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ENB-4.05 - Sanitary System Development Charges Administrative Rules

SANITARY SYSTEM DEVELOPMENT CHARGES ADMINISTRATIVE RULES
Administrative Rule Adopted by Bureau of Environmental Services Pursuant to Rule-Making Authority
ARB-ENB-4.05

 

TABLE OF CONTENTS

 

1.  Applicability

2.  Purpose

3.  Determination of Charges

4.  Non-Residential Use Review

5.  Administrative Appeal

 

1.  Applicability

 

The Sanitary System Development Charge (SDC) is a charge for connection and use, or increased usage, of sewers and sewage treatment systems. This charge is collected to reimburse the Bureau of Environmental Services (BES) for design, construction, acquisition, operation, maintenance, and discharge requirements of the City of Portland for sewage conveyance, treatment and disposal, as needed for additional development’s use. The sanitary SDC must be paid at or before the issuance of a building permit, sewer connection permit, or plumbing permit; whether for new construction or for alteration, expansion, improvement, or conversion of a building already connected to the sewer.

 

2. Purpose

 

Chapter 17.36 of the Portland City Code requires properties connecting to public sewers under City control to pay the appropriate fees and charges. The intent of the sanitary SDC is to recover from new development an equitable share of the costs of providing additional capacity in, operating and maintaining the public sanitary sewer system.

 

3. Determination of Charges

 

The methodology for determining sanitary SDCs is set forth in the document titled Sanitary and Stormwater System Development Charge Methodology originally adopted as Exhibit D to Ordinance No. 178449 and updated annually by general ordinance.

 

A. Equivalent Dwelling Units. All sanitary SDCs will be based on a unit of measurement known as an equivalent dwelling unit ("EDU"), which represents the sanitary volume from a single-family residential dwelling.

 

B. Cost per EDU. The cost per EDU is determined in the annual Sewer System Rate Study.

 

C. Determination of EDUs.

 

1 Single-family. Single-family dwellings will be assessed at the rate of one EDU per dwelling.

 

a. Foster care facilities with seven or fewer bedrooms may be classified as single-family dwellings.

 

b. Row houses, townhouses and condominiums will be charged 1 EDU per dwelling unit.

 

2 Multi-family. Multifamily uses will be assessed 0.8 EDU for each unit. Non-living units within a multi-family project will not be charged additional EDUs unless they will be open to the general public.

 

a. Accessory Dwelling Unit ("ADU"). Separate, smaller dwelling units on the same tax lot as the primary dwelling structure will be assessed 0.8 EDU per unit.

 

b. A single-family dwelling that is converted into a duplex will be charged an additional 0.6 EDU.

 

c. Institutional occupancies that receive public water service for only nine months of the year will be charged 0.6 EDU per unit.

 

3 Non-residential. EDUs for non-residential uses will be determined according to a conversion from Plumbing Fixture Units ("PFUs") to EDUs, except as noted in Section 4. PFUs for given plumbing fixture types will be as shown in the Oregon Plumbing Specialty Code at the time of the permit application. PFU to EDU conversions will be as follows:

 

a. For the following occupancy types, one EDU per 16 PFUs:

 

i. Fire Station

ii. Automotive Retailers

iii. Churches/ Organizations

iv. Construction Trade Services

v. Education/Cultural

vi. Repair Services

vii. Rental/Storage Services

 

b. For the following occupancy types: one EDU per 12 PFUs:

 

i. Retail: Sales & Business without food service or public-use facilities

ii. Food Service

iii. Beauty and Barber Salons

iv. Clothing & Dry Goods Stores

v. Warehouses used for storage

 

c. For the following occupancy types: one EDU per 7 PFUs:

 

i. Industry

ii. All other occupancies

 

d. Any additional PFUs installed to alter a single-family dwelling for the purposes of a commercial activity will be charged using the commercial methodology described in the annual BES rate ordinance (e.g., Bed and Breakfast conversion).

