2017 ORS 454.030¹
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]

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)

Chapter 454

Atty. Gen. Opinions

Employ­ment of journeyman plumbers to construct drain and sewerage lines, (1976) Vol 37, p 1404

1 Legislative Counsel Committee, CHAPTER 454—Sewage Treatment and Disposal Systems, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors454.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 454, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano454.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.