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POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter Title 21 Chapter 21.35 Wellhead Protection
Chapter 21.35 Wellhead Protection

- Note

(Added by Ordinance No. 177668, effective July 1, 2003.)


21.35.010 Establishment of Wellhead Protection Area.

The Bureau of Water Works is authorized to establish wellhead protection areas in order to regulate the storage, handling, use and transportation of materials that could contaminate groundwater. The Bureau of Water Works shall establish the boundaries of wellhead protection areas based on the best available information about the dynamics of the aquifers that existing and future wells tap, the time-of-travel of hazardous materials and other relevant factors. The Bureau shall publish a map of all designated wellhead protection areas, shall certify copies to other city bureaus, and shall make such maps available to the public upon request and otherwise take steps, in its discretion, to publicize the availability of the maps to residences and businesses within the wellhead protection area. The Bureau of Water Works may alter the boundaries of a wellhead protection area if the information on which existing boundaries are based changes. Proposed changes to a wellhead protection area shall be adopted by rulemaking.

 


21.35.020 Storage, Handling, Use and Transportation of Hazard Materials - Reporting.

A. The Bureau of Water Works shall have the authority to designate materials as hazardous and to require all persons or businesses possessing or using hazardous materials within the wellhead protection area to make annual reports to the Bureau concerning the types and quantity of hazardous materials stored, handled, used or transported, the storage and containment provisions for hazardous materials, and related information, including but not limited to a site plan indicating the location of hazardous materials manufactured, generated, stored or used, information indicating the location of drains, capacities of containment systems, drainage utility shut-off, and topographical information. If the Bureau of Water Works establishes reporting requirements, persons or businesses shall submit required information to the Bureau of Water Works in accordance with the schedule established in the Reference Manual. If another bureau is designated to receive reports on behalf of the Bureau of Water Works, and if it is deemed practical by both bureaus, reporting requirements and reports may be combined.

B. Failure to submit a complete report within the timeframe established in the Reference Manual constitutes a violating and shall be subject to enforcement pursuant to Section 21.35.050 of this Chapter.


21.35.030 Storage, Handling, Use and Transportation of Hazardous Materials - Standards.

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

 

A.  Initial standards for the storage, handling, use and transportation of hazardous materials are contained in the Well Field Wellhead Protection Program Reference Manual, adopted as administrative rules concurrently with this Code.  The Bureau of Water Works shall have the authority hereafter to promulgate rules to set or amend standards, including the standards found within the Reference Manual, for the storage, handling, use and transportation of hazardous materials that may be used within the wellhead protection area.  The Bureau's authority to set standards shall extend to designation of materials as hazardous to groundwater quality, to storage, handling use, transportation, and containment of such materials both inside and outside structures, including equipment or devices for preventing and controlling spills or releases of such materials beyond containment vessels.  Rules adopted under this Section of the water code shall be compiled in the Reference Manual.

 

B.  Upon the effective date of this Chapter, existing businesses and individuals not in compliance with the standards set pursuant to this Chapter of the Code, shall bring their operations into compliance with applicable standards in accordance with the schedule established in the Reference Manual.

 

C.  Within 15 months of the program effective date, the Water Bureau shall collect information on the number of existing, non-conforming businesses that will be required to upgrade operations to comply with the requirements of Subsection 21.35.030 B.  Data gathered by the Water Bureau shall include information on the specific scope and extent of improvements required pursuant to Subsection 21.35.030 B. and shall be collected during routine inspections performed by Portland Fire & Rescue.

 

D.  The Water Bureau and Bureau of Environmental Services shall evaluate collected information, in consultation with affected business and property owners, and business organizations to determine if improvements required by Subsection 21.35.030 B. are protective of water quality within the Wellhead Protection Area and Columbia Slough watershed.  The Water Bureau and Bureau of Environmental Services will report to Council the results of this evaluation before January 1, 2005.

 

E.

 

1.  Site plans or permits for projects to bring existing non-complying operations into compliance with the standards of this Chapter and the Reference Manual shall not be subject to additional review by Bureau of Environmental Services to address source control issues of the City Stormwater Management Manual (SWMM).

