OAR 860-037-0308: Expenditure of Fees Collected Under ORS 756.310 to Make Emergency Repairs

(1) The Commission may use up to $5,000 per biennium of the fees collected under ORS 756.310 to make emergency repairs for privately-owned wastewater utilities that provide service within the boundaries of a city. The Commission may expend monies under the provisions of this rule if the Commission determines that: (a) Customers of a wastewater utility are without service and are likely to remain without service for an unreasonable period of time; (b) The wastewater utility is unwilling or unable to make emergency repairs, or cannot be found after reasonable effort; and (c) Restoration of the service is necessary for the health and safety of the customers of the utility. (2) The Commission shall promptly attempt to recover fees used under this rule from the utility providing water service. No interest shall accrue on the outstanding balance. (3) The Commission may also recover penalties as provided in ORS 756.350 from the time the fees are expended.