Admin Order 52-17-03-F - Laserfiche WebLink

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Process for ReportingExemptions In compliance with ORS 453.370(8) the City has established the following procedure for exemption from all or part of reporting under the Eugene Toxics Right -to -Know Program, where the Toxics Board determines the operations of an entity pose little or no risk to public health or the environment. A. If a facility believes that it can demonstrate that its operations pose little or no risk to public health or the environment, the facility may request an exemption from all or part of the material balance report requirement by submitting a Reporting Exemption Request Form provided by the Toxics Board. The Reporting Exemption Request Form is due to the City of Eugene by July 31 St, prior to the first calendar year the exemption is being requested for, and the exemption will be valid for three (3) calendar years (January 1St through December 31St) after approval by the Toxics Board. B. A facility requesting an exemption must specify from the reporting requirements for which it is seeking an exemption. The facility may request an exemption from all (below input threshold of 2,640 pounds) or part (below individual materials balance threshold or other) of the material balance report requirement. However, a facility may not seek an exemption from the requirement to pay the annual program fee in accordance with provisions of Section 54, Article V1 I of the Eugene City Charter and Section 3.694 of the City Code. C. A Reporting Exemption Request Form must be accompanied by a report prepared by an independent, certified professional, that demonstrates that the facility's operations pose little or no risk to public health or the environment. Examples of an independent, certified professional include an environmental consultant, an industrial hygienist, or a toxicologist. D. In addition to submitting a Reporting Exemption Request Form, the facility must submit a non-refundable filing fee of $150.00. This fee is due and payable the first time a facility requests an exemption (the filing fee is not required for an amended application or subsequent renewals). The facility shall be assessed an additional fee (for a maximum cost of $500.00) to cover the City's cost of hiring an independent, certified professional. to review the report submitted by the facility. Prior to the City's independent, certified professional commencing review of the submitted report, the City will provide the facility with a fee estimate. Within thirty (30) days of receiving the estimate, the facility shall notify the City whether it wants to proceed with the report review or withdraw from the exemption process. E. Within one hundred twenty (120) days after the City has completed its review of the Reporting Exemption Request Form, the Toxics Board will consider the facility's exemption request at a Board meeting. At that meeting a representative of the facility will have an opportunity to speak with the Toxics Board regarding the requested exemption. Because these are public meetings, those wishing to speak in opposition or in favor of the request may also speak at this meeting. F. At the discretion of the Toxics Board, a reporting exemption request may be denied or -8-