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B. The Toxics Board shall annually: <br />1. recommend the fee structure necessary to implement this Section; <br />2. establish the qualifications necessary for a person to independently audit <br />precautions used with trade secret chemicals, and independently audit the <br />existence of technological alternatives that likely would be more <br />protective of the environment, as required in Section 5.2(A)(4); and <br />3. file a public report on the effectiveness of implementation of this Section, <br />and any recommendations for improved implementation of this Section. <br />C. By May 1 of each year, the Toxics Board shall report to the Fire Marshal the <br />names of any hazardous users in non-compliance with the requirement to file <br />materials balance reports. <br />D. The Toxics Board shall cause to be published a notice listing the names of non- <br />complying entities in a daily newspaper with general circulation in the city of <br />Eugene by June 1 of each year. <br />E. The office of the City Fire Marshal shall investigate all credible evidence that <br />hazardous materials balance reports or trade secret chemical reports are not being <br />filed in compliance with this 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 hazardous <br />substance users are audited in a random order at least once every three years. <br />Companies to be audited shall be given an advance audit notification of no more <br />than one month. <br />G. The Toxics Board shall certify the qualifications of independent auditors who will <br />audit the precautions used by hazardous substance users with trade secret <br />chemicals and the technological options available for more protective alternatives. <br />Documentation for certification of the qualifications of each auditor shall be <br />public information. <br />H. For the purposes of complying with Section 5.2(A)(4), hazardous substance users <br />may hire only independent auditors certified by the Toxics Board pursuant to <br />Section 6.2(G). <br />Section 6.3. Responsibilities of the City Manager <br />The City Manager shall consult with the Toxics Board in order to jointly <br />determine the appropriate support services that shall be provided to the Toxics <br />Board by City employees for the implementation of this Section. As set forth in <br />Article VII(A), the cost of these support services shall be paid by fees collected <br />pursuant to this Section. <br />Section 7. <br />ARTICLE VII - FEES <br />A. Each hazardous substance user shall pay an annual fee to the City of Eugene, <br />sufficient to jointly cover the implementation of this Section, including expenses <br />incurred by the Eugene Public Library, Fire Marshal, City of Eugene and the <br />Toxics Board. <br />-34- <br />