(Amended by Ordinance Nos. 176955, 177092, 179690, 182389 and 189078, effective July 18, 2018.)
1. This Title shall be administered and enforced by the Director of the Bureau of Development Services (BDS) for all ground disturbing activities, except as set forth in Subsections A.2 & A.3.
2. For development and construction related activities within the public right-of-way, in a public easement, or under a public works permit or contract, this Title shall be administered and enforced by the director of the Bureau that is performing or contracting for the development or construction, specifically, the Director of the Bureau of Transportation, the Director of the Bureau of Environmental Services, the Director of Parks and Recreation, and the Administrator of the Portland Water Bureau.
3. For non-permitted ground disturbing activity, this Title shall be administered and enforced by the Bureau of Environmental Services (BES) on a complaint based response basis.
B. The Directors, as specified in Subsection A. above, may implement procedures, forms, specifications, and written policies for administering the provisions of this Title.
C. The Directors, as specified in Subsection A above, may issue interpretations on the meaning and intent of the Erosion and Sediment Control Regulations. Such interpretations shall conform to the purposes of this Title.
1. The Director of the BDS shall have the authority to adopt rules and supplemental regulations for permitted development activities with the concurrence of the Directors as specified in Subsection A., above. Each of the Directors shall have the authority to adopt amendments to the Erosion Control Manual with the concurrence of the other Directors specified in Subsection A. above. All the Directors specified in Subsection A. above shall have the authority to administer and enforce such rules and regulations. Such rules and regulations shall be in conformance with the intent and purpose of this Title.
The Director of BES shall have authority to adopt rules and supplemental regulations for non-permitted ground disturbing activities with the concurrence of the Directors as specified in Subsection A., above.
2. Permanent Rules.
a. Prior to the adoption of a permanent rule, the Director developing the rule shall:
(1) Publish a notice in a newspaper of general circulation in the City. The notice shall be published not less than thirty days before the hearing. The notice shall identify the place, time and purpose for the hearing; a brief description of the subjects covered by the proposed rule; the final date for acceptance of written comments; the location to submit comments and the location where copies of the full set of the proposed rules may be obtained. A copy of notice shall be provided to the Office of Community & Civic Life at least thirty days before the hearing.
(2) At the hearing, a designee of the Director shall hear testimony and receive written comments regarding the proposed rules. The designee shall provide a recommendation to the Directors. The recommendation shall take into consideration the comments received.
(3) The Director shall review the recommendation of the designee, and with the concurrence of the Bureaus shall either adopt the proposed rule, modify or reject it.
(4) If a substantial modification is made to the proposed rule, the Director may adopt the modification as an Interim Rule or shall provide an additional public review prior to adoption.
b. Unless otherwise stated, all rules shall be effective two weeks after adoption by the Director.
3. Interim Rules.
a. An interim rule may be adopted by the Director without prior notice upon a finding that failure to act promptly will result in serious threat of injury or hazard to the public health, the environment or public or private property. The rule shall include specific written reasons for the finding.
b. Interim rules shall be effective for a period of not longer than 180 days.
c. Not more than 30 days after adoption of an interim rule, public notice of interim rules shall be given by publication in a newspaper of general circulation and notice sent to the Office of Community & Civic Life. Such notice shall also identify the location at which copies of the full set of the interim rules may be obtained.
4. All final and interim rules shall be filed in the office of the Director. All final and interim rules shall be available to the public at the Development Services Center.
5. Notwithstanding Subsections D.1. through D.4., above, the administrative rules contained in the Erosion Control Manual filed with the Council together with the ordinance creating this Title may be adopted by any Director named in Subsection A. above without further public review or comment. Thereafter, any Director thus identified may with the concurrence of the other Directors amend, modify or repeal any of the administrative rules contained in the Erosion Control Manual following the adoption of the rules procedure set forth in Subsection D.
E. The Directors, as specified in Subsection A above, may set fees for all permits, plan reviews and inspections under this Title. The fees shall be established by administrative rule. Fees shall set at levels sufficient to cover all administrative costs associated with processing applications, reviewing plans, inspections and enforcement. Fees under this Title are in addition to any other fees required by the City Code. Fees under this Title are also not part of any required bond, letter of credit or other form of guarantee.