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<br />Exhibit A - 12 <br /> <br />Insecticide, Fungicide and Rodenticide Act (FIFRA; 7 USC <br />136 et seq.); <br />(e) U.S. Environmental Protection Agency List 1 Inert <br />Ingredients of Pesticides ("Inerts of Toxicological Concern"), <br />pursuant to the Federal Insecticide, Fungicide and <br />Rodenticide Act (FIFRA; 7 USC 136 et seq.); <br />(f) Section 102 of the Comprehensive Environmental Response, <br />Compensation, and Liability Act (CERCLA); 42 USC 9602; <br />(g) Section 3001 of the Resource Conservation and Recovery Act <br />(RCRA; 42 USC 6921) and chemicals listed at 40 CFR <br />261.33 (e) and Appendix VIII. <br />2. any substance which, if it were in a container, would possess the <br />characteristics of a hazardous waste, as defined in 40 CFR 261.20 <br />through g261.24, authorized by RCRA; <br />3. radioactive waste and material as defined in ORS 469.300 and <br />radioactive substance as defined in ORS 453.005; <br />4. any substance, regardless of quantity, required to be reported pursuant <br />to Section 313 of the Emergency Planning and Community Right-to- <br />Know Act (EPCRA); 42 USC 11002; or <br />5. [any substances added, subsequent to the GffeGti vC datG ofthi~ AGt, to <br />tIIC lists dcscribed in ArtIcIG III(U)(I) and III(U)(4) of tIli~ Act.] If a <br />substance is added to or removed from the lists described in Article <br />Ill, Section 3 E.l. or E.4. of this Section, the Toxics Board may <br />recommend to the city council that the substance be added to or <br />removed from the definition of "hazardous substance" in this <br />Section. The council may remove a substance from the definition <br />only if the Toxics Board has recommended its removal. <br />F. "Hazardous substance user" means: the owner and/or operator of a <br />commercial or public facility that is stationary within the boundaries of the <br />City of Eugene and that: <br />1. has a total input of more than 2,640 pounds of hazardous substances <br />during a calendar year; <br />2. employs ten or more full-time equivalent employees; <br />3. is not exempted pursuant to Section 2 .2. <br />G. "Input" means the sum of the following categories of each hazardous <br />substance: <br />1. inventory at the facility at the beginning of the accounting period; <br />2. waste stored at the facility at the beginning of the accounting period; <br />3. quantity produced at the facility; and <br />4. quantity brought to the facility. <br />H. "Materials balance" means an accounting of the flow of indi vidual hazardous <br />substances into a facility, through its processes, and into its products and <br />wastes such that inputs equal outputs of each hazardous substance to the <br />accuracy of the smallest accounting units (Article III(K)) for each hazardous <br />or extremely hazardous substance. <br />