Environmental Services requests public comment on proposed changes to ENB-4.30 – Title 10 Discharge Enforcement Program

Public Notice
Environmental Services is proposing changes to ENB-4.30 – Bureau of Environmental Services Title 10 Discharge Enforcement Program Administrative Rules. The public can submit comments on the proposed revisions beginning August 16.
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The City sets requirements to reduce erosion, sediment discharges, and pollution to protect local waterways and the City’s stormwater systems from ground-disturbing activities. Authority for these requirements is described in Portland City Code (PCC) Title 10 Erosion and Sediment Control Regulations. Title 10 and the City of Portland Erosion and Sediment Control Manual (ESCM) outline requirements for ground-disturbing activities that relate to construction or other reasons in order to reduce erosion and discharges of sediment and pollutants.

In general, the Bureau of Development Services (BDS) administers Title 10 for activities that require a City development permit. Other bureaus may also enforce Title 10 requirements as outlined in PCC 10.10.030. Environmental Services administers ENB-4.30.

ENB-4.30 authorizes Environmental Services to regulate certain ground-disturbing activities that do not require a City development permit but have the potential to violate PCC Title 10 or the ESCM. This includes, but is not limited to, common ground-disturbing activities such as landscaping and lawn maintenance, mulch and soil delivery, installation of retaining walls under 4 feet in height, and some clearing and grubbing activities when the activities don’t require a permit. Sites are required to keep sediment and pollutants from entering the right-of-way including city streets or drainage systems. Failure to do so can result in enforcement actions including fines.

What is Changing and Why?

Changes are being made to improve clarity and transparency with concurrent updates by BDS to Title 10, the ESCM, and a newly created enforcement administrative rule. BDS will administer the new administrative rule. Additional information about proposed updates to Title 10 and the ESCM are available.

Proposed changes to ENB-4.30 focus on existing policies to support implementation of Title 10 and the ESCM. Proposed changes do not add or remove existing requirements for individuals who violate Title 10.  

Targeted changes will:

  • Clarify language throughout with minor wordsmithing.
  • Clarify the applicability section to state that ENB-4.30 applies to ground-disturbing activities that do not require a City development permit but that violate Title 10.
  • Correct a drafting error in the reference to PCC 10.10.030.
  • Update text in the purpose statement to be consistent with terminology used in Title 10 and the ESCM.
  • Update definitions to conform with the definitions in Title 10. Updates are proposed to the definition of the Visible and Measurable Standard in Title 10.
  • Clarify the violation classification structure to better indicate tiers based on severity. Renumber the section for a consistent outline structure. 

What Are the Anticipated Impacts?

No impacts are anticipated as the updates proposed do not change to whom or when the regulations apply.

Review the Proposed Changes to ENB-4.30

How to Comment

Environmental Services will accept public comment on proposed revisions from 8 a.m. Tuesday, Aug. 16 through 5 p.m. Friday, Sept. 16, 2022. Send written comments by email to bescoderule@portlandoregon.gov. Comments must be received by 5 p.m. Friday, Sept. 16, 2022.

Public Hearing by Request Only

Environmental Services will hold a public hearing by request only from 10-10:30 a.m. Friday, Sept. 16, 2022. To request a hearing, contact Alice Coker at 503-823-7914 or send an email to bescoderule@portlandoregon.gov. Environmental Services will cancel the hearing if no request is received by 5 p.m. Monday, Sept. 5. A cancellation notice will be posted on this page.

For More Information

For questions or more information, contact the Codes, Rules and Manuals Team by email at bescoderule@portlandoregon.gov.