72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2109
A-Engrossed
House Bill 2887
Ordered by the House April 16
Including House Amendments dated April 16
Sponsored by Representative JENSON; Representatives CLOSE,
FLORES, GILMAN, KROPF, MORGAN, G SMITH, Senators CLARNO,
FERRIOLI, MESSERLE
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Adds definition of point source and nonpoint source for
purposes of water pollution statutes.
A BILL FOR AN ACT
Relating to water pollution; amending ORS 199.464, 459A.580 and
468B.005.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 468B.005 is amended to read:
468B.005. As used in the laws relating to water pollution,
unless the context requires otherwise:
(1) 'Disposal system' means a system for disposing of wastes,
either by surface or underground methods and includes municipal
sewerage systems, domestic sewerage systems, treatment works,
disposal wells and other systems.
(2) 'Industrial waste' means any liquid, gaseous, radioactive
or solid waste substance or a combination thereof resulting from
any process of industry, manufacturing, trade or business, or
from the development or recovery of any natural resources.
{ + (3) 'Nonpoint source' means any source of pollution other
than a point source.
(4) 'Point source' means any discernible, confined and discrete
conveyance, including but not limited to a pipe, ditch, channel,
tunnel, conduit, well, discrete fissure, container, rolling
stock, concentrated animal feeding operation, vessel or other
floating craft, from which pollutants are or may be discharged.
'Point source' does not include agricultural storm water
discharges and return flows from irrigated agriculture. + }
{ - (3) - } { + (5) + } 'Pollution' or 'water pollution'
means such alteration of the physical, chemical or biological
properties of any waters of the state, including change in
temperature, taste, color, turbidity, silt or odor of the waters,
or such discharge of any liquid, gaseous, solid, radioactive or
other substance into any waters of the state, which will or tends
to, either by itself or in connection with any other substance,
create a public nuisance or which will or tends to render such
waters harmful, detrimental or injurious to public health, safety
or welfare, or to domestic, commercial, industrial, agricultural,
recreational or other legitimate beneficial uses or to livestock,
wildlife, fish or other aquatic life or the habitat thereof.
{ - (4) - } { + (6) + } 'Sewage' means the water-carried
human or animal waste from residences, buildings, industrial
establishments or other places, together with such ground water
infiltration and surface water as may be present. The admixture
with sewage of wastes or industrial wastes shall also be
considered 'sewage ' within the meaning of ORS 448.305, 454.010
to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to
454.755 and ORS chapters 468, 468A and 468B.
{ - (5) - } { + (7) + } 'Sewerage system' means pipelines
or conduits, pumping stations, and force mains, and all other
structures, devices, appurtenances and facilities used for
collecting or conducting wastes to an ultimate point for
treatment or disposal.
{ - (6) - } { + (8) + } 'Treatment works' means any plant
or other works used for the purpose of treating, stabilizing or
holding wastes.
{ - (7) - } { + (9) + } 'Wastes' means sewage, industrial
wastes, and all other liquid, gaseous, solid, radioactive or
other substances which will or may cause pollution or tend to
cause pollution of any waters of the state.
{ - (8) - } { + (10) + } 'Water' or 'the waters of the
state' include lakes, bays, ponds, impounding reservoirs,
springs, wells, rivers, streams, creeks, estuaries, marshes,
inlets, canals, the Pacific Ocean within the territorial limits
of the State of Oregon and all other bodies of surface or
underground waters, natural or artificial, inland or coastal,
fresh or salt, public or private (except those private waters
which do not combine or effect a junction with natural surface or
underground waters), which are wholly or partially within or
bordering the state or within its jurisdiction.
SECTION 2. ORS 199.464 is amended to read:
199.464. (1) Approval or disapproval under this section shall
be based on the policy stated in ORS 199.410.