 

2.  The exemption from Bureau of Environmental Services review in Subsection 21.35.030 E.1., shall not apply where a business or property owner cannot manage increased stormwater resulting from modifications required to comply with the wellhead protection requirements entirely on-site.  If such drainage cannot be managed on-site and will drain to a City sewer, a City sewer easement, or a City right-of-way, the permit shall have a BES source control review to assess impact to the Columbia Slough which may result in additional source protection measures beyond the Reference Manual Best Management Practices to address the increases in stormwater drainage.  The requirements of Subsection 21.35.030 E.2. shall remain in effect until January 1, 2005.

Nothing in this provision shall exempt any site plan or permit from stormwater management requirements contained in sections of the Stormwater Management Manual that are not related to source control (source control requirements are currently contained in Chapter 4) or from future source control review criteria that may become required by state or federal law beyond the scope of requirements in the 2002 SWMM.

Nothing in this provision shall exempt any person from the requirements of City Code Chapter 17.34 related to industrial wastewater discharges to the City's sewer system or from the requirements of the NPDES permit program.

 


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.

21.35.050 Storage, Handling, Use and Transportation of Hazardous Materials - Certificates of Inspection.

A. A Certificate of Inspection shall be valid until a subsequent inspection or review or until it is revoked.

B. A Certificate of Inspection shall be kept on the premises at all times and be available for review by Bureau of Water Works personnel or other authorized City personnel.

C. A Certificate of Inspection shall contain the following information:

1. The address of the occupancy or facility, including exterior space utilized for storage, handling, use or transportation of hazardous materials;

2. The name and address of the person or business occupying the facility; and

3. A statement that the described occupancy complies with the applicable regulations and policies.

D. The issuance of a Certificate of Inspection does not suspend the applicability of any water regulations.

E. The Certificate of Inspection is issued to the business owner/operator for the existing use at the location specified in the Certificate. It is not transferable.


21.35.060 Enforcement.

(Amended by Ordinance Nos. 180917 and 182053, effective August 15, 2008.)

 

A.   Violations. It shall be a violation to store, handle, use or transport hazardous materials in a manner contrary to the standards set by the Bureau of Water Works.

 

B.   Warning Letter.

 

1.   The Bureau may issue a Warning Letter that informs an individual or business of a violation, and the consequences of the violation or continued noncompliance. The letter may state the actions required to resolve the violation and may specify a reasonable time by which compliance is to be achieved.

 

2.   As part of a Warning Letter, and depending on the number or gravity of violation(s), the Bureau may require an individual or business to prepare and submit a Compliance Plan that establishes a reasonable timeframe for correcting the violation(s) or the implementation of alternative storage, handling, use, transportation, or containment practices that are capable of satisfying the standards of this Chapter. A Compliance Plan shall be subject to review and approval of the Bureau of Water Works, or a designated bureau.

 

3.   If an individual or business fails to take the steps necessary to come into compliance within the period specified in the Warning Letter, the Bureau may take further enforcement action pursuant to Subsection 21.35.060 C.

 

C. Orders to Cure Violations, Civil Liability, Nuisances.

 

1.   If an individual or business fails to come into compliance in the time specified in a previously issued Warning Letter, or within a timeframe established in an approved Compliance Plan, the Bureau may issue an Order to Cure the violation and establish a final date for resolving the violation, after which Subsections 21.35.060 D. and E. may be invoked. Failure to comply with an Order to Cure shall be a violation of law.

 

2.   If the Water Bureau finds that there is an imminent danger of a release of hazardous materials into the environment resulting from the violation of standards governing the storage, handling, use and transportation of a hazardous material, the Bureau may declare that a nuisance exists and may issue, without prior notice, an Order to Cure requiring immediate action to be taken to halt any activity causing such imminent danger, and directing the individual or business to immediately take steps correct any conditions contributing to the danger.

 

3.   If the individual or business subject to an Order to Cure issued pursuant to this section does not comply with the Order, the Bureau may:

 

a.   Revoke a Certificate of Inspection;

 

b.   Order the individual or business to cease the storage, handling, use or transportation of hazardous materials that are the subject of the violation until such time as the violation is corrected;

 

c.   Issue a Civil Penalty pursuant to Subsection 21.35.050 D.; or

 

d.   Undertake to correct any conditions contributing to the imminent danger of a release of hazardous materials into the environment. The costs of such action will be charged to the individual or business subject to such Order.

 

4.   The person or business subject to an Order to Cure issued under this Chapter may appeal said Order under City Code Subsection 31.10.080 C. in the same manner that an order of the Fire Marshal may be appealed. The Board of Fire Appeals shall handle any such appeal as provided in the Fire Code, except that the Board is not authorized to grant variances or adjustments under City Code Subsection 31.10.080 C.5.

