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Eugene Charter <br /> <br />of Eugene. <br />Nothing in this Section is intended to restrict or limit any other <br />enforcement remedies available, at law or in equity, arising out of the <br />same circumstances upon which an alleged violation of the Section may <br />be based. <br /> <br />Section 8.3 <br /> <br /> Citizen enforcement. <br />A. Any person may petition to the Toxics Board on her/his own behalf <br /> against a hazardous substance user or person for failure to comply with <br /> any of the terms of this Section. The Toxics Board shall set forth <br /> procedures by which persons may petition the Toxics Board. <br />B. The Toxics Board must issue a decision in response to a petition within 45 <br /> days of receiving the petition. If the Toxics Board fails to issue a decision <br /> within 45 days, the petition shall be deemed denied on the 45th day for the <br /> purpose of exhaustion of remedies and may be judicially reviewed <br /> pursuant to Section 8. i(B). <br />C. The petitioner must notify the Toxics Board and alleged violator ten days <br /> prior to seeking judicial review, except that such action may be brought <br /> immediately after such notification in the case of an action under this <br /> Section respecting an emergency posing a significant risk to the well- <br /> being of workers, people present in the community, or any species of fish <br /> or wildlife or plants. <br />D. No action may be commenced under paragraph A of this Section if the <br /> City of Eugene has commenced an action to impose a penalty pursuant to <br /> Section 8.2 and is pursuing a prompt resolution of that action. <br /> <br />Section 9 A. <br /> <br /> ARTICLE IX - EXCLUSIONS <br />Nothing in this Section is intended to apply to the government of the <br />United States or to the government of the State of Oregon, or to the <br />agencies or political subdivisions of either government. <br />Nothing in this Section is intended to restrict, impede, or otherwise <br />interfere with the exercise of rights guaranteed by the United States <br />Constitution or the Constitution of the State of Oregon. <br /> <br /> ARTICLE X - IMPLEMENTATION <br />Section 10 Insofar as it is reasonable and practicable to so assume, the provisions of this <br />Section are intended to be self-executing. In every other case, however, and any other provision <br />of the Eugene City Charter or the ordinances of the City of Eugene notwithstanding, the City <br />Council shall, upon recommendation of the Toxics Board and without unreasonable delay, enact <br />reasonable ordinances necessary and proper for carrying into execution the provisions of this <br />Section. <br /> <br />-23- 12/5/2002 <br /> <br /> <br />