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ORDINANCE NO. 20306 <br /> <br />~ ORDIN~CE ADOPTING THE 2004 HAZARDOUS SUBSTANCE <br />T1L&C~NG INSTRUCTIONS FOR REPORTS DUE APRiL lr 2005 <br /> <br />The City Conncil of the City of Eugene finds that: <br /> <br /> A. Amendment IV to the Eugene Charter of 2002 was adopted at the general election on <br />November 5, 1996 (the "Amendment"). The Amendment provides in part that hazardous substance <br />users in Eugene shall file an annual materials balance report that lists inputs and outputs of all <br />hazardous substances obtained, used or generated. By Ordinance No. 20112 adopted by the Cmmcil <br />and approved by the Mayor on April 6, 1998, by Ordinance No. 20137 adopted by the Council and <br />approved by the Mayor on December 7, 1998, by Ordinance No. 20188 adopted by the Council and <br />approved by the Mayor on February 28, 2000, and by Ordinance No. 20223 adopted by the Council <br />and approved by the M<¥or on February 26, 2001, the City Council adopted the 1998, 1999, 2000 <br />and 2001 Hazardous S[/bstance Reporting Forms and Instructions ("Ir~structions"), respectively. <br /> <br /> B. No substantive changes to the Hazardous Substance Reporting Forms and hastmctions <br />were made in 2002 or 2003, thus the Hazardous Substance Reporting Forms and Instructions adopted <br />by Ordinance No. 20223 continued in effect for reports due April 1, 2003, and April 1, 2004. <br /> <br /> C, The Toxics Board has reviewed the 1998, 1999, 2000, 2001 ~nstructions and <br />developed the 2004 Hazardous Substance Tracking Instructions fbr reports due April 1, 2005° The <br />2©04 ~strucfions and the 2001 Instructions are substantially the same, except that the 2004 <br />Instructions contain an exemption procedure and a list of reporting recommendations. The <br />exemption process was added to comply with ORS 453.370(8) which requires that local <br />gove~ents with a right to know regulatory program establish procedures to exempt, when <br />reasonable, an entity from all or part of the local program where the local government dete~nines the <br />operations of the entity pose little or no risk to the public health or the environment~ <br /> <br /> D. Like the Instructions for prior years, the 2004 Instructions include numerous <br />provisions that describe provisions of the Amendment, give interpretations of the 3~nendment, and <br />include provisions that are necessary to implement the )~nendment in a practicable mariner but <br />which are not expressly contained in the Amendment. The Toxics Board has recommended that the <br />Council adopt the 2004 Instructions. <br /> <br /> The Council approves the 2004 Instructions as being consistent with the terms and <br />intent of the Amendment and ORS 453.370 adopted by the Oregon Legislature in the 1999 <br />legislative session. The Council intends by this ordinance to adopt the 2004 Instructions as binding <br />on those persons covered by its terms. <br /> <br />The Council adopts this ordinance pursuant to its authority under both section 4 of the <br /> <br />Ordinance- 1 <br /> <br /> <br />