71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. HB 2978
 
LC 1690/HB 2978-A7
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2978
 
By COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON, AND WATER
 
                             May 23
 
  On page 1 of the printed A-engrossed bill, line 2, after '
197.768' insert ', 221.035 and 454.655'.
  On page 2, line 11, delete 'geographical' and insert '
geographic'.
  In line 12, after 'adopted' insert 'or there has been a natural
disaster or other catastrophic event in a specific geographic
area'.
  After line 38, insert:
  '  { +  SECTION 3. + } ORS 221.035 is amended to read:
  ' 221.035.  { + (1) If a person intends to file a petition for
incorporation under ORS 221.031 (1), the person may file a notice
of intent to prepare an economic feasibility statement with the
county clerk of the county in which the proposed city lies or,
should it lie in more than one county, to the county clerk of the
county in which the largest part of its territory lies.
  ' (2)  + }When a petition for incorporation is filed under ORS
221.031 (1), an economic feasibility statement concerning the
proposed city described in the petition shall also be filed with
the county clerk. The economic feasibility statement shall be
prepared by the persons designated as the chief petitioners and
shall form the basis for the proposed permanent rate limit for
operating taxes required by ORS 221.031 (2). The economic
feasibility statement shall contain:
  '  { - (1) - }   { + (a) + } A description of the services and
functions to be performed or provided by the proposed city;
  '  { - (2) - }   { + (b) + } An analysis of the relationship
between those services and functions and other existing or needed
government services; and
  '  { - (3) - }   { + (c) + } Proposed first and third year
budgets for the new city demonstrating its economic feasibility.
  '  { +  SECTION 4. + }  { + Section 5 of this 2001 Act is added
to and made a part of ORS 221.020 to 221.100. + }
  '  { +  SECTION 5. + }  { + For an area that includes a rural
unincorporated community, as defined in section 2, chapter 132,
Oregon Laws 2001 (Enrolled House Bill 2458), if a notice of
intent to prepare an economic feasibility statement is filed
under ORS 221.035 (1) or a petition for incorporation is filed
under ORS 221.031 (1) before all or a part of the rural
unincorporated community is included in the acknowledged urban
growth boundary of a metropolitan service district organized
under ORS chapter 268, the incorporation may continue under the
statutory requirements that apply to the incorporation of a rural
unincorporated community under section 2, chapter 132, Oregon
Laws 2001 (Enrolled House Bill 2458). However, the area proposed
to be incorporated may include any lands that are included in the
acknowledged urban growth boundary. + }
  '  { +  SECTION 6. + } ORS 454.655 is amended to read:
  ' 454.655. (1) Except as otherwise provided in ORS 454.675,
without first obtaining a permit from the Department of
Environmental Quality, no person shall construct or install a
subsurface sewage disposal system, alternative sewage disposal
system or part thereof. However, a person may undertake emergency
repairs limited to replacing minor broken components of the
system without first obtaining a permit.
  ' (2) A permit required by subsection (1) of this section shall
be issued only in the name of an owner or contract purchaser in
possession of the land. However, a permit issued to an owner or
contract purchaser carries the condition that the owner or
purchaser or regular employees or a person licensed under ORS
454.695 perform all labor in connection with the construction of
the subsurface or alternative sewage disposal system.
  ' (3) The applications for a permit required by this section
must be accompanied by the permit fees prescribed in ORS 454.745.
  ' (4) After receipt of an application and all requisite fees,
subject to ORS 454.685, the department shall issue a permit if it
finds that the proposed construction will be in accordance with
the rules of the Environmental Quality Commission.   { - No - }
 { +  A + } permit
  { - shall - }  { +  may not + } be issued if a community or
area-wide sewerage system is available which will satisfactorily
accommodate the proposed sewage discharge. { +  The prohibition
on the issuance of a permit in this subsection does not apply to
a public agency as defined in ORS 454.430. + }
  ' (5)(a) Unless weather conditions or distance and
unavailability of transportation prevent the issuance of a permit
within 20 days of the receipt of the application and fees by the
department, the department shall issue or deny the permit within
20 days after such date. If such conditions prevent issuance or
denial within 20 days, the department shall notify the applicant
in writing of the reason for the delay and shall issue or deny
the permit within 60 days after such notification.
  ' (b) If within 20 days of the date of the application the
department fails to issue or deny the permit or to give notice of
conditions preventing such issuance or denial, the permit shall
be considered to have been issued.
  ' (c) If within 60 days of the date of the notification
referred to in paragraph (a) of this subsection, the department
fails to issue or deny the permit, the permit shall be considered
to have been issued.
  ' (6) Upon request of any person, the department may issue a
report, described in ORS 454.755 (1), of evaluation of site
suitability for installation of a subsurface or alternative
sewage disposal system or nonwater-carried sewage disposal
facility. The application for such report must be accompanied by
the fees prescribed in ORS 454.755.
  ' (7) With respect to an application for a permit for the
construction and installation of a septic tank and necessary
effluent sewer and absorption facility for a single family
residence or for a farm related activity on a parcel of 10 acres
or more described in the application by the owner or contract
purchaser of the parcel, the Department of Environmental Quality:
  ' (a) Within the period allowed by subsection (5)(a) of this
section after receipt by it of the application, shall issue the
permit or deliver to the applicant a notice of intent to deny the
issuance of the permit;
  ' (b) In any notice of intent to deny an application, shall
specify the reasons for the intended denial based upon the rules
of the Environmental Quality Commission for the construction and
installation of a septic tank and necessary effluent sewer and
absorption facility or based upon the factors included in ORS
454.685 (2)(a) to (j);
  ' (c) Upon request of the applicant, shall conduct a hearing in
the manner provided in ORS 454.635 (4) and (5) on the reasons
specified in a notice of intent to deny the application with the
burden of proof upon the department to justify the reasons
specified; and
  ' (d) In the case of issuance of a permit, may include as a
condition of the permit that no other permit for a subsurface
sewage disposal system or alternative sewage disposal system
shall be issued for use on the described parcel while the
approved septic tank, effluent sewer and absorption facility are
in use on the described parcel.'.
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