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ENB-4.10 - Erosion and Sediment Control Manual

EROSION AND SEDIMENT CONTROL MANUAL

Administrative Rule Adopted by Bureau of Development Services Pursuant to Rule-Making Authority

ARB-ENB-4.10


 

The complete text of the Erosion and Sediment Control Manual  (PDF document, 5.22 MB) is available for download. 

 

AUTHORITY:

Under Section 10.10.30.D of Title 10, the Director of the Bureau of Development Services (BDS) has the authority to adopt rules and supplemental regulations regarding Title 10.  Such rules shall apply to all permitted development activity.  Furthermore such rules must be found to be in conformance with the intent and purpose of the title.

 

CITATION:

Section 10.10.030.D reads, in part:

 

"D. Rulemaking.

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 Neighborhood Involvement 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. "

FINDINGS:

 

1.  The purpose of Title 10 is to "provide(s) requirements for development and construction related activities in order to control the creation of sediment and to prevent the occurrence of erosion at the source during construction and development."

 

The purpose of the Erosion Control Manual is to "provide(s) technical guidance for temporary and permanent erosion prevention, sediment control, and control of other development activities that can cause pollution during the construction process (before, during, and after clearing, grubbing, grading, and excavation)."

 

The manual provides the technical specifics that will allow applicants to meet the requirements of Title 10.  The Erosion Control Manual is therefore in accordance with Title 10.

 

2.  The designee of BDS worked to update the Erosion Control Manual with the designated representatives of the Bureaus specified in Subsection A of Title 10.  At the conclusion of this process, the designated Bureau representatives concurred with the proposed permanent rule.  Therefore, the director of BDS has gained the concurrence of the Directors of the Bureaus specified in Subsection A.

 

3.  BDS published a notice of public hearing in The Oregonian, a newspaper of general circulation, from December 3 through 7, 2007.  The notice included all the elements required by this Title.  BDS then held a public hearing to receive comments on January 7, 2008, more than 30 days after the first published notice.  This meets the notice requirements of Title 10.

 

4.  The designee of the BDS Director received no comments during the public hearing.  In response to a request to hold open the record, BDS accepted comments from the public until February 28, 2008.  The Director considered those comments and has incorporated them as appropriate in the Erosion Control Manual.  The requirement for public comment and involvement is therefore satisfied.

 

CONCLUSION:

As provided in Title 10, the Director of BDS hereby adopts the revised Erosion Control Manual as a permanent rule.

 

EFFECTIVE DATE:  This Administrative Rule shall be effective April 21, 2008.

 

The complete text of the Erosion and Sediment Control Manual  (PDF document, 5.22 MB) is available for download.

 


HISTORY

 

Effective March 1, 2000.

Manual developed by Office of Planning and Development Review in conjunction with Bureau of Environmental Services, Office of Transportation and Bureau of Water Works.

Filed for inclusion in PPD September 29, 2004.

Revised administrative rule adopted by Director of Bureau of Development Services April 7, 2008 and effective April 21, 2008.


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 - System Development Charges Administrative Rules
ENB-4.06 - Sanitary Sewer Line and Branch Connection Charges
ENB-4.07 - Sewer Development Services Programs
ENB-4.08 - BES Sewer Backflow Device Reimbursement Program Administrative Rules
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-4.29 - BES Connection Permit Refund Administrative Rules
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