CC Minutes - 03/08/99 Mtg - Laserfiche WebLink

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however, it was not necessarily true that a larger company used more chemicals. Mr. Potter said there was a legal perception that the City was prohibited from charging on the basis of the number or quantity of hazardous substances reported. Mr. Pape ascertained that the Charter applied to only manufacturing enterprises, and a company was required to report only if it had inputs of 2,640 pounds of reportable hazardous substances in a calendar year. Ms. Nathanson asked for more information on Standard Industrial Classifications, and wondered if the analysis had included a fee based on those. Mr. Potter replied that the board had not considered using the codes because such a fee structure would probably still need to involve actual quantities of usage, which might be prohibited by the State law. In the Mayor's absence, Council President Scott Meisner presided over the meeting for the next few minutes. Mr. Meisner recalled that the board had intended to adopt a fee structure for future years based on chemical usage once the initial usage data report was filed by companies. Mr. Potter clarified that the board was not recommending that at this time due to potential challenges arising from the State law. Addressing a question from Mr. Pap~, Mr. Potter said the only fee structures foreclosed at the moment are those based on quantity. In response to follow-up questions from Mr. Pap~, Mr. Potter said the initial report was due from companies on April 1, 1999, and there would be insufficient time to analyze that data and apply a new type of fee structure, generate invoices, and expect payment by the May 1 due date. Mr. Pap~ urged the board to analyze the information reported, and create a fee structure for future years that has more to do with the risk to the community. Addressing a question from Mr. Lee, Mr. Potter acknowledged that there had been discussion in 1998 regarding the possibility in 1999 of instituting some type of reconciliation or "credit" system to retroactively address fee inequities. However, Mr. Potter said, such a system could not be enacted at this time without legal risk, because it would require quantity-based fee calculations. Mr. Meisner opened the public hearing. Mary O'Brien, 3525 Gilham Road, Eugene, identified herself as a member of the Toxics Board and addressed the board's problem with the State law, saying that the board concluded that any fee based on quantity would likely be challenged. Ms. O'Brien also referred to a fee chart which she had distributed to the council, showing that changing the base fee from $500 to $1,000 would not be advantageous for the majority of companies reporting under the program. Mayor Torrey returned to the meeting during Ms. O'Brien's testimony. Seeing no more people wishing to speak, Mayor Torrey closed the public hearing. Minutes--Eugene City Council March 8, 1999 Page 4 7:30 p.m.