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Ordinance No. 19862
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Ordinance No. 19862
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Last modified
6/10/2010 3:47:20 PM
Creation date
11/14/2008 4:33:24 PM
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Council Ordinances
CMO_Document_Number
19862
Document_Title
An ordinance concerning hazardous substance discharge & removal; adding sections 6.340, 6.345, 6.350, 6.355, 6.360, 6.365, 6.370, 6.375, & 6.380 to Eugene Code, 1971; & amending section 6.990 of that code.
Adopted_Date
6/22/1992
Approved Date
6/22/1992
CMO_Effective_Date
7/23/1992
Signer
Jeffrey R. Miller
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welfare, may authari ze any person to carry out any assessment, evaluation or <br />investigation i n accordance with any requirements of ar directions from the city <br />manager, i f the city manager determines that the person wi 11 commence and <br />complete the assessment, evaluation or investigation praperl y and i n a t i mel y <br />manner. <br />~3} The city manager, when he or she has reason to believe that <br />hazardous substances pose imminent threats to the public health, safety or <br />welfare, may require any responsible party to conduct any assessment, evaluation <br />or investigation which the city manager determines is necessary to protect the <br />pubs i c health, safety and welfare. An order of the city manager i s appeal abl e <br />only as provided by subsection ~4} of this section. <br />~4} Any person who receives and complies with the terms of an <br />order issued pursuant to subsection ~3 } of this section may, within 60 days <br />after completion of the required action, petition the city manager for <br />reimbursement for the reasonable casts of such action. If the city manager <br />denies reimbursement, the person may appeal the city manager's denial to a <br />hearings officer i n ,accordance with the timelines and procedures established by <br />section 3.060 of this code. To abta~n reimbursement, the person must establish <br />by a preponderance of the evidence that the person i s not a responsi bl a party, <br />and that the costs far which the person seeks reimbursement are reasonable in <br />1 i ght of the action required by the relevant order; these criteria are the sol e <br />basis for reimbursement. <br />~5} If any responsible party fai 1 s without sufficient cause to <br />conduct an assessment, evaluation or investigation as required by an order of <br />the city manager under subsection ~3} of this section the responsible party <br />shall be 1 fable to the city for the city's removal action costs and for punitive <br />damages not to exceed three times the amount of the city's removal action casts . <br />6.310 Hazardous Substance -Removal Action. <br />~ 1 } The city manager, when he or she has reason to bet i eve that <br />hazardous substances pose imminent threats to the public health, safety or <br />welfare, may undertake any removal action necessary to protect the publ i c <br />health, safety, and welfare. Notwithstanding the foregoing, nothing in this <br />section authorizes the city manager to undertake or order any action related to <br />property which i s subject to an enforceable order issued by the Oregon <br />Department of Environmental Quality or United States Environmental Protection <br />Agency i f the order requires investigation or removal of suspected or known <br />contamination . <br />~2} The city manager, when he or she has reason to believe that <br />hazardous substances pose imminent threats to the public health, safety or <br />welfare, may authorize any person to ~ carry out any removal action i n accordance <br />with any requirements of or directions from the city manager, if the city <br />manager determines that the person wi 11 commence and camel ete removal action <br />properly and i n a t a mel y manner. <br />~3} The city manager, when he or she has reason to believe that <br />hazardous substances pose imminent threats to the public health, safety or <br />welfare, may require any responsible party tv conduct any removal action <br />necessary to protect the public health, safety and welfare. The city manager's <br />action under this subsection may include but need not be 1 i mi ted to issuing an <br />order specifying the removal action the person must take. An order of the city <br />manager i s appealable only as provided by subsection ~4} of this section. <br />Ordinance - 5 <br />
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