Authority
Portland City Code (PCC) Title 10 (Erosion and Sediment Control Regulations) provides the
Bureau of Development Services (BDS) with authority to regulate ground-disturbing activities
related to construction and other uses in order to reduce erosion and discharges of sediment
and pollutants.
PCC Sections 3.30.040.A. and B. and Section 3.30.045 provide authority for the Director of BDS
to adopt administrative rules, policies, and procedures to enforce applicable code provisions
and to establish and impose enforcement fees and penalties for non-compliance, and to
establish enforcement priorities, as set forth in subsection 3.30.040.A.
Citations and Code References
- National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit
- PCC 3.30.040 (Administrative Rulemaking Procedures)
- PCC Title 10 (Erosion and Sediment Control Regulations)
- PCC Chapters 17.34 (Sanitary Discharges); 17.38 (Drainage and Water Quality); and 17.39 (Storm System Discharges)
- City of Portland Erosion and Sediment Control Manual
- City of Portland Stormwater Management Manual (SWMM)
- City of Portland Source Control Manual (SCM)
Findings for Adoption
- Portland City Code Section 3.30.045 delegates the authority to adopt and administer administrative rules appropriate to perform the duties of the Bureau of Development Services (BDS) set forth in Section 3.30.010 and prescribes procedures for administrative rulemaking.
- BDS worked with the Bureau of Environmental Services (BES) on updating PCC Title 10 and the Erosion and Sediment Control Manual and drafting this administrative rule to comply with the City’s NPDES MS4 Permit and clarify requirements for regulating ground-disturbing activities related to construction that reduce erosion and discharges of sediment and pollutants.
- In late 2019, BDS published a draft of this rule, along with drafts of the proposed revisions to Title 10 and the Erosion and Sediment Control Manual, to seek public comment on these documents. BDS received only three public comments, none of which sought substantive amendments to the draft documents.
- In accordance with Section 3.30.045, BDS published a notice of public hearing in The Oregonian on August 24, 26, and 27, 2022 and in The Daily Journal of Commerce on August 24, 26, and 29, 2022. BDS also posted notice of the hearing and made the draft amendments to the administrative rule available on the BDS website. No public hearing was requested. BDS held the record open until 5:00 p.m. on September 16, 2022. No written or oral public comments were received on the proposed amendments. The effective date is more than 30 days after the last date of the required notices.
Conclusion
As provided in Portland City Code Section 3.30.040, the Director of BDS hereby adopts the
Permanent Adminstrative Rule.
History
Adopted by Director of Bureau of Development Services on November 16, 2022