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<br />n <br />'.11. <br />t <br /> <br />'! . <br /> <br />1. Three members shall be ap'pointed who are employed by or are <br />agents of "persons" required to report under this Act. <br />2. Three members shall be appointed who are not employed by or are <br />not agents of "persons" required to report under this Act, and who <br />have a demonstrable record of advocating for the public's right-to- <br />know. <br />3. One member shall be nominated by a two-thirds majority of the six <br />appointed members. <br />B. . The Toxics Board shall be appointed within two months of passage of this <br />Act, and any vacancies shall be filled, so as to maintain the balance set <br />forth in Section 6.1 (A), within two months of the creation of a vacancy. <br />C. The term of office shall be three years, except that two members, one <br />from Section 6.1 (A)(1) and one from Section 6.1 (A)(2), of the first Toxics <br />Board shall be appointed to serve a first term of one year; three members, <br />one each from Section 6.1 (A)(1), 6.1 (A)(2) and 6.1 (A)(3) shall be <br />appointed to serve a first term of two years; and two members, one from <br />Section 6.1 (A)(1) and 6.1 (A)(2), shall be appointed to serve a first term of <br />three years. No member shall serve more than two consecutive terms. <br /> <br />n <br /> <br />[1 <br />fl <br />I <br /> <br />, 1 <br />1 J <br /> <br />fl <br />i j <br /> <br />'" ., <br />{ <br />1 <br /> <br />Section 6.2 Responsibilities of the T oxics Board <br />A. The Toxics Board shall, within three months of appointment of the sixth <br />member, supply forms for materials balance reports and audits of <br />precautions taken during use and alternatives to use of chemicals for <br />which the trade secrecy reporting exemption has been invoked. <br />B. The Toxics Board shall annually: <br />1. recommend the fee structure necessary to implement this Act; <br />2. establish the qualifications necessary for a person to independently <br />audit precautions used with trade secret chemicals, and <br />independently audit the existence of technological alternatives that <br />likely would be more protective of the environment, as required in <br />Section 5.2(A)(4); and <br />3. file a public report on the effectiveness of implementation of this <br />Act, and any recommendations for improved implementation of this <br />Act. <br />C. By May 1 of each year, the Toxics Board shall report to the Fire Marshal <br />the names of any hazardous users in non-compliance with the <br />requirement to file materials balance reports. <br />D. The T oxics Board shall cause to be published a notice listing the names of <br />non-complying entities in a daily newspaper with general circulation in the <br />city of Eugene by June 1 of each year. <br />E. The office of the City Fire Marshal shall investigate all credible <br />evidence that hazardous materials balance reports or trade secret <br />chemical reports are not being filed in compliance with this Act. <br />F. The office of the City Fire Marshal shall audit the accuracy of the <br />reporting processes of each hazardous substance user in an order <br />such that all hazardous substance users are audited in a random <br />order at least once every three years. Companies to be audited shall <br /> <br />A-5 <br />