Resolution requesting Oregon Health Authority to initiate formation or annexation
(1) The county court or local public health authority, as defined in ORS 431.003 (Definitions), having jurisdiction over the territory where conditions dangerous to the public health exist shall adopt a resolution requesting the Oregon Health Authority to initiate proceedings for the formation of a district or annexation of territory to, or delivery of appropriate water or sewer services by, an existing district without vote or consent in the affected territory. The resolution shall:
(a) Describe the boundaries of the affected territory;
(b) Describe the conditions alleged to be causing a danger to public health;
(c) Request the authority to ascertain whether conditions dangerous to public health exist in the affected territory and whether such conditions could be removed or alleviated by the provision of service facilities; and either
(d) Recommend a district that the affected territory could be included in or annexed to for the purpose of providing the requested service facilities; or
(e) Recommend that an existing district provide service facilities in the affected territory.
(2) The requesting body shall cause a certified copy of the resolution, together with the time schedule and preliminary plans and specifications, prepared in accordance with subsection (3) of this section, to be forwarded to the Oregon Health Authority.
(3) The requesting body shall cause a study to be made and preliminary plans and specifications prepared for the service facilities considered necessary to remove or alleviate the conditions causing a danger to public health. The requesting body shall prepare a schedule setting out the steps necessary to put the facilities into operation and the time required for each step in implementation of the plans.
(4) If the preliminary plans involve facilities that are subject to the jurisdiction of the Environmental Quality Commission, a copy of the documents submitted to the Oregon Health Authority under subsection (2) of this section shall be submitted to the commission for review, in accordance with ORS 431.725 (Oregon Health Authority to review resolution), of those facilities that are subject to its jurisdiction. No order or findings shall be adopted under ORS 431.735 (Director’s authority under ORS 431.705 to 431.760) or 431.756 (Judicial review) until the plans of the requesting body for such facilities, if any, have been approved by the commission. [1973 c.361 §3; 1981 c.888 §4; 2009 c.595 §578; 2015 c.736 §73]
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