Item B - Toxics Program Fees - Laserfiche WebLink

Home Browse Search

ATTACHMENT A ORDINANCE NO. AN ORDINANCE CONCERNING HAZARDOUS SUBSTANCES USER FEES; AMENDING SECTIONS 3.692 AND 3.694 OF THE EUGENE CODE, 1971; AND ADDING SECTION 3.695 TO THAT CODE. The City Council of the City of Eugene finds that: A. Amendment IV to the Eugene Charter of 2002 was adopted at the general election on November 5, 1996 (the "Amendment"). The Amendment provides in part that hazardous substance users in Eugene shall file an annual materials balance report that lists inputs and outputs of all hazardous substances obtained, used or generated and that hazardous substance users shall pay an annual fee to Eugene sufficient to jointly cover the implementation of the Amendment. B. As a result of the Court's decision in Advocates for Effective Regulation, et al. v. City of Eugene, 160 Or App 292 (1999), the City adopted Eugene Code provisions 3.690 - 3.696. These provisions separated the reporting requirement from the fee requirement. To comply with ORS 453.402(6), as interpreted by the court, the requirement to pay the fee is not dependent on the quantity (above zero) of hazardous substances used. Currently, facilities that fall within the Code's definition of "hazardous substance user" must pay the user fee. Facilities that fall within the Amendment's definition of "hazardous substance user" must also submit the materials balance report. The fee schedule adopted in the aftermath of the court ruling assesses a facility a hazardous substance user fee if it uses any amount of hazardous substance (i.e., above zero), employs more than 10 FTEs and is within a specific SIC code. The fee assessed is based on the number of full time employees (FTEs) employed at the facility. C. On July 1, 2003, amendments to ORS 453.370(2) took effect. The amended statutory provision provides that fees for a local right-to-know program such as the City's program may not exceed $2,000 for any single facility in any calendar year. Thus, pursuant to amended ORS 453.370(2)(b), the City cannot adopt a fee schedule that imposes a fee of more than $2,000 for any single facility in any calendar year. In accordance with ORS 453.370(2)(b), the City's current fee schedule does not impose a fee of more than $2,000 for any single facility. D. Currently, the fee to be paid by hazardous substance users within the City is $31.65 per FTE (not to exceed $2,000). With the fee capped at $2,000, the cost per FTE must be set higher in order to fund the Program. The court requirement that the fee not be quantity based and the statutory mandate that the fee be capped at $2,000 creates a variety of perceived inequities. E. On March 10, 2004 the Eugene City Council asked that the Toxics Board return to Council a "proposal to address the fee inequity and concerns caused by Ordinance- 1