A.
The policies of this chapter will apply during construction and until permanent measures are in place following construction as described herein, unless otherwise noted.
B.
Temporary and permanent measures for all construction projects will be required to lessen the adverse effects of erosion and sedimentation. The owner or his or her/her agent, contractor, or employee, must properly install, operate, and maintain both temporary and permanent works as provided in this section or in an approved plan, to protect the environment during the useful life of the project. These erosion control rules apply to all lands within the City of Milwaukie.
C.
Nothing in this chapter will relieve any person from the obligation to comply with the regulations or permits of any federal, State, or local authority.
D.
Maintenance and repair of existing facilities is the responsibility of the owner of record.
E.
Erosion, sedimentation, and other pollutants reaching the public storm and/or surface water system resulting from development, construction, grading, filling, excavating, clearing, and any other activity that accelerates erosion must be prevented.
F.
No visible or measurable erosion will leave the property during construction or during activity described in subsection E above. The owner of the property, together with any person who causes such action from which the visible or measurable erosion occurs, is responsible for clean up, fines, and damages. Clean up responsibilities include clean up of creeks, drainage ways, or wetlands impacted by a project. For the purposes of this chapter "visible and measurable erosion" includes, but is not limited to:
1.
Deposits of mud, dirt, sediment, or similar material exceeding one-half cubic foot in volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping, discharge, or as a result of the action of erosion;
2.
Evidence of concentrated flows of water over bare soils; turbid or sediment-laden flows; or evidence of on-site erosion such as rivulets or bare soil slopes, where the flow of water is not filtered or captured on the site; and/or
3.
Earth slides, mud flows, earth sloughing, or other earth movement that results in material leaving the property.
G.
Dust and other particulate matters containing pollutants can settle on property and be carried to waters of the state through rainfall or other means. Dust must be minimized to the extent practicable, utilizing all measures necessary, including, but not limited to:
(Ord. 1899 § 1, 2002; Ord. 2246, 11/19/2024)