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Provide your ideas on final draft of rules to address enforcement of erosion control during construction activity

Public Notice
The City of Portland is adopting a new Erosion and Sediment Control Enforcement Administrative Rule to accompany the adoption of the new Erosion and Sediment Control Manual and is requesting public comment on the proposed final draft of the rule.
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The purpose and intent of this Administrative Rule is to establish an escalated enforcement process for violations of Portland City Code (PCC) Title 10 and the Erosion and Sediment Control Manual (ESCM).  This Administrative Rule applies to all ground disturbing and pollutant generating activities regulated by the Bureau of Development Services (BDS) as set forth in PCC 10.10.030.A.

Please note: There is a separate administrative rulemaking process for the proposed updates to the Erosion and Sediment Control Manual itself. Information about that rulemaking process can be found here.

Erosion control is important for maintaining water quality and nutrients in soil. It is also important for protecting nearby streams and the fish and wildlife that inhabit them.

The final draft of the Erosion and Sediment Control Enforcement Administrative Rule is now available for public review and comment. It is available to download from the link below. The draft rule focuses on:

  • What constitutes a violation of Title 10 or the ESCM
  • When Correction Notices will be issued and timelines for compliance
  • Permit inspection fees and fines
  • Correction notice appeals
  • Conditions under which a stop work order will be issued
  • Citations and civil penalties for non-compliance with Title 10 or the ESCM
  • Voluntary Compliance Agreements as an option for addressing violations and accompanying fees and fines

Public comment on the proposed final draft of the Erosion and Sediment Control Enforcement Administrative Rule will be accepted through Friday, Sept. 30.
 

Public Hearing

The Bureau of Development Services planned to hold a public hearing by request only onFriday, Sept. 30, from 10 to 10:30 a.m., but no written request was received by the deadline of Monday, Sept. 19, at 5 p.m. The hearing is cancelled.

Written Testimony

Written testimony may be submitted onlineby 5 p.m. on Friday, Sept. 30.

Written testimony may also be submitted by mail to:

Bureau of Development Services
Erosion and Sediment Control Manual Testimony
1900 SW 4th Avenue, Suite 5000
Portland, OR 97201

Testimony submitted by mail must be received by 5 p.m. on Friday, Sept. 30.

More information about updates to the Erosion and Sediment Control Enforcement Administrative Rule can be found here.