City Code Section
- A. Except for emergency repairs described in Subsection 17.32.030 B., it is unlawful for any person to take the following actions without first obtaining authorization from the Director and approval from the BES Chief Engineer via permit, contract or other legal agreement and paying applicable fees:
- 1. Access any public sewer component;
- 2. Encroach into a City sewer easement;
- 3. Dig up, break into, excavate, disturb, dig under, or undermine any public street or City sewer easement;
- 4. Make a connection, obstruct or interfere with the public sewer;
- 5. Damage, connect, modify or remove any component of the public sewer; or
- 6. Direct water, from any source, on private property to run onto any City sidewalk, street, easement or right of way.
- B. In the case of the need for emergency repair to a component of the public sewer to protect public health, safety or the environment, the person making the repair may commence work without first obtaining a permit provided that:
- 1. The person immediately notifies the City of the need for repair;
- 2. Any emergency repair work is limited to what is needed to remove the emergency situation as deemed necessary by BES Chief Engineer;
- 3. The work is performed in compliance with standard City construction specifications, the Sewer and Drainage Facilities Design Manual, the Source Control Manual, and the Stormwater Management Manual; and
- 4. The person making repairs files an application for a BES permit within three business days of the emergency and complies with all permit conditions and pays all applicable fees.
- C. Repair of nonconforming sewers located in public right-of-way or a City easement is prohibited unless the BES Chief Engineer determines that it is in the public interest to allow the nonconforming system to remain.
- D. The Portland Bureau of Transportation may require a permit and approval from the BES Chief Engineer to construct and attach drainage improvements to the public sewer system as needed to provide stormwater drainage for public streets.
- E. Except as otherwise allowed by the Director, it is unlawful for any person to allow or cause a connection that will result in the discharge of sanitary sewage into a City storm sewer and drainage system.
- F. Except as otherwise allowed by the Director, it is unlawful for any person to allow or cause a connection that will result in the discharge of storm drainage, collected groundwater or other water to a public sewer designated by the BES Chief Engineer to be used solely for sanitary sewage.
- G. Except as otherwise allowed by the Director, it is unlawful for any person to allow or cause damage to the public sewer. In addition to the enforcement tools listed in Section 17.32.140, each Responsible Party is jointly, severally, and strictly liable for all of the City’s reasonable costs to repair, replace, or conduct any other work needed to restore the public sewer and any associated facilities or properties to their pre-damage condition and functionality, including consequential damages, third-party damages, and associated legal costs.