Current through Register Vol. 63, No. 3, March 1, 2024
(1) Oregon's publicly owned sewerage
utilities have since 1956 developed an increasing reliance on federal sewerage
works construction grant funds to meet a major portion of the cost of their
sewerage works construction needs. This reliance did not appear unreasonable
based on federal legislation passed up through 1978. Indeed, the Environmental
Quality Commission (Commission) has routinely approved compliance schedules
with deadlines contingent on federal funding. This reliance no longer appears
reasonable based on recent and proposed legislative actions and appropriations
and the general state of the nation's economy.
(2) The federal funds expected for future
years will address a small percentage of Oregon's sewerage works construction
needs. Thus, continued reliance by DEQ and public agencies on federal funding
for sewerage works construction will not assure that sewage from a growing
Oregon population will be adequately treated and disposed of so that health
hazards and nuisance conditions are prevented, and beneficial uses of public
waters are not threatened or impaired by quality degradation.
(3) Therefore, the following statements of
policy are established to guide future sewerage works planning and
construction:
(a) The Commission remains
strongly committed to its historic program of preventing water quality problems
by requiring control facilities to be provided prior to the connection of new
or increased waste loads;
(b) The
Commission urges each sewerage utility in Oregon to develop, as soon as
practicable, a financing plan that will ensure that future sewerage works
construction, operation, maintenance and replacement needs can be met in a
timely manner. Such financing plans will be a prerequisite to Department
issuance of permits for new or significantly modified sewerage facilities, for
approval of plans for new or significantly modified sewerage facilities, or for
access to funding assistance from the State pollution control bond fund. The
Department may accept assurance of development of such financing plan if
necessary to prevent delay in projects already planned and in the process of
implementation. The Department will work with the League of Oregon Cities and
others as necessary to aid in the development of financing plans;
(c) No sewerage utility should assume that it
will receive grant assistance to aid in addressing its planning and
construction needs;
(d) Existing
sewerage facility plans that are awaiting design and construction should be
updated where necessary to include:
(A)
Evaluation of additional alternatives where appropriate, and re-evaluation of
costs of existing alternatives;
(B)
Identification and delineation of phased construction alternatives;
and
(C) A financing plan which will
assure ability to construct facilities over an appropriate time span with
locally derived funds.
(e) New sewerage works facility planning
initiated after October 1, 1981 should not be approved without adequate
consideration of alternatives and phased construction options, and without a
financing plan which assures adequate funding for construction, operation,
maintenance and replacement of sewerage facilities:
(A) The Commission recognizes that many
cities in need of immediate sewerage works construction have completed planning
and are awaiting design or construction funding. These cities have developed
their program relying on 75 percent federal grants. They will have difficulty
developing and implementing alternatives to fund immediate construction needs.
Many are, or will be, under moratoriums on new connections because existing
facilities are at, or near, capacity. The Commission will consider the
following interim measures as a means of assisting these cities to get on a
self-supporting basis provided that an approvable long-range program is
presented:
(i) Temporary increases in waste
discharge loading may be approved provided a minimum of secondary treatment, or
equivalent control is maintained and beneficial uses of the receiving waterway
are not impaired;
(ii) Installation
and operation of temporary treatment works may be approved providing:
(I) The area served is inside an approved
urban growth boundary and the proposal is consistent with State Land Use
Planning laws;
(II) A master
sewerage plan is adopted which shows how and when the temporary facilities will
be phased out;
(III) The public
agency responsible for implementing the master plan is the owner and operator
of the temporary facilities;
(IV)
Sewerage service to the area served by the temporary facility is necessary as
part of the financing program for master plan implementation and no other
option for service is practicably available;
(V) An acceptable receiving stream or method
of effluent disposal is available for the temporary facility.
(B) Compliance
schedules and other permit requirements may be modified to incorporate an
approved interim program. Compliance with a permit so modified will be required
at all times.
(f)
Sewerage Construction programs should be designed to eliminate raw sewage
bypassing during the summer recreation season (except for a storm event greater
than the ten-year, 24-hour storm) as soon as practicable. A program and
timetable should be developed through negotiation with each affected source.
Bypasses which occur during the remainder of the year should be eliminated in
accordance with an approved longer term maintenance based correction program.
More stringent schedules may be imposed as necessary to protect drinking water
supplies and shellfish growing areas;
(g) Any sewerage utility that is presently in
compliance and foresees a need to plan for future expansion to accommodate
growth, but elects to wait for federal funds for planning and construction,
will make such election with full knowledge that if existing facilities reach
capacity before new facilities are completed, a new-connection moratorium will
be imposed. Such moratorium will not qualify them for any special
consideration, since its presence is deemed a matter of their choice;
(h) The Department will continue to assist
cities to develop interim and long-range programs, use construction schedules
and to secure financing for essential construction.
Stat. Auth.: ORS 468.020, 468B.030, 468B.035 &
468B.048
Stats. Implemented: ORS 468B.030, 468B.035 &
468B.048
