2017 ORS 454.797¹
Assessment of county for expenses of rulemaking

(1) If a county requests the Environmental Quality Commission to adopt rules under ORS 454.792 (Rules) in order that the county may be allowed to perform the duties of the Department of Environmental Quality under ORS 454.782 (Definitions for ORS 454.782 to 454.800) to 454.800 (Land application of septage), the department may assess the county for the reasonable expenses of the department and the commission in carrying out the rulemaking proceeding.

(2) The department shall recover the costs of the department and the commission in conducting the rulemaking proceeding in the following manner:

(a) The county shall fully reimburse the department for the reasonable costs of the rulemaking process.

(b) The department shall appropriately document the direct and indirect costs of the department and the commission and collect payment for such costs from the county. The department shall collect a deposit from the county, against which the department shall bill until the deposit is depleted. When the deposit is depleted, the department shall collect an additional deposit. The county shall submit an initial deposit of the estimated expenses of the department and the commission in completing the rulemaking process before the commission begins the process. The department shall deliver to the county an accounting of all charges and the amount of the deposit remaining at the closure of each month’s accounting records.

(3) All moneys collected by the Department of Environmental Quality pursuant to this section shall be deposited into the General Fund of the State Treasury to an account of the Department of Environmental Quality. Such moneys are continuously appropriated to the Department of Environmental Quality for the payment of expenses of the Department of Environmental Quality and the Environmental Quality Commission in conducting the rulemaking proceeding under ORS 454.792 (Rules).

(4) A county may fund the assessment charged under subsections (1) and (2) of this section from any public or private financial resources available to the county, including but not limited to community development funds received from the Oregon Business Development Department. [1999 c.978 §7]

Note: See note under 454.782 (Definitions for ORS 454.782 to 454.800).

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.