ORS 454.685 Order limiting or prohibiting construction of sewage disposal systems; factors to be considered

Whenever the Environmental Quality Commission finds that the construction of subsurface sewage disposal systems, alternative sewage disposal systems or nonwater-carried sewage disposal facilities should be limited or prohibited in an area, it shall issue an order limiting or prohibiting such construction. The order shall be issued only after public hearing for which more than 30 days’ notice is given. Notice must be in form reasonably calculated to notify interested persons in the affected area.

In issuing an order authorized by subsection (1) of this section, the commission shall consider the following factors for the proposed affected area:

Present and projected density of population.

Size of building lots.

Topography.

Porosity and absorbency of soil.

Any geological formations which may adversely affect the disposal of sewage effluent by subsurface means.

Ground and surface water conditions and variations therein from time to time.

Climatic conditions.

Present and projected availability of water from unpolluted sources.

Type of and proximity to existing domestic water supply sources.

Type of and proximity to existing surface waters.

Capacity of existing subsurface sewage disposal systems.