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1that may introduce pollutants into stormwater, capturing acute <br />2releases, directing wastewater discharges and areas with the potential <br />3for relatively consistent wastewater discharges to the wastewater <br />4system, containing spills on site, and avoiding preventable discharges <br />5to wastewater facilities, surface waters or ground waters. <br />6“6.Except as otherwise allowed by this land use code, allow disturbances <br />7or development within drainage ways only when all of the following <br />8conditions exist: <br />9“(a) The disturbance or development will not impede or reduce <br />10flows within the drainage way; <br />11“(b) The disturbance or development will not increase erosion <br />12downstream; and <br />13“(c) The constructed pipe system is sized to convey all of the runoff <br />14from the upstream watershed when the upstream watershed is <br />15completely developed.” <br />16 According to the city, EC 9.6790(1) through (5) has been an acknowledged part of <br />17the EC since 2006. In addition, at about the same time that EC 9.6790(1) through (5) was <br />18adopted by Ordinance 20369 on June 14, 2006, the City Manager adopted the Stormwater <br />19Management Manual that EC 9.6790(1) through (5) calls for. According to the city, that <br />20Stormwater Management Manual was submitted to DLCD following post acknowledgment <br />21procedures and is now deemed acknowledged. In this assignment of error, petitioner <br />22challenges the city’s decision to add subsection (6) to EC 9.6790. <br />A. Improper Delegation to the City Manager <br />23 <br />24 Petitioner first argues that Ordinance 20417 improperly delegates the legislative task <br />25of fleshing out the directive in EC 9.6790(6) to the City Manager, which will be adopted by <br />26the city by administrative rule making rather than by ordinance. Petitioner contends that this <br />27delegation is improper and violates ORS 227.186(2). ORS 227.186(2) directs that “[a]ll <br />28legislative acts relating to comprehensive plans, land use planning or zoning adopted by a <br />29city shall be by ordinance.” <br />Page 35 <br /> <br />