CC Minutes - 03/09/98 Meeting - Laserfiche WebLink

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IV. PUBLIC HEARING: ORDINANCE ON TOXIC REPORTING INSTRUCTIONS A. Public Hearing Mr. Potter explained that the Toxics Board had created reporting instructions to implement the Toxics Right-to-Know program that in some instances were not based strictly upon the provisions of the Charter Amendment. He said that it had been recommended by the City Attorney's Office that the City Council be asked to adopt the instructions by ordinance to give them the force of law, in the event they were legally challenged. Mayor Torrey opened the public hearing. Richard Walker, 845 McKinley Street, said he represented a small business, Champion Friction Company. He said he was concerned that implementation of the Toxics Right-to-Know Charter amendment did not provide controls for the two largest creators of pollution in Eugene-the University of Oregon and Sacred Heart Hospital. He suggested that not providing such controls indicated a lack of seriousness about the law and that only small businesses were being targeted. Jack Van Orman, 460 North Danebo, stated that he was concerned about changes which had taken place in the listing and description of toxic materials covered by the program. He said he was also concerned that the format for recording data to be reported in the program had not yet been established. Steve Morgan, 841 West 5th Avenue #3, stated that he was environmental manager for Forrest Paint Company. He said he was concerned that the Eugene Toxics Right-to-Know Program had established the lowest threshold for reporting of toxic substances in the country. He said he had concerns about the program reporting instructions, as follows: (1) the reporting level for contaminants was not the same as set by the Occupational Safety and Health Administration (OSHA); (2) the reporting level for metals and metal components was not the same as set by the Environmental Protection Agency (EPA) and significantly complicated the issues involved; (3) Characteristic Chemicals reporting processes for ignitability and corrosivity incorrectly identified products as waste material; (4) there were potential "double counting" issues; and (5) some companies are required to report ignitable materials and others are not. Keith Dahle, 175 South Danebo, stated that he was concerned that certain information regarding "public contact persons" should be deleted from the toxic reporting instructions since it was not required by the Charter Amendment. Kathy Madison, 1401 Willamette, stated that she represented the Eugene Chamber of Commerce. She said her organization supported the public's right to know about toxic substances used in manufacturing process, but was opposed to development of local programs to enforce such rights because of the disadvantages they imposed on local businesses. She said she believed the Eugene Toxics Right-to-Know Charter amendment was a "stigma law" seeking to negatively hold up to public scrutiny legitimate company operations. Mary O'Brien, 2535 Gilham Road, stated that she was speaking as an individual. She said she believed Sacred Heart Hospital was exempt from the Eugene Toxics Right-to-Know program because it was not classified as a manufacturing operation. She said the University of Oregon Minutes--Eugene City Council March 9, 1998 Page 6 7:30 p.m.