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<br />hazardous materials balance reports or trade secret chemical reports are not <br />being filed in compliance with this [:Act] Section. <br />F. The office of the City Fire Marshal shall audit the accuracy of the reporting <br />processes of each hazardous substance user in an order such that all <br />hazardous substance users are audited in a random order at least once every <br />three years. Companies to be audited shall be given an advance audit <br />notification of no more than one month. <br />G. The Toxics Board shall certify the qualifications of independent auditors who <br />will audit the precautions used by hazardous substance users with trade secret <br />chemicals and the technological options available for more protective <br />alternatives. Documentation for certification of the qualifications of each <br />auditor shall be public information. <br />H. For the purposes of complying with Section 5.2(A)(4), hazardous substance <br />users may hire only independent auditors certified by the Toxics Board <br />pursuant to Section 6.2(G). <br /> <br />Section 6.3 Responsibilities of the City Manager <br />The City Manager shall consult with the Toxics Board in order to jointly determine <br />the appropriate support services that shall be provided to the Toxics Board by City <br />employees for the implementation of this [:Act] Section. As set forth in Article <br />VII(A), the cost of these support services shall be paid by fees collected pursuant to <br />this [1\ct] Section. <br /> <br />Section 7 <br /> <br />D. <br /> <br />A. <br /> <br />ARTICLE VII - FEES <br />Each hazardous substance user shall pay an annual fee to the City of Eugene, <br />sufficient to jointly cover the implementation of this [:Act] Section, including <br />expenses incurred by the Eugene Public Library, Fire Marshal, City of <br />Eugene and the Toxics Board. <br />In order that this [Act] Section be self-supporting through hazardous <br />substance user fees, the fee amounts shall be recommended annually by the <br />Toxics Board and approved and amended as necessary by the Eugene City <br />Council. <br />All fees due under this [Act] Section shall be paid by May 1 of each calendar <br />year. <br />The operational budget for implementing this [Act] Section prior to the first <br />collection of fees as set forth in Article VII shall be paid for out of City of <br />Eugene general funds. The operational budget thereafter shall be funded <br />wholly by hazardous substance user fees. <br /> <br />B. <br /> <br />C. <br /> <br />ARTICLE VIII - ENFORCEMENT <br />Section 8.1 Toxics Board enforcement and judicial review <br />A. In the event of noncompliance, the Toxics Board shall have the authority to <br />enforce the reporting requirements of this [1\ct] Section and impose penalties <br />as set forth in Section 8.2. <br />B. Any person may appeal a Toxics Board decision to the Circuit Court of Lane <br /> <br />Exhibit A - 16 <br />