing
the notice of the intent to adopt the resolution or ordinance in a newspaper of
general circulation within the affected area once each week for four successive
weeks and by such other means as the governing body deems appropriate in order
to give actual notice of the hearing. The hearing shall be held within or near
the affected area described in the resolution or ordinance. At the hearing on
the resolution or ordinance, any interested person shall have a reasonable
opportunity to be heard or to present written testimony. The hearing shall be
for the purpose of determining whether a seepage charge should be levied and
collected.
     (2) After the hearing held under this
section, the governing body shall publish a notice of the levy of the seepage
charge and thereafter proceed to levy and collect the seepage charge in such
amount as in the discretion of the governing body will provide revenues for the
payment of the principal and interest, in whole or in part, due on general
obligation bonds or on revenue bonds issued by the governing body to construct
the treatment works or to provide capital funds for the construction of
treatment works. [1983 c.235 §3]
     454.325 [1973 c.424 §3; repealed by 1975 c.167 §13]
     454.330
County to collect seepage charge for municipality. (1) The county in which a municipality is
levying a seepage charge under ORS 454.317 to 454.350 shall collect the seepage
charge for the municipality.
     (2) The county shall establish a separate
account for each ordinance or resolution adopted by a municipality and imposing
a seepage charge within the county. The seepage charges collected under an
ordinance or resolution shall be credited only to the account established for
that ordinance or resolution.
     (3) Moneys in an account established under
this section shall be disbursed only to the municipality for which the account
was established.
     (4) In order to receive funds under this
section, a municipality must notify the county that the Environmental Quality
Commission has ordered the governing body to proceed with construction of
treatment works as provided in ORS 454.305 (2). Upon such notification, the
county shall release funds from the appropriate account to the municipality. [1983
c.235 §4]
     454.335 [1973 c.424 §4; repealed by 1975 c.167 §13]
     454.340
Use of seepage charge; credit for system development charge; seepage charge to cease
if user fee imposed. (1) All
seepage charges levied and collected by the governing body shall be used for
the construction of treatment works.
     (2) System development charges for the
installation or replacement of cesspools or septic tanks shall not be imposed
by a municipality in any area in which seepage charges are imposed and
collected under ORS 454.317 to 454.350. If an owner of real property against
which seepage charges are imposed has already paid a system development charge
for the installation or replacement of cesspools or septic tanks for that real
property, the owner shall be allowed a credit against the seepage charge
otherwise payable in an amount equal to the system development charge.
     (3) When a user fee for the use of
treatment works is imposed upon real property, all seepage charges levied
against that real property shall cease.
     (4) The governing body shall, by
ordinance, allocate all of the seepage charges collected under ORS 454.317 to
454.350 for the purpose of allowing owners of real properties against which the
seepage charges are imposed a credit against the future connection charges or system
development charges otherwise due when those real properties are connected to
treatment works.
     (5) If the municipality levying the
seepage charges is not the municipality imposing the connection charges or
system development charges imposed at the time of connection to the treatment
works, then the municipality levying the seepage charges shall transfer those
seepage charges it has collected to the municipality imposing the connection
charges or system development charges imposed at the time of connection to the
treatment works. [1983 c.235 §6; 1985 c.680 §1]
     454.345 [1973 c.424 §5; repealed by 1975 c.167 §13]
     454.350
Effect of ORS 454.317 to 454.350 on contracts between municipalities. Nothing in ORS 454.317 to 454.350 prohibits
contracts between municipalities under which a municipality may provide
treatment facilities or services to another municipality. [1983 c.235 §5]
     454.355 [1973 c.424 §6; repealed by 1975 c.167 §13]
     454.360
Areawide 208 Plan as master plan for provision of sewage services. The Areawide 208 Plan, adopted pursuant to
the Federal Water Pollution Control Act of 1972, P.L. 92-500, as amended, and
any sewer implementation plan approved by the Environmental Quality Commission
under ORS 454.275 to 454.380 shall be the governing master plan for the
provision of sewage collection, treatment and disposal services by
municipalities in an affected area. Any substantial amendment to such plan
shall be submitted to and approved by the commission before taking effect. [1987
c.627 §2]
     454.365
Safety net program to provide financial relief. (1) Any municipality providing sewage
collection, treatment and disposal services within an affected area shall
approve and adopt a safety net program designed to provide financial relief to
eligible property owners who would experience extreme financial hardship if
required to pay costs associated with the construction of and connection to
treatment works.
     (2) A safety net program adopted under
subsection (1) of this section:
     (a) May include funds provided pursuant to
ORS 454.430 to 454.445 and 468.220.
     (b) May include, at the option of a
municipality, funds contributed by the municipality. However, a municipality
shall not be required to contribute such additional funds. [1987 c.627 §3]
     454.370
Citizens sewer advisory committee; membership; duties. (1) Each municipality providing sewage
collection, treatment and disposal services within an affected area shall,
after consultation with elected officials of the affected area, establish a
citizens sewer advisory committee composed of persons directly affected by the
order issued under ORS 454.305. The committee shall advise the Environmental
Quality Commission and the governing body of the municipality on matters
relating to the implementation of the commissionÂ’s order.
     (2) The members of each citizens sewer
advisory committee shall represent a cross section of businesses, homeowners
and renters in the affected area and others affected by the order. At least
two-thirds of the members shall reside or do business within the affected area.
At least one-third of the members shall be persons eligible for financial
relief under the safety net plan provided for in ORS 454.365 or persons who are
members of or represent organizations that serve or represent individuals with
low incomes or who are otherwise eligible for financial relief under the safety
net plan.
     (3) The citizens sewer advisory committee
shall provide the commission and the governing body of the municipality with a
copy of its minutes and recommendations. The municipality shall respond to any
recommendation made by the advisory committee.
     (4) Members of the citizens sewer advisory
committees shall serve without compensation.
     (5) The citizens sewer advisory committees
within the affected area may meet jointly as necessary to carry out their
responsibilities. [1987 c.627 §4; 1991 c.174 §1]
     454.375
Filing documentation of sewer charges; prohibited charges. (1) Before any property owner is required to
pay for construction of or connection to treatment works constructed pursuant
to ORS 454.275 to 454.380, the local governing body shall file with the
Environmental Quality Commission documentation that connection charges and user
charges levied for sewer service are based upon the cost of providing sewer service,
according to reasonable cost-of-service sewer utility ratemaking principles.
The existence of a city boundary shall not be used as a basis for imposing a
sewer user rate or connection fee differential unless there are documented cost
causative factors to justify the differential.
