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21.35.040 Storage, Handling, Use and Transportation of Hazardous Materials - Inspections.

City Code Section

A.  The Portland Water Bureau may conduct inspections of businesses that store, handle, use or transport hazardous materials to determine compliance with the standards of this Chapter, including, but not limited to, the types, quantities and locations of hazardous materials, primary and secondary containment facilities and the existence of spill prevention and spill control equipment or devices. For purposes of using this authority, the Portland Water Bureau must consider the necessary qualifications for inspectors and define the frequency, priority and type of inspection of businesses based on the degree of risk to water quality in the well field, history of violations, characteristics of the use and the availability of budgeted funds and staff, and other relevant factors.

B.  Inspections may be initiated as the result of a complaint or referral when the Portland Water Bureau has reason to believe there is a violation, or as defined by a routine schedule for compliance. Inspections and a reinspection determine if an operation is in compliance with this Chapter.

C.  Inspections may involve a review of equipment, structures and operating practices; records or plan review; interviews with operators; and photo documentation. Businesses must allow representatives of the Portland Water Bureau, upon presentation of credentials, to:

1.  Inspect at reasonable times the facilities, equipment, practices or operations regulated or required under the provisions of this Chapter.

2.  Enter the premises where hazardous materials are being managed, or where records may be kept under the provisions of this Chapter. The property owner/operator must make necessary arrangements to allow access without delay.

3.  Have access to and copy, at reasonable times, any records that must be kept under the provisions of this Chapter.

D.  If a business refuses or declines to allow an inspection or reinspection under Subsection 21.35.040 C., the Portland Water Bureau may seek an administrative warrant from Multnomah County Circuit Court to conduct such inspection or reinspection.

E.  After inspection and upon finding that all standards of this Chapter have been met, the Portland Water Bureau must issue a Certificate of Inspection to each business inspected under this Chapter, as provided in Section 21.35.050.

F.  In the event an inspection reveals a violation of the standards of this Chapter that may not be resolved or corrected during the course of the inspection, the Portland Water Bureau must follow the procedures in Section 21.35.060, as applicable.

G.  Subject to Portland City Council approval, the Portland Water Bureau may enter into contracts with private entities or intergovernmental agreements with other municipal corporations for inspections in those portions of the wellhead protection area outside the City of Portland boundaries.