ADMINISTRATIVE ORDER N0.58-03-O1-F <br />of the <br />~~ ~ City Manager pro tem of the City of Eugene <br />AMENDMENT OF .EROSION PREVENTION AND <br />CONSTRUCTION SITE MANAGEMENT PRACTICES <br />ADMINISTRATIVE RULE 6.645; .AND REPEAL OF <br />ADMINISTRATIVE ORDER NO. 5&QO-26-F <br />The City Manager pro tem of the City of Eugene finds that: <br />A. ~ Sections 2.019 and 6.645 ofthe Eugene Code, 1971, authorize the. CiryManager to <br />adopt rules deemed necessary for the administration and enforcement ofthe provisions ofthe Eugene <br />Code, 1971. . <br />~. Pursuant to that authority and based on the findings contained inAdministrative Order <br />No. 58=03=01 issued on January 15, 2003, I proposed the amendment ofthe Erosion Prevention and <br />Construction Site Management Practices Administrative Rule and repeat ofAdmipistrative Order No. <br />58-00-26-F. <br />~ .. <br />C: Notice of the ~ proposed amendment was given by making copies available to any <br />person who had requested such notice and by publication for five consecutive days in the Register <br />Guard, a newspaper of general circulation within the City, on January 19, 20, 21, 22 and 23, 2003. <br />Notice provided that written comments would be received for a period of 15 days from the date of <br />the fast publication • Two comments were xeceived to which I make the following findings: <br />Comment l : The definitionof`~VlaximumExtent Practicable" provides that apractice <br />or action shall be considered "cost-effective" so long as the cost is less than or equal to $1.50 <br />per square foot of disturbed area. Costs to be considered include implementation and <br />maintenanceofconstructionsitemanagementrneasures. Costsnotconsideredinclude: design <br />preparation, preparation of construction site management plan/template; actions taken to <br />correct violations, including any civil penalties unposed, and permanent landscaping and <br />associated fees. Why shouldn't design and processing costs be included in the per square foot <br />cost? <br />Findin :The revised definition of `2Viaximum Extent Practicable" removed permit <br />fees from the costs that will be considered cost-effective in order to focus on the <br />implementation and maintenance. ofBMPs. Design preparation, preparation of construction <br />site management plan/template, actions taken to correct violations, including any civil <br />penalties imposed, and permanent landscaping and associated fees, have never been included <br />in the $1.50 calculation The $1.50 per square foot of disturbed area is to represent the <br />effective implementation which is strictly material and installation costs to protect a site. No <br />changes were made to this rule as a result of this comment. <br />Administrative Rule - 1 <br />C:\1'r:MYW3N;ivsicmt'~ev Zau.wpd <br />