     (2) Any assessment imposed by a local
improvement district for the construction of treatment works pursuant to an
order of the commission under ORS 454.305 shall not include costs incurred
before September 27, 1987, that are associated with responding to litigation to
amend or reverse the order or with development of the plan for constructing
treatment works prepared pursuant to ORS 454.290. [1987 c.627 §§5,6]
     454.380
Limitation on spending for nonconstruction items; exception. (1) Not more than 20 percent of an
assessment imposed by a municipality through a local improvement district for
the construction of treatment works in an affected area pursuant to an order of
the Environmental Quality Commission under ORS 454.305 shall be used to pay for
nonconstruction items.
     (2) As used in subsection (1) of this
section, “nonconstruction items” includes engineering work, administrative
expenses and legal fees.
     (3) If a municipality submits the final
local improvement district report to the citizens sewer advisory committee
before final action of the governing body on the final local improvement
district report, the limitation contained in subsection (1) of this section
shall not apply. If the committee requests further documentation and
explanation regarding the report, the municipality shall provide such
information. Any findings of the committee following this review shall be
reported to the commission and to the governing body of the municipality, along
with any recommendations the committee may offer. [1987 c.627 §7]
     454.405 [Formerly 449.390; 1975 c.248 §1; 1987 c.158
§86; repealed by 1997 c.50 §1]
    Â
     454.415 [Formerly 449.395; 1975 c.248 §2; renumbered
468.742 and then 468B.055]
     454.425 [Formerly 449.400; 1975 c.248 §3; repealed
by 1997 c.50 §1]
ASSESSMENT
DEFERRAL LOAN PROGRAM
     454.430
Definitions for ORS 454.430 to 454.445. As used in ORS 454.430 to 454.445:
     (1) “Assessment” includes all costs, fees
or other charges for the construction of or connection to sewage treatment
works that are eligible for installment payments under ORS 223.205 to 223.775.
     (2) “Commission” means the Environmental
Quality Commission.
     (3) “Department” means the Department of
Environmental Quality.
     (4) “Extreme financial hardship” has the meaning
given within the assessment deferral programs adopted by public agencies and
approved by the Department of Environmental Quality.
     (5) “Public agency” means any state
agency, incorporated city, county, sanitary authority, county service district,
sanitary district, metropolitan service district or other special district
authorized to construct water pollution control facilities.
     (6) “Treatment works” means a sewage
collection system. [Formerly 468.970]
     Note: 454.430 to 454.445 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
454 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     454.433
Policy. It is declared to be
the policy of this state:
     (1) To provide assistance to property
owners who will experience extreme financial hardship resulting from payment of
assessed costs for the construction of treatment works required by a federal
grant agreement or an order issued by a state commission or agency.
     (2) To provide assistance through an
interest loan program to defer all or part of property assessments.
     (3) To capitalize an assessment deferral
loan program with moneys available in the Pollution Control Fund, available
federal funds or available local funds. [Formerly 468.973]
     Note: See note under 454.430.
     454.436
Assessment Deferral Loan Program Revolving Fund; uses; sources. (1) There is established the Assessment
Deferral Loan Program Revolving Fund separate and distinct from the General
Fund in the State Treasury. The moneys in the Assessment Deferral Loan Program
Revolving Fund are appropriated continuously to the Department of Environmental
Quality to be used for the purposes described in ORS 454.439.
     (2) The Assessment Deferral Loan Program
Revolving Fund may be capitalized from any one or a combination of the
following sources of funds in an amount sufficient to fund assessment deferral
loan programs provided for in ORS 454.439:
     (a) From the Water Pollution Control
Revolving Fund.
     (b) From capitalization grants or loans
from the Pollution Control Fund.
     (3) In addition to those funds used to
capitalize the Assessment Deferral Loan Program Revolving Fund, the fund shall
consist of:
     (a) Any other revenues derived from gifts,
grants or bequests pledged to the state for the purpose of providing financial
assistance to water pollution control projects;
     (b) All repayments of money borrowed from
the fund;
     (c) All interest payments made by
borrowers from the fund;
     (d) Any other fee or charge levied in
conjunction with administration of the fund; and
     (e) Any available local funds.
     (4) The State Treasurer may invest and
reinvest moneys in the Assessment Deferral Loan Program Revolving Fund in the
manner provided by law. All earnings from such investment and reinvestment
shall be credited to the Assessment Deferral Loan Program Revolving Fund. [Formerly
468.975]
     Note: See note under 454.430.
     454.439
Conditions for program; administrative expenses; priority; report. (1) The Department of Environmental Quality
shall use the moneys in the Assessment Deferral Loan Program Revolving Fund to
provide funds for assessment deferral loan programs administered by public
agencies that meet all of the following conditions:
     (a) The program demonstrates that
assessments or charges in lieu of assessments levied against benefited
properties for construction of treatment works required by a federal grant
agreement or by an order issued by a state commission or agency will subject
property owners to extreme financial hardship.
     (b) The governing body has adopted a
program and the department has approved the program.
     (c) The treatment works meets the
requirements of section 2, Article XI-H of the Oregon Constitution concerning
eligibility of pollution control bond funds.
     (2) The department also may use the moneys
in the Assessment Deferral Loan Program Revolving Fund to pay the expenses of
the department in administering the Assessment Deferral Loan Program Revolving
Fund and to repay capitalization loans.
     (3) In administering the Assessment
Deferral Loan Program Revolving Fund, the department shall:
     (a) Allocate funds to public agencies for
assessment deferral loan programs in accordance with a priority list adopted by
the Environmental Quality Commission.
     (b) Use accounting, audit and fiscal
procedures that conform to generally accepted government accounting standards.
     (c) Prepare any reports required by the
federal government as a condition to the award of federal capitalization
grants.
     (4) The Department of Environmental
Quality shall submit an informational report to the Joint Committee on Ways and
Means or, if during the interim between sessions of the Legislative Assembly,
to the Emergency Board before awarding the first loan from the Assessment
Deferral Loan Program Revolving Fund. The report shall describe the assessment
deferral loan program and set forth in detail the operating procedures of the
program. [Formerly 468.977]
     Note: See note under 454.430.
     454.442
Application for loan; terms and conditions. Any public agency desiring funding of its assessment deferral loan
program from the Assessment Deferral Loan Program Revolving Fund may borrow
from the Assessment Deferral Loan Program Revolving Fund in accordance with the
procedures contained in ORS 454.430 to 454.445 and 468.220. The public agency
shall submit an application to the Department of Environmental Quality on a
form provided by the department. After final approval of the application, the
department shall offer the public agency funds from the Assessment Deferral
Loan Program Revolving Fund through a loan agreement with terms and conditions
that:
     (1) Require the public agency to repay the
loan with interest according to a repayment schedule corresponding to
provisions governing repayment of deferred assessments by property owners as
defined in the public agencyÂ’s adopted assessment deferral loan program;
     (2) Require the public agency to secure
the loan with an assessment deferral loan program financing lien as described
in ORS 454.445; and
     (3) Limit the funds of the public agency
that are obligated to repay the loan to proceeds from repayment of deferred
assessments by property owners participating in the assessment deferral loan
program adopted by the public agency. [Formerly 468.980]
     Note: See note under 454.430.
