2015 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]

Notes of Decisions

Acts of Environ­mental Quality Commission and mu­nic­i­pal­i­ties in adopting order and resolu­tions under these sec­tions were administrative, not legislative, acts, and voters were not entitled to right of initiative and referendum. United Citizens v. Oregon Environ­mental Quality Commission, 104 Or App 51, 799 P2d 665 (1990), Sup Ct review denied

Environ­mental Quality Commission order that considered need for voter approval in assessing economical alternatives to pro­ceed­ing under these sec­tions was not a de facto administrative rule and was not otherwise unlawful. United Citizens v. Environ­mental Quality Commission, 104 Or App 51, 799 P2d 665 (1990), Sup Ct review denied

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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 454, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano454.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.