06/22/1992 Meeting (2) - Laserfiche WebLink

Home Browse Search

-- . Gary recommended deletion of the word "welfare," but said retaining the word would make no difference in terms of ordinance substance or enforceability. He recommended that adoption of the ordinance include deletion of the word where it appears in the phrase in the ordinance. Mr. Green asked how the City would address situations where the suspected offender claimed inability to pay for testing. Mr. Nuss said that the City could test and bill the responsible party. He added that, in general, the City would require testing before remediation. Mr. Gleason said that the City had the ability to test for hazardous substances and would do so in the case of public risk. Responding to a question from Mr. Boles, Mr. Nuss said that were a test to be negative for hazardous substances, the property owner would still be required to pay for the cost of testing. However, the ordinance includes a provision for appeal. Mr. Boles suggested that it would be more equitable if property owners were not compelled to pay for negative tests. Mr. Gleason said that as a practical matter, the City would only act when staff considered the threat to be serious. If the test was benign, the City would pay for the test. CB 4381--An ordinance concerning hazardous substance discharge and removal; adding Sections 6.340, 6.345, 6.350, 6.355, 6.360, 6.365, 6.370, 6.375, and 6.380 to the Eugene Code, 1971; and amending Section 6.990 of that code. e Mr. Boles moved, seconded by Mr. Green, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Mr. Robinette moved, seconded by Mr. Green, to delete the word "welfare" where it appeared in the ordinance in the phrase, "public health, safety, and welfare." Responding to a question from Mr. Green regarding his rationale for deleting the word "welfare," Mr. Robinette explained that the council was attempting to address public health and safety situations. The use of the word "welfare" broadened the scope of the ordinance beyond that intent. Mr. MacDonald said that the council would be taking the wrong direction if it constrained its authority to respond to hazardous spills and discharges. He supported retention of the word "welfare" to give the City the broadest possible discretion in such situations. Mr. Robinette observed that the costs involved in such spills and discharges was considerable. He wished to limit the City's costs and involvement in such instances while retaining the ability to deal with imminent threats. e MINUTES--Eugene City Council June 22, 1992 Page 13 7:30 p.m.