ORS Chapter 454

Chapter 454 — SewageTreatment and Disposal Systems

 

2009 EDITION

 

 

SEWAGETREATMENT AND DISPOSAL SYSTEMS

 

PUBLICHEALTH AND SAFETY

 

TREATMENTWORKS

 

454.010 Definitionsfor ORS 454.010 to 454.040

 

454.020 Compliancewith state and federal standards; enforcement

 

454.025 Limitationon siting or constructing treatment works or discharge

 

454.030 Ratesand charges to meet costs of treatment works; use of funds; enforcement

 

454.040 Determinationof costs payable by users

 

454.050 Rules

 

454.060 Powersin addition to other municipal or commission powers

 

FINANCINGOF DISPOSAL SYSTEMS

 

454.105 Definitionsfor ORS 454.105 to 454.175

 

454.115 Authorityover disposal systems

 

454.125 Bondelection

 

454.135 Bondsissued to finance disposal system

 

454.145 Bondcontent

 

454.155 Refundingbonds

 

454.165 Jointagreements for construction and financing of disposal systems

 

454.175 Agreementswith industrial establishment

 

DISPOSALOF SEWAGE; RATES AND CHARGES

 

454.205 “Municipality”defined

 

454.215 Authorityover disposal systems

 

454.225 Ratesand charges; collection

 

454.235 Election;bonds; when election required; compelling election; when bonds can be orderedsold

 

454.245 Serialbonds; term and content; interest; amount

 

454.255 Plansand cost estimates; examination by electors

 

CONSTRUCTIONOF SEWAGE TREATMENT WORKS; PROVISION OF SERVICES

 

454.275 Definitionsfor ORS 454.275 to 454.380

 

454.280 Constructionof treatment works by municipality; financing

 

454.285 Resolutionor ordinance

 

454.290 Study;preliminary plans

 

454.295 Commissionreview; hearing; notice

 

454.300 Conductof hearing; notice of issuance of findings; petition for argument

 

454.305 Effectof findings; exclusion of areas; filing of findings

 

454.310 Constructionauthorized upon commission approval; when connection may be required; finalplans

 

454.317 Resolutionor ordinance authorizing levy and collection of seepage charge

 

454.320 Hearingon resolution or ordinance; notice of levy

 

454.330 Countyto collect seepage charge for municipality

 

454.340 Useof seepage charge; credit for system development charge; seepage charge tocease if user fee imposed

 

454.350 Effectof ORS 454.317 to 454.350 on contracts between municipalities

 

454.360 Areawide208 Plan as master plan for provision of sewage services

 

454.365 Safetynet program to provide financial relief

 

454.370 Citizenssewer advisory committee; membership; duties

 

454.375 Filingdocumentation of sewer charges; prohibited charges

 

454.380 Limitationon spending for nonconstruction items; exception

 

ASSESSMENTDEFERRAL LOAN PROGRAM

 

454.430 Definitionsfor ORS 454.430 to 454.445

 

454.433 Policy

 

454.436 AssessmentDeferral Loan Program Revolving Fund; uses; sources

 

454.439 Conditionsfor program; administrative expenses; priority; report

 

454.442 Applicationfor loan; terms and conditions

 

454.445 Lienagainst assessed property; docket; enforcement

 

STATEAID FOR CONSTRUCTION OF MUNICIPAL SEWAGE TREATMENT WORKS

 

454.505 Definitionsfor ORS 454.505 to 454.535

 

454.515 Grantsauthorized; criteria considered

 

454.525 Contractswith municipalities; rules

 

454.535 SewageTreatment Works Construction Account

 

REGULATIONOF SUBSURFACE SEWAGE DISPOSAL

 

454.605 Definitionsfor ORS 454.605 to 454.755

 

454.607 Policy

 

454.610 Regulationof gray water discharge; permit; rules

 

454.615 Rulesfor sewage disposal systems and disposal facilities

 

454.625 Rules

 

454.635 Noticeof violation; service; request for hearing; conduct of hearing; order

 

454.640 Contractagent enforcement of standards

 

454.645 Enforcementwhen health hazard exists

 

454.655 Permitrequired for construction; application; time limit; special applicationprocedure for septic tank installation on parcel of 10 acres or more

 

454.657 Variancefrom subsurface sewage disposal system rules or standards; conditions; hearing

 

454.660 Delegationof variance powers; appeal; qualification of officers; hearing and decision

 

454.662 Variancefee; low income elderly exemption

 

454.665 Inspectionof completed construction; certificate of satisfactory completion; appeal fromdenial or revocation of certificate

 

454.675 Exemptions;application to alterations or repairs

 

454.685 Orderlimiting or prohibiting construction of sewage disposal systems; factors to beconsidered

 

454.695 Licenserequired to perform sewage disposal services; application; rules

 

454.705 Bond;content; action on bond; notice of bond

 

454.710 Depositin lieu of bond

 

454.715 Suspensionor revocation of license

 

454.725 Contractswith local governments

 

454.745 Permit,service, report, variance and license fees; refund; waiver

 

454.755 Feesfor certain reports on sewage disposal

 

SEPTAGE

 

454.782 Definitionsfor ORS 454.782 to 454.800

 

454.784 Policy

 

454.787 Findings

 

454.790 Permitor license required to collect, store, transport, treat, recycle or dispose ofseptage

 

454.792 Rules

 

454.795 Countyregulation of septage

 

454.797 Assessmentof county for expenses of rulemaking

 

454.800 Landapplication of septage; permit requirements

 

REQUIREDCONNECTIONS

 

454.805 Assessmentfor installation costs

 

TREATMENTWORKS

 

454.010Definitions 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 todetermine 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, orextension of treatment works, or the inspection or supervision of any of theforegoing items.

(2)“Industrial user” means a recipient of treatment works services for any liquid,gaseous, radioactive or solid waste substance or a combination thereofresulting from any process of industry, manufacturing, trade or business orfrom the development or recovery of any natural resources.

(3)“Municipality” means any county, city, special service district or othergovernmental entity having authority to dispose of or treat or collect sewage,industrial wastes or other wastes, or any combination of two or more of theforegoing acting jointly.

(4)“Replacement” means those expenditures for obtaining and installing equipment,accessories, or appurtenances during the useful life of the treatment worksnecessary to maintain the capacity and performance for which such works aredesigned 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 aliquid nature, necessary to recycle or reuse water at the most economical costover the estimated life of the works, including intercepting sewers, outfallsewers, sewage collection systems, pumping, power, and other equipment, andtheir appurtenances; extensions, improvements, remodeling, additions, andalterations thereof; elements essential to provide a reliable recycled supplysuch as standby treatment units and clear well facilities; and any works,including site acquisition of the land that will be an integral part ofresidues resulting from such treatment.

(b)In addition to the definition contained in paragraph (a) of this subsection, “treatmentworks” means any other method or system for preventing, abating, reducing,storing, treating, separating, or disposing of municipal waste, including stormwater runoff, or industrial waste, including waste in combined storm water andsanitary sewer systems. [1973 c.101 §2]

 

454.020Compliance with state and federal standards; enforcement. TheEnvironmental Quality Commission may require each user of the treatment worksof a municipality to comply with the toxic and pretreatment effluent standardsand inspection, monitoring and entry requirements of the Federal WaterPollution Control Act, as enacted by Congress, October 18, 1972, and actsamendatory thereof or supplementary thereto, and federal regulations andguidelines issued pursuant thereto. The commission may institute actions orproceedings for legal or equitable remedies to enforce such compliance. [1973c.101 §5; 1979 c.284 §146]

 

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