HomeMy WebLinkAboutAdmin Order 58-03-01-F ADMINISTRATIVE ORDER NO. 58-03-01-F
of the
City Manager pro tern of the City of Eugene
AMENDMENT OF EROSION PREVENTION AND
CONSTRUCTION SITE MANAGEMENT PRACTICES
ADMINISTRATIVE RULE 6.645; AND REPEAL OF
ADMINISTRATIVE ORDERNO. 58-00-26-E
The CRy Manager pro tern of the City of Eugene finds that:
A. Sections 2.019 and 6.645 of the Eugene Code, 1971, authorize the City Manager to
adopt rules deemed necessary for the administration and enforcement of the provisions of the Eugene
Code, 1971.
B. Pursuant to that authority and based on the findings contained/n Administrative Order
No. 58-03-01/ssued on January 15, 2003, I proposed the amendment of the Erosion Prevention and
Construction Site Management Practices Administrative Rule and repeal of Admin/strative Order No.
58-00-26-F.
Co Notice of the proposed amendment was given by rnak/ng copies available to any
person who had requested such notice and by publication for five consecutive days in the Register
Guard, a newspaper of general ckculation w/thin the City, on January 19, 20, 21, 22 and 23, 2003.
Notice provided that wrkten comments would be received for a period of 15 days from the date of
the first publication. Two comments were received to wh/ch I make the following findings:
Comment 1: The definition o f"Maxh~um Extent Practicable" provides that a practice
or action shall be considered "cost-effective" so long as the cost is less than or equal to $1.50
per square foot of chsturbed area. Costs to be considered include krrplementation and
ma/ntenance ofconstructionsitemanagementmeasures. Costsnot consideredinclude: design
preparation, preparation of construction site management plan/template, actions taken to
correct violations,/nclud/ng any civil penalties imposed, and permanent landscaping and
associated fees. Why shouldn't design and processing costs be included in the per square foot
cost.?
Finding: The rev/sed definition of''Maximum Extent Practicable" removed perm/t
fbes from the costs that will be considered cost-effective in order to focus on the
implementation and maintenance of BMPs. Design preparation, preparation of construction
site management plan/template, actions taken to correct violations, including any civil
penalties imposed, and permanent landscaping and associated fees, have never been included
/n the $1.50 calculation. The $1.50 per square foot ofdistur~d area is to represent the
effective/mplementation which is strictly material and/nstallation costs to protect a site. No
changes were made to tiffs role as a result of this comment.
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Comment 2: The definition of"Perimeter Comrol" allows no stormwater to leave the
site in a five-year storm evem. This seems unreasonable. Is the correct reading of the role
that they only apply per/meter control measures to stockpiled material?
Findings: Per~eter comrols are an option available to protect both exposed soils and
stockpiles, but per/meter controls are not the only option~ During the wet weather season all
exposed soil and stockpile areas not protected by perimeter control must be covered. During
the non-wet weather season soils and stockpile areas cannot be exposed to precipitation or
stormwater runoff without the provision of secondary conta'mment, perimeter controls and
other approved BMPs. Thus, during the wet-weather season exposed soils and stockpile
areas must be covered, which is our preferred BMP, or other measures must be taken so that
no rtmoff leaves the site during any storm events up to a five-year storm, i.e., perimeter
controls. During the non-wet weather season the applicant has more options to choose from
They could cover all so~, provide secondary treatment, which include both a preventative
measure and a control measure, or not allow runoffto leave the site during any storm event
up to a five-year storm No changes were made to this rule as a result of this comment.
Now, therefore, based on the findings/n Admin/strative Order No. 58-03-01 and the above
findings, which are hereby adopted, and pursuant to the authority contained in Sections 2.019 and
6.645 of the Eugene Code, 1971, I hereby repeal Administrative Order No. 58-00-26-F as of the
effective date of th/s Order, and adopt the Erosion Prevention and Construction Site Management
Practices Admin/strative Rule 6.645, to pro,ride as follows:
EROSION P~VENTION AND CONSTRUCTION SITE
MANAGEMENT PRACTICES ADMINISTRATIVE RULE R-6.645
R-6.645-A Purpose and Intent,
1, Purpose. These roles implement Sections 6.625 to 6.645 of the Eugene Code, 1971,
which were adopted to restrict the discharge of sediments or other construction related materials,
including hazardous substances, into the City's stormwater system in order to:
1.1 Prevent or m/nimize, to the max/mm extent practicable, negative impacts to
adjacent properties, water quality and Related Natural Resource Areas result/ng fi:om
construction activities; and
t.2 Mainta/n the capacity of the City's stormwater system by mkfimizing
sedimemation.
2. Intent. The intent of these rules, in implementing sections 6.625 to 6.645 of the
Eugene Code, 1971,/s to ensure that construction related activities prevent or minimize erosion~
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sedimentation, and other stormwater related problems identified/n subsection 1 above. To carry-out
the intent of the these rules,/t is the goal of the City's erosion prevention program to review and
respond to all erosion permit applications in a timely manner so that these provisions do not increase
the time frame for issuing other permits. These rules are designed to provide developers and property
owners with broad discretiotl for addressing potential impacts of construction related activities, so
long as the erosion prevention measures achieve the desired outcomes. Therefore, except for the
wet-weather requirements contained irt R-6.645-D-2, these rules do not specify or mandate the use
of certain erosion prevention measures, and instead, provide applicants with flexibility to choose or
design erosion prevention measures subject to re~4ew by the City. The issuance of an erosion
prevent/on permit by the City w/il not necessarily reflect concurrence by the City that the proposed
measures will work. Instead, the City's review may be more limited in many cases, relying on the
certification of the ovmers' certified professional that the proposed measures will achieve the
mandated outcomes. In such cases, the City's review may be limited to making an evaluation that
the proposed measures address antic/pared impacts. Where the City is uncertain about the likely
success of the proposed measures, the City may issue the permit, and monitor the site to determine
whether the measures are achieving the outcomes. If the erosion prevention measures have not been
successful in achieving those outcomes, the City may require the submission of an amended
construction site management plan or implementation of other changes or measures that will ensure
compliance in achiev'mg the outcomes.
