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Chapter 10.10 General

City Code Chapter

10.10.010 Short Title.

Title 10 of the Portland City Code shall be known as the “Erosion and Sediment Control Regulations”.

10.10.020 Purpose.

(Amended by Ordinance No. 191000, effective October 21, 2022.) This Title provides requirements for ground-disturbing activities related to construction or other uses in order to reduce erosion and discharges of sediment and pollutants. The Erosion and Sediment Control Regulations seek to:

  1. Reduce the sediment and pollutants contained in erosion caused by construction and development;
     
  2. Reduce the amount of sediment and pollutants entering storm drainage systems and surface waters from all ground disturbing activity;
     
  3. Reduce the amount of erosion placing dirt and mud on the public right-of-way and surrounding properties during construction and development; and,
     
  4. Reduce the amount of soil and dust placed into the air during ground disturbing activity.

10.10.030 Authority.

(Amended by Ordinance Nos. 176955, 177092, 179690, 182389, 189078 and 191000, effective October 21, 2022.)

  1. General.
     
    1. This Title will be administered and enforced by the Director of the Bureau of Development Services (BDS) for all ground disturbing activities, except as set forth in Subsections A.2 & A.3.
       
    2. For development and construction related activities within the public right-of-way, in a public easement, or under a public works permit or contract, this Title will be administered and enforced by the director of the Bureau that is performing or contracting for the development or construction, specifically, the Director of the Bureau of Transportation, the Director of the Bureau of Environmental Services, the Director of Parks and Recreation, and the Administrator of the Portland Water Bureau.
       
    3. For ground disturbing activity that does not require a permit, this Title will be administered and enforced by the Bureau of Environmental Services (BES).
       
  2. The Directors, as specified in Subsection A. above, may implement administrative rules, procedures, forms, specifications, and written policies for administering the provisions of this Title.
     
  3. The Directors, as specified in Subsection A above, may issue interpretations on the meaning and intent of the Erosion and Sediment Control Regulations.  Such interpretations must conform to the purposes of this Title and the Erosion and Sediment Control Manual.
     
  4. Rulemaking.
     
    1. The Director of the BDS has the authority to adopt administrative rules and supplemental regulations pursuant to its authority set forth in Subsection A.1., above.  Each of the Directors will have the authority to adopt amendments to the Erosion and Sediment Control Manual with the concurrence of the other Directors specified in Subsection A. above.  All the Directors specified in Subsection A. above will have the authority to administer and enforce such rules and regulations.  Such rules and regulations will be in conformance with the intent and purpose of this Title.

      The Director of BES will have authority to adopt rules and supplemental regulations for ground disturbing activities that do not require a permit.
       
    2. Permanent Rules.

      Prior to the adoption of a permanent rule, the Director developing the rule will follow administrative rulemaking procedures for the adopting bureau stated in Title 3, Administration. If there are no specified administrative rulemaking procedures in Title 3 for the adopting bureau, then the adopting bureau will:
       
      1. Publish a notice in a newspaper of general circulation in the City.  The notice will be published not less than thirty days before the hearing.  The notice will identify the place, time and purpose for the hearing; a brief description of the subjects covered by the proposed rule; the final date for acceptance of written comments; the location to submit comments and the location where copies of the full set of the proposed rules may be obtained.  A copy of notice will be provided to the Office of Community & Civic Life at least thirty days before the hearing.
         
      2. At the hearing, a designee of the Director will hear testimony and receive written comments regarding the proposed rules.  The designee will provide a recommendation to the Directors.  The recommendation will take into consideration the comments received.
         
      3. The Director will review the recommendation of the designee, and with the concurrence of the Bureaus will either adopt the proposed rule, modify or reject it.
         
      4. If a substantial modification is made to the proposed rule, the Director may adopt the modification as an Interim Rule or will provide an additional public review prior to adoption.
         
      5. Unless otherwise stated, all rules will be effective two weeks after adoption by the Director.
         
    3. Interim Rules.

      An interim rule may be adopted by the Director without prior notice upon a finding that failure to act promptly will result in serious threat of injury or hazard to the public health, the environment, or public or private property. Prior to the adoption of an interim rule, the Director developing the rule will follow administrative rulemaking procedures for the adopting bureau stated in Title 3, Administration. If there are no specified administrative rulemaking procedures in Title 3 for the adopting bureau, then the adopting bureau will: 
       
      1. Include specific written reasons for adopting the interim rule in findings.
         
      2. Specify the length of time the rule will be effective.  Interim rules will be effective for a period of not longer than 180 days.
         
      3. Not more than 30 days after adoption of an interim rule, publish public notice of interim rules in a newspaper of general circulation and send notice to the Office of Community & Civic Life.  Such notice will also identify the location at which copies of the full set of the interim rules may be obtained. Notices will be published not more than 30 days after the adoption of the interim rule
         
    4. All final and interim rules will be filed in the office of the Director of the Bureau of Development Services.  All final and interim rules will be available to the public at the Development Services Center and on the Bureau of Development Services' website.
       
    5. Notwithstanding Subsections D.1. through D.4., above, the administrative rules contained in the Erosion and Sediment Control Manual filed with the Council together with the ordinance creating this Title may be adopted by any Director named in Subsection A. above without further public review or comment.  Thereafter, any Director thus identified may with the concurrence of the other Directors amend, modify or repeal any of the provisions contained in the Erosion and Sediment Control Manual following the adoption of the rules procedure set forth in Subsection D.
       
  5. The Directors, as specified in Subsection A above, may set fees for all permits, plan reviews and inspections under this Title.  The fees will be established by the City Council under an adopted fee scheduled or by administrative rule.  Fees will be set at levels sufficient to cover all administrative costs associated with processing applications, reviewing plans, inspections and enforcement. Enforcement fees may include penalties or fines if allowed by Title 3, Administration. Fees under this Title are in addition to any other fees required by the City Code.  Fees under this Title are also not part of any required bond, letter of credit or other form of guarantee.

10.10.040 Complaints.

(Amended by Ordinance Nos. 179690 and 191000, effective October 21, 2022.)  Each Bureau authorized to administer this Title will create a public complaint process that provides a single point of contact for receiving a complaint.

10.10.050 Compliance with Other Laws.

(Amended by Ordinance Nos. 179690 and 191000, effective October 21, 2022.)

  1. General. The requirements of this Title are minimum requirements. Compliance with this Title does not in any way imply, either directly or indirectly, compliance with any other law.
     
  2. Precedence - City Code. Where the provisions of this Title are more restrictive than those set forth in other regulations under the City Code or ordinance, the provisions of this Title will control.
     
  3. Precedence - State or Federal Regulation. Where a State or Federal natural resource agency permit requirements address erosion prevention and sediment control, both the State or Federal natural resource protection requirements and requirements of this Title must be met. Where State or Federal requirements conflict with requirements of this Title or the Erosion and Sediment Control Manual, the most restrictive requirement will control. For any portions of a site where State or Federal permit requirements do not apply, City Code requirements will control.