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Attachment B. <br /> <br />B.The Toxics Board must issue a decision in response to a petition within 45 days of <br />receiving the petition. If the Toxics Board fails to issue a decision within 45 days, <br />the petition shall be deemed denied on the 45th day for the purpose of exhaustion <br />of remedies and may be judicially reviewed pursuant to Section 8.1(B). <br /> <br />C.The petitioner must notify the Toxics Board and alleged violator ten days prior to <br />seeking judicial review, except that such action may be brought immediately after <br />such notification in the case of an action under this Section respecting an <br />emergency posing a significant risk to the well-being of workers, people present <br />in the community, or any species of fish or wildlife or plants. <br /> <br />D.No action may be commenced under paragraph A of this Section if the City of <br />Eugene has commenced an action to impose a penalty pursuant to Section 8.2 and <br />is pursuing a prompt resolution of that action. <br />ARTICLE IX - EXCLUSIONS <br />Section 9. <br /> <br />A.Nothing in this Section is intended to apply to the government of the United <br />States or to the government of the State of Oregon, or to the agencies or political <br />subdivisions of either government. <br /> <br />B.Nothing in this Section is intended to restrict, impede, or otherwise interfere with <br />the exercise of rights guaranteed by the United States Constitution or the <br />Constitution of the State of Oregon. <br />ARTICLE X IMPLEMENTATION <br />Section 10. Insofar as it is reasonable and practicable to so assume, the provisions of this <br />Section are intended to be self-executing. In every other case, however, and any <br />other provision of the Eugene City Charter or the ordinances of the City of <br />Eugene notwithstanding, the City Council shall, upon recommendation of the <br />Toxics Board and without unreasonable delay, enact reasonable ordinances <br />necessary and proper for carrying into execution the provisions of this Section. <br />ARTICLE XI SEVERABILITY <br />Section 11. If any section, subsection, paragraph, phrase or word (hereafter the parts) of this <br />Section shall be held to be unconstitutional, void, or illegal, either on its face or as <br />applied, this shall not affect the applicability, constitutionality, or legality of any <br />other parts hereof; and to that end, the parts of the Section are intended to be <br />severable. It is hereby declared to be the intent of this Section that the same would <br />have been adopted had such unlawful or unconstitutional provisions, if any, not <br />been included herein. <br />ARTICLE XII - EFFECTIVE DATE <br />Section 12. This Section shall be in full force and effect 31 days following passage. <br />- 33- <br />