Item B - Toxics Program Fees - Laserfiche WebLink

Home Browse Search

early 1990s, the City revised collection rates to cover service costs and set licensing fees to support related City administration and recycling and waste prevention programs. The proposed toxics program fee departs from that Council-established policy direction." The surcharge could be established by administrative order of the City Manager. That process includes a public comment period. Should the administrative order ultimately be executed, then, as licensees to the City, solid waste haulers operating in Eugene would be required to add the surcharge to their collection bills and remit that increment to the City. RELATED CITY POLICIES A number of City policies are germane to this issue. The Toxics Program itself was enacted by amendment to the City Charter in 1996. Previous City Councils have remained as faithful as possible to the original intent of the voters in enacting the amendment, even as litigation and legislation made this increasingly difficult. (The $2,000 cap is one example. In 1999, the Oregon Court of Appeals ruled that the City's quantity threshold for requiring fees in and of itself constitutes an impermissible assessment of fees based on quantity. This judgment caused the City to add about 30 businesses to the program which were and still are required to pay fees but not to file hazardous substance reports.) The 2003- 2004 City Council Goals call for a safe community (to which, many would say, the Toxics Program contributes) and for fair, stable, and adequate financial resources. Finally, the City's 2005 Legislative Policies include support for legislative remedies to local Toxics Program fee problems stemming from State law. COUNCIL OPTIONS Although this is a work session only, general council direction is requested at this time. Ultimately, the council's options are: 1. Enact ordinance adding businesses to the program. 2. Direct City Manager to impose commercial solid waste hauling surcharge. 3. Pursue legislative remedy. 4. Any two of the above. 5. All three of the above. 6. None of the above. Continue with current fee structure. Possibly refer the matter back to the Toxics Board for additional recommendations. 7. Provide other direction. CITY MANAGER'S RECOMMENDATION Option 3, pursue legislative remedy, is recommended. This is seen as the most direct and effective solution available to the City. Intergovernmental Relations staff has indicated that such a solution might be forthcoming in this year's session. Legislators willing to introduce remedy legislation have been identified in both chambers of the Oregon Legislature. As the City works toward a legislative solution, Toxics billing could be postponed. If the cap is repealed, then staff will make a Toxics fee recommendation based on the pre-cap fee structure. If there is no repeal, the other options above remain available, or the City could repeat the 2004 scenario. Under this recommendation, unless the Legislature proceeds with alacrity, billing will occur later than the Charter-provided May 1 payment due date. L:\CMO\2005 Council Agendas\M050110\S050110B.doc