Ordinance No. 20518 - Laserfiche WebLink

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Process for Exemptions In compliance with ORS 453.370 the City has established the following procedure for exemption from all or part of the Toxics Right -to -Know Program: A. If a facility believes that it has evidence that its operations pose little or no risk to the public health or the environment, the facility may request an exemption from all or part of the material balance report requirement by submitting an Exemption Request form provided by the Toxics Board. B. A facility requesting an exemption must specify from what reporting requirements it is seeking an exemption. A facility may not seek an exemption from a requirement to pay a fee. C. An Exemption Request form must be accompanied by a report prepared by an independent public health or environmental consultant that demonstrates that the facility's operations pose little or no risk to the public health or the environment. D. The facility must submit a non - refundable filing fee of $150. The facility shall be assessed an additional fee to cover the City's cost of hiring a nationally certified toxicologist to review the report submitted by the facility. Prior to the toxicologist commencing review of the submitted report, the facility will be provided a fee estimate. Within thirty (30) days of receiving the estimate, the facility shall notify the City whether it wants to proceed with the report review or withdraw from the exemption process. E. Within sixty (60) days of receiving a facility's notification that it wants the toxicologist to commence review of its submitted report, the Toxics Board will meet to consider the facility's exemption request. At that meeting a representative of the facility will have an opportunity to speak to the Toxics Board regarding the requested exemption. Those wishing to speak in opposition or in favor of the request may also speak at this meeting. F. An exemption request may be denied, granted in whole, or granted in part. G. An exemption shall not be granted (in whole or part) unless the facility establishes by clear and convincing evidence that its operations and use of hazardous substance(s) do not pose a risk to the public health or the environment. H. Six out of the seven Toxics Board members must vote in favor of exempting the facility in order for the facility to be exempted from all or part of the reporting requirements. I. The Toxics Board shall render a decision on the facility's requested exemption within twenty (20) days of the meeting at which the request was considered. The decision of the Toxics Board is final. -8-