ADMINISTRATIVE RULES FOR DISCHARGES TO THE CITY STORM SEWER AND DRAINAGE SYSTEM
Administrative Rules Adopted by Bureau of Environmental Services Pursuant to Rule-Making Authority
What follows is the Table of Contents and an excerpt from the administrative rules:
4. Regulatory Authority
5. Inspections and Site Entry
6. Spills and Releases
7. Sample Collection and Evaluation
8. BES Discharge Permits and Authorizations
9. Source Control Measures or Plans Required
10. Reporting Requirements
12. Enforcement Tools
13. Penalties and Cost Recovery
14. Administrative Review and Appeal
These are the administrative rules for the Bureau of Environmental Services (BES) Discharges to the Storm Sewer and Drainage System.
These rules apply to any current or requested discharge into the City’s storm sewer and drainage system that is regulated under Portland City Code (PCC) Chapter 17.39.
These rules are implemented in conjunction with the BES Administrative Enforcement Rules, Portland Policy Documents (PPD) Item ENB-4.15, and support the following City and BES Stormwater Discharge Program goals:
A. Facilitate and ensure compliance with applicable PCC provisions, rules, and policies;
B. Prevent harm to human health, public safety, the environment, and City assets;
C. Maintain City compliance with all state and federal environmental regulations, programs, and permits, including the City’s:
1. National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Discharge Permit; and
2. Water Pollution Control Facilities (WPCF) Permit for Class V Underground Injection Control (UIC) systems.
Certain terms used in these rules are defined in PCC Chapter 17.04, PCC Chapter 17.39, the City’s Stormwater Management Manual (SWMM) (PPD Item ENB-4.01), and by the following:
A. “Containment” means a structural control measure or device designed to capture and temporarily store potentially contaminated stormwater or process wastewater not appropriate for discharge to City systems without pollution, flow or volume reduction BMPs.
B. “Directive” means an order or official instruction by BES.
C. “Facility Operator” means a business or property owner, their designee, site tenant, or any contractor or firm with designated responsibility for site operation and maintenance.
D. “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.
E. “Sewer Access Permit” means written permission from BES for a facility operator or discharger to enter or access a particular component of the City’s storm sewer and drainage system.
F. “Source Control Plan” means a written plan approved by BES that is intended to be implemented by a facility to manage, reduce or eliminate pollutants prior to discharge to the City’s storm sewer and drainage system.
Adopted by Director of Bureau of Environmental Services September 20, 2013.
Filed for inclusion in PPD September 20, 2013.
Amended by Director of Bureau of Environmental Services January 8, 2015.
Amended by Director of Bureau of Environmental Services March 12, 2019.
Amended by Director of Bureau of Environmental Services July 17, 2019.