 

4 Mixed Use. For mixed residential/non-residential uses, the EDUs will be determined according to C.1 and C.2 for the residential portion, and according to fixture counts (C.3) for the nonresidential portion.

 

5 Change in Usage or Plumbing. EDUs will be determined according to net increase in sewer use. For residential uses, this will be based on net increase in dwelling units. For nonresidential uses, it will be based on net fixtures added.

 

D. Calculation of Charge. The amount of the SDCs will be determined by multiplying the cost per EDU by the number of EDUs assigned to the occupancy type.

 

4. Non-Residential Use Review

 

Non-residential uses' commercial or industrial wastewater flows are not always accurately measured by PFU-based calculations. As a result, the City needs to review the actual wastewater flow of the occupant after connection, which may result in the assessment of additional EDUs.

 

A. Applicability. The following non-residential occupancies with commercial or industrial wastewater flows will be subject to a review of wastewater discharges after connection to the sanitary sewer system:

 

1 Manufacturing, Materials Processing or other Industrial or Institutional Uses:

 

a. Manufacturing facilities

b. Tilt-up Warehouses

c. Industrial laundries

d. Food/beverage-processing facilities

e. Educational institutions

f. Hospitals

g. Unknown final use/occupancy

 

2 Mixed Uses. Where occupancy includes both the uses as listed above and another unlisted use, the occupancy may be subject to review. If wastewater flows for the uses as listed above are metered separately, they may be evaluated separately for purposes of review.

 

3 Determination of Occupancy Type by Director. Where an occupancy is not described by any of the above categories, the Director may determine the appropriate classification for purposes of review.

 

B. Determination of Sanitary Flow. Wastewater flows will be reviewed within two years of connection to the sewer system. If accurate water use information is not available during that time, the Director may determine the appropriate interval. Sanitary flow will be determined by calculating a monthly average flow over six-month intervals. Average flow will be the highest such average over the two-year interval following connection to the sanitary sewer system.

 

C. Calculation of EDUs. EDUs for occupancies subject to review under section 4.A will be determined according to the following conversion: 600 cubic feet (6ccf) of sanitary flow per month equals one EDU.

 

D. Sanitary SDC Due. If the EDUs calculated during the use review exceed the EDUs paid upon application for the permit, the applicant must pay the difference to the City,based on the rate per EDU in effect at the time of the use review. An occupancy otherwise determined to be subject to review will not be subject to adjustment of the sanitary SDC if its average usage is below 1,800 cubic feet (18ccf) per month. The occupant of the site is considered to be the responsible party for the additional amount due, unless BES is notified otherwise in writing.

 

1. If the occupant of the site is not the permit applicant, and the occupant pays for additional EDUs during the use review, then the additional EDUs paid will accrue to the occupant, and may be applied elsewhere in the event of relocation within the City ofPortland or the Urban Service Boundary.

 

5. Administrative Review

 

A. Request for Administrative Review. The applicant may request an administrative review of the calculation of the sanitary SDC prior to payment or within sixty days of payment of the sanitary SDC. The applicant must make a written request for administrative review to BES at the following address:

 

Systems Development Manager

Bureau of Environmental Services

1120 SW Fifth Avenue, Room 1000

Portland, Oregon 97204-1912

 

B. Review Process. Upon receipt of a request for administrative review, the Director will conduct a review, consider documentation provided by the applicant as well as Bureau and City documentation, and make a final determination regarding the calculation of the charge.

 

1 Valid Request for Administrative Review. BES will consider a written request for administrative review to be valid if the applicant provides substantive documentation to support one or more of the review criteria to be used by BES to make a final determination. If no such documentation is provided with the request, BES will notify the applicant that the request is denied.