R-6.645-B Definitions.
In addition to the definitions contained in Sections 6.406 of the Eugene Code, 1971, as used
in these rules, the following words and phrases mean:
Adjacent property. Propertyin close proximity to a construction site, and potentially
subject to erosion, sedimentation, or construction material impacts resulting from the
construction activity.
Annual landscape actMties. Activities necessary to maintain the health and function
of developed landscaped areas, including but not limited to: tilling, sodding, mow/ng,
aerating, and prun/ng.
Best management practices (BMP's). Physical, structural, and/or manager/alpractices
employed to avoid or mit/gate erosion, sedimentation, or contammtion of the City's
stormwater system and related naturalresource areas, or to otherwise meet the requkements
of this
Certified professional. A person with a backgromnd or training in erosion prevention
techniques and who holds a license or certification to practice in Oregon in one of the
following professions: engineering, architecture, landscape architecture, geology, or is in a
s/m/lar profession as determined by the City Manager; or a person who is certified as a
professional in erosion and sedimentation control by the International Erosion Control
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Association, or any other s/mflar organization, or by the City, as determ/ned by the City
Manager.
City manager. The City Manager of the City of Eugene, or the Manager's designee.
City stormwater system Those stormwater facilities located on city-owned proper~
city right-of-way, city easements and any stormwater fac~ty the city is contractually or legally
obligated to operate and maintain, including but not limited to:
(a) An open drainage way, headwater stream, creek, wetland, spring, or
pond, including those not maintained by the city which drain onto city-owned
property or into c/fy maintained facilities;
(b) A pipe or sewer and its related appurtenances that carry stormwater
and have been designed and constructed expressly for use by the general public and
accepted by the city,
(c) Streets, curbs and gutters and other surfaces in the public way which
are designed to carry stormwater, roads/de drainage ditches along unimproved city
streets but not access drive culverts; and
(d) Flood control and stormwater quality facilities (levees, dikes, overflow
channels, swales, biofiltration facilities, infiltration facilities, detentionbasins, retention
basins, dams, pump stations, groundwater recharging basins, sediment traps~
wetlands, etc.) that have been designed and constructed expressly for use by the
general public and accepted by the city.
Construction activity. An activity used in the process of developing, redeveloping,
enhancing, or maintaining land, including but not limited to: land disturbance, building
construction, paving and surfacing, storage and disposal of construction related materials.
Construction footprint. That area of a parcel where disturbance to vegetation
and land form is necessary for the construction of buildings, parking lots, walk-ways,
landscaping, utilities, and for staging of construction equipment and other similar uses
associated with construction activities.
Construction related materials. Potential water quality pollutants that are used or
created during construction activities including, but not limited to; off-site deposits of
sediments by vehicles (e.g. tracking, spilling); building material wastes (e.g.. scrap metals,
robber, plastic, glass, masonry, wood; paints and thinners; packaging materials; insulation,
plaster grout); hazardous substances (e.g. cleaning solvents; cheraical additives; concrete
curing compounds; acids for cleaning masonry' surfaces; paints, thinners); pavement saw-
cutting effluent; and concrete washout.
Construction site management plan (CSMP). A set of maps, data, drawings, and
narrative that describes expected nmofffromnew construction sites and establishes measures
to be taken fbr preventing erosion, sediments, and other pollutants from construction related
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activities.
Designated buffer. An area establ/shed bythe Eugene Code, 1971, including but not
limited to sections 9.4700 - 9.4720 and 9.4800 - 9.4820, that separates a protected natural
resource site, such as a wetland or water feature, from a conflicting use; and any conservation
zone or protected area establ/shed during the land -use review and approval process that is
designed to protect natural resource sites or drainageways.
Development site. A tract of land under common ownersh/p or control, either
undivided or consisfmg of two or more contiguous lots of record. Property under common
ownership that is b/sected by a publ/c street or alley shall be considered one developrnent site
unless the land was legally divider[
Dewater/ng. The removal and disposal ofsurface water or groundwater for purposes
of preparing a site for construction or facilitating construction.
Dkectly drains. The conveyance and discharge ofstormwater runoff- either on the
surface or by an open channel or pipe - into a water feature that is located on or adjacent to
the parcel or tax lot of record for which construction activities are planned, or onto/into its
designated buffer area~
Disturbed area~ A parcel or a portion of a parcel of land where the vegetation~
landform, or topography is altered due to logging, cleating, grubbing, grading, paving, stock
piling, or budding.
Emergency condition. An/mmediate danger to life, property, or the env/ronment due
to circumstances beyond the control of the property owner, including, but not limited to,
natural and human-caused disasters such as fires, floods, slides, earthquakes, sinkholes, and
tree blow-down.
Enforcement officer. The person designated by the City Manager to enforce the
provisions of Sections 6.625 to 6.645 of the Eugene Code, 1971 and these rules.
Erosion prevention. Measures to be taken for preventing and/or minimizing
sedimentation and negative/mpacts to water quality in the City's stormwater system and
Related Natural Resource Areas due to erosive impacts on exposed soil from water and wind
forces. For the purposes of this rule, Erosion Prevention shall also include measures taken
to prevent and/or min/m/ze potential/mpacts to the City's stormwater system and Related
Natural Resource Areas associated with construction activities such as handling and storage
of construction related mater/als and disposal of building mater/al wastes.
Ft~y developed property~ A parcel of land that comains bm'ld/ngs, pavement and
other fac~ties, including landscaped areas and due to these uses is not capable of adclitional
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expansion.
Highly erodl'ble soils. Soils classified as highly erod~le, erodibility index of 8 or
larger, by the Natural Resources Conservation Service (NRCS - formerly the Soil
Conservation Service).
Improper disposal Disposal of any construction related material in a manner that
causes, or has the potential to cause, the discharge of pollutants to the City's stormwater
system or Related Natural Resource Areas, the depletion of the capacity of the City's
stormwater system, or the contam/nafion of soils.
