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ENB-4.11 - Administrative Rules for Recovering the Costs of Engineering and Superintendence Services for Public Sewer Improvement Projects During the Construction Phase

ADMINISTRATIVE RULES FOR RECOVERING THE COSTS OF ENGINEERING AND SUPERINTENDENCE SERVICES FOR PUBLIC SEWER IMPROVEMENT PROJECTS DURING THE CONSTRUCTION PHASE

Administrative Rules Adopted by Council

ARC-ENB-4.11


Link to Full Text of Administrative Rules (PDF Document, 278 kb). What follows is the Table of Contents and an excerpt from the administrative rules:

TABLE OF CONTENTS

ADMINISTRATIVE RULES

1. Purpose

2. Authority

3. Definitions

4. Guiding Principles

5. Cost Recovery Practices

6. Administrative Review and Appeal

APPENDIX

Appendix A - Background Information


These are administrative rules of the Bureau of Environmental Services (BES). For background information regarding these rules, see Appendix A.


1. Purpose

These administrative rules are intended to provide clear and consistent guidance for the recovery of engineering and superintendence costs during the construction phase incurred by the Bureau of Environmental Services to permit, inspect and accept improvements to the public sewer system. See administrative rules in TRN-9.07 for cost recovery during the design phase.

2. Authority

City Council adopted these rules via Ordinance No. 179274. Ordinance No. 187486 amended these rules and granted the Director of the Bureau of Environmental Services the authority to adopt future amendments to them. Portland City Code Section 3.13.040 further establishes the authority of the Director of the Bureau of Environmental Services to adopt administrative rules.

3. 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.


HISTORY

Ordinance No. 179274, passed by City Council May 25, 2005 and effective June 24, 2005.

Amended by Ordinance No. 187486, passed by City Council December 9, 2015 and effective January 8, 2016.

Amended by Director of Bureau of Environmental Services April 6, 2017.

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