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21.35.060 Enforcement.

City Code Section

A.  Violations. It is a violation to store, handle, use or transport hazardous materials in a manner contrary to the standards set by the Portland Water Bureau.

B.  Warning letter.

1.  The Portland Water Bureau may issue a Warning Letter that informs an individual or business of a violation and the consequences of the violation or continued noncompliance. The letter may state the actions required to resolve the violation and may specify a reasonable time by which compliance is to be achieved.

2.  As part of a Warning Letter, depending on the number or gravity of violation(s), the Portland Water Bureau may require an individual or business to prepare and submit a compliance plan that establishes a reasonable timeframe for correcting the violation(s) or the implementation of alternative storage, handling, use, transportation or containment practices that satisfy the standards of this Chapter. A compliance plan is subject to review and approval of the Portland Water Bureau or a designated City bureau.

C.  Orders to cure violations, civil liability, nuisances.

1.  When a person or business fails to come into compliance in the time specified in a warning letter, or within a timeframe established in an approved Compliance Plan, the Portland Water Bureau may issue an order to cure the violation and establish a final date for resolving the violation, after which the penalties in Subsections 21.35.060 D. and E. may be applied. Failure to comply with an order to cure is a violation of law.

2.  When the Portland Water Bureau finds that there is an imminent danger of a release of hazardous materials into the environment resulting from the violation of standards in this Chapter, the Portland Water Bureau may declare that a nuisance exists and may issue, without notice, an order to cure requiring immediate action to be taken to halt any activity causing such imminent danger, and directing the individual or business to take steps to correct any conditions contributing to the danger immediately.

3.  If the individual or business subject to an order to cure does not comply with the order, the Portland Water Bureau may:

a.  Revoke a Certificate of Inspection;

b.  Order the person or business to cease the storage, handling, use or transportation of hazardous materials that are the subject of the violation until the violation is corrected;

c.  Issue a Civil Penalty pursuant to Subsection 21.35.060 D.; and/or,

d.  Undertake to correct any conditions contributing to the imminent danger of a release of hazardous materials into the environment.  The costs of such action may be charged to the person or business subject to such order.

4.  The person or business subject to an order to cure may appeal the order under City Code Subsection 31.10.080 C. in the same manner that an order of the Fire Marshal may be appealed. The Fire Code Board of Appeals handle appeals as provided in the Fire Code, except that the Fire Code Board of Appeals may not grant variances or adjustments under City Code Section 31.10.080.

5.  When hazardous material is released as a result of a violation, or as a result of a failure to correct a violation, the person or business responsible is liable for all costs incurred by the City associated with cleaning up the release and all costs of any other City action reasonably determined to be necessary by the City to contain, control or clean up the release or to protect the well field from contamination.

D.  Civil penalty.

1.  In addition to any other fee or civil liability provided by law, the Portland Water Bureau may impose a civil penalty in an amount not to exceed $500 per day, or two times the reinspection fee that would otherwise have been collected, whichever is greater, for each day a violation continues to exist against any person or business who does not comply with the provisions of this chapter. Each failure to comply with a separate regulatory standard is a separate violation.

2.  Any civil penalty imposed is due and payable when the person or business incurring the penalty receives a notice in writing from the Portland Water Bureau or designated City bureau. The notice referred to in this Subsection must be sent by registered or certified mail and includes:

a.  A reference to the particular Chapter or Code Section or Reference Manual involved;

b.  A short and plain statement of the matters asserted or charged;

c.  A statement of the amount of the penalty or penalties imposed; and,

d.  A statement of the right of the person to request a hearing.

3.  The property owner, person or operator of a facility who is ordered to pay a civil penalty in accordance with this Chapter has the right to appeal the imposition of or amount of the penalty as provided by Portland City Code Subsection 31.10.080 C. in the same manner that an order of the Fire Marshal may be appealed. The Fire Code Board of Appeals handles any such appeals as provided in the Fire Code, except that the Fire Code Board of Appeals may not grant variances or adjustments under Portland City Code Subsection 31.01.080 C.5.

E.  Legal action. The City may bring an action in a court of proper jurisdiction, including the Circuit Court of Multnomah County and the Federal District Court for the District of Oregon, to enforce any order to cure issued under this Chapter, collect any penalty assessed under this Chapter or recover any costs incurred under Subsections 21.35.060 C.3. and 5.

FReinspection fees.

1.  Any person or business found in violation of law or any order under this Chapter who fails to correct such violation or comply with such order within 30 days after receiving written notice from the Portland Water Bureau to do so, is required to pay a reinspection fee equivalent to the Hazardous Materials Permits reinspection fees in the current Portland Fire Regulations Fee Schedule as adopted by Portland City Council.

2.  Reinspection fees are in addition to any fees adopted per Section 21.24.080. Any person or business charged a reinspection may appeal such charges per City Code Subsection 31.10.080 C. in the same manner that an order of the Fire Marshal may be appealed. If the Portland Water Bureau enforces this Chapter through interagency agreement with Portland Fire & Rescue or another City bureau, the fees charged by that City bureau are in lieu of the fees described in this paragraph.