Oregon Statutes - Chapter 454 - Sewage Treatment and Disposal Systems

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...
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...
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 Abernethy Creek Basin...
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 municipality�s...
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...
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....
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...
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�...
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,...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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)...
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...
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,...
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:...
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...
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....
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...
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...
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...
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...
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....
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...
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
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...
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...
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...
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...
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...
454.405 [Formerly 449.390; 1975 c.248 §1; 1987 c.158 §86; repealed by 1997 c.50 §1]
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]
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...
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...
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...
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...
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...
454.445 Lien against assessed property; docket; enforcement.
(1) Any public agency that pays all or part of a property owner�s assessment pursuant to the public agency�s adopted assessment deferral loan program shall...
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...
454.515 Grants authorized; criteria considered.
(1) The State of Oregon may make grants, as funds are available, to any municipality to assist the municipality in the construction of sewage treatment...
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...
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...
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...
454.607 Policy.
It is the public policy of the State of Oregon to encourage improvements to, maintenance of and innovative technology for subsurface and alternative sewage disposal...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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....
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...
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...
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...
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 Oregon. The bond shall be...
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...
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...
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...
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...
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...
454.775 [1979 c.189 §1; repealed by 1999 c.551 §17]
454.780 [1979 c.189 §2; repealed by 1999 c.551 §17]
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...
454.784 Policy.
It is the policy of the State of Oregon to encourage innovative technology for subsurface and alternative sewage disposal systems and nonwater-carried sewage disposal facilities...
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...
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...
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,...
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...
454.797 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...
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...
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...

Last modified: August 7, 2008