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Ordinance No. 19746
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Ordinance No. 19746
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Last modified
6/10/2010 3:46:31 PM
Creation date
1/29/2009 12:58:38 PM
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Council Ordinances
CMO_Document_Number
19746
Document_Title
An ordinance concerning hazardous materials; amending Sections 3.005, 3.045, 3.190, 3.192, 3.194 and 3.196 of the Eugene Code, 1971; repealing Section 3.198 of that Code, and declaring an emergency.
Adopted_Date
1/28/1991
Approved Date
1/28/1991
CMO_Effective_Date
1/28/1991
Signer
Jeffrey R. Miller
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fined by subsection 8,20012} of this code unless: <br />1. A complete application for a hazardous materials <br />license has been submitted to the city prior to March 1, 1991, <br />but not yet acted upon; <br />2. A valid interim status hazardous materials permit has <br />been issued for the facility; or <br />3. A valid annual hazardous materials license has been <br />issued for the facility. <br />An application, interim status permit, or license will not be valid <br />if hazardous materials other than as identified therein are located <br />at the facility. When more than one hazardous materials license or <br />permit is required for the same facility, such licenses or permits <br />may be consolidated into a single hazardous materials license or <br />permit. <br />fib} No person shall refuse the city permission to enter upon. <br />or into a facility for purposes of determining whether hazardous <br />materials are present therein, or to conduct inspections or invesw <br />tigations pursuant to section 3.192 of this code. <br />~2} Interim status,.,,p,ermit. <br />~ a} An i nter~~~m status hazardous materials permit may be <br />issued upon: <br />1. Submission by the applicant of a completed applica- <br />tion for an annual hazardous materials license, including <br />therewith an emergency response contingency plan and payment <br />of any fees required to be submitted with the application; <br />2. Execution by the applicant and delivery to the city <br />of a certificate, on a form approved by the city, that the <br />applicant and the f ac i 1 i ty i s i n compliance with all appl ~ - <br />cable federal, state, and local laws, rules and regulations, <br />or, if the applicant cannot so certify, the applicant has <br />adopted and is implementing a plan satisfactory to the city <br />that wi 11 achieve such compliance; <br />3. Execution by the applicant and delivery to the city <br />of an agreement approved by the city that the applicant shall <br />hot d harmless the city, its officers, agents, and employees <br />for any claims of injury to persons or property that may arise <br />as a resul t of any activity carried on by the applicant at the <br />facility, and evidence satisfactory to the city that the appl~- <br />cant has met applicable financial responsibility requirements; <br />and, <br />4. Payment by the applicant of an interim status hazard- <br />ous materials permit fee. <br />However, the city may deny a permit if the city has knowledge that <br />issuance of the permit will impose a significant risk to public <br />health, safety or welfare. <br />fib} After an investigation as provided in section 3,192 of <br />this code, the city shall make a determination as to the class of <br />permit required. The city may attach such conditions to the permit <br />as are deemed necessary for the protection of the public health, <br />safety and welfare, and the app1 i cant shal 1 comply with al 1 such <br />conditions. <br />~c} An interim status permit shall remain valid until the <br />city approves or denies the applicant's annual license application <br />Ordinance - 2 <br />
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