(2) Without the approval of a boundary commission, a district
with territory in the jurisdiction of the commission may not
initiate an additional function of the district. Any proposal by
a district to initiate an additional function shall be referred
immediately to the boundary commission that has jurisdiction of
the territory in which the district lies. The district shall take
no further action on the proposal unless the commission approves
the proposal as proposed or modified.
(3) Except for lines which provide no extraterritorial service,
without the approval of a boundary commission, a city or district
with territory in the jurisdiction of the commission shall not
extend a water or sewer line extraterritorially to an extent not
effected on October 5, 1973. Tentative plans for such
extraterritorial extension shall be submitted to the boundary
commission that has jurisdiction of the territory in which the
extension is proposed. If the commission disapproves the plans,
no further action may be taken.
(4) Except as provided in subsection (5)(d) of this section,
within territory subject to the jurisdiction of a boundary
commission, no person may establish a community water supply
system or a privately owned sewerage system or privately owned
disposal system or extend a water line or sewer line without
commission approval. Tentative plans for such approval shall be
submitted to the boundary commission that has jurisdiction of the
territory for which the establishment or extension is proposed.
However, extension by a city or district of water lines or sewer
lines shall be governed by subsection (3) of this section and the
requirements of this section shall not apply to establishment of
a city-owned or district-owned community water supply system
within its boundaries.
(5)(a) A community water supply system within the territory
subject to the jurisdiction of a commission may apply to the
commission for allocation of service territory. If the territory
is allocated to a community water supply system, no other
community water supply system may serve within the territory
without approval of the commission and the approval may not be
given so long as the existing system is reliable and has an
adequate quality and quantity of water.
(b) In condemning all or part of the properties and allocated
service territory of a private community water supply system
through eminent domain, the acquisition price shall be fair
market value.
(c) No part of the acquisition price for all or part of a
community water supply system acquired by eminent domain shall be
specially assessed against the property within the acquired
service territory, or its owners on a special benefit assessment
basis.
(d) A community water supply system to which service territory
has been allocated under this subsection may extend or establish
water lines within the territory without further approval of the
commission.
(6) Action which under this section requires approval by a
boundary commission but is taken without that approval may be
enjoined, upon suit in a court of competent jurisdiction, by the
boundary commission in whose territorial jurisdiction the action
is taken.
(7) As used in this section:
(a) 'Water line' includes every water line except a line
connecting a community water supply system with the premises of
the water user unless the line provides for extraterritorial
extension of service.
(b) 'Sewer line' includes every gravity sewer line that is
eight inches or more in diameter and all force lines regardless
of size, except a line connecting a sewer system with the
premises of the user unless the line provides for
extraterritorial extension of service.
(c) 'Community water supply system' means a source of water and
distribution system whether publicly or privately owned which
serves more than three residences or other users where water is
provided for public consumption including, but not limited to, a
school, farm labor camp, an industrial establishment, a
recreational facility, a restaurant, a motel, a mobile home or
manufactured dwelling park, or a group care home.
(d) 'Sewerage system' is that system described by ORS 468B.005
{ - (5) - } .
(e) 'Disposal system' is that system described by ORS 468B.005
{ - (1) - } , except for individual subsurface disposal systems.
(f) 'Tentative plans' submitted to the boundary commission for
approval shall include:
(A) For the establishment of a water system or extension of a
water line:
(i) The source of the supply and quantity of water available.
(ii) The transmission, distribution and storage system size and
location.
(iii) The proposed number of service connections, a map, and a
legal description indicating the proposed service area.
(B) For the establishment of a sewer system or extension of a
sewer line:
(i) The location of the treatment facility and outfall or other
method of disposal.
(ii) The size and location of the collection system.
(iii) The proposed number of service connections, a map, and a
legal description indicating the proposed service area.
SECTION 3. ORS 459A.580 is amended to read:
459A.580. Unless permitted pursuant to ORS 468B.050, no person
shall dispose of used oil by discharge into sewers, drainage
systems or the waters of this state as defined by ORS 468B.005
{ - (8) - } , or by incineration other than for energy
generating purposes.
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