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<br />ORDINANCE NO. 20199 <br /> <br /> <br /> <br />AN ORDINANCE DELEGATING TO THE CITY MANAGER <br />AUTHORITY TO ADD ADDITIONAL CHEMICALS TO THE <br />LIST OF HAZARDOUS SUBSTANCES REQUIRED TO BE <br />REPORTED UNDER AMENDMENT IV TO THE EUGENE <br />CHARTER OF 1976; AMENDING SECTION 3.692 OF THE <br />EUGENE CODE, 1971, AND ADDING SECTION 3.696 TO <br />THAT CODE. <br /> <br />The City Council of the City of Eugene finds that: <br /> <br /> <br />A. <br /> Amendment IV to the Eugene Charter of 1976 was adopted at the general election on <br />November 5, 1996 (the Amendment). The Amendment provides in part that hazardous substance <br />A@ <br />users in Eugene shall file an annual materials balance report that lists inputs and outputs of all <br />hazardous substances obtained, used or generated, as those substances are defined in Article III of the <br />Amendment. <br />B. <br /> Subsequent to enactment of the Amendment, other chemicals have been added to the <br />lists referenced in Article III, and it is probable that additional chemicals will be added to those lists in <br />the future. Although Subsection E-5 of Article III provides that any substances subsequently added <br />to the lists described in that Article were also subject to its provisions, decisions of the Court of <br />Appeals and Circuit Court in litigation involving the Amendment prohibit the automatic addition of <br />other chemicals. <br />C. <br /> It is consistent with the intent of the voters in adopting the Amendment that when new <br />chemicals are added to the lists described in Article III, section E of the Amendment, those same <br />chemicals should be considered for addition to the list of chemicals covered by the Amendment. <br />D. <br /> Whether additional chemicals should be subject to the reporting requirements of the <br /> <br />Ordinance - 1 <br /> <br /> <br />