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Admin Order 52-17-03-F
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Admin Order 52-17-03-F
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11/21/2017 4:02:20 PM
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11/21/2017 3:57:41 PM
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Board as to the occurrence or nonoccurrence of a violation, the circumstances surrounding a <br />violation, and the amount of a penalty, if any, that should be imposed. The Toxics Board may <br />ask a hearings official, City staff member, or the City Attorney to preside at the hearing and to <br />advise the Toxics Board as the Toxics Board deems appropriate. Prior to any hearing on a <br />penalty, the Toxics Board shall provide to the business, and to any person who the Toxics Board <br />knows is interested in the matter, notice of the specific procedures that it will follow at the <br />hearing. The decision of the Toxics Board shall be final, except that under Section 8. LB of the <br />law, any person may appeal the decision to the Circuit Court for Lane County. <br />Audits <br />Toxics Program staff will audit every reporting business at least once every three years. The <br />charter amendment provides for advance audit notification of no more than one month. For <br />reporting businesses that have previously been inspected by program staff, the audit consists of a <br />review of all data reported since the previous audit, followed by written notification of questions <br />and/or required corrections. A business is given 30 days to respond to an audit letter. Failure to <br />respond in a timely fashion may be considered a violation of the City Charter (see Appendix A, <br />Article VIII). There is no penalty for an initial violation, but such violation will be recorded. <br />Penalties are provided for subsequent violations. <br />In the case of a business that has not been physically inspected, the audit shall consist of such <br />inspection followed by a written report of any observations made during the inspection and/or in <br />a review of the data reported. Again, the business will be given 30 days to respond to the written <br />audit report. <br />Businesses that are suspected of being required to report but have not filed a report may be <br />audited at any time with 24 hours' notice and during regular business hours. <br />Richt to Dispute an Audit Finding <br />If a business believes an audit finding is incorrect, or a recommendation made by the Toxics <br />Program staff for a change in reporting method is incorrect or inadvisable, the business may <br />appeal that recommendation to the Toxics Board, stating the reasons for the appeal. The Toxics <br />Board's decision stands, except that under Section 8. LB of the law, any person may appeal the <br />decision to the Circuit Court for Lane County. <br />Supplying of Forms/Directions/Updates <br />At the end of the reporting year, instructions necessary to complete the reporting process for the <br />current year will be sent to businesses required to report. The Toxic Right -to -Know Program's <br />Hazardous Substance Tracking Instructions handbook is available in printed and other forms <br />upon request by contacting Toxics Program staff at 541-682-7118, and is also available at the <br />Eugene Public Library. <br />-27- <br />
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