Improper storage. Handling or storing of any construction related materials in a
manner that, due to leaks, spills, leachates, deposits or dumps, causes or has the potential to
cause the discharge of pollutants to the City's stormwater system or Related Natural
Resource Areas, the depletion of the capacity of the City's stormwater system, or the
contamination of so~.
Jurisdictional wetlands. Any parcel or portion of a parcel which meets the state or
federal definition of wetlands that are under the jurisdiction of state or federal laws.
Synonymous with wetlands.
Land disturbance. Activities that can change the physical conditions of landform,
vegetation, and hydrology including, but not lim/ted to, cleating, grading, grubbing,
excavating, f~ling, logging, and storing of materials.
Max/mum extent practicable. The greatest degree of pollutant reduction achievable
through the application of technically feas~le, cost effective best management erosion
practices, processes, siting criteria, operating methods, or other alternatives approvedby the
CRy. A practice or action shall be considered"cost effective" so long as the cost is less than
or equal to $1.50 per square foot of disturbed area, Costs to be considered under the
previous sentence shall include implementation and ma/ntenance of construction ske
management measures. Costs do not include: designpreparation, preparation of construction
site management plan/template, actions taken to correct violations, including any cml
penalties imposed, and permanent landscaping and associated design fees.
Minor recurmg activities. Repetitive construction or ma/ntenance activities that are
performed at d/fferent sites as part of an overall work plan or program when no ind/vidual
disturbance exceeds more than 500 square feet of land area and 50 cubic yards of fill or
excavated mater/a[
Per/meter control. A facility or combination offacil/ties that result in no stormwatcr
runoffleaving a she during a 5-year storm event and saturated so/1 conditions including, but
not 1/mired to, constructed ponds, ditches, swales, infiltration trenches, or pipes. For
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development skes over 40 acres, the design storm shall be a 10-year storm event.
Permit holder. The property owner, or easement holder or permittee ofrecord ofthe
parcel or tax lot for which construction act/v/ties are planned.
Person. An indMdual, trust, firm, joint stock con, any, joint venture, consortium,
commercial entity, partnership, assoc/ation, corporation, commission, state and any agency
thereof, polkical subdivision ofthe state, interstate body or the federal govermnent, including
any agency thereo£
Related natural resource areas. Areas located w/thin or adjacent to the City's
stormwater systen:g such as waterways, wetlands, conservation zones or easements, and
riparian areas, which due to their location, topography, vegetation, or other factors provide
one or more of the following stormwater functions: flood control, habitat, streambank
stab'flization, and water quality treatment includ/ng pollutant removal, shading and
temperature stabilization.
Responsible person or responsible party. A permit holder, property owner, or their
agent or contractor, or other person who is responsible for meeting the outcomes, or
respons/ble for violation of this Rule.
Routine maintenance. Activities and practices that are necessary to maintain the
operating capacity, functional integrity, or aesthetics of a place or facihty. Routine
maintenance includes, but is not limited to, landscaping, repair of recreation facilities (e.g.,
ball diamonds, play areas, fields), clean/ng of storrnwater facilities, and patching of streets.
Secondary conta/nment. On-site erosion prevention measures that include both a
preventative measure (soil coverage, vegetative buffer) and a control measure (sed/ment
fence, mulch berm, straw bales).
Sedimentation. The deposit of mud, sand, soil, sedknent or construction materials
exceeding one-half cubic foot in volume for every 1,000 square feet of lot size onto adjacent
properties, into the City's stormwater system, onto Related Natural Resource Areas located
on-ske, into public rights ofway or private streets, and/or into any private storn~ater system
that discharges into a City stormwater system located off-site by dropping, discharging,
directly depos/ting, or resulting from the action of erosion.
Sensitive area. Sites that meet the criteria contained ha R-6 645-E. 1.
Template. An example of a construction site management plan provided by the City
of Eugene that - when modified by the eros/on prevention perm/t holder to address site
specific conditions - can be used to satisfy CSMP requirements for a single dwelling or duplex
dwelling. The ten, late may be prepared by the permit holder or the pem~t holder' s designee.
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Untreated runoff. Contaminated stormwater runoff due to construction activities that
has not been filtered, screened, settled, or othem4se treated fbr the removal ofpollutants~
prior to discharge/nto the City's stormwater system, designated buffers, or Related Natural
Resource Areas.
Water f~atures. Pment or intermittent bodies of water, including creeks, streams,
ponds, rivers, lakes, Related Natural Resource Areas, drainage channels and jurisdictional
wetlands.
Vegetative buffer. A strip of protected land not less than 25 feet in width separating
ground disturbed by construction activity from a water feature, related natural resource area,
or a property line, wh/chever is nearest, contakfing vegetation at least 1 inch in height that
covers at least 80% of the buffer area. The buffer area must be on the site covered by the
permit or be reserved for such use in writing by the property owner.
Visible or measurable eros/orr Evidence of concentrated flows of water over bare
soils, turbid or sediment laden flows, or evidence of on-site erosion such as rivulets on bare
soil slopes where the flow of water is not filtered or captured on the site using the techniques
recommended ~n the City's ErosionPrevention and Construction Site Management Practices
Manual or an approved Construction Site Management Plan, or comparable techniques; and,
earth slides, mud flows, earth sloughing, or other earth movement which leaves the property.
Wetlands. Any parcel or portion ofaparcel which meets the state or federal deflation
of wetlands that are under the jurisdiction of state or federal laws. Synonymous with
jurisdictional wetlands.
Wet weather season. October 15 through April 30, unless otherwise designated by
the City Engineer.
R~6.645-C A[~l~licabilR-v.
