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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