2011 ORS § 454.340¹
Use of seepage charge
  • credit for system development charge
  • seepage charge to cease if user fee imposed

(1) All seepage charges levied and collected by the governing body shall be used for the construction of treatment works.

(2) System development charges for the installation or replacement of cesspools or septic tanks shall not be imposed by a municipality in any area in which seepage charges are imposed and collected under ORS 454.317 (Resolution or ordinance authorizing levy and collection of seepage charge) to 454.350 (Effect of ORS 454.317 to 454.350 on contracts between municipalities). If an owner of real property against which seepage charges are imposed has already paid a system development charge for the installation or replacement of cesspools or septic tanks for that real property, the owner shall be allowed a credit against the seepage charge otherwise payable in an amount equal to the system development charge.

(3) When a user fee for the use of treatment works is imposed upon real property, all seepage charges levied against that real property shall cease.

(4) The governing body shall, by ordinance, allocate all of the seepage charges collected under ORS 454.317 (Resolution or ordinance authorizing levy and collection of seepage charge) to 454.350 (Effect of ORS 454.317 to 454.350 on contracts between municipalities) for the purpose of allowing owners of real properties against which the seepage charges are imposed a credit against the future connection charges or system development charges otherwise due when those real properties are connected to treatment works.

(5) If the municipality levying the seepage charges is not the municipality imposing the connection charges or system development charges imposed at the time of connection to the treatment works, then the municipality levying the seepage charges shall transfer those seepage charges it has collected to the municipality imposing the connection charges or system development charges imposed at the time of connection to the treatment works. [1983 c.235 §6; 1985 c.680 §1]