Resolution No. 4759 - Laserfiche WebLink

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RESOLUTION NO. 4759 A RESOLUTION ESTABLISHING AND DECLARING THE CITY OF EUGENE'S COMPLIANCE WITH ORS 453.370(4) AND ORS 453.370(7), CONCERNING LIMITATION ON LOCAL COMMUNITY RIGHT TO KNOW REGULATORY PROGRAMS The City Council of the City of Eugene finds that: A. Amendment IV to the Eugene Charter of 1976 (now "Eugene Charter of2002") was adopted at the general election on November 5, 1996. The Amendment provides in part that hazardous substance users in Eugene shall file an annual materials balance report that lists inputs and outputs of all hazardous substances obtained, used or generated. B. In 1999 the Oregon Legislative Assembly adopted Oregon Revised Statutes (ORS) 453.370, establishing limitations on local community right to know regulatory programs. ORS 453.370(4) requires local governments with right to know regulatory programs to provide an opportunity for written and oral public comment on the program and requires those local governments to make a number of determinations. ORS 453.370(7) requires local governments to provide the public with an opportunity to comment on the appropriateness of the reporting requirement for any hazardous substance or toxic substance that a local government requires an employer to report under a local community right to know regulatory program. Pursuant to ORS 453.370(11), subsections (4) and (7) do not apply to the City of Eugene' s regulatory program until July 1,2003. C. On June 4, 2002, the City of Eugene asked the Oregon State Fire Marshal's Office to operate Eugene's Toxics Right-to-Know program. The State Fire Marshal's Office declined in writing on December 10, 2002. D. In April 2003, the City of Eugene requested comments on the City of Eugene's Toxics Right-to-Know Program from the Oregon Department of Environmental Quality (DEQ), the State Fire Marshal's Office, and the Oregon Department of Human Services. DEQ and the State Fire Marshal's Office declined to comment. E. In May 2003, the Eugene T oxics Board provided the public an opportunity for written and oral comment on the City's Right-to-Know Program. Following public notice and written notice to interested parties, on May 5, 2003, the Eugene Toxics Board held a public hearing regarding the City's Right-to-Know regulatory program. At the hearing both oral and written testimony was presented to the Toxics Board regarding the City's regulatory program. F. At the May 5, 2003, public hearing the Eugene Toxics Board sought written and public comment on the appropriateness of reporting the hazardous substances that an employer is required to report including public comment on health and environmental considerations, economic