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ORDINANCE NO. 20612 AN ORDINANCE ADOPTING HAZARDOUS SUBSTANCE USER FEES FOR THE FISCAL YEAR COMMENCING JULY 1, 2019, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. The City Council of the City of Eugene finds that: A. Pursuant to Article VII of Amendment IV to the Eugene Charter of 2002 (the "Amendment'), the City Council has previously adopted Resolutions and Ordinances establishing fees to be paid by hazardous substance users within the City with the most recent being Ordinance No. 20589 which established fees to be paid by hazardous substance users for the fiscal year commencing July 1, 2018. B. In accordance with other requirements of the Amendment, the City Council, by ordinance, has adopted the City's Hazardous Substance Tracking Instructions, which provide guidance to hazardous substance users in completing and submitting the reports required by the Amendment. C. Pursuant to ORS 453.370(2)(a), the City must adopt the hazardous substance user fee schedule via ordinance after notice and public hearing. The City published and posted notice of the public hearing to be held on April 15, 2019, concerning the proposed ordinance adopting hazardous substance user fees, and such hearing was held before the Eugene City Council on that date. D. Pursuant to ORS 453.370(2)(b), the City cannot adopt a fee schedule that imposes a fee of more than $2,000 for any single facility in any calendar year. E. The Toxics Board has recommended a fee of $62.23 per FTE, not to exceed $2,000 for any single facility for the 2019 calendar year, in order to cover the expenses of the program for the fiscal year commencing July 1, 2019. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. A fee of $62.23 per FTE, not to exceed $2,000 for any single facility for the 2019 calendar year, is hereby imposed as the fee to be paid by hazardous substance users within the City of Eugene. Section 2. No enforcement action shall be taken against any reporting company for failure to pay until after June 1, 2019. Section 3. As used in this Ordinance, the terms "FTE" and "hazardous substance users" have the meanings ascribed to them in Section 3.692 of the Eugene Code, 1971. Section 4. The fees collected pursuant to this Ordinance shall be used for the purpose of operating the Toxics Right -to -Know Program created by Amendment IV to the Eugene Charter of 2002 and implemented by subsequent ordinances of the City. Ordinance - Page 1 of 2