Item 5 - PH/Toxics RTK Fees - Laserfiche WebLink

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legislative actions and court decisions, while preserving the general intent of the voters in adopting the program." In response to the Council's motion the Toxics Board has recommended that the definition of "hazardous substance user" be revised to reduce the FTE threshold from 10 FTEs to "more than 2 FTEs" and that the definition be expanded to include additional facilities. By expanding the definition of hazardous substance user to encompass more facilities, the cost to fund the program will be dispersed among a greater number of facilities, thereby addressing the perceived inequities of the current fee structure. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The definition of "Hazardous substance user" in Section 3.692 of the Eugene Code, 1971 is amended, and a new definition of "NAICS" is added thereto, to provide: 3.692 Hazardous Substances User Fee- Definitions. Notwithstanding any definitions contained in the amendment, as used in sections 3.690 through 3.696 of this code, the following words and phrases mean: Hazardous substance user. Any business that operates a stationary facility within the city limits of Eugene that: (a) ,,r~oo,,.,., ! 0 .., ......,, ,.., ... ,~-r~°'], ._.., Has more than 2 FTEs; and, (b) Has an NAICS or SIC code of any the following and falls within the parenthetical descriptions provided herein: NAICS 23816/SIC 1761 (roofing contractors), NAICS 23832/SIC 1721 (painting and wall covering contractors), NAICS 447/SIC 5541 (gasoline stations), NAICS 71394/SIC 7991&7997 (fitness and recreations sports centers operating a spa and/or pool), NAICS 72111/SIC 7011 (hotels and motels operating a spa and/or pool), NAICS 81112/SIC 7532 (automotive body, paint, interior and glass repair), NAICS 81222/SIC 7261 (crematories), NAICS 81232/SIC 7216 (dry-cleaning and laundry services, except coin-operated), and NAICS 81292/SIC 7484 (photofinishing, except one-hour) and uses any quantity of hazardous substance; or, (b) Has a SIC code between 2000 and 3999 inclusive[~] and uses [(c-~] any quantity of hazardous substances [6:~aeve-ze¢~] in its manufacturing processes. NAICS. North American Industry Classification system categories as listed in the 2002 North American Industry Classification System Manual. Section 2. Section 3.694 of the Eugene Code, 1971 is amended to provide: 3.694 Hazardous Substances User Fee - Imposed. A fee is hereby imposed upon hazardous substance users. The fee shall be an amount per FTE and shall be paid annually no later than May 1 of each year [, Ordinance - 2