Item A - PH on MWMC/Metro Plan - Laserfiche WebLink

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Dept. of Land Conservation and Development_660_.011 Page 9 of 11 (A) Adopts land use regulations to 'ensure the sewer sys. tem shall not serve land outside urban growth boundaries or unincorporated community boundaries, except as authorized under section (4) of this rule; and (B) Determines that the system satisfies ORS 21.~.296(1) or (2) to protect farm and forest practices, except for system~ located in the subsurface of public roads and highways along the public right of way. (4) A local government may allow the establishment of a new sewer system, or the extension o'f an existing sewer system, to serve land outside urban growth boundaries and unincorporated community boundaries in order to mitigate a public health of this section are met, as follows: hazard, provided that the conditions in subsections (a) and (b), (a) The Oregon'Department of Environmental Quality (DEQ) or the Oregon Health Division initially: (A) Determines that a public health hazard exists in the area; (B) Determines that the health hazard is caused by sewage from deveIopment that existed in the area on the date of this rule; (C) Describes the physical location of the identified sources ~fthe sewage iontributing to the health hazard; and (ID) Determines that there is no practicable alternative to a sewer system in order to abate the public health hazard; and (b) The lOCal govemment~ in response to the determination in subsection (a) of this section, and based on recommendations by DEQ and the Oregon Health Division where appropriate: (A) Determines the type of sewer system and service to be provided, pursuant to section (5) of this rnle; (B) Determines the boundaries Of the sewer system service area, pursuant to seetio.n (6) of this rule; (C) Adopts land use regulations that ensure the sewer system is designed and constructed so that its capacity does not exceed the minimum necessary to serve the area within the bofindaries descn"oed under paragraph (B) of this subsection, except for urban reserve areas' as provided under OAR 660-021-0040(6); " (D) Adopts land use regulations to prohibit the sewer system from serving any uses other than those existing or allowed in the identified service area on the date the sewer system is approved; .. (E) Adopts plan and zone amendments to ensure that only rural land uses are allowed on rural lands in'the area to be served by the sewer system, consistent with Goal 14 and OAR 660-004-0018, unless a Goal 14 exception has been acknowledged; · (F) Ensures that land use regulations do not authorize a higher density of residential development than would be authorized without the presence of the sewer system; and (G) Determines that the system satisfies ORS 215.296(1) or' (2) to protect farm and forest practices, except for systems located in the subsurface of public roads and highways along the public right of way. (5) Where the Department of Environmental Quality (DEQ) determines that there is no practicable alternative to a sewer system, the local government, based on recommendations from DEQ, shall determine the most practicable sewer system to abate the health hazard considering the following: (a) The system must be sufficient to abate the public .health hazard pursuant to DEQ requirements applicable to such systems; and (b) New or expanded sewer systems serving ~nly the health hazard area shall be generally preferred oVer the extension of a sewer system from an urban growth boundary. However, if the health hazard area is within the service area ora sanit~y authority or district, the sewer system operated by. the authority or district, if available and sufficient,.shall be preferred over other sewer system options. (6) The local government, based on recommendations from DEQ and, where appropriate, the Oregon Health Division, shall 5-9