(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.