     454.445
Lien against assessed property; docket; enforcement. (1) Any public agency that pays all or part
of a property ownerÂ’s assessment pursuant to the public agencyÂ’s adopted
assessment deferral loan program shall have a lien against the assessed
property for the amount of the public agencyÂ’s payment and interest thereon as
specified in the public agencyÂ’s assessment deferral loan program.
     (2) The public agency’s auditor, clerk or
other officer shall maintain a docket describing all payments of assessments
made by the public agency pursuant to its adopted assessment deferral loan
program. The liens created by such payments shall attach to each property for
which payment is made at the time the payment is entered in this docket. The
liens recorded on this docket shall have the same priority as a lien on the
bond lien docket maintained pursuant to ORS 223.230. A lien shall be discharged
upon repayment to the public agency of all outstanding principal and interest in
accordance with the requirements of the public agencyÂ’s adopted assessment
deferral loan program.
     (3) The lien may be enforced by the public
agency as provided by ORS 223.505 to 223.650. The lien shall be delinquent if
not paid according to the requirements of the public agencyÂ’s adopted
assessment deferral loan program. [Formerly 468.983]
     Note: See note under 454.430.
STATE AID FOR
CONSTRUCTION OF MUNICIPAL SEWAGE TREATMENT WORKS
     454.505
Definitions for ORS 454.505 to 454.535. As used in ORS 454.505 to 454.535, unless the context requires
otherwise:
     (1) “Construction” means the erection,
building, acquisition, alteration, reconstruction, improvement or extension of
sewage treatment works, preliminary planning to determine the economic and
engineering feasibility of sewage treatment works, the engineering,
architectural, legal, fiscal and economic investigations, reports and studies,
surveys, designs, plans, working drawings, specifications, procedures, and
other action necessary in the construction of sewage treatment works, and the
inspection and supervision of the construction of sewage treatment works.
     (2) “Eligible project” means a project for
construction of sewage treatment works:
     (a) For which the approval of the
Department of Environmental Quality is required under ORS 448.305, 454.010 to
454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS
chapters 468, 468A and 468B;
     (b) Which is, in the judgment of the
Environmental Quality Commission eligible for federal pollution abatement
assistance, whether or not federal funds are then available therefor;
     (c) Which conforms with applicable rules
of the commission; and
     (d) Which is, in the judgment of the
commission, necessary for the accomplishment of the stateÂ’s policy of water
purity as stated in ORS 468B.015.
     (3) “Federal pollution abatement
assistance” means funds available to a municipality, either directly or through
allocation by the state, from the federal government as grants for construction
of sewage treatment works pursuant to the Federal Water Pollution Control Act
of 1956 (P.L. 84-660) as amended, or pursuant to any other federal act or
program.
     (4) “Municipality” means any county, city,
special service district or other governmental entity having authority to dispose
of sewage, industrial wastes or other wastes, any Indian tribe or authorized
Indian tribal organization, or any combination of two or more of the foregoing
acting jointly, in connection with an eligible project.
     (5) “Sewage treatment works” means any
facility for the purpose of treating, neutralizing or stabilizing sewage or
industrial wastes of a liquid nature, including treatment or disposal plants,
the necessary intercepting, outfall and outlet sewers, pumping stations
integral to such plants or sewers, equipment and furnishings thereof and their
appurtenances. [Formerly 449.455; 1983 c.740 §176]
     454.515
Grants authorized; criteria considered. (1) The State of
     (2) The Environmental Quality Commission
shall be the agency for administration of funds granted by this state pursuant
to subsection (1) of this section.
     (3) In allocating state grants under ORS
454.505 to 454.535, the commission shall give consideration to the following
criteria:
     (a) Public benefits to be derived from the
construction;
     (b) Ultimate cost of constructing and
maintaining the sewage treatment works;
     (c) Public interest in and public necessity
for the sewage treatment works;
     (d) Adequacy of the provisions made or
proposed by the municipality for assuring proper and efficient operation and
maintenance of the sewage treatment works after the completion of construction
thereof;
     (e) The municipality’s readiness to start
construction, including financing and planning; and
     (f) The municipality’s financial need.
     (4) The commission shall establish a list
of priority projects based upon the criteria established in subsection (3) of
this section and the list shall be used as the basis for allocation of funds
granted under ORS 454.505 to 454.535. However, a project shall not be placed on
the list of priority projects if the total cost to the Sewage Treatment Works
Construction Account established by ORS 454.535 of all such projects on the
list of priority projects would exceed the funds available in the Sewage
Treatment Works Construction Account. [Formerly 449.465]
     454.525
Contracts with municipalities; rules. (1) The Environmental Quality Commission and any municipality may
enter into contracts with each other concerning eligible projects. Any such
contract may include such provisions as may be agreed upon by the parties
thereto, and shall include the following provisions:
     (a) An estimate of the reasonable cost of
the eligible project as determined by the commission.
     (b) An agreement by the municipality:
     (A) To proceed expeditiously with, and
complete, the project in accordance with plans approved by the Department of
Environmental Quality;
     (B) To commence operation of the sewage
treatment works on completion of the project, and not to discontinue operation
or dispose of the sewage treatment works without the approval of the
commission;
     (C) To operate and maintain the sewage
treatment works in accordance with applicable provisions of ORS 448.305,
454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755
and ORS chapters 468, 468A and 468B and with the rules of the commission;
     (D) To secure approval of the commission
before applying for federal assistance for pollution abatement, in order to
maximize the amounts of such assistance received or to be received for all
projects in Oregon; and
     (E) To provide for the payment of the
municipalityÂ’s share of the cost of the project.
     (2) The commission may adopt rules
necessary for making and enforcing contracts hereunder and establishing
procedures to be followed in applying for state grants authorized by ORS
454.515 as shall be necessary for the effective administration of ORS 454.505
to 454.535.
     (3) All contracts entered into pursuant to
this section shall be subject to approval by the Attorney General as to form.
