(2)(a) If the water supplier refuses to comply with the order of the court, in addition to other remedies, the court may appoint a special master to operate the water system. Costs of operation and improvement during operation by the special master are to be charged to the water supplier and may be collected by impounding revenue due to the water supplier from customers of the supplier; or, if those funds are insufficient, from other revenues due to the water supplier.
(b) The court may require sale of a water system under a special master to a responsible party if the water supplier refuses to comply with the standards and requirements of the Oregon Health Authority.
(3) Cases filed under provisions of this section or any appeal therefrom shall be given preference on the docket over all other civil cases except those given an equal preference by statute.
(4) Nothing in this section is intended to prevent the maintenance of actions for legal or equitable remedies relating to private or public nuisance or for recovery of damages brought by private persons or by the state on relation of any person. [Formerly 449.247; 1975 c.254 §10; 1979 c.284 §145; 1981 c.749 §15; 2009 c.595 §852]
Structure 2021 Oregon Revised Statutes
Chapter 448 - Pool Facilities; Water and Sewage Systems
Section 448.005 - Definitions for ORS 448.005 to 448.090.
Section 448.030 - Plan approval application; contents; issuance or denial; plan review fee.
Section 448.035 - Annual license required to operate; fees; expiration date.
Section 448.037 - Variance; application; fee.
Section 448.115 - Definitions for ORS 448.115 to 448.285.
Section 448.135 - Variances; notice.
Section 448.140 - Permit for operation of water system.
Section 448.145 - When permit may be issued; compliance schedule; hearing; notice.
Section 448.150 - Duties of authority; fees; rules.
Section 448.153 - State Drinking Water Advisory Committee; rules.
Section 448.155 - Technical assistance and training; public information.
Section 448.160 - Emergency plans.
Section 448.165 - Local government water service plans.
Section 448.175 - Power of Oregon Health Authority to order compliance.
Section 448.250 - Remedy when system a health hazard; special master; sale of system.
Section 448.255 - Notice of violation; content; hearing; order; appeal.
Section 448.265 - Prohibited actions; nuisance abatement.
Section 448.268 - Area of ground water concern; declaration.
Section 448.271 - Transfer of property that includes well; testing; effect.
Section 448.273 - Federal Safe Drinking Water Act administration.
Section 448.278 - Program for regulating cross-connections and backflow assemblies; fees.
Section 448.280 - Civil penalties; notice.
Section 448.285 - Penalty schedule; factors to be considered in imposing penalty; rules.
Section 448.290 - Process for imposing civil penalty.
Section 448.295 - Jurisdiction of cities over property used for system or sources.
Section 448.305 - Special ordinance authority of certain cities.
Section 448.315 - Special police to enforce ORS 448.295.
Section 448.405 - Definitions for ORS 448.405 to 448.465.
Section 448.407 - Advisory committee to commission and Oregon Health Authority.
Section 448.409 - Biennial report.
Section 448.410 - Authority and duties of Environmental Quality Commission; rules; fees.
Section 448.415 - Certification required for operators.
Section 448.420 - Special certification provisions.
Section 448.425 - Deposit and use of fees.
Section 448.430 - Certification exception.
Section 448.450 - Powers and duties of Oregon Health Authority; rules; fees.
Section 448.455 - Certification required for operators.
Section 448.460 - Special certification provisions.
Section 448.465 - Deposit of fees.
Section 448.990 - Penalties for violations of pool facility or water system requirements.
Section 448.992 - Sewage treatment works violation penalties.
Section 448.994 - Potable water treatment plant violation penalty.