1. These rules, and Sections 6.625 to 6~645 of the Eugene Code, 1971 apply to all
construction related activities that result in any one or all of the following:
1.1 Land disturbance, including but not limited to clearing, grading, grubbing,
logging, excavating, filling, and storing of materials;
1.2 Structural development, includ/ng, but not limitedto bu/ldings, bridges, roads,
and other infrastructure such as utilities and sewers;
t.3 Impervious surfaces, including, but not 1/m/ted to parking lots, driveways,
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walkways, and patios; or
1.4 Dewatering.
2. No person shall engage/n any construction related activity covered by Subsection R-
6.645-C. 1 of these Rules except as allowed by the Eugene Code 1971 and these roles. All persons
shall prevent and/or control erosion, sedimentation, and other construction related impacts to
stormwater qual/ty ha a manner designed to meet the outcomes specified in R-6.645-D. Failure to
/mplement measures that meet those outcomes shall subject the person to the same enforcement
provisions as those applicable to a permit holder under section 6.640 of the Eugene Code and R-
6~ 645-F ofthe Rules. Tiffs requirement shallbe/mplement ed through one of the following provisions:
2.1 Issuance of an Erosion Prevention Permit ha accordance with Section R-
6.645-F of these Rules;
2.2 For all other construct/on activities not subject to the erosion prevention
perrrdt requ/rements, compliance by property owners with the standards for preventing and
controlling erosion, sedimentation, and other impacts associated with construction site
management practices. The City will make information about these requ/rements available
through a variety of techniques, hacludhag public outreach programs, handout mater/als, and
other educational efforts to ass/st property owners ha meeting tiffs obl/gation~
3. Notwithstanding Subsection 1 above, the followhag activkies are exempt from the
prov/sions of Sections 6.625 to 6.645 of the Eugene Code, 1971 and these roles:
3.1 Actions by a public utility, the City, or any other governmental agency, to
remove or alley/ate an emergency condition, restore utility service, or reopen a public
thoroughfare to t~raflSc; or
3.2 Actions by any other person when the City determines, and documents ha
writing, that such actions are necessary to remove or alleviate an emergency condition,
restore utility service, or reopen a publ/c thoroughfare to traffic.
3.3 The exemption ha this subsection shall terminate at the t/me the emergency
condition/s alleviated, ut/hty service/s restored, or a thoroughfare/s reopened to trattic.
3.4 The agency or public utility performing the work shall take reasonable steps
to minim/ze sediment, dkt, debr/s, or other contanfinants fi:om entering the City stormwater
system.
R-6.645-D Outcomes.
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1. All persons conducting construction activities covered by R-6.645-C. 1. shall en~loy,
to the max/mm extent practicable, erosion prevention and construction site management practices
which will achieve during both the construction period and wet weather season the following
outcomes:
1.1 Adjacent properties, water features, and Related Natural Resource Areas are
kept free ofdeposks or discharges of soil, sediment or construction-related material from the
site except those that would occur through natural processes from an und/sturbed site;
1.2 Vegetation in water features, Related Natural Resource Areas, and associated
bank and/or riparian areas adjacent to construction sites are preserved or protected from
impacts that exceed those that occur through natural processes on an undisturbed site;
1.3 Public rights of way; the City's stormwater system and Related Natural
Resource Areas, private streets and private stormwater dra/nage systems that d/scharge to
the City's stormwater system are kept free of mud, soil, sediment, concrete washout, trash,
or other similar construction-related material exceeding one-half cubic foot in volume for
every 1,000 square feet of disturbed area~ Dkect deposit, dropping, dumphng, erosion,
tracking, or other discharge by construction vehicles of materials shallnot occur in excess of
those that occur through natural processes from an und/sturbed ske. Any such discharges that
occur shall be prevented from entering water features or the City's stormwater system and
removed not later than the end of the day in which the discharge occurred, or as directed by
the City. During the wet weather season corrective action shall be taken knmediately for such
discharges.
1.4 Softs and stockpile areas shall not be exposed to precipitation or stormwater
runoff wSthout the provision of secondary comainment, perimeter comrols, and other
approved BMP's.
1.5 Earth slides, mudflows, earth sloughing, or other earth movement which may
leave the property, shall not occur/n excess of those that occur through natural processes on
an undisturbed site;
1.6 No discharge into the City's stormwater system or Related Natural Resource
Areas of construction related contarn/nants resulting from actMfies such as, but not limited
to, cleaning or wash/ng ofequipmem, tools, or vehicles, shall occur.
1.7 No hazardous substances, such as paints, thinners, fuels and other chemicals
shall be released onto the site, omo adjacent properties, or/nfo water features, the City's
stormwater system, or Related Natural Resource Areas.
1.8 A supply of mater/als necessary to meet the above outcomes and implement
the construction ske management plan and maintain approved best management erosion
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practices under all weather conditions shall be kept at all times on the construct/on site.
2. When designLng and implementing management BMP' s to meet the above outcomes,
the applicant shall consider the seasonal variation ofra/nfall, temperature, and other climatic factors
relative to the timing of land disturbance acfivities~ All construct/on activity that will result/n soil
disturbance during the wet weather season shall, at a minirnmr~ implement and maintain the following
Best Management Practices (BMP) on site:
2.1 Construction s/re entrances shall be graveled with crushed rock of sufficient
ske and grad'rog as necessary to prevent any off-site tracking.
2.2 All stormwater facilities, water features, and Related Nat-oral Resource Areas
shall be protected.
2.3 All exposed soil and stockpile areas not protected by perimeter control
consistent with an approved CSMP shall be covered.
2.4 Sediment, soil, or construction related material shall be removed immediately
fi:om the right-of-way, adjacent property, and the city's stormwater system, knctuding water
features and Related Natural Resource Areas.
3. No pertm't or other approval issued pursuant to these rules shall be deemed to
authorize any violation of the above outcomes or wet-weather requirements.
R-6.645--E Designation of Sensitive Areas.
1. Criteria for Sensitive Area Designation. For the purposes ofadm/nistering these
Rules, any construction s/re that meets one or more of the following criteria shall be considered a
sensitive area for which an erosion prevention permit will be required:
1.1 The slope of the parcel/n the area of disturbance is greaer than 10%;
1.2 The site contains highly erodible soils; or
1.3 The parcel or tax lot of record has the potential to directly drain into a water
feature or ks designated buffer area.