All payments by the state pursuant to such contracts shall be made after audit
and upon warrant on vouchers approved by the commission. [Formerly 449.475]
     454.535
Sewage Treatment Works Construction Account. There is established in the General Fund of the State Treasury a
Sewage Treatment Works Construction Account. All moneys in the Sewage Treatment
Works Construction Account are appropriated continuously for and shall be used
by the Environmental Quality Commission in carrying out the purposes of ORS
454.505 to 454.535. [Formerly 449.485]
REGULATION OF
SUBSURFACE SEWAGE DISPOSAL
     454.605
Definitions for ORS 454.605 to 454.755. As used in ORS 454.605 to 454.755, unless the context requires
otherwise:
     (1) “Absorption facility” means a system
of open-jointed or perforated piping, alternate distribution units or other
seepage systems for receiving the flow from septic tanks or other treatment
units and designed to distribute effluent for oxidation and absorption by the
soil within the zone of aeration.
     (2) “Alternative sewage disposal system”
means a system incorporating all of the following:
     (a) Septic tank or other sewage treatment
or storage unit; and
     (b) Disposal facility or method consisting
of other than an absorption facility but not including discharge to public
waters of the State of
     (3) “Construction” includes installation,
alteration or repair.
     (4) “Contract agent” means a local unit of
government that has entered into an agreement with the Department of
Environmental Quality pursuant to ORS 454.725.
     (5) “Effluent sewer” means that part of
the system of drainage piping that conveys treated sewage from a septic tank or
other treatment unit into an absorption facility.
     (6) “Governmental unit” means the state or
any county, municipality or other political subdivision, or any agency thereof.
     (7) “Local unit of government” means any
county or municipality.
     (8) “Nonwater-carried sewage disposal
facility” includes, but is not limited to, pit privies, vault privies and
chemical toilets.
     (9) “Public health hazard” means a
condition whereby there are sufficient types and amounts of biological,
chemical or physical, including radiological, agents relating to water or
sewage which are likely to cause human illness, disorders or disability. These
include, but are not limited to, pathogenic viruses, bacteria, parasites, toxic
chemicals and radioactive isotopes.
     (10) “Septic tank” means a watertight
receptacle which receives the discharge of sewage from a sanitary drainage
system and which is so designed and constructed as to separate solids from
liquids, digest organic matter during a period of detention and allow the
liquids to discharge to another treatment unit or into the soil outside of the
tank through an absorption facility.
     (11) “Sewage” means domestic water-carried
human and animal wastes, including kitchen, bath and laundry wastes from
residences, buildings, industrial establishments or other places, together with
such ground water infiltration, surface waters or industrial waste as may be
present.
     (12) “Sewage disposal service” means:
     (a) The construction of subsurface sewage
disposal systems, alternative sewage disposal systems or any part thereof.
     (b) The pumping out or cleaning of
subsurface sewage disposal systems, alternative sewage disposal systems or
nonwater-carried sewage disposal facilities.
     (c) The disposal of materials derived from
the pumping out or cleaning of subsurface sewage disposal systems, alternative
sewage disposal systems or nonwater-carried sewage disposal facilities.
     (d) Grading, excavating and earth-moving
work connected with the operations described in paragraph (a) of this
subsection.
     (13) “Subsurface sewage disposal system”
means a cesspool or the combination of a septic tank or other treatment unit
and effluent sewer and absorption facility.
     (14) “Zone of aeration” means the
unsaturated zone that occurs below the ground surface and the point at which
the upper limit of the water table exists. [1973 c.835 §208; 1975 c.167 §1;
1977 c.828 §1; 1991 c.598 §3; 1999 c.551 §3]
     454.607
Policy. It is the public
policy of the State of
     454.610
Regulation of gray water discharge. (1) As used in this section “gray water” means any domestic sewage
other than toilet and garbage wastes, including shower and bath waste water,
kitchen waste water and laundry wastes.
     (2) Nothing in ORS 454.605 to 454.755
except ORS 454.645 shall prohibit the discharge of gray water if:
     (a) Soil and site conditions for such gray
water conform to the rules of the Department of Environmental Quality regarding
standard subsurface sewage disposal systems or alternative sewage disposal
systems, except that such systems may use two-thirds the normal size surface
area for a drainfield and shall be preceded by a treatment facility such as,
but not limited to, a septic tank; or
     (b) Such gray water is discharged into an
existing subsurface sewage disposal system or alternative sewage disposal
system which is functioning satisfactorily, or a public sewage system which
serves the dwelling from which such gray water is derived. [1977 c.523 §6; 1999
c.551 §4; 2001 c.104 §194]
     454.615
Standards for sewage disposal systems and disposal facilities. The Environmental Quality Commission shall
by September 1, 1975, adopt by rule standards which:
     (1) Prescribe minimum requirements for the
design and construction of subsurface sewage disposal systems, alternative
sewage disposal systems and nonwater-carried sewage disposal facilities or
parts thereof including grading, excavating and earth-moving work connected
therewith, and allow for use of alternative systems and component materials
consistent with the minimum requirements. Requirements prescribed under this
section may vary in different areas or regions of the state.
     (2) Prescribe minimum requirements for the
operation and maintenance of subsurface sewage disposal systems, alternative
sewage disposal systems and nonwater-carried sewage disposal facilities or
parts thereof.
     (3) Prescribe requirements for the pumping
out or cleaning of subsurface sewage disposal systems, alternative sewage
disposal systems and nonwater-carried sewage disposal facilities or parts
thereof, for the disposal of material derived from such pumping out or
cleaning, for sewage pumping equipment, for sewage tank trucks and for the
identification of sewage tank trucks and workers.
     (4) Prescribe requirements for handling
kitchen, bath and laundry wastes as opposed to human and animal wastes which
recognize the possibility for separate treatment of different types of waste. [1973
c.835 §209; 1975 c.167 §2]
     454.625
Rules. In accordance with
the applicable provisions of ORS chapter 183, the Environmental Quality
Commission shall adopt such rules as it considers necessary for the purpose of
carrying out ORS 454.605 to 454.755. [1973 c.835 §210]
     454.635
Notice of violation; service; request for hearing; conduct of hearing; order. (1) Whenever the Department of Environmental
Quality has reasonable grounds for believing that any subsurface sewage
disposal system, alternative sewage disposal system or nonwater-carried sewage
disposal facility or part thereof is being operated or maintained in violation
of any rule adopted pursuant to ORS 454.625, it shall give written notice to
the person or persons in control of such system or facility.
     (2) The notice required under subsection
(1) of this section shall include the following:
     (a) Citation of the rule allegedly
violated;
     (b) The manner and extent of the alleged
violation; and
     (c) A statement of the party’s right to
request a hearing.
     (3) The notice shall be served personally
or by registered or certified mail and shall be accompanied by an order of the
department requiring remedial action which, if taken within the time specified
in the order, will effect compliance with the rule allegedly violated. The
order shall become final unless a request for hearing is made by the party
receiving the notice within 10 days from the date of personal service or the
date of mailing of the notice.
