Admin Order 52-00-04-F - Laserfiche WebLink

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ADMINISTRATIVE ORDER NO. 52-00-04-F of the City Manager of the City of Eugene ADOPTION OF HAZARDOUS SUBSTANCES REQUIREMENTS ADMINISTRATIVE RULE R-3.696. REPORTING The City Manager of the City of Eugene finds as follows: A. Section 2.019 of the Eugene Code, 1971, authorizes the City Manager to adopt rules for administration and implementation of any provisions of that Code. In addition, Section 3.696 of that Code specifically authorizes the City Manager, after considering the advice of the Toxics Board, to adopt an administrative rule to add chemicals to the list of substances required to be reported under Amendment IV to the Eugene Charter of 1976 (the "Amendment"); to establish reporting and material accounting thresholds for each chemical added, together with the date when the additional chemical(s) shall be subject to the reporting requirements; and to reduce the reporting and material accounting thresholds for chemicals already subject to the reporting requirements. B. The Toxics Board has recommended that certain chemicals that have been added during the last year to the lists referenced in Article III, A and E of the Amendment by the Federal government should be required to be reported. C. The Toxics Board has also recommended, based on recent Federal findings that certain chemicals already required to be reported under the Amendment are persistent bioaccumulative toxins, that the reporting and material accounting thresholds previously established under the 2000 Hazardous Substance Tracking Instructions should be reduced for those chemicals. D. In accordance with the procedures set forth in Section A above, and based upon recommendations by the Toxics Board with which I concur, on October 31, 2000, I issued Administrative Order No. 52-00-04. Notice was provided to interested parties, and by publication in the Register Guard, a newspaper of general circulation within the City, for at least five consecutive days, to-wit, on November 6, 7, 8, 9 and 10, 2000, and made available for inspection by interested persons at the office of the Toxics "Right to Know" Program Section of the City's Fire & Emergency Medical Services Department, 99 West 1 oth Avenue, Room 396, Eugene, Oregon 97401 during normal business hours (8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of holidays ). E. The Notice provided that interested persons could submit written comments thereon for a period of 15 days from the first date of publication. Two written comments were received. In response to the comments, I make the following findings: Comment 1. Testimony received from Clyde Carson, a member of the Toxics Board representing Williams' Bakery, a business required to report under Amendment IV to the Eugene Charter of 1976, stated that the Administrative Order exceeds the City's authority under City Charter Administrative Order - 1 c:\U ser\ TOXIC S\ao final. wpd