Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 222.898

Determination if health danger can be alleviated; approval of plans; notice to city

Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      222.898 Determination if health danger can be alleviated; approval of plans; notice to city. (1) Within 60 days of receipt of the preliminary plans and other documents submitted as required by ORS 222.897, the appropriate reviewing authority shall determine whether the conditions dangerous to public health within the territory proposed to be annexed can be removed or alleviated by the sanitary, water or other facilities proposed by the plans and specifications.

      (2) If such authority considers the proposed facilities and the time schedule for installation of such facilities adequate to remove or alleviate the dangerous conditions, it shall approve the proposal and certify its approval to the city.

      (3) If the authority considers the proposed facilities or time schedule inadequate, it shall disapprove the proposal and certify its disapproval to the city including the particular matters causing the disapproval. The city council shall then submit an additional or revised proposal.

      (4) In the event the authority upon review of the plans and other documents submitted under subsection (1) of this section determines that the danger to public health in the area proposed to be annexed cannot be removed or alleviated by sanitary, water or other facilities ordinarily provided by incorporated cities it shall terminate the proceedings upon the proposal and notify the city. [1975 c.639 §13]

Notes of Decisions
Cited in 6 cases, 1980–2020 · leading case: West Side Sanitary District v. Land Conservation & Development Commission
Sort: Relevance Newest Treatment
West Side Sanitary District v. Land Conservation & Development Commission (1980) or · cites it 18× “The instant case arises from a petition to the Land Conservation and Development Commission (LCDC), requesting that LCDC review the certification of the Environmental Quality Commission (EQC), issued pursuant to ORS 222.898, which approves the plan submitted by the City of…”
City of Corvallis v. State of Oregon (2020) orctapp “It is also notable that, even though the state health division makes the predicate finding with respect to a health-hazard annexation, the legislative body of the city still must issue an ordinance effectuating the annexation. See ORS 222.900(1) (requiring the city to adopt an…”
West Side Sanitary District v. Land Conservation & Development Commission (1980) or · cites it 2× “LCDC (#26779), 289 Or 409 , 614 P2d 1148 (1980), petitioners sought LCDC review of the order of the Environmental Quality Commission (EQC), issued pursuant to ORS 222.898, approving city plans to remove or alleviate the health hazard.”
State Ex Rel. Rodriguez v. Gebbie (1980) or · cites it 2× “LCDC (# 26779), 289 Or 409 , 614 P2d 1148 (1980), plaintiffs sought LCDC review of the Environmental Quality Commission (EQC) order issued pursuant to ORS 222.898, approving city plans to remove or alleviate the health hazard.”
West Side Sanitary District v. Health Division of the Department of Human Resources (1980) or · cites it 5× “EQC evaluated the City’s plans pursuant to ORS 222.898 and, on January 29, 1979, issued a certificate approving the City’s plans.”
City of Ashland v. Bear Creek Valley Sanitary Authority (1982) orctapp · cites it 6× “898 4 was limited to determining whether the plan was adequate to solve the health problem: “We are of the opinion that the legislature did not intend application of ORS 222.898, by either EQC or the Health Division, to involve a consideration of land use planning goals.”
— Or. Rev. Stat. § 222.898(2) — 1 case
West Side Sanitary District v. Land Conservation & Development Commission (1980) or “The instant case arises from a petition to the Land Conservation and Development Commission (LCDC), requesting that LCDC review the certification of the Environmental Quality Commission (EQC), issued pursuant to ORS 222.898, which approves the plan submitted by the City of…”
— Or. Rev. Stat. § 222.898(3) — 2 cases
West Side Sanitary District v. Land Conservation & Development Commission (1980) or “The instant case arises from a petition to the Land Conservation and Development Commission (LCDC), requesting that LCDC review the certification of the Environmental Quality Commission (EQC), issued pursuant to ORS 222.898, which approves the plan submitted by the City of…”
City of Ashland v. Bear Creek Valley Sanitary Authority (1982) orctapp “898 4 was limited to determining whether the plan was adequate to solve the health problem: “We are of the opinion that the legislature did not intend application of ORS 222.898, by either EQC or the Health Division, to involve a consideration of land use planning goals.”
— Or. Rev. Stat. § 222.898(4) — 1 case
West Side Sanitary District v. Land Conservation & Development Commission (1980) or “The instant case arises from a petition to the Land Conservation and Development Commission (LCDC), requesting that LCDC review the certification of the Environmental Quality Commission (EQC), issued pursuant to ORS 222.898, which approves the plan submitted by the City of…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.