Item 1: Ordinance Adopting Hazardous Substance Tracking Instructions

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Attachment B. ARTICLE VIII ENFORCEMENT Section 8.1. Toxics Board enforcement and judicial review A.In the event of noncompliance, the Toxics Board shall have the authority to enforce the reporting requirements of this Section and impose penalties as set forth in Section 8.2. B.Any person may appeal a Toxics Board decision to the Circuit Court of Lane County, pursuant to the procedures providing for a writ of review (ORS 34.010) or a writ of mandamus (ORS 34.105). Section 8.2. Penalties A.Any hazardous substance user or person who violates this Section shall be subject to a penalty not less than $250 per day and not greater than the maximum penalty allowed by state law. B.Each day that a violation continues shall be considered a separate violation subject to civil penalties. A violation occurs when a regulated entity fails to file a complete and correct report on or before the day the filing of a report is required. C.In determining the appropriate amount of the penalty, the following shall by considered: 1.the likelihood at the time of the noncompliance that harm would arise from the violator's noncompliance; 2.the degree of the violator's awareness of that likelihood; 3.the profits reasonably related to the violator's non-compliance; 4.the duration of the non-compliance and any concealment of it; 5.the attitude and conduct of the violator upon discovery of the concealment; 6.the number of previous violations by the specific violator of this Section; 7.the financial condition of the violator; 8.the total deterrent effect upon the specific violator at issue and other potential violators; and 9.other penalties paid by the specific violator for the specific violations at issue. D.Any penalties imposed under this Section or Section 8.3 shall be paid to the City of Eugene for use in implementing this Section. E.If a hazardous substance user repeatedly violates this Section in a fashion contrary to the public interest, the City Manager shall order that hazardous substance user to cease and desist using hazardous substances in the City of Eugene. F.Nothing in this Section is intended to restrict or limit any other enforcement remedies available, at law or in equity, arising out of the same circumstances upon which an alleged violation of the Section may be based. Section 8.3. Citizen enforcement A.Any person may petition to the Toxics Board on her/his own behalf against a hazardous substance user or person for failure to comply with any of the terms of this Section. The Toxics Board shall set forth procedures by which persons may petition the Toxics Board. - 32-