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Oregon Revised Statutes

Or. Rev. Stat. § 448.410 (2026)

Authority and duties of Environmental Quality Commission; rules; fees

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      448.410 Authority and duties of Environmental Quality Commission; rules; fees. (1) The Environmental Quality Commission shall:

      (a) Adopt rules necessary to carry out the provisions of ORS 448.410 to 448.430 and 448.992.

      (b) Classify all sewage treatment works. In classifying the sewage treatment works, the commission shall take into consideration size and type, character of wastewater to be treated and other physical conditions affecting the sewage treatment works and the skill, knowledge and experience required of an operator.

      (c) Certify persons qualified to supervise the operation of sewage treatment works.

      (d) Subject to the prior approval of the Oregon Department of Administrative Services, establish a schedule of fees for certification under paragraph (c) of this subsection. The fees established under the schedule shall be sufficient to pay the costs incurred by the Department of Environmental Quality in carrying out the provisions of ORS 448.410 to 448.430 and 448.992 and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board.

      (2) The commission may grant a variance from the requirements of ORS 448.415, according to criteria established by rule by the commission.

      (3) In adopting rules under this section, the commission shall consult with the Oregon Health Authority in order to coordinate rules adopted under this section with rules adopted by the authority under ORS 448.450. [1987 c.635 §2; 1991 c.703 §9; 2003 c.14 §273; 2009 c.595 §867; 2023 c.602 §6]

 

      Note: See note under 448.405.

Notes of Decisions
Cited in 1 case, 1992–1992 · leading case: Gilliam Cnty. v. Dep't of Env't Quality, 837 P.2d 965 (Or. Ct. App. 1992).
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Gilliam Cnty. v. Dep't of Env't Quality, 837 P.2d 965 (Or. Ct. App. 1992). “Those statutes now contain language similar to that in ORS 448.410(l)(d), which governs the adoption of fees to certify persons qualified to supervise the operation of sewage treatment works: “Subject to the prior approval of the Executive Department and a report to the…”
Or. Rev. Stat. § 448.410(l)(d): 1 case
Gilliam Cnty. v. Dep't of Env't Quality, 837 P.2d 965 (Or. Ct. App. 1992). “Those statutes now contain language similar to that in ORS 448.410(l)(d), which governs the adoption of fees to certify persons qualified to supervise the operation of sewage treatment works: “Subject to the prior approval of the Executive Department and a report to the…”
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