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ORDINANCE NO.20123 <br />AN ORDINANCE IMPLEMENTING AMENDMENT IV TO THE EUGENE <br />CHARTER OF 1976; PROVIDING FOR INTEREST AND PENALTIES FOR <br />UNPAID FEES DUE MAY,199S UNDER CHARTER AMENDMENT TV AND <br />RESOLUTION 4558; AND DECLARING AN EMERGENCY. <br />The City Council of the City of Eugene finds that: <br />A. Based on the findings contained therein, Resolution No. 4558 adopted by the Council <br />on March 16, 1998 established fees to be paid by hazardous substance users, as defined by <br />Amendment IV to the Eugene Charter of 1976 Charter Amendment}, which were required to be paid <br />on or before May 1,1998. <br />B. Hazardous substance users will file their first material balance reports on April 1, <br />1999. Article III-F of the Charter Amendment defines "hazardous substance user" as an owner <br />andlor operator of a "facility" within the City of Eugene that ~ 1 } has a total input of more than 2,644 <br />pounds of hazardous substances during a calendar year, ~2}employs tenor more full-time equivalent <br />employees, and ~3} is not exempt. <br />C. Most persons who meet the thresholds for inputs of hazardous substances and number <br />of full-time equivalent employees know that they possess thane characteristics and therefore are <br />subj ect to the requirements of the Charter Amendment. Others, however, may not know until the <br />end of 1998 if their total input of hazardous substances meets the 2,640 pound threshold or whether <br />they will have had ten full-time equivalent employees during 1998. <br />D. The City Council wishes to provide incentives for persons who are clearly required <br />to pay fees to do sa in a timely manner; to avoid penalising persons who have not paid fees because <br />in good faith they do not know if they are subject to the requirements of the Charter Amendment; <br />and to provide appropriate penalties for persons who know or reasonably should know that <br />Resolution No. 4558 requires them to pay a fee, but have failed to report themselves as being subject <br />to the requirements of the Charter Amendment and have failed to pay the required fee. <br />NOW, THEREFORE, <br />THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: <br />Section 1. As used in this Ordinance, the word "person" means an individual, corporation, <br />partnership, trust, association or other entity that owns, operates or controls a "facility," as that term <br />is def ned in Article III-D of the Charter Amendment. <br />Ordinance - t <br />