2. Determination of Sensitive Area. To assist with the administration of these
provisions, the City has prepared a map indicating sites that appear to meet the above criteria~ The
Public Work's Director~ or designee, shall use this map to make a prelim/nary determination of a
site's sensitive area status. The map is on file at the City's Public Works Engheering Department
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(858 Pearl Street) and Permit & Information Center (99 West 10th Avenue).
An appl/cant may challenge the Dkector's preliminm-y determination that a s/re/s a sensitive
area through subrn/ssion of actual field or site information that demonstrates that the determination
/s inconsistent with the crkeria in subsection 1 of this section.
If an applicant chooses not to contest the designation or is unable to satisfy the above criteria,
the site shall be considered a senskive area and an erosion prevention perm/t shall be required.
3. At}peal of desienatiom An applicant who disagrees with the Dkector's final
determination may appeal that decision within the t/me and manner prescribed in section R-6.645-
F. 11 of these Rules.
R-6.645-F Erosion Prevention Permits.
1. Permit Retmired. Except as otherwise provided in these rules or provisions of the
Eugene Code, 1971, no person shall commence any construction related activity without f~st
obtaining from the City an eros/on prevention permit if the construction related actMty wilt:
1.1 Disturb one or more acres of land at any one time by one or more phases of
development, and the disturbance is located on the same parcel of land or on contiguous
parcels of land that at the time the development application was subrrdtted was under the
same ownerstfip; or
1.2 Is located in a sensitive area as designated pursuant to R-6.645-E of these
rules.
2. Waiver of Erosion Prevention Permit. Notwithstanding anyother prov/sions of this
section, the following activities shall not requ/re an erosion prevention perrrdt~ However, under no
circumstances shall tiffs waiver be construed to mean that these act/v/ties are exempt from any of the
erosion prevention requirements ofthe Eugene Code, 1971 and these rules other than the requirement
to obtain an erosion prevention permit; the following acfiv/ties are subject to other provisions,
including but not limited to Outcome requirements in Section R-6.645-D of this Rule.
2.1 Construction activities involving the disturbance of less than 500 square feet
of land surface area, or which consist of the excavation and/or fill of less than 20 cubic yards
of material;
2.2 The issuance of perrrdts and/or approvals for land divisions, interior
improvements to an existing structure, or other approvals for which there is no physical
disturbance to the surface of the land; and
2.3 Annual landscape maintenance actMties on fully developed properties,
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necessary to maintain the existing developed landscape.
3. Permit Classifications A variety of permits may be issued to address different
circumstances. Regardless of permit type, the property owner or easement holder of record ks the
respons~le party for the perrrdt. If property ownersh/p changes be fore the permit is finalized, the new
property owner assumes the responsibility of the pen~t and any outstanding issues associated with
the permit. The following permits may be issued to meet the requirements of these rules pro~Aded
the associated elig~ty requirements are met:
3.1 Individual Permit. A property owner or easement holder of record may-
obtain a separate, individual permit for each construction activity on the same parcel of land.
For example, the individual permit allows a property owner to obta/n a perm/t for building
construction activities and a utility to obtain a separate permit for utility purposes.
3.2 Umbrella Permit. A property owner or easement holder ofrecord may obtain
an umbrella perm/t for multiple construction activities on the same parcel of land or
development ske that are proposed ha connection with a development, including site grading,
utility work, publ/c and private infrasm~cture, str,x:tures, and other site knprovements. All
construction activities and all phases of development that are addressed in the Construction
Site Management Plan are covered by this single umbrella permit.
3.3 Annual Permit. An annual permit may be issued for minor recurring activities.
The annual pem~t ks intended to provide a strea_ml/ned permit process for entities that perform
repetitive actMties such as routine maintenance of facilities on a frequent basis. This
provision allows one permit to be kssued for more than one project within a calendar year.
To qt~fy for an annual permit, the following criteria shall be met:
3.3.1 Construction activities are minor and recur on a frequent basks.
Examples include but are not limited to: ut~ty service connections and extensions,
repak of ut~ty and infrastructure facilities, maintaining capacity of storm drainage
fac/l/ties, etc.
3.3.2 Permits may be issued for a full calendar year, and shall expire on or
before December 31 of the year issued.
4. Aoplication. In addition to the payment of any required fees, an application for an
erosion prevention perrm't shall include a completed Construction Site Management Plan (except for
an Annual Permit, refer to Section R-6.645-F-7.4), prepared in accordance with Subsection 7 of this
Section, or a template prepared in accordance with subsection 7.3 and approved by the City.
5. InterdeDendent Permit Processing. The application and process/ng of other City
of Eugene permits, such as, but not limited to, grading, ut/lity cut perm/ts, tree removal, foundation
and building permits, are interdependent with the Erosion Prevention permit process. The City of
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Eugene shall not issue any of these other permits:
5.1 Until the City has issued, conducted a she haspection if necessary, and
approved a requ/red Erosion Prevention permit, unless the City has determined an Erosion
Prevention permit is not requked; or
5.2 If the property owner or appl/cant is in violation of an Erosion Prevention
perm/t, or any conditions conta/ned therein.
Notwithstanding the requirements in this subsection, the City Eng/neer may issue permits for
construction ofPrivately-Engineered Publ/c Improvements in accordance with provisions in Chapter
7 ofth~ Code prior to the approval of the ErosfonPrevention permit. No construction actMties shall
begin on the public improvements until the City approves the implemented erosion and sedimentation
measures.
6. Completeness Check. At the time of application submittal, the City shall conduct a
completeness check to determ/ne if the application meets all of the subrrdttal requkements. The City
shall not accept the application until all requirements have been met. After the application has been
accepted, the City may find after a more thorough review that the applicant submitted inadequate or
/naccurate informatior~ In that case, the City may require that certain additional information be
submitteck A complete application submittal includes:
Completed and signed application form;
6.2 Fee;
6.3 Construction Site Management Plan prepared by a certified professional,
except as provided/n subsections 7.3 and T4 of these rules.