     (4) The form of petition for hearing and
the procedures employed in the hearing shall be consistent with the
requirements of ORS chapter 183 and shall be in accordance with rules adopted
by the Environmental Quality Commission.
     (5) The order shall be affirmed or
reversed by the commission after hearing. A copy of the commissionÂ’s decision
setting forth findings of fact and conclusions shall be sent by registered or
certified mail to the petitioner or served personally upon the petitioner. An
appeal from such decision may be made as provided in ORS 183.480 relating to a
contested case. [1973 c.835 §211; 1975 c.167 §3]
     454.640
Contract agent enforcement of standards. In order to protect the health, safety and welfare of its citizens, a
contract agent may enforce, consistent with state enforcement, standards for
subsurface sewage disposal systems, alternative sewage disposal systems and
nonwater-carried sewage disposal facilities established in ORS 454.605 to
454.755 or in rules of the Environmental Quality Commission. [1981 c.147 §2;
1999 c.551 §5]
     454.645
Enforcement when health hazard exists. (1) Whenever a subsurface sewage disposal system, alternative sewage
disposal system or a nonwater-carried sewage disposal facility or part thereof
presents or threatens to present a public health hazard creating an emergency
requiring immediate action to protect the public health, safety and welfare,
the Department of Environmental Quality may institute an action. The action may
be commenced without the necessity of prior administrative procedures, or at
any time during such administrative proceedings, if such proceedings have been
commenced. The action shall be in the name of the State of
     (2) Cases filed under provisions of this
section or any appeal therefrom shall be given preference on the docket over
all other civil cases except those given an equal preference by statute.
     (3) Nothing in this section is intended to
prevent the maintenance of actions for legal or equitable remedies relating to
private or public nuisances or for recovery of damages brought by private
persons or by the state on relation of any person. [1973 c.835 §212; 1975 c.167
§4; 1979 c.284 §148]
     454.655
Permit required for construction; application; time limit; special application
procedure for septic tank installation on parcel of 10 acres or more. (1) Except as otherwise provided in ORS
454.675, without first obtaining a permit from the Department of Environmental
Quality, no person shall construct or install a subsurface sewage disposal
system, alternative sewage disposal system or part thereof. However, a person
may undertake emergency repairs limited to replacing minor broken components of
the system without first obtaining a permit.
     (2) A permit required by subsection (1) of
this section shall be issued only in the name of an owner or contract purchaser
in possession of the land. However, a permit issued to an owner or contract
purchaser carries the condition that the owner or purchaser or regular
employees or a person licensed under ORS 454.695 perform all labor in
connection with the construction of the subsurface or alternative sewage disposal
system.
     (3) The applications for a permit required
by this section must be accompanied by the permit fees prescribed in ORS
454.745.
     (4) After receipt of an application and
all requisite fees, subject to ORS 454.685, the department shall issue a permit
if it finds that the proposed construction will be in accordance with the rules
of the Environmental Quality Commission. A permit may not be issued if a
community or area-wide sewerage system is available which will satisfactorily
accommodate the proposed sewage discharge. The prohibition on the issuance of a
permit in this subsection does not apply to a public agency as defined in ORS
454.430.
     (5)(a) Unless weather conditions or
distance and unavailability of transportation prevent the issuance of a permit
within 20 days of the receipt of the application and fees by the department,
the department shall issue or deny the permit within 20 days after such date.
If such conditions prevent issuance or denial within 20 days, the department
shall notify the applicant in writing of the reason for the delay and shall
issue or deny the permit within 60 days after such notification.
     (b) If within 20 days of the date of the
application the department fails to issue or deny the permit or to give notice
of conditions preventing such issuance or denial, the permit shall be
considered to have been issued.
     (c) If within 60 days of the date of the
notification referred to in paragraph (a) of this subsection, the department
fails to issue or deny the permit, the permit shall be considered to have been
issued.
     (6) Upon request of any person, the
department may issue a report, described in ORS 454.755 (1), of evaluation of
site suitability for installation of a subsurface or alternative sewage
disposal system or nonwater-carried sewage disposal facility. The application
for such report must be accompanied by the fees prescribed in ORS 454.755.
     (7) With respect to an application for a
permit for the construction and installation of a septic tank and necessary
effluent sewer and absorption facility for a single family residence or for a
farm related activity on a parcel of 10 acres or more described in the
application by the owner or contract purchaser of the parcel, the Department of
Environmental Quality:
     (a) Within the period allowed by
subsection (5)(a) of this section after receipt by it of the application, shall
issue the permit or deliver to the applicant a notice of intent to deny the
issuance of the permit;
     (b) In any notice of intent to deny an
application, shall specify the reasons for the intended denial based upon the
rules of the Environmental Quality Commission for the construction and
installation of a septic tank and necessary effluent sewer and absorption
facility or based upon the factors included in ORS 454.685 (2)(a) to (j);
     (c) Upon request of the applicant, shall
conduct a hearing in the manner provided in ORS 454.635 (4) and (5) on the
reasons specified in a notice of intent to deny the application with the burden
of proof upon the department to justify the reasons specified; and
     (d) In the case of issuance of a permit,
may include as a condition of the permit that no other permit for a subsurface
sewage disposal system or alternative sewage disposal system shall be issued
for use on the described parcel while the approved septic tank, effluent sewer
and absorption facility are in use on the described parcel. [1973 c.835 §213;
1974 c.30 §2; 1975 c.167 §5; 1975 c.794 §1; 1999 c.551 §6; 2001 c.557 §6]
     454.657
Variance from subsurface sewage disposal system rules or standards; conditions;
hearing. (1) After hearing
the Environmental Quality Commission may grant to applicants for permits
required under ORS 454.655 specific variances from the particular requirements
of any rule or standard pertaining to subsurface sewage disposal systems for
such period of time and upon such conditions as it may consider necessary to
protect the public health and welfare and to protect the waters of the state,
as defined in ORS 468B.005. The commission shall grant such specific variance
only where after hearing it finds that strict compliance with the rule or
standard is inappropriate for cause or because special physical conditions
render strict compliance unreasonable, burdensome or impractical.
     (2) The commission shall adopt rules for
granting variances from rules or standards pertaining to subsurface sewage
disposal systems in cases of extreme and unusual hardship. The rules shall
provide for consideration of the following factors in reviewing applications
for variances due to hardship:
     (a) Advanced age or bad health of
applicants;
     (b) Relative insignificance of the
environmental impact of granting a variance; and
     (c) The need of applicants to care for
relatives who are aged or incapacitated or have disabilities.
