2017 ORS 454.745¹
Permit, service, report, variance and license fees
  • refund
  • waiver

(1) In conjunction with the rules adopted under ORS 454.615 (Rules for sewage disposal systems and disposal facilities) and 454.625 (Rules), the Environmental Quality Commission shall establish a schedule of application fees for services rendered, permits, reports, variances and licenses and for the registration of sewage disposal service license holders and workers. The fees shall be based upon actual costs for efficiently conducted minimum services, as developed by the Director of the Department of Environmental Quality.

(2) Each local unit of government that has entered into an agreement with the Department of Environmental Quality under ORS 454.725 (Contracts with local governments) may establish a schedule of application fees for services rendered, permits, reports and variances. The fees shall be based on actual costs for efficiently conducted minimum services, as developed by the local unit of government. Notwithstanding the authority to adopt a schedule of fees, no contract provided for under ORS 454.725 (Contracts with local governments) shall be entered into or continued when the total amount of fees collected by the local unit of government exceeds the total cost of the program for providing the services rendered, permits, reports and variances issued under this section.

(3) The department or its contract agent may refund all or a portion of a fee accompanying an application for a permit pursuant to ORS 454.655 (Permit required for construction), a variance pursuant to ORS 454.662 (Variance fee), a license pursuant to ORS 454.695 (License required to perform sewage disposal services) or a report pursuant to ORS 454.755 (Fees for certain reports on sewage disposal) if the applicant withdraws the application before the department or its contract agent has done any field work or other substantial review of the application.

(4) Notwithstanding the requirements of ORS 454.655 (Permit required for construction) (3) and 454.755 (Fees for certain reports on sewage disposal) (1), the Environmental Quality Commission may waive a fee prescribed in subsection (1) of this section in the event a state of emergency is declared under ORS 401.165 (Declaration of state of emergency). The commission shall determine whether to waive a fee contained in subsection (1) of this section on a case-by-case basis. The commission may delegate the authority granted under this section to the director.

(5) Fees collected under subsection (1) of this section shall be deposited in the State Treasury and credited to an account of the department. The moneys received are continuously appropriated to the department to carry out the requirements of ORS 454.605 (Definitions for ORS 454.605 to 454.755) to 454.755 (Fees for certain reports on sewage disposal). [1973 c.835 §220; 1974 c.30 §3; 1975 c.167 §10; 1975 c.607 §33; 1979 c.591 §2; 1997 c.64 §1; 1999 c.551 §13]

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.