72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 3016
 
LC 2019/HB 3016-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3016
 
            By COMMITTEE ON ENVIRONMENT AND LAND USE
 
                            April 18
 
  Delete lines 4 through 18 of the printed bill and insert:
  '  { +  SECTION 1. + }  { + As used in sections 2 and 3 of this
2003 Act:
  ' (1) 'Clustered' means that dwellings are situated so that
establishment of an approved community sewer system or alternate
sewage disposal system is practicable, provides protection for
the public health and maintains or improves environmental
quality.
  ' (2) 'Local government' has the meaning given that term in ORS
174.116. + }
  '  { +  SECTION 2. + }  { + (1) The owners of dwellings
clustered in rural areas may:
  ' (a) Establish a community sewer system or alternate sewage
disposal system approved by the Environmental Quality Commission
or the Department of Environmental Quality under ORS chapter 454,
468 or 468B to serve the dwellings; or
  ' (b) Be served by a sewer system established by a nearby local
government.
  ' (2) A local government may provide a sewer connection to
dwellings clustered on rural lands that abut or are within one
mile of the boundary of the local government. + }
  '  { +  SECTION 3. + }  { + Prior to obtaining approval from
the Environmental Quality Commission or the Department of
Environmental Quality for the installation of a community sewer
system or an alternative sewage disposal system under section 2
of this 2003 Act, the owners of each dwelling to be served by the
system shall enter into a common maintenance agreement in favor
of a local government that constitutes a deed restriction to be
recorded by the local government in the deed records of the
county. The maintenance agreement must:
  ' (1) Allocate proportionate shares of the cost of maintenance
of the system to the lots and parcels on which the dwellings to
be served are located;
  ' (2) Authorize the local government to enforce the provisions
of the agreement; and
  ' (3) Authorize the local government to recover attorney fees
and the actual costs incurred to enforce the agreement. + }
  '  { +  SECTION 4. + }  { + (1) The Land Conservation and
Development Commission may not adopt or apply a land use planning
goal or an administrative rule that conflicts with section 2 of
this 2003 Act.
  ' (2) Not later than July 1, 2004, the commission shall amend
or repeal a land use planning goal or an administrative rule that
conflicts with section 2 of this 2003 Act. + } ' .
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