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21.35.040 Storage, Handling, Use and Transportation of Hazardous Materials - Inspections.

(Amended by Ordinance No. 180917, effective May 26, 2007.)

A.   The Bureau of Water Works may conduct inspections of businesses that store, handle, use or transport hazardous materials to ascertain compliance with the standards of this Chapter, including but not limited to the types, quantities and locations of hazardous materials, primary and secondary containment facilities, and the existence of spill prevention and spill control equipment or devices.  For purposes of exercising this authority, the Bureau shall adopt policy regarding the necessary qualifications for those who conduct inspections and the frequency, priority, and type of inspection of businesses based on, among other things, the degree of risk to water quality in the well field, history of violations, characteristics of the use, and the availability of budgeted funds and staff.

B.  Inspections may be initiated as the result of a complaint or referral, at any time the Bureau has reason to believe there is a violation, or as defined by a routine schedule for compliance.  Inspections and re-inspections will be used to determine if an operation is in compliance with this Chapter.

C.  Inspections may involve a review of equipment, structures and operating practices; records or plan review; interviews with operators; and photo documentation.  As such, businesses shall allow representatives of the Bureau, upon presentation of credentials, to:

1.   Inspect at reasonable times any facilities, equipment, practices or operations regulated or required under the provisions of this Chapter;

2.  Enter the premises where hazardous materials are being managed, or where records may be kept under the provisions of this Chapter.  The owner/operator must make necessary arrangements to allow access without delay;  and

3.  Have access to and copy, at reasonable times, any records that must be kept under the provisions of this Chapter.

D.  If a business refuses or declines to allow an inspection or re-inspection under Subsections 21.35.040 C.1.-3., the Water Bureau may seek an administrative warrant from Multnomah County Circuit Court to conduct such inspection or re-inspection.

E.  After inspection and upon finding that all standards of this Chapter have been met, the Bureau of Water Works shall issue a Certificate of Inspection to each business inspected under this Chapter, as provided in Section 21.31.050.

F.  In the event an inspection reveals a violation of the standards of this Chapter that cannot be resolved or corrected during the course of the inspection, the Bureau of Water Works shall follow the procedures set forth under Section 21.35.060, as applicable.

G.  The Water Bureau may enter into interagency agreements with Portland Fire & Rescue or other city bureaus, or contract with other governments or private parties, to conduct inspections inside the Portland city limits.  Subject to Council approval, the Water Bureau may enter into contracts with private entities or intergovernmental agreements with other municipal corporations for inspections in those portions of the wellhead protection area outside the City of Portland boundaries.