     (3) The department shall strive to aid and
accommodate the needs of applicants for variances due to hardship.
     (4) Variances granted due to hardship may
contain conditions such as permits for the life of the applicant, limiting the
number of permanent residents using a subsurface sewage disposal system and use
of experimental systems for specified periods of time. [1975 c.309 §2; 1979
c.591 §4; 2007 c.70 §256]
     454.660
Delegation of variance powers; appeal; qualification of officers; hearing and
decision. (1) The
Environmental Quality Commission shall delegate on such general conditions as
it may find appropriate the power to grant variances to special variance
officers appointed by the Director of the Department of Environmental Quality.
Decisions of the variance officers to grant variances may be appealed to the
Environmental Quality Commission.
     (2) Variance officers appointed under this
section shall be persons qualified in soil sciences and possessing knowledge of
and experience in subsurface sewage disposal methods.
     (3) Each request for a variance under ORS
454.657 shall be heard by the appropriate variance officer in the county within
which the parcel of real property described in the variance request is located.
     (4) Each request for a variance shall be
heard by the appropriate variance officer within 30 days after the date on
which a completed application for a variance has been received by the
Department of Environmental Quality. A decision shall be made by the variance
officer within 45 days after completion of the hearing on the variance request.
[1975 c.309 §3]
     454.662
Variance fee; low income elderly exemption. (1) Except as provided in subsection (2) of this section, each
application for a variance submitted pursuant to ORS 454.657 must be accompanied
by a fee, the amount of which shall be determined by a fee structure adopted by
the Environmental Quality Commission as described in ORS 454.745. The moneys
received are continuously appropriated to meet administrative expenses of the
hearings and appeals.
     (2) Notwithstanding subsection (1) of this
section, an applicant for a variance under this section is not required to pay
the fee specified in subsection (1) of this section if, at the time of filing
the application, the applicant:
     (a) Is 65 years of age or older;
     (b) Is a resident of this state; and
     (c) Has an annual household income, as
defined in ORS 310.630, of $15,000 or less. [1975 c.309 §4; 1979 c.591 §1; 1999
c.551 §7]
     454.665
Inspection of completed construction; certificate of satisfactory completion;
appeal from denial or revocation of certificate. (1) Upon completing the construction for
which a permit has been issued under ORS 454.655, the permit holder shall
notify the Department of Environmental Quality. The department may at its own
election inspect the construction to determine if it complies with the rules of
the Environmental Quality Commission. For that construction inspected by the
department, the department shall issue a certificate of satisfactory completion
to the permit holder unless the construction does not comply with such rules.
If the construction does not comply with such rules, the department shall
notify the permit holder and shall require satisfactory completion before
issuing the certificate. Failure to meet the requirements for satisfactory
completion within a reasonable time constitutes a violation of ORS 454.605 to
454.755.
     (2) If the inspection authorized under
subsection (1) of this section is not made within seven days after notification
by the permit holder, a certificate of satisfactory completion shall be
considered to have been issued. When feasible the department shall notify the
party whose work is to be inspected, whether the department will be able to
make such inspection within the seven-day requirement of this subsection.
     (3) No person shall operate or use any
subsurface sewage disposal system, alternative sewage disposal system or part
thereof unless a certificate of satisfactory completion has been issued for the
construction for which a permit was issued under ORS 454.655.
     (4) Whenever the department finds cause to
revoke or refuses to issue a certificate of satisfactory completion pursuant to
this section, the permit holder may appeal the decision in accordance with the
provisions of ORS chapter 183. [1973 c.835 §214; 1975 c.167 §6; 1979 c.169 §1;
1999 c.551 §8]
     454.675
Exemptions; application to alterations or repairs. Subsurface sewage disposal systems,
alternative sewage disposal systems or nonwater-carried sewage disposal
facilities or parts thereof which were constructed prior to January 1, 1974,
but which are not creating a public health hazard or causing water pollution
shall not be required to conform to the construction standards adopted
subsequent to their initial construction. However, all alterations or repairs
of such systems or facilities or parts thereof shall be made in accordance with
the rules of the Environmental Quality Commission. [1973 c.835 §215; 1975 c.167
§7; 1999 c.551 §9]
     454.685
Order limiting or prohibiting construction of sewage disposal systems; factors
to be considered. (1)
Whenever the Environmental Quality Commission finds that the construction of
subsurface sewage disposal systems, alternative sewage disposal systems or
nonwater-carried sewage disposal facilities should be limited or prohibited in
an area, it shall issue an order limiting or prohibiting such construction. The
order shall be issued only after public hearing for which more than 30 daysÂ’
notice is given. Notice must be in form reasonably calculated to notify
interested persons in the affected area.
     (2) In issuing an order authorized by
subsection (1) of this section, the commission shall consider the following
factors for the proposed affected area:
     (a) Present and projected density of
population.
     (b) Size of building lots.
     (c) Topography.
     (d) Porosity and absorbency of soil.
     (e) Any geological formations which may
adversely affect the disposal of sewage effluent by subsurface means.
     (f) Ground and surface water conditions
and variations therein from time to time.
     (g) Climatic conditions.
     (h) Present and projected availability of
water from unpolluted sources.
     (i) Type of and proximity to existing
domestic water supply sources.
     (j) Type of and proximity to existing
surface waters.
     (k) Capacity of existing subsurface sewage
disposal systems. [1973 c.835 §216; 1975 c.167 §8]
     454.695
License required to perform sewage disposal services; application; rules. (1) No person shall perform sewage disposal
services or advertise or purport to be in the business of performing such
services without first obtaining a license from the Department of Environmental
Quality.
     (2) Application for a license required by
subsection (1) of this section shall be made in writing in a form prescribed by
the department and shall include the following information:
     (a) The name and address of the applicant
and of the person responsible for supervising the services;
     (b) The location of the business of the
applicant and the name under which the business is conducted; and
     (c) Such other information as the
department considers necessary to determine the eligibility of the applicant
for the license.
     (3) Application for a license required
under subsection (1) of this section must be accompanied by the license fees
prescribed in ORS 454.745 and by the bond described in ORS 454.705.
     (4) The Environmental Quality Commission
shall establish by rule the term of a license issued under this section and a
method for determining the expiration date for a license issued under this section.
The commission may provide for staggered expiration dates for licenses issued
under this section.
