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ENB-4.33 - Administrative Rules for Use of CIPP Lining in Privately Maintained Pipe in the Public Right of Way

Administrative Rules Adopted by Bureaus Pursuant to Rule Making Authority (ARB)
Policy number
ENB-4.33

ADMINISTRATIVE RULES FOR USE OF CIPP LINING IN PRIVATELY MAINTAINED PIPE IN THE PUBLIC RIGHT OF WAY

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

ARB-ENB-4.33


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

1.  Applicability

2.  Purpose

3.  Definitions

4.  Regulatory Authority

5.  Pre-Installation Requirements

6.  Installation Requirements

7.  Final BES Review and Approval of Repairs

8.  Enforcement

9.  Administrative Review and Appeal

APPENDIX A – Background Information


These are administrative rules of the Bureau of Environmental Services (BES) governing the use of cured in place pipe ("CIPP") lining technology in privately maintained pipe located within the public right of way.

1.  Applicability

These rules apply to individuals who seek to use Cured in Place Pipe ("CIPP") lining technology to repair any of the following types of pipes if they are within a public right of way in the City of Portland: a) the portion of a publicly owned sewer lateral ("lateral") that must be privately maintained under Portland City Code (PCC) section 17.32.070 B, and b) a privately owned sewer system that must be privately maintained under PCC section 17.32.070 A.

2.  Purpose

These rules support the following City program goals:

A.  Enhancing consistency of materials in and regulations governing the publicly owned sewer system on the one hand and sewer systems on private property on the other hand;

B.  Reducing site disruption; and

C.  Promoting pipe repair methods that are more sustainable than alternate methods (use of CIPP lining reduces costs and waste associated with excavation of hardscape and trees that might otherwise be necessary to conduct repairs without the use of CIPP lining, and it extends the life of a pipe, delaying the need for replacement).

3.  Definitions

The definitions of PCC Chapter 17.32 apply to these rules, as well as the following definitions:

A.  "Cured-in-place pipe" ("CIPP") means a resin-impregnated tube inserted into an existing pipe, expanded, and cured to form a new, lined, watertight pipe, in accordance with ASTM F1216, ASTM F1743, ASTM F2561, and the manufacturer’s recommendations.

B.  "End seal" means continuous hydrophilic O-rings or a manufacturer-specific product approved in writing by BES that seals the ends of the CIPP with the existing City sewer main or original pipe in a manner that prevents future infiltration or migration of fine aggregate.

C.  “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.

D.  "Sewer lateral" ("lateral") means the underground pipe that connects the plumbing system of a building or buildings to a public sewer.

4.  Regulatory Authority

These rules are authorized by PCC Section 3.13.040 and PCC Chapter 17.32.


HISTORY

Adopted by Director of Bureau of Environmental Services June 27, 2017.

Filed for inclusion in PPD June 27, 2017.

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