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Section 8.1 <br /> <br />Section 8.2 <br /> <br />Eugene Charter <br /> <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 />Toxics <br />A. <br /> <br /> ARTICLE VIII - ENFORCEMENT <br />Board enforcement and judicial review <br />In the event of noncompliance, the Toxics Board shall have the authority <br />to enforce the reporting requirements of this Section and impose penalties <br />as set forth in Section 8.2. <br />Any person may appeal a Toxics Board decision to the Circuit Court of <br />Lane County, pursuant to the procedures providing for a writ of review <br />(ORS 34.010) or a writ of mandamus (ORS 34.105). <br /> <br />Penalties <br />A. Any hazardous substance user or person who violates this Section shall be <br /> subject to a penalty not less than $250 per day and not greater than the <br /> maximum penalty allowed by state law. <br />B. Each day that a violation continues shall be considered a separate violation <br /> subject to civil penalties. A violation occurs when a regulated entity fails <br /> to file a complete and correct report on or before the day the filing of a <br /> report is required. <br />C. In determining the appropriate amount of the penalty, the following shall <br /> by considered: <br /> 1. the likelihood at the time of the noncompliance that harm would <br /> arise from the violator's noncompliance; <br /> 2. the degree of the violator's awareness of that likelihood; <br /> 3. the profits reasonably related to the violator's non-compliance; <br /> 4. the duration of the non-compliance and any concealment of it; <br /> 5. the attitude and conduct of the violator upon discovery of the <br /> concealment; <br /> 6. the number of previous violations by the specific violator of this <br /> Section; <br /> 7. the financial condition of the violator; <br /> 8. the total deterrent effect upon the specific violator at issue and <br /> other potential violators; and <br /> 9. other penalties paid by the specific violator for the specific <br /> violations at issue. <br />D. Any penalties imposed under this Section or Section 8.3 shall be paid to <br /> the City of Eugene for use in implementing this Section. <br />E. If a hazardous substance user repeatedly violates this Section in a fashion <br /> contrary to the public interest, the City Manager shall order that hazardous <br /> substance user to cease and desist using hazardous substances in the City <br /> <br />-22- 12/5/2002 <br /> <br /> <br />