     (5) The commission may adopt rules
prescribing the qualifications, training and education requirements of sewage
disposal service license holders and workers and the registration of sewage
disposal service workers. [1973 c.835 §217; 1977 c.828 §2; 1983 c.616 §3; 1991
c.598 §4; 1999 c.551 §10]
     454.705
Bond; content; action on bond; notice of bond. (1) An applicant for a license required by
ORS 454.695 shall execute a bond in favor of the State of
     (2) The bond shall be filed with the
Department of Environmental Quality and shall provide that:
     (a) In performing sewage disposal
services, the applicant shall comply with the provisions of ORS 454.605 to 454.755
and with the rules of the Environmental Quality Commission regarding sewage
disposal services; and
     (b) Any person injured by a failure of the
applicant to comply with ORS 454.605 to 454.755 and with the rules of the
commission regarding sewage disposal services shall have a right of action on
the bond in the name of the person, provided that written claim of such right
of action shall be made to the principal or the surety company within two years
after the services have been performed.
     (3) Every person licensed pursuant to ORS
454.695 shall deliver to each person for whom services requiring such license
are performed, prior to the completion of such services, a written notice of
the name and address of the surety company which has executed the bond required
by this section and of the rights of the recipient of such services as provided
by subsection (2) of this section. [1973 c.835 §218; 1975 c.171 §1; 1999 c.551 §11]
     454.710
Deposit in lieu of bond. In
lieu of the surety bond required by ORS 454.705, an applicant for a license
required by ORS 454.695 may deposit, under the same terms and conditions as
when a bond is filed, the equivalent value in cash or negotiable securities of
a character approved by the State Treasurer. The deposit is to be made in a
bank or trust company for the benefit of the Department of Environmental
Quality. Interest on deposited funds or securities shall accrue to the
depositor. [1981 c.148 §2]
     454.715
Suspension or revocation of license. Subject to ORS chapter 183, the Department of Environmental Quality at
any time may suspend or revoke any license issued pursuant to ORS 454.695 if it
finds:
     (1) A material misrepresentation or false
statement in the application for the license.
     (2) Failure to comply with the applicable
provisions of this chapter.
     (3) Violation of any rule of the
Environmental Quality Commission regarding sewage disposal services.
     (4) The licensee was licensed by the
Construction Contractors Board at the time of licensing under ORS 454.695 and
the license issued by the board was revoked or suspended as provided under ORS
701.102 or 701.106 and rules adopted by the board. [1973 c.835 §219; 1999 c.344
§6; 2001 c.104 §195; 2005 c.432 §5; 2007 c.114 §15]
     454.725
Contracts with local governments. (1) The Department of Environmental Quality may enter into agreements
with local units of government for the local units to perform the duties of the
department under ORS 454.635, 454.655, 454.665 and 454.755.
     (2) The Department of Environmental
Quality may enter into an agreement with a local unit of government when the
local unit of government requests to perform the variance duties of the
department under ORS 454.657 and 454.660 subject to variance criteria specified
in the agreement by the department. Each local unit of government performing
variance duties under an agreement may set and collect a variance application
fee as provided in ORS 454.662. A fee collected by a local unit of government
under this subsection shall not exceed the cost to the local unit of government
of performing the variance duties of the department. [1973 c.835 §219a; 1975
c.167 §9; 1975 c.309 §5; 1979 c.591 §3; 1999 c.551 §12]
     454.735 [1973 c.835 §219b; repealed by 1999 c.551 §17]
     454.745
Permit, service, report, variance and license fees; refund; waiver. (1) In conjunction with the rules adopted
under ORS 454.615 and 454.625, the Environmental Quality Commission shall
establish a schedule of application fees for services rendered, permits,
reports, variances and licenses and for the registration of sewage disposal
service license holders and workers. The fees shall be based upon actual costs
for efficiently conducted minimum services, as developed by the Director of the
Department of Environmental Quality.
     (2) Each local unit of government that has
entered into an agreement with the Department of Environmental Quality under
ORS 454.725 may establish a schedule of application fees for services rendered,
permits, reports and variances. The fees shall be based on actual costs for efficiently
conducted minimum services, as developed by the local unit of government.
Notwithstanding the authority to adopt a schedule of fees, no contract provided
for under ORS 454.725 shall be entered into or continued when the total amount
of fees collected by the local unit of government exceeds the total cost of the
program for providing the services rendered, permits, reports and variances
issued under this section.
     (3) The department or its contract agent
may refund all or a portion of a fee accompanying an application for a permit
pursuant to ORS 454.655, a variance pursuant to ORS 454.662, a license pursuant
to ORS 454.695 or a report pursuant to ORS 454.755 if the applicant withdraws
the application before the department or its contract agent has done any field
work or other substantial review of the application.
     (4) Notwithstanding the requirements of
ORS 454.655 (3) and 454.755 (1), the Environmental Quality Commission may waive
a fee prescribed in subsection (1) of this section in the event a state of
emergency is declared under ORS 401.055. The commission shall determine whether
to waive a fee contained in subsection (1) of this section on a case-by-case
basis. The commission may delegate the authority granted under this section to
the director.
     (5) Fees collected under subsection (1) of
this section shall be deposited in the State Treasury and credited to an
account of the department. The moneys received are continuously appropriated to
the department to carry out the requirements of ORS 454.605 to 454.755. [1973
c.835 §220; 1974 c.30 §3; 1975 c.167 §10; 1975 c.607 §33; 1979 c.591 §2; 1997
c.64 §1; 1999 c.551 §13]
     454.755
Fees for certain reports on sewage disposal. (1) Any person, upon application for any of the following actions by
the Department of Environmental Quality, shall pay to the department a fee in
the amount required for each lot or parcel:
     (a) A report of evaluation of site
suitability for a subsurface sewage disposal system, alternative sewage
disposal system, nonwater-carried sewage disposal facility or a part thereof,
pursuant to ORS 454.655;
     (b) A report of evaluation of adequacy of
a sewage disposal method required prior to the approval of a plat of a
subdivision, pursuant to ORS 92.090 (5)(c); or
     (c) A report on any proposed repair or
alteration of an existing subsurface sewage disposal system, alternative sewage
disposal system, nonwater-carried sewage disposal facility or a part thereof. A
person may apply for the permit required under ORS 454.655 (1) to alter or
repair a system without obtaining this report.
     (2) The fee paid for a report of
evaluation of site suitability pursuant to subsection (1)(a) of this section
shall entitle the applicant to as many site inspections as is necessary within
90 days from the date of the first site inspection to determine site
suitability for a single home site. The department may require separate fees if
it determines that the site inspections are for the purpose of determining site
suitability for more than one home site. [1974 c.30 §2; 1974 c.74 §4; 1975
c.167 §11; 1975 c.607 §34; 1999 c.551 §14]
     454.775 [1979 c.189 §1; repealed by 1999 c.551 §17]
     454.780 [1979 c.189 §2; repealed by 1999 c.551 §17]
SEPTAGE
     454.782
Definitions for ORS 454.782 to 454.800. As used in ORS 454.782 to 454.800:
     (1) “Commission” means the Environmental
Quality Commission.