7. Construction Site Management Plan. A Construction Site Management Plan
(CSMP) must be subm/tted with an application for Individual Permits and for Umbrella Permits. The
CSMP is necessary to identify potential water quality impacts associated with the proposed
construction actMty and to ensure that appropriate and effective techniques and methods are urged
to prevent and control erosion and sedimentation and other pollutants associated with construction
activities. The CSMP shall be prepared by a Certified Professional, unless the development/s one
single-family dwelling or one duplex dwelling. The CSMP shall outline the techniques and methods
to be used to achieve the requ/red outcomes including specific B MP's for wet:weather conditions,
describe conditions before and after development, and the proposed methods to prevent and control
water quality impacts during and after construction. The Certified Professional, as part of the CSMP
shall certify that ha his or her professional opinion, implementation of the CSMP will ensure
compliance with R-6.645-D. 1. The City shall review the CSMP prior to issuance of an erosion
prevention permit and may monitor the development thereafter for continued compliance.
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7.1 Individual Permit - CSMP Contents. Except as provided in subsection 7.3
below, the Construction Ske Management Plan for Individual Perm/ts shall/nclude, as
appropriate, the following:
7.1.1 Site location and vicirdty map.
7.1.2 A site development drawing at a standard/zed engineering or
arch/tectural scale, such as 1"= 40', containing the following: (a) Soil type.
(b) On-site elevations and surface drainage patterns.
(c) Contours, if the she is located/n a sensitive area.
(d) Existing vegetation type.
(e) Ex/sting and proposed drainage facilities including catch
basins, area drains, curb inlets, outfalls, manholes, etc.
(f) Ex/sting and proposed water quality or pre-treatment facilities.
(g) Water hod/es, wetlands, conservation areas, buffer areas,
natural resource areas.
(h) All areas where ground-disturbing activities are proh~ited.
7.1.3 All proposed BMP's needed to meet the outcomes/n Section 6.645-D
including but not limited to:
(a) All areas of disturbed ground or vegetation and methods of
covering, or methods ofpreventing/conta'ming erosion and sedimentation.
(b) BMP's for physically protect 'mg areas where grotmd-disturbing
activities are prohibited.
(c) Access points and haul routes for all vehicles
(d) Location and design of wheel wash areas
(e) Location and design of concrete wash areas
(f) Location of stockpiles and BMP's for preventing erosion or
sedknentation.
(g) Location of debris and garbage d/sposal or temporary storage
and BMP's for containment.
(h) Location, dimensions, and vegetation types for proposed
vegetative buffers.
(i) Protection of ex/sting storm drainage fac/lit/es and water
quality treatment facilities.
(j) Specifications for temporary and permanem stabilization of
cfisturbed areas.
(k) All other proposed Best Management Practices, measures, or
techn/ques to prevent and control erosion and sedknentation.
7.1.4 Identification of the person responsible for/mplememation of the
CSMP and maintenance of the BMP's, if not the property owner. For phased
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projects, a respons~le person must be identified for each phase.
7.1.5 A construction schedule,/ncluding identification of any work that will
be done during the wet:weather season (October 15 - April 30) and for that work, all
additional BMP's to be implemented to meet wet-weather requirements.
7.1.6 If any of the required information is to be provided by a contractor,
indicate on the CSMP that k is to be provided by others. The/nformation must be
submitted prior to approval of the permit.
7.2 UmbrellaPermit - CSMP Contents. The Construction Site Management Plan
for Umbrella Permits shall address all of the factors 1/sted in subsection 7.1 above, and shall
also include:
7.2.1 Identification of all construction activities or phases which w/ll be
covered by the permit.
7.2.2 A construction schedtde for each of the construction activities or
phases identifiec[
7.2.3 Idemification of any period covered by the permit when no
construction activity will be occurring, and the person that will be responsible for
maintaining the BMPs and providing for any needed site stabilization during the
periods of no construction.
7.3 Individual Residential Permit - Terrmlate. If the proposed construction is for
one single family dwelling, or one duplex dwelling, the property owner need not utilize the
services of a certified professional in the preparation of the Plar~ A template plan may be
submitted, and upon approval by the City it ~¢All serve to satisfy requirements for the single
family dwelling and duplex construction activities.
7.4 kamual Permit. If the proposed construction activity qualifies for an armnal
permit, preparation of a CSMP is not necessary. In lieu of a CSlVlP, the applicant shall
submit all of the following/nformation with the application:
7.4.1 Description of the scope of work and types of construction activities to
be performed.
7.4.2 Identification ofthe sites where construction activities will occur during
the life of the permit, ffknown at the time the application is submitted.
7.4.3 Description of the erosion, sedimentation, and construction site
management practices, including a description oferosionpreventionmaterials located
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at each site, to be employed during construction activities for meeting the
requirements of the Eugene Code, 1971 and these Rules and specifically addressing
BMP's to be implemented during wet-weather season~
7.4.4 Description ofthe training provided to applicant's crews or employees
on/mplementation of management practices to prevent sedimentation or erosion.
7.5 Ava/lab/lity. The approved Construction Site Management Plan and Template
shall be kept at the construction site and be ava/lable during on-site inspections.
8. Review Criteria and Approval. The City shallreview the ErosionPreventionPermit
application, including the Construction Site Management Plan, template, and such other documents
as may be submitted, and approve, approve with special conditions, or deny the permit application.
If the City finds that the construction related activities will result/n sed/mentation, vis~le or
measurable erosion, or will otherwise violate the cond/tions specified in R-6.645-D. 1., then the City
shall deny the perm/t, or approve the permit with special conditions. In the absence of such an
affirmative finding, the City shall approve the permit, w/th or without special conditions. Permit
approval shall not be effective until a site inspection has occurred and the permit is endorsed with the
approval of the site k~ector, which approval may include additional conditions/mposed as a result.
of the inspect/on.
9. Conditions. Every Erosion Prevention Permit shall include as conditions the
outcomes set forth in R-6.645-D of these rules, and any special conditions in~osed as a result of the
permit review and/or the site inspection.
