MANDATORY SEWER CONNECTION PROGRAM
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. Connection Requirements
7. Connection Deferrals
Appendix A Background Information
These are the administrative rules for the Bureau of Environmental Services Clean River Rewards Stormwater Discount Program.
Properties are required to connect to the City’s Sanitary Sewer system when both of the following criteria are met:
A. Property Conditions. There is an onsite structure with plumbing facilities that require sanitary waste disposal in order to comply with State Plumbing Code or the Portland City Code (PCC). In the absence of onsite inspections by BES or documentation demonstrating otherwise to BES’ satisfaction, BES will consider that a property requires sanitary waste disposal if the property receives water service from the City, another water provider or a private well.
B. Available Public Sewer. A public sewer is deemed immediately available when the subject property has direct access via an approved route of service to a public sewer branch or lateral at an adjacent curb line, property line, or at the boundary of a permanent easement acquired for the benefit of the property. Sewer availability is not dependent on the provision of gravity service to the property.
The Mandatory Sewer Connection Program is intended to advance the following City goals and objectives:
A. Promote efficient urban development.
B. Support and promote private economic developments and community reinvestments.
C. Protect the public health and safety.
D. Prevent damage to water and other natural resources.
E. Apply uniform sewer connection standards for developed and developing properties.
F. Facilitate property owner compliance with sewer connection requirements.
G. Minimize any hardships and dislocations caused by sewer connection requirements.
These rules use terms described in the PCC Chapters 17.33 and the following definitions:
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.
4. Regulatory Authority
The Mandatory Sewer Connection Program is authorized and governed by the following City regulations and regulatory documents:
A. Chapter 17.33 of the PCC authorizes BES to require the replacement of onsite sewage disposal systems and nonconforming sanitary sewer connections with connections to immediately available sewer when it becomes available. New connections must be made in conformance with applicable plumbing codes;
B. The Sewer and Drainage Facilities Design Manual (most recent version) specifies the technical standards for design, construction and connection to public sewer and drainage systems.
Adopted by Director of Bureau of Environmental Services November 15, 2006.
Filed for inclusion in PPD November 15, 2006.
Revised administrative rules adopted by Director of Bureau of Environmental Services and filed in PPD June 2, 2008.
Administrative rule replaced by Ordinance No. 183397, passed by City Council December 9, 2009 and effective January 8, 2010.
Amended by Director of Bureau of Environmental Services December 3, 2012.
Amended by Director of Bureau of Environmental Services January 8, 2015.
Amended by Director of Bureau of Environmental Services July 17, 2019.