ORDINANCE No. 182467

Implement improvements to the Downspout Disconnection Program and establish administrative rules

(Ordinance; repeal and replace Code Chapter 17.37)

The City of Portland ordains:

Section 1.  The Council finds:

1.  On May 10, 1995, City Council adopted Ordinance No. 168792, added Chapter 17.37 to the City Code and established the Downspout Disconnection Program to provide incentives for property owners in targeted neighborhoods in combined sewer basins to disconnect their downspouts from the combined sewer system and to allow their roof water to drain to gardens and lawns.

2.  On May 15, 1996, City Council adopted Ordinance No. 170113, amending Chapter 17.37 of the City Code to expand participation models, clarify program guidelines, to further describe participation standards and distinct program areas, and to create exemptions from disconnecting through the Downspout Disconnection Program.

3.  Since its creation, the Program has disconnected more than 50,000 downspouts, removing more than 1.2 billion gallons of stormwater per year from the combined sewer system. The Program is a successful partnership between the City, neighborhood and community organizations, non-profit service providers and property owners.

4.  The Bureau of Environmental Services recommends revisions to Chapter 17.37 to reflect current stormwater policies and administrative guidance, including consistency with the City’s Stormwater Management Manual. Furthermore, the Bureau seeks to improve the clarity of Chapter 17.37 by transferring administrative sections to a comprehensive set of administrative rules for Downspout Disconnection Program.

5.  The proposed amendments and administrative rules were the subject of public review and comment during September 2008. The Bureau provided notice to neighborhood associations, business associations, and citizens subscribed to Office of Neighborhood Association electronic mailing lists; paid advertisements in the Oregonian, and electronic web posting. No public comments were received.

NOW, THEREFORE, the council directs:

a.  Repealed and replaced Chapter 17.37 in its entirety as set forth in Exhibit A of this Ordinance.

b.  Accept as binding City policy, the Downspout Disconnection Program Administrative Rules as set forth in Exhibit B of this Ordinance.

Passed by the Council, January 07, 2009  Gary Blackmer

Sam Adams

Commissioner of Public Utilities  Auditor of the City of Portland

     By /s/ Susan Parsons

Dan Vizzini

December 3, 2008                  Deputy

BACKING SHEET INFORMATION

AGENDA NO. 1801-2008, 18-2009

ACTION TAKEN:

DEC 24 2008 PASSED TO SECOND READING JAN 07 2009 9:30 A.M.

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 182467