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Ordinance No. 20013
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Ordinance No. 20013
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Last modified
6/10/2010 3:48:24 PM
Creation date
11/25/2008 2:31:26 PM
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Council Ordinances
CMO_Document_Number
20013
Document_Title
Ordinance concerning the sale & use within Eugene of certain products containing ozone-depleting chemicals; amending Ordinance No. 19994 and Sections 6.700, 6.705, 6.710, 6.715, 6.720, & 6.725 of the Eugene Code, 1971.
Adopted_Date
5/17/1995
Approved Date
5/17/1995
CMO_Effective_Date
6/17/1995
Signer
Ruth Bascom
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administrative civil penalty of $500. For purposes -of this subsection and subsection ~3}, <br />"product" shall mean a generic type of merchandise or item, such as "hair spray" and "paint. " <br />~3} 1f a person receiving a native of imposition of an administrative civil penalty <br />under subsection ~2} sells ar uses the prohibited product ten days or more after the date of the <br />administrative civil penalty, the city manager may impose an additional administrative civil <br />penalty in the amount of $1,000. Each subsequent violatian shall subject the person to an <br />administrative civil penalty of $1,000 per violation. For purposes of this section, a "subsequent <br />violation" means selling or using, after the date of the previous notice imposing an administrative <br />civil penalty, the product that formed the basis of the prior administrative civil penalty. <br />~4} Notwithstanding the provisions of sections 2.018 and 6.995 of this code, <br />this section shall govern the amount of the administrative civil penalties for violations of sections <br />6.70fl to 6.725. Any such administrative penalties shall be in addition to, and not in lieu of, any <br />other penalty authorized by section 6.992 or any other action authorized by law. <br />~5} Notices of administrative civil penalties and appeals of those notices shall <br />be governed by subsections ~6} to {11} of section 2.018. <br />6.725 ozone, Protection ~, Rulemakin~. <br />~1} The city manager shall adopt, pursuant to section 2.419 of this code, <br />administrative rules to implement sections 6.704 to 6.725. Such rules shall include, but need not <br />be limited to: - <br />~a} Additional and mare detailed definitions of the wards and terms <br />used in sections 6.700 to 6.725; <br />fib} A list of ozone-depleting products whzch cannot be sold or used; ~c} <br />Criteria and methodology for determining whether a product should be <br />added to the list referred to in subsection fib} of this section; and <br />~d} A process far receiving and responding to complaints from citizens <br />about alleged violations of these code sections. <br />~2} The rules also may include criteria for designating as "ozone-depleting <br />chemicals" additional chemical compounds not listed in the definition of "ozone-depleting <br />chemical" contained in section 6.705. Such criteria shall require consideration of any conclusions <br />of: <br />~a} The U.S. Environmental Protection Agency, and <br />fib} The United Nations Environment Program <br />as to whether a chemical compound is ozone-depleting. Unless and until the city manager has <br />adapted criteria under this subsection (2}, the manager shall not designate any additional chemical <br />compounds as "ozone~depleting chemicals." <br />~3} The criteria for determining whether an ozone~depleting product shall be <br />included on the list referenced in paragraph ~1}(b} of this section shall include a requirement that <br />an "ozone-safe substitute" is available. The criteria also shall provide that to qualify as an ozone- <br />safe substitute, a product must meet bath of the following requirements: <br />~a} The alternate product is readily available and its use will cost no <br />more than the use of the azane~depleting product; and <br />Ordinance - 3 <br />
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