ENB-4.08 - BES Sewer Backflow Device Reimbursement Program Administrative Rules

Administrative Rules Adopted by Bureaus Pursuant to Rule Making Authority (ARB)
Policy number
ENB-4.08

BES SEWER BACKFLOW DEVICES REIMBURSEMENT PROGRAM ADMINISTRATIVE RULES 

Administrative Rules Adopted by Bureau of Environmental Services Pursuant to Rule-Making Authority

ARB-ENB-4.08


What follows is the Table of Contents and an excerpt from the administrative rules:

1.  Purpose

2.  Definitions

3.  Regulatory Authority

4.  Program Participation Procedures

5.  Administrative Review / Appeals

These are the administrative rules of the Bureau of Environmental Services (BES) Backflow Device Reimbursement Program.


1.  Purpose

These rules establish the Bureau of Environmental Services (BES) decision-making criteria for the Backflow Device Reimbursement Program. These rules reinforce the following City program goals:

A.  To reduce risk of sewer backup in dwellings; and

B.  To provide equitable assistance for impacted property owners.

2.  Definitions

These rules rely on a number of program-specific terms as defined in Portland City Code (PCC) Chapters 17.04 and 17.32:

A. “Facial Challenge” means a challenge to a requirement that is based on an argument that the requirement cannot be applied fairly or reasonably in any situation. By contrast, an as-applied challenge is one based on an argument that a requirement should not be applied to the challenger’s particular situation because of factors that, in the challenger’s view, distinguish it from similar situations.

3.  Regulatory Authority

These rules are authorized by PCC Section 3.13.040. These rules implement PCC section 17.32.120.


HISTORY

Amended by Director of Bureau of Environmental Services July 17, 2019.

Amended by Director of Bureau of Environmental Services July 21, 2014.

Filed for inclusion in PPD September 29, 2004.

Signed by Environmental Services Director September 29, 2004.

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