10. Permit Duration. An approved erosion prevention permit shall remain/n effect for
the full per/od of construction activity as described in the CSMP or template (/.e., dry weather only,
wet weather only, or a combination of the two seasons). The permit may be extended for a period
of up to, but not to exceed, two years after completion of the construction activities if the City
Manager deternfines the extension is necessary to ensure the construct/on activity has stabilized/n
accordance with the outcomes listed/n these rules. If the CSMP subm/tted w/th the permit
application did not identify work that will be done dur/ng October 15 - April 30 and provide
additional BMPs addressing wet-weather requirements (in accordance with D-7.1.5 of this Rule) no
construction can occur during Octolx:r 15 - April 30 without the applicant first submitting the
information~
11. Al~peal. An applicant may appeal (a) the denial of a permit, (b) any conditions
/mposed on a perm/t, or (c) the designation of a site as a senskive area within the time and in the
manner prescribed in section 2.021 of the Eugene Code, 1971.
R-6.645-G Construction Site Control Measures and Design Standards.
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1. Construction Site Practices. In addition to compliance with specific requirements
contained in an approved permit, all pem~ttees shall establish and implement construction site
management practices that will prevent toxic materials and other debris from entering the City's storm
drainage and waterway systems. The following construction site practices are prohibited and
constitute a violation of these rules:
1.1 Improper storage of chemicals (pesticides, fertilizers, fuels, paints, thinners);
1.2 Improper disposal of construction waste material, garbage, rubbish, and
sanitary waste, plaster, dry-wall, grout, gypsum;
1.3 Failure to immediately clean up spills of toxic materials;
1.4 Washing excess concrete material or other construction related material into
a street, catch basin, or other pubhc facility, the City's stormwater system, private stormwater
drainage systems that discharge to the City's stormwater system, Related Natural Resource
Areas, or other protected area identified on the approved Construction Site Management
Plan;
t.5 Allowing construction vehicles to track or spill soil or debris into or onto a
street or public right of way; or
1.6 Ground disturbing activities or destruction of vegetation in protected areas.
1.7 Beginning construction activities without a valid permit or prior to initial site
inspection by city.
2. Prevention Measures and Design Standards. The City's Erosion Prevention and
Construction Site Management Practkes Manualmay be utilized to obtain ideas as to how to achieve
the outcomes mandated by R-6.645-D.1. The Manual is a gu/dance document only. Except as
provided in R-6.645-D, it is not necessary to utilize any of the specific best management practices
conta'med in the Manual, nor is the use of one or more of those best management practices a
guarantee that a permit will be issued. Each s/re and the proposed construction related activities need
to be examined to determine what measures are requked for that specific site.
R-6.645-H Enforcement.
1. Intervention. The primary focus of sections 6.625 to 6.645 of the Eugene Code,
1971 and these Rules is to achieve compliance with the outcomes specified in R-6.645-D andprevent
erosion and control stormwater impact, and the City will use the amount of enforcement necessary
to achieve compliance. Where poss~le the City will rely on education rather than enforcement. The
City Manager may provide educational programs or other informational materials that wi~ assist
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permittees/n meeting the desired erosion and sedimentation controls, and other construct/on site
management practices outcomes.
2. Stop Work Order. Whenever anyconstructionrelated actMtyis being done contrary
to and in violation of Sections 6.625 to 6.645 of the Eugene Code, 1971, these rules, or an erosion
prevention permit, the enforcement officer may order the construct/on related activity stopped by
notice in writing, posted on the premises, or served on the permittee. The permittee shall forthwith
stop such work until authorized by the enforcement officer to proceed.
3. Citation for Violation. Upon a determination that a person is violating Sections
6~625 to 6.645 of the Eugene Code, 1971 or these roles, a citation may be issued to the permittee to
appear in Municipal Court.
4. Administrative Compliance Order. The City may issue an Administrative
Compliance Order for any violation. The Order shall be in writing, specify the violation(s) and
require compliance measures. The order also may include a Notice of Imposition of Administrative
CMl Penalty Assessment for the violation.
5. Notice of Imposition of Administrative Civil Penalty. Ifa person fails to comply
with applicable provisions of the Eugene Code, 1971, these rules, an erosion prevention permit,
conditions/mposed thereon, or an administrative compliance order, the enforcement officer mayissue
to the person a Notice of Imposition of an adnfinistrative civil penalty pursuant to the provisions of
Section 2.018 of the Eugene Code, 1971.
6. Service.. Allnotices/orders Shall be served bypersonal service or sent by certified mail
and first class mail Any not/ce/order served by mail shall be deemed received for purposes of any
time computations hereunder, three days after the date mailed, if to an address within th/s state, and
seven days after the date mailed, if to an address without this state.
7. Penalties Not Exclusive. Any adm/nistrative civil penalty knposed pursuant to this
section shall be in addition to, and not in lieu of, any other penalty author/zed by Section 6.992 of the
Eugene Code, 1971, or any other action authorized by law.
8. Settlement of Administrative Civil Penalty Assessment. Upon receipt of Notice
of Administrative Civil Penalty Assessment, the violator may request a conference with the City
Manager or designee. The City Manager or designee may compromise or settle any-unpaid
administrative civil penalty assessment where authorized under Section 2.582 of the Eugene Code,
1971. A request under this paragraph shall not act as a stay, or othenvise affect the filing or
processing of an appeal under R-6.645-J.
R-6.645-I Determination of Amount of Civil Penalty.
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Notwithstanding the provisions of Admin/strative Rule R-2.018, the amount of the
administrative civil penalty to be assessed under Section H shall be &term/ned in accordance with
the following formula:
(a) The dollar amount of the assessment is calculated by multiplying the amount
of the BASE (subsection (b)) by the MULTIPLIER (subsection (c)) and multiplyhg that by
$20.00. That is:
Penalty = Base x Multiplier x $20
Penalty = H(V+C) x G x $20
Notwithstandhag th/s formula, the maximum assessment for a violation for a s/ngle day shall
be that established as the maximmn amount that may be assessed under Section 2.018 of the
Eugene Code, 1971 ha effect at the t/me the violation occurs.
