Stormwater Enforcement: Oregon Department of Environmental Quality Proposed Order Addressing Portland Metal Services Center

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Oregon Department of Environmental Quality (“ODEQ”) issued a July 11th Notice of Penalty Assessment and Order (“Order”) to I.S.S.C. Incorporated, dba Oregon Metal Services (“OMS”) addressing alleged violations of a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) General Permit. See case No. WQ/SW-NWR-2022-634.

The Order addresses a metal services center located in Portland, Oregon.

OMS is stated to have obtained coverage pursuant to a transfer from another entity on February 4, 2022, of a NPDES Industrial Stormwater General Permit (“Permit”) for stormwater discharges. Schedule A, Condition A.9.e of the Permit is stated to require permit registrants to revise the Stormwater Pollution Control Plan (“SWPCP”) when directed to do so by ODEQ or its agent.

The City of Portland Bureau of Environmental Services is stated to have sent a Warning Letter to OMS on June 23, 2022, requiring a revised SWPCP. A subsequent Warning Letter is stated to have been sent.

OMS is stated to have submitted a revised SWPCP as requested on June 22, 2023.

The Order alleges that OMS has violated ORS 468B.025(2) and Schedule A, Condition 9.e of the Permit by failing to revise and submit its SWPCP as previously described.

The Order assesses a civil penalty of $4,200.00.

The Order provides certain appeal rights.

A copy of the Order can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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