     (2) “Department” means the Department of
Environmental Quality.
     (3) “Septage” means the domestic liquid
and solid sewage pumped from septic tanks, cesspools, holding tanks, vault toilets,
chemical toilets or other similar domestic sewage treatment components or
systems and other sewage sludge not derived at sewage treatment plants. [1999
c.978 §1]
     Note: 454.782 to 454.800 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
454 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     454.784
Policy. It is the policy of
the State of
     Note: See note under 454.782.
     454.785 [1974 c.30 §4; repealed by 1975 c.309 §6]
     454.787
Findings. (1) The
Legislative Assembly finds that:
     (a) Improper collection, storage,
transportation, treatment, recycling and disposal of septage is a threat to the
quality of the waters of this state, to the health, safety and welfare of
Oregonians and to the fish and wildlife resources of this state.
     (b) In many instances throughout the
state, septage is not being collected frequently enough to prevent septic
system failures.
     (2) Therefore, the Legislative Assembly
declares that providing new options for proper collection, storage,
transportation, treatment, recycling and disposal of septage is a matter of
statewide concern that requires the combined efforts of state and local
governments. [1999 c.978 §3]
     Note: See note under 454.782.
     454.790
Permit or license required to collect, store, transport, treat, recycle or
dispose of septage. A person
may not collect, store, transport, treat, recycle or dispose of septage:
     (1) Without first obtaining a license or
permit from the Department of Environmental Quality issued under the program
established under ORS 454.792; and
     (2) Unless the person is operating in
compliance with the terms of the license or permit. [1999 c.978 §4]
     Note: See note under 454.782.
     454.792
Rules. Upon request of a
county under ORS 454.795, the Environmental Quality Commission shall establish
by rule a program to regulate the collection, storage, transportation,
treatment, recycling and disposal of septage. The rules must include but need
not be limited to:
     (1) Standards to ensure the safe and
appropriate collection, storage, transportation, treatment, recycling and
disposal of septage;
     (2) A process to issue, deny and revoke
licenses or permits for the collection, storage, transportation, treatment,
recycling and disposal of septage; and
     (3) Any other provision necessary to
implement the provisions of ORS 454.782 to 454.800. [1999 c.978 §5]
     Note: See note under 454.782.
     454.795
County regulation of septage.
A county may submit a request to the Department of Environmental Quality to
allow the county to perform the duties of the department under ORS 454.782 to
454.800. Subject to policy direction of the Environmental Quality Commission,
and in compliance with rules adopted by the commission under ORS 454.792, the
department may enter into an agreement with the county for the county to
perform the duties of the department under ORS 454.782 to 454.800. [1999 c.978 §6]
     Note: See note under 454.782.
     454.797
Assessment of county for expenses of rulemaking. (1) If a county requests the Environmental
Quality Commission to adopt rules under ORS 454.792 in order that the county
may be allowed to perform the duties of the Department of Environmental Quality
under ORS 454.782 to 454.800, the department may assess the county for the
reasonable expenses of the department and the commission in carrying out the
rulemaking proceeding.
     (2) The department shall recover the costs
of the department and the commission in conducting the rulemaking proceeding in
the following manner:
     (a) The county shall fully reimburse the
department for the reasonable costs of the rulemaking process.
     (b) The department shall appropriately
document the direct and indirect costs of the department and the commission and
collect payment for such costs from the county. The department shall collect a
deposit from the county, against which the department shall bill until the
deposit is depleted. When the deposit is depleted, the department shall collect
an additional deposit. The county shall submit an initial deposit of the
estimated expenses of the department and the commission in completing the
rulemaking process before the commission begins the process. The department
shall deliver to the county an accounting of all charges and the amount of the
deposit remaining at the closure of each monthÂ’s accounting records.
     (3) All moneys collected by the Department
of Environmental Quality pursuant to this section shall be deposited into the
General Fund of the State Treasury to an account of the Department of
Environmental Quality. Such moneys are continuously appropriated to the
Department of Environmental Quality for the payment of expenses of the
Department of Environmental Quality and the Environmental Quality Commission in
conducting the rulemaking proceeding under ORS 454.792.
     (4) A county may fund the assessment
charged under subsections (1) and (2) of this section from any public or
private financial resources available to the county, including but not limited
to community development funds received from the Economic and Community
Development Department. [1999 c.978 §7]
     Note: See note under 454.782.
     454.800
Land application of septage; permit requirements. The Department of Environmental Quality
shall allow the land application of septage through a permit when the septage
is:
     (1) Included with municipal waste that is
first processed through a treatment works operated under a permit issued by the
department before land application; or
     (2) Treated according to the provisions of
ORS 468B.080 or 468B.095 and rules adopted thereunder. [1999 c.978 §8]
     Note: See note under 454.782.
REQUIRED
CONNECTIONS
     454.805
Assessment for installation costs. (1) When a municipality requires property owners to connect their homes
and multifamily dwellings to the sewer system of the municipality, the
municipality may assess the installation costs for which the municipality
provides financing against the affected properties in the same manner that
costs of local improvements are assessed against benefited properties. Such
assessments shall have the same lien status and be foreclosable in the same
manner as other assessments levied under ORS 223.005 to 223.105 and 223.205 to
223.930 or the charter of the municipality. If installation costs are so
assessed:
     (a) The municipality shall make financing
for the installation costs available to affected property owners;
     (b) Affected property owners may apply to
pay the assessments in installments as provided in ORS 223.205 to 223.314, but the
municipality may impose a reasonable penalty for prepayment of assessment
installments;
     (c) The municipality may issue special
assessment bonds to finance the installation costs pursuant to ORS 223.235, but
may sell such bonds at public or private sale in the same manner as port
district revenue bonds may be sold pursuant to ORS 777.575 (4); and
     (d) The municipality may issue Bancroft
bonds pursuant to ORS 223.205 to 223.314, but only for installation costs for
property within an area affected by an order of the Environmental Quality
Commission or any court.
     (2) As used in this section:
     (a) “Installation costs” means the costs
of placing, installing and connecting sewer lines and mains between a home or
multifamily dwelling and the adjacent street sewer lines, drains or other storm
or sanitary sewer facilities of the municipality, and costs of providing
financing for such placement, installation and connection.
     (b) “Municipality” means a city, county,
county service district, sanitary authority or sanitary district. [1985 c.417 §1;
1991 c.902 §114; 1997 c.249 §154]
     Note: 454.805 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 454 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
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