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Eugene Charter <br /> <br /> B. In order that this Section be self-supporting through hazardous substance <br />user fees, the fee amounts shall be recommended annually by the Toxics <br />Board and approved and amended as necessary by the Eugene City <br />Council. <br /> C. <br />All fees due under this Section shall be paid by May 1 of each calendar year. <br /> D. The operational budget for implementing this Section prior to the first <br /> collection of fees as set forth in Article VII shall be paid for out of City of <br />Eugene general funds. The operational budget thereafter shall be funded <br />wholly by hazardous substance user fees. <br /> <br />ARTICLE VIII - ENFORCEMENT <br />Section 8.1 Toxics Board enforcement and judicial review <br /> A. In the event of noncompliance, the Toxics Board shall have the authority <br />to enforce the reporting requirements of this Section and impose penalties <br />as set forth in Section 8.2. <br /> B. Any person may appeal a Toxics Board decision to the Circuit Court of <br />Lane County, pursuant to the procedures providing for a writ of review <br />(ORS 34.010) or a writ of mandamus (ORS 34.105). <br /> <br />Section 8.2 Penalties <br /> A. Any hazardous substance user or person who violates this Section shall be <br />subject to a penalty not less than $250 per day and not greater than the <br />maximum penalty allowed by state law. <br /> B. Each day that a violation continues shall be considered a separate violation <br />subject to civil penalties. A violation occurs when a regulated entity fails <br />to file a complete and correct report on or before the day the filing of a <br />report is required. <br /> C. In determining the appropriate amount of the penalty, the following shall <br />by considered: <br /> 1. the likelihood at the time of the noncompliance that harm would <br />arise from the violator's noncompliance; <br /> 2. the degree of the violator's awareness of that likelihood; <br /> 3. the profits reasonably related to the violator's non-compliance; <br /> 4. the duration of the non-compliance and any concealment of it; <br /> 5. the attitude and conduct of the violator upon discovery of the <br />concealment; <br /> 6. the number of previous violations by the specific violator of this <br />Section; <br /> 7. the financial condition of the violator; <br /> 8. the total deterrent effect upon the specific violator at issue and <br />other potential violators; and <br /> 9. other penalties paid by the specific violator for the specific <br />violations at issue. <br /> -22- 11/28/2005 <br /> <br />