reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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 or to the Joint Interim Committee on Ways and Means 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; 2012 c.107 §15]
Note:
See note under 454.430.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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 agency’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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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 have a lien against the assessed property for the amount of the public agency’s payment and interest thereon as specified in the public agency’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 agency’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 agency’s adopted assessment deferral loan program. [Formerly 468.983]
Note:
See note under 454.430.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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 state’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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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 works.
(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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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 municipality’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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 454.607 - Policy.

It is the public policy of the State of Oregon to encourage:
(1) Improvements to, maintenance of and innovative technology for subsurface and alternative sewage disposal systems and nonwater-carried sewage disposal facilities consistent with the protection of the public health and safety and the quality of the waters of this state; and
(2) The appropriate reuse of gray water for beneficial uses. [1999 c.551 §2; 2009 c.248 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 454.610 - Regulation of gray water discharge; permit; rules.

(1) A person may not construct, install or operate a gray water reuse and disposal system without first obtaining a permit from the Department of Environmental Quality. A gray water reuse and disposal system for which a permit has been issued under this section is exempt from the requirements of ORS 454.655. The Environmental Quality Commission shall adopt rules for permits issued under this section. In adopting the rules, the commission shall:
(a) Consider the recommendations of an advisory committee appointed by the department pursuant to ORS 183.333;
(b) Minimize the burden of permit requirements on property owners; and
(c) Prescribe requirements that allow for separate systems for the treatment, disposal or reuse of gray water. These requirements must ensure the protection of:
(A) Public health, safety and welfare;
(B) Public water supplies; and
(C) Waters of the state, as that term is defined in ORS 468B.005.
(2) Subject to ORS 454.645, the rules adopted by the commission under this section may not prohibit the discharge of gray water if:
(a) Soil and site conditions for such gray water conform to the rules of the department 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 that is functioning satisfactorily, or a public sewage system that serves the dwelling from which such gray water is derived. [1977 c.523 §6; 1999 c.551 §4; 2001 c.104 §194; 2009 c.248 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 454.615 - Rules for sewage disposal systems and disposal facilities.

The Environmental Quality Commission shall adopt rules that:
(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 earthmoving 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. [1973 c.835 §209; 1975 c.167 §2; 2009 c.248 §5]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 454.620 - Rules for connecting accessory dwelling unit to sewage disposal system.

The Environmental Quality Commission shall adopt rules setting forth the conditions for approving a proposal to permanently connect an accessory dwelling unit located on the same lot or parcel as a single-family dwelling to the same subsurface sewage disposal system or alternative sewage disposal system as the single-family dwelling. [2023 c.371 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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 commission’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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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 Oregon and may petition for a mandatory injunction compelling the person or governmental unit in control of the system or facility to cease and desist operation or to make such improvements or corrections as are necessary to remove the public health hazard or threat thereof.
(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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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 311.666, of $15,000 or less. [1975 c.309 §4; 1979 c.591 §1; 1999 c.551 §7; 2015 c.348 §20]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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 days’ 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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 in the amount established by rule by the Environmental Quality Commission and shall be executed by the applicant as principal and by a surety company authorized to transact a surety business within the State of Oregon as surety.
(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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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 401.165. 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 454.777 - Policy.

The Legislative Assembly declares it to be the policy of this state to assist the people of this state in protecting public health and safety and the quality of the waters of this state by making grants available for the development of low-interest loan programs for the repair, replacement, upgrade or evaluation of residential or small business on-site septic systems. The Legislative Assembly also declares it to be the policy of this state to support the availability of affordable loans to assist residents to remain in their homes and thereby promote long-term home ownership and sustainable housing opportunities. [2016 c.87 §1]
Note:
454.777 and 454.779 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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 consistent with the protection of the public health and safety and the quality of the waters of this state. [1999 c.978 §2]
Note:
See note under 454.782.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 454 - Sewage Treatment and Disposal Systems › Section 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.