 

2 Review Criteria. BES will use the following criteria to make a final determination:

 

a. Accuracy of the EDU count for the applicant’s permit, including net increase in cases of expansion, or modification.

b. Accuracy of the PFU count for non-residential uses, including net increase in cases of expansion, modification, or change in use.

c. Appropriateness of the business type for non-residential applicants for purposes of determining EDU equivalency.

d. Appropriateness of the business type for review of flow.

e. Accuracy of average sewer discharge measurements and calculations for flow review.

f. Appropriateness of the site’s existing EDUs.

 

3 Final Determination. BES will make a final determination based on the written documentation provided by BES and the applicant. BES will send a written notice of the final determination to the applicant within 21 days of receiving the request for administrative review. The notice will contain a description of the final determination and provide information about the process for filing an appeal through BES for the City Code Hearings Officer.

 

Appeals to the Bureau Director may be made in accordance with City Code section 17.36.190.

 

C. Appeals to the City Code Hearing Officer. An applicant may appeal BES' final determination by filing a written request with BES for the Code Hearings Officer within 10 days after the date of the written decision of BES. The request for an appeal hearing must be in writing and contain a copy of the BES decision and a statement of the grounds upon which it is contended that the decision is invalid, unauthorized, or otherwise improper, together with such other information as the Code Hearings Officer may by rule require. The Code Hearings Officer may specify and provide hearing request forms to be used by persons requesting hearings.

 


HISTORY
 
Signed by Bureau of Environmental Services Director September 29, 2004.
Filed for inclusion in PPD September 29, 2004.
Amended by Bureau of Environmental Services Director June 13, 2007.
Amended by Bureau of Environmental Services Director June 11, 2012.
Amended by Director of Bureau of Environmental Services January 24, 2014.

Table of Contents
ENB-4.01 - Stormwater Management Manual
ENB-4.02 - Sewer Maintenance Under Streetcar Tracks
ENB-4.03 - Sanitary Discharge and Pretreatment Program Administrative Rules
ENB-4.04 - Odor Control Policy for Columbia Boulevard Wastewater Treatment Plant
ENB-4.05 - Sanitary System Development Charges Administrative Rules
ENB-4.06 - Sanitary Sewer Line and Branch Charges Interim Administrative Rules
ENB-4.07 - Sewer Development Services Programs
ENB-4.08 - Sewer Backflow Devices, Reimbursement for Installation
ENB-4.09 - Sewer and Drainage System User Charges Administrative Rules
ENB-4.10 - Erosion and Sediment Control Manual
ENB-4.11 - Recovering the Costs of Engineering and Superintendence Services for Public Sewer Improvement Projects
ENB-4.12 - Septage Hauler Program Administrative Rules
ENB-4.13 - Administrative Rules for Discharges to the City Storm Sewer and Drainage System
ENB-4.14 - Sewer and Drainage Facilities Design Manual
ENB-4.15 - BES Enforcement Program Administrative Rules
ENB-4.16 - Clean River Rewards Stormwater Discount Program
ENB-4.17 - Sanitary System Connection Administrative Rules
ENB-4.18 - Mandatory Sewer Connection Program
ENB-4.19 - Green Streets Policy and Green Streets Cross-Bureau Phase 2 Report
ENB-4.20 - Sewer and Drainage Rates and Charges
ENB-4.21 - Downspout Disconnection Program
ENB-4.22 - BES Public Works Enforcement Program Administrative Rules
ENB-4.23 - Treebate Program
ENB-4.24 - Public Works Permitting Services and Fees
ENB-4.25 - Extra Strength Charge Program Administrative Rules
ENB-4.26 - Fats, Oils, and Grease Removal Program Administrative Rules
ENB-4.27 - Nonconforming Sewer Conversion Program
ENB-4.28 - BES Financial Assistance Programs
ENB-4.30 - BES Title 10 Discharge Enforcement Administrative Rules
ENB-4.31 - Maintenance Inspection Program Administrative Rules
See Also Erosion Control Plan Review and Inspection Requirements
See Also Private Sewers in the Public Right-of-Way
See Also Watershed Health