ORS 454.779
Program development and administration grants

  • rules
  • requirements
  • grant preferences

(1)

As used in this section and ORS 454.777 (Policy):

(a)

“Available sewer” means an existing public sewer system that a residence or small business is capable of being connected to:

(A)

In compliance with state and local law; and

(B)

Without a significant extension of the public sewer system.

(b)

“Loan program” means a program funded by a grant awarded under this section.

(c)

Intentionally left blank —Ed.

(A)

“On-site septic system” means a subsurface on-site sewage treatment and disposal system, including, but not limited to, alternative sewage disposal systems, nonwater-carried sewage disposal facilities and subsurface sewage disposal systems as those terms are defined in ORS 454.605 (Definitions for ORS 454.605 to 454.755).

(B)

“On-site septic system” does not include any system that is designed to treat and dispose of industrial waste.

(d)

“Small business” means a corporation, partnership, sole proprietorship or other legal entity formed for the purpose of making a profit and that generates less than 3,500 gallons of wastewater per day.

(2)

The Department of Environmental Quality shall award grants for the purpose of developing and administering loan programs to provide low-interest loans for the purposes described in subsection (3)(b) of this section. The Environmental Quality Commission may adopt rules necessary to implement the provisions of this section.

(3)

The department may not disburse grant funds under this section unless the department and the intended grant award recipient first enter into a grant agreement. The grant agreement must:

(a)

Provide that a lender that participates in a loan program must agree to subordinate the lender’s lien to the borrower’s consensual mortgage lien.

(b)

Require that loans provided to borrowers under a loan program must be used for at least one of the following purposes to address a public health and safety risk or to otherwise protect or maintain water quality in the waters of this state:

(A)

To repair a damaged, malfunctioning or inoperable residential or small business on-site septic system.

(B)

To replace a damaged, malfunctioning or inoperable residential or small business on-site septic system with:
(i)
A new, used or reconditioned functional residential or small business on-site septic system;
(ii)
A new, used or reconditioned functional cluster on-site septic system; or
(iii)
A connection to an available sewer, and to properly decommission and discontinue use of the on-site septic system.

(C)

To upgrade a residential or small business on-site septic system with a newer or more advanced on-site septic system. An upgrade may include alterations if the work is part of a repair or if the on-site septic system being upgraded is more than 25 years old.

(D)

To replace the waste disposal well or sewage drill hole of an otherwise functional residential or small business on-site septic system.

(E)

To conduct a regional evaluation of community, residential or small business on-site septic systems to determine whether repair or replacement is necessary.

(c)

Require that, if a residence or small business with a damaged, malfunctioning or inoperable on-site septic system is located within the territory of an available sewer, and is required to connect to the available sewer, a loan provided under a loan program to address the damaged, malfunctioning or inoperable on-site septic system must be used to install a connection to the available sewer and to properly decommission and discontinue use of the on-site septic system.

(d)

Require that a loan provided under a loan program must be in an amount that covers 100 percent of the costs associated with the purposes under paragraph (b) of this subsection for which the loan is provided, unless the borrower requests and consents to a loan that covers a lower percentage of the costs.

(e)

Require that a grant award recipient must provide a mechanism for ensuring compliance with any locally required operation and maintenance of an on-site septic system for which a loan is provided under a loan program.

(f)

Require that a grant award recipient use accounting, auditing and fiscal procedures that conform to generally accepted government accounting standards.

(4)

In selecting grant award recipients under this section, the department shall give preference to applicants that:

(a)

Prioritize, but do not limit themselves to, providing loans to low and moderate income and small business applicants that are unable to obtain traditional financing;

(b)

Can demonstrate prior success in offering, underwriting, servicing and managing loans to:

(A)

Members of low and moderate income populations;

(B)

Persons with a range of credit qualifications; and

(C)

Residential and commercial borrowers; and

(c)

Plan to engage additional stakeholders in outreach and marketing efforts for a loan program. [2016 c.87 §2; 2017 c.255 §1]
Note: See note under 454.777 (Policy).

Source: Section 454.779 — Program development and administration grants; rules; requirements; grant preferences, https://www.­oregonlegislature.­gov/bills_laws/ors/ors454.­html.

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
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