 

5.   Should hazardous material be released as a result of a violation, or as a result of a failure to correct a violation, the individual or business responsible for such spill shall be civilly liable for all costs incurred by the City associated with cleaning up such release and all costs of any other City action reasonably determined to be necessary by the City to contain, control or clean-up the release or to protect the well field from contamination.

 

D.   Civil Penalty.

 

1.   In addition to any other fee or civil liability provided by law, the Bureau of Water may impose a civil penalty in an amount not to exceed $500 per day or two times the re-inspection fee that would otherwise have been collected, whichever is greater, for each day a violation continues to exist against any individual or business who does not comply with the provisions of this chapter. Each failure to comply with a separate regulatory standard shall be deemed a separate violation.

 

2.   Any civil penalty imposed pursuant to this section shall become due and payable when the person incurring the penalty receives a notice in writing from the Bureau of Water or designated bureau. The notice referred to in this Subsection shall be sent by registered or certified mail and shall include:

 

a.   A reference to the particular Sections of the Chapter or Code Section or Reference Manual involved;

 

b.   A short and plain statement of the matters asserted or charged;

 

c.   A statement of the amount of the penalty or penalties imposed; and

 

d.   A statement of the right of the person to request a hearing.

 

3.   The owner or operator of a facility subject to this Section who is ordered to pay a civil penalty in accordance with this Section shall have the right to appeal the imposition of or amount of the penalty as provided by City Code Subsection 31.10.080 C. of this Code in the same manner that an order of the Fire Marshal may be appealed. The Board of Fire Appeals shall handle any such appeal as provided in the Fire Code, except that the Board is not authorized to grant variances or adjustments under City Code Subsection 31.01.080 C.5.

 

E.   Legal Action. The City may bring an action in a court of proper jurisdiction, including the Circuit Court of Multnomah County and the Federal District Court for the District of Oregon, to enforce any order to cure issued under this Chapter, collect any penalty assessed under this Chapter, or recover any costs incurred pursuant to Subsections 21.35.060 C.3. and 5.

 

F.   Re-inspection Fees.

 

1.   Any individual or business found in violation of law or any order under this Chapter and who fails to correct such violation or comply with such order within 30 days after receiving written notice from the Bureau of Water to do so, shall be charged and required to pay a re-inspection fee of:

 

a.   $100 if violations remain uncorrected at the time of the first re-inspection,

 

b.   $200 if violations remain uncorrected at the time of the second re-inspection,

 

c.   $400 for the third and subsequent re-inspections if violations remain uncorrected at that time.

 

2.   Re-inspection fees shall be in addition to any fees established by Council or the Water Bureau by rulemaking in the Well Field Wellhead Protection Program Reference Manual. Any person or business so charged a re-inspection fee that believes that the charges are inappropriate may appeal such charges pursuant to City Code Subsection 31.10.080 C. in the same manner that an order of the Fire Marshal may be appealed. If the Water Bureau enforces this chapter through interagency agreement with Portland Fire & Rescue or another bureau, the fees charged by that bureau shall be in lieu of the fees described in this paragraph.

 


21.35.070 Inter-Agency Cooperation.
 
(Amended by Ordinance No. 180917, effective May 26, 2007.)  The Bureau of Water Works may enter into inter-agency agreements with Portland Fire & Rescue or other City bureaus to inspect premises, issue Certificates of Inspections, enforce standards, or otherwise administer this Wellhead Protection Code.  If inter-agency agreements are made to enforce standards, and if circumstances make it practical, the Certificates of Inspection issued under this chapter shall be combined with any certificates of inspection or equivalent issued by the bureau enforcing this chapter.

21.35.080 Building and Site Permit Review and Approval.

No City building permit or other permit for site alterations, construction, building alterations, repairs, or other work involving or affecting the storage, handling, use, transportation, or containment of hazardous materials may be issued without the prior review and approval of the Bureau of Water Works. The Bureau of Water Works may approve any such permits only upon a finding that the activity proposed conforms with this Chapter and rules promulgated under this Chapter. Such plan review shall be conducted pursuant to City of Portland rules and practices for development review.


21.35.090 Rulemaking.

(Repealed by Ordinance No. 182053, effective August 15, 2008.)