Admin Order 53-19-14-F - Laserfiche WebLink

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ADMINISTRATIVE ORDER NO. 53-19-14-F ofthe City Manager Pro Tern of the City of Eugene AMENDMENT OF PLASTIC BAG USE ADMINISTRATIVE RULE R- 6.850 AND REPEAL OF ADMINISTRATIVE ORDER NO. 53-13-03-F. The City Manager Pro Tern of the City of Eugene finds that: A. Section 2.019 of the Eugene Code, 1971, authorizes the City Manager to adopt rules for administration of provisions of the Eugene Code. Pursuant to that authority, on March 18, 2013, Administrative Order No. 53-13-03-F of the City Manager was adopted amending the Plastic Bag Use Administrative Rule R-6.850. B. On November 25, 2019, the City Council adopted Ordinance Nos. 20623 and 20624 concerning restrictions on the use of polystyrene containers and single-use checkout bags. Those Ordinances became effective on December 27, 2019. Due to the adoption of Ordinance Nos. 20623 and 20624 and to meet requirements of House Bill 2509 (2019), it is necessary to amend the Plastic Bag Use Administrative Rule R-6.850. C. On November 26, 2019, I issued Administrative Order No. 53-19-14 ordering that notice be given of the opportunity to submit comments on my proposal to amend Rule R-6.850. The Notice specified that comments would be received for 15 days from December 1, 2019, the first date of publication of the Notice. D. One comment was received stating that the Single-Use Checkout Bag Ordinance and Rules should not be amended. Response: It was necessary to amend the Ordinance due to legislative changes made by the State. It should be noted that Ordinances are adopted by the City Council and cannot be amended by the City Manager. The proposed amendments to the Single- Use Checkout Bags and Polystyrene Rules are necessary in order to implement the Single-Use Checkout Bag Ordinance and Polystyrene Ordinance adopted by the City Council. Therefore, no changes are being made to the Rules as a result of the comment. E. After the comment period, staff noticed that subsection 1 of R-6.850-A stated that exemptions from the requirements in EC 6.876 could not last longer than December 27, 2020. That provision is inconsistent with Ordinance No. 20623 which provides that requests for exemptions will not be accepted after December 31, 2020. The Rule should be corrected so it is consistent with the Ordinance. The correction is reflected in the Rules set forth below. BASED UPON the above findings, the findings in Administrative Order No. 53-19-14, and pursuant to the authority contained EC 2.019, I order that: 1. Effective December 27, 2019, the Plastic Bag Use Administrative Rule R-6.850 is renamed and amended as set forth below. 2. Administrative Order No. 53-13-03-F is repealed effective December 27, 2019. Administrative Order -Page 1 of 3