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Section 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 […]

Section 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 […]

Section 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 […]

Section 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 […]

Section 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 […]

Section 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 […]

Section 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 […]

Section 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 […]

Section 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 […]

Section 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 […]

Section 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 […]

Section 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, […]

Section 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 […]

Section 454.415

[Formerly 449.395; 1975 c.248 §2; renumbered 468.742 and then 468B.055]