Admin Order 52-00-04-F - Laserfiche WebLink

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Amendment IV, in that it establishes a reporting threshold of 0.1 grams for certain substances, while the Charter Amendment provides a minimum threshold of 0.022 pounds. Finding. Adoption of the Administrative Order is authorized by Section 3.696 of the Eugene Code, 1971 to implement Sections 3.690 to 3.696 of that Code. No provision of Amendment IV restricts the Council's authority to adopt and implement those sections. Therefore, no change is being made to the Rule as a result of this comment. Comment 2. Testimony received from Paula Holloway representing Willamette Valley Company, a business required to report under Amendment IV to the Eugene Charter of 1976, stated that: (1) the Administrative Order exceeds the City's authority under City Charter Amendment IV, in that it establishes a reporting threshold of 0.1 grams for certain substances, while the Charter Amendment provides a minimum threshold of 0.022 pounds; (2) the term "dioxin and dioxin-like compounds" is undefined; and (3) the Administrative Order should provide a concentration factor for polychlorinated biphenyls (PCBs) in oils. Findings. (1) The Finding in response to Comment 1 responds to this comment. (2) In lieu of the term "dioxin and dioxin-like compounds," specific chemicals in Section R-3.696-B of the Administrative Rule R-3.696 should be listed. (3) A concentration factor would not be consistent with the reporting requirements already in existence for those chemicals required to be reported. Instead, reporting and materials accounting thresholds are applied on the basis of weight of the reportable substance as ifit were in pure form. However, the term "oils" should be deleted from the text of the Administrative Order, and further, specific PCBs should be listed in Section R-3.696-C. Therefore, based upon the above findings, and the findings in Administrative Order No. 52- 00-04, I hereby adopt Hazardous Substances Reporting Requirements Administrative Rule R-3.696 as proposed in Administrative Order No. 52-00-04 and modified as reflected in the Findings to Comment 2, to provide as follows: HAZARDOUS SUBSTANCES REPORTING REQUIREMENTS ADMINISTRATIVE RULE R-3.696 R-3.696-A Purpose. This Rule implements the provisions of Amendment IV to the Eugene Charter of 197 6 (the "Amendment") and the Eugene Code, 1971 by adding chemicals to the list of substances required to be reported under the Amendment; establishing reporting thresholds and material accounting thresholds for each chemical added; and by changing previously established reporting thresholds and material accounting thresholds for certain chemicals already subject to the reporting requirements. R-3.696-B Addition of Reportable Chemicals under Amendment IV to the Eugene Charter of 1976 and Establishment of Reporting Thresholds and Material Accounting Thresholds. Based on the recommendation of the Toxics Board, the following chemicals are added to the Administrative Order - 2 c: \U ser\ TOXICS\aofinal. wpd