(b) The BASE ks "H" multipl/ed by the sum of"V" plus "C" where:
1. "H" is the history of the actions and efforts undertaken by the
responsible party to correct the violation. The value of"H" sl~ be:
a~ 1, ffthe responsible party could not be contacted at the time
of the/ncident.
b. 1, if no action is possible to mitigate the situation.
c. 1, if the responsible party made a major effort to correct the
violation and minim/ze impacts with/n the t/me flame set by the enforcement
officer.
d. 2, if the responsible party made a minor effort to correct the
violation and minknize impacts w/thin the time fi.me set by the enforcement
officer, or when they became aware of the discharge causing the violation.
e. 2, if the responsible party made a major effort to correct the
violation and minim/ze impacts outside the time frame set bythe enforcement
officer, and/or only after repeated requests by the enforcement officer for
action.
£ 3, ff the responsible party made a minor effort to correct the
violation and ~e impacts outside the time frame set by the enforcement
officer, and/or only after repeated requests by the enforcement officer for
action
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g. 4, ffno clean-up action is undertaken by the respons~le party
aRer being made aware of the violation by federal, state, or local regulatory
agency personnel, or when they became aware of the discharge causing the
violation by any means.
h. 5, if the responsible party hindered clean-up efforts.
i. If the violator had knowledge that the discharge may enter the
publ/c system and failed to report or attempt to report the discharge to the
City of Eugene in a time frame that would allow for mitigation, even if
mitigation is not possible, a value of one maybe added to any of the values
detem~ed in section E, (b)(1)(a-h).
j. If a single violation can fall into more than one of the
categories in section E, (b)(1)(a-h), the value of"H" shall be the largest value
/n any of those categories.
2. "V" is the extem of violations of erosion or stormwater related
statutes, roles, orders, or perm/ts by a respons~le pa~. The value of"V" shall be
equal to the number of erosion or stormwater violations within the past 10 years
regardless of whether enforcement actions were pursued.
3. "C" is the level of care exercised by the respons~ble party. It is based
on whether the cause of the violation was an unavoidable accident, negligence, or a
reckless or intentional act. The value of"C" shall range from 1 to 4, and shall be:
1, if the violation was an unavoidable accident or was caused
by others. This category is used when the civil penalty is assessed either (a)
against aparty who is respons~le for the property, such as an owner, but who
was not physically in charge of the property when the violation occurred; or
(b) agaimt the party-who caused the violation but could not have reasonably
foreseen that a violation would occur.
b. 2 or 3, if the violation was caused by a responsible party's
negligence. Negligence is the fa/lure to exercise the care that a prudent
person would exercise under the ckcumstances. Tiffs category is used where
a party either caused a violation by carelessness or was negligent in taking the
necessary corrective or preventative steps to reduce the possibility of the
violation occurring.
c. 4, ffthe violation was due to reckless or intentional acts. A
reckless act is marked by a lack of proper caution, or carelessness of
consequences. An intentional act is an act done by/ntention or desigr~
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(c) The MULTIPLIER "G" is the factor for gravity and magnitude of the
violation. The value of"G" shall be determined and set at the time the enforcement officer
initiates compliance efforts. This value shall not be decreased iK after compliance efforts are
initiated, actions are taken to reduce the gravity ofthe situation. The value of"G" shallrange
fi:om 1 through 10 and shall be based on the following considerations:
1. The significance of the violation due to the quantity and/or type of
substance released.
2. The proxim/ty to the City's stormwater system and Related Natural
Resource Areas.
3. Weather Conditions, and the potential for dispersion of the released
substance.
4. The threat posed to life, public safety, property; or the environment.
5. The necessity for immediate action to capture the released substance,
prevent further dispersal of the released substance, or to prevent damage to property
and/or the envkonment.
A violation may rate a "G' value of 1 if there is no immediate or significant threat to
life, public safety, property, and/or the enviroment due to the quantity and/or type of
substance released; or ff there is low potential for further dispersion of a released substance
with ekher no or only minor potential consequences.
A violation may rate a "G' value of 10 if there is an mediate or significant threat
to life, publ/c safety, prope~, habitat, and/or the envkonment, and/or Related Natural
Resource Areas due to the quantity and/or type ofsubstance releaseck To protect bothpublic
and env/ronmemal health the situation cannot be tolerated and immediate actions are
necessary in order to capture and contain a released substance, prevent further dispersion of
a released substance, and/or prevent additional damage to life, property, and/or the
envkonment.
R-6.645-J Al~peals.
1. Stol~ Work Order, Administrative Civil Penaltv~ Administrative Compliance
Order. Any person to whom a Stop Work Order, Notice oflmposkion of an Adm/nistrative Civil
Penalty or Admin/strative Compliance Order is issued pursuant to these roles may appeal that
determination to the City Manager. A Stop Work Order or Administrative Compliance Order shall
be effective upon issuance, and shall continue in effect during the pendency of any appeal. The
notice of appeal must be in writing, and filed with the City Manager with/n 15 days from the date of
the Notice being appealed. The appeal shall state the name and address of the alypellant, the nature
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of the determination being appealed, the reason the determination is incorrect, and what the correct
determination of the appeal should be. Failure to file such a statement with/~n the time or in the
manner required waives the appellant's objections, and the appeal shall be dLqnissed. Unless the
appellant and City agree to a longer time period, the appeal shall be heard by ahearings official within
30 days of receipt of the notice of appeal. At least ten days prior to the hearing, the City shall rrmil
notice of the time and place of the hearing to the appellant. The hearings official shall hear and
determine the appeal on the basis of the appellant's written statement and any additional evidence
deemed appropriate. The appellant may present testimony and oral argument a~ the hearing either
personally or by counsel. The hear/rigs official shall issue a written decision w/thin ten days of the
date of the hearing. The decision of the hearings official is final, and may include a determination that
the appeal fee be refunded to the appellant upon a ~ding by the hearings official that the appeal was
not frivolous.
2. Avveal Fees. Appeals filed under this section shall be accompanied by an appeal fee
in an mount established by the Cky Manager pursuant to Section 2.020 of the Eugene Code, 1971.
Dated and effective this ~__ day of March, 2003.
· ~,~- ~ Ja3~s IL Carlson
.~ '-~ ' Ci~/y Manager pro rem
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