Item 3: Ordinance Adopting Hazardous Substance Tracking Instructions

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ignitability are also reportable, even if they are not being disposed of as hazardous waste. Due to the 1999 Oregon Court of Appeals ruling, the chemicals listed under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and those chemicals defined as pesticides under ORS 634.006(8) are no longer reportable, while pesticide ingredients listed as hazardous substances on the other federal regulatory lists cited in Section 54, Article III, Section 3 of the Eugene Charter are reportable. The List of Reportable Chemicals currently includes three hazardous substances that are regulated only by FIFRA: captafol (CAS #002425-06-1); picloram salts and esters (CAS #002545-60-0); and terbutylazine (CAS # 005915-41-3). In order to comply with the 1999 Oregon Court of Appeals Ruling, these three hazardous substances should be removed from the List of Reportable Chemicals. The Toxics Board has reviewed the Hazardous Substance Tracking Instructions and the List of Reportable Chemicals, and recommends that the City Council adopt an Ordinance to accomplish the following: 1.Reformat and reorganize information in the Hazardous Substance Tracking Instructions to create a more professional and user-friendly document, to reflect implementation of the Internet-based data entry reporting program and the use of electronic signatures, to show the new City of Eugene logo and to update links to the new City of Eugene website. 2.Revise the Hazardous Substance Tracking Instructions to clarify reporting requirements for characteristic chemicals, metals and gases. 3.Remove from the List of Reportable Chemicals those chemicals that are now regulated only by FIFRA:  captafol (CAS #002425-06-1);  picloram salts and esters (CAS #002545-60-0); and  terbutylazine (CAS # 005915-41-3). RELATED CITY POLICIES The Eugene Toxics Right-to-Know Program relates to the following Eugene City Council