ORS 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 jurisdiction or service area will pay its proportionate share of the costs of operation, maintenance and replacement of any treatment works facilities or services provided by the municipality.

(2)

A municipality is authorized to require industrial users of its treatment works to pay to the municipality that portion of the cost of construction of the treatment works which is allocable to the treatment of such industrial user’s wastes. The Department of Environmental Quality is authorized to determine whether the payment required of the industrial user for the portion of the cost of the construction of the treatment works is properly allocable to the treatment of the industrial user’s wastes.

(3)

A municipality is authorized to retain the amounts of the revenues derived from the payment of costs by industrial users of its treatment works services and expend such revenues, together with interest thereon, for:

(a)

Repayment to applicable agencies of government of any grants or loans made to the municipality for construction of the treatment works; and

(b)

Future expansion and reconstruction of the treatment works; and

(c)

Other municipal purposes.

(4)

A municipality shall keep records, financial statements and books regarding its rates and charges and amounts collected on account of its treatment works and how such revenues are allocated. The Department of Environmental Quality may inspect such records, financial statements and books, audit them, or cause them to be audited, at such intervals as deemed necessary.

(5)

In the event a municipality fails, neglects or refuses when required by the Environmental Quality Commission to adopt the system of charges and rates authorized by this section, or fails, neglects or refuses to comply with ORS 454.010 (Definitions for ORS 454.010 to 454.040) to 454.060 (Powers in addition to other municipal or commission powers), the commission may adopt a system of charges and rates as provided for in subsection (1) of this section and collect, administer and apply such revenues for the purposes of subsection (3) of this section.

(6)

In lieu of proceeding in the manner set forth in subsection (5) of this section, the commission may institute actions or proceedings for legal or equitable remedies to enforce compliance with, or restrain violations of, ORS 454.010 (Definitions for ORS 454.010 to 454.040) to 454.060 (Powers in addition to other municipal or commission powers). [1973 c.101 §3; 1979 c.284 §147]

Source: Section 454.030 — Rates and charges to meet costs of treatment works; use of funds; enforcement, https://www.­oregonlegislature.­gov/bills_laws/ors/ors454.­html.

Notes of Decisions

City ordinance setting monthly sewer charges under this section was legislative rather than quasi-judicial and, therefore, writ of review was unnecessary and trial court’s dismissal was improper. Collier v. City of Shady Cove, 104 Or App 188, 799 P2d 691 (1990)

454.010
Definitions for ORS 454.010 to 454.040 454.020
Compliance with state and federal standards 454.025
Limitation on siting or constructing treatment works or discharge 454.030
Rates and charges to meet costs of treatment works 454.040
Determination of costs payable by users 454.050
Rules 454.060
Powers in addition to other municipal or commission powers 454.105
Definitions for ORS 454.105 to 454.175 454.115
Authority over disposal systems 454.125
Bond election 454.135
Bonds issued to finance disposal system 454.145
Bond content 454.155
Refunding bonds 454.165
Joint agreements for construction and financing of disposal systems 454.175
Agreements with industrial establishment 454.205
“Municipality” defined 454.215
Authority over disposal systems 454.225
Rates and charges 454.235
Election 454.245
Serial bonds 454.255
Plans and cost estimates 454.275
Definitions for ORS 454.275 to 454.380 454.280
Construction of treatment works by municipality 454.285
Resolution or ordinance 454.290
Study 454.295
Commission review 454.300
Conduct of hearing 454.305
Effect of findings 454.310
Construction authorized upon commission approval 454.317
Resolution or ordinance authorizing levy and collection of seepage charge 454.320
Hearing on resolution or ordinance 454.330
County to collect seepage charge for municipality 454.340
Use of seepage charge 454.350
Effect of ORS 454.317 to 454.350 on contracts between municipalities 454.360
Areawide 208 Plan as master plan for provision of sewage services 454.365
Safety net program to provide financial relief 454.370
Citizens sewer advisory committee 454.375
Filing documentation of sewer charges 454.380
Limitation on spending for nonconstruction items 454.430
Definitions for ORS 454.430 to 454.445 454.433
Policy 454.436
Assessment Deferral Loan Program Revolving Fund 454.439
Conditions for program 454.442
Application for loan 454.445
Lien against assessed property 454.505
Definitions for ORS 454.505 to 454.535 454.515
Grants authorized 454.525
Contracts with municipalities 454.535
Sewage Treatment Works Construction Account 454.605
Definitions for ORS 454.605 to 454.755 454.607
Policy 454.610
Regulation of gray water discharge 454.615
Rules for sewage disposal systems and disposal facilities 454.625
Rules 454.635
Notice of violation 454.640
Contract agent enforcement of standards 454.645
Enforcement when health hazard exists 454.655
Permit required for construction 454.657
Variance from subsurface sewage disposal system rules or standards 454.660
Delegation of variance powers 454.662
Variance fee 454.665
Inspection of completed construction 454.675
Exemptions 454.685
Order limiting or prohibiting construction of sewage disposal systems 454.695
License required to perform sewage disposal services 454.705
Bond 454.710
Deposit in lieu of bond 454.715
Suspension or revocation of license 454.725
Contracts with local governments 454.745
Permit, service, report, variance and license fees 454.755
Fees for certain reports on sewage disposal 454.777
Policy 454.779
Program development and administration grants 454.782
Definitions for ORS 454.782 to 454.800 454.784
Policy 454.787
Findings 454.790
Permit or license required to collect, store, transport, treat, recycle or dispose of septage 454.792
Rules 454.795
County regulation of septage 454.797
Assessment of county for expenses of rulemaking 454.800
Land application of septage 454.805
Assessment for installation costs
Green check means up to date. Up to date

Current through early 2024

§ 454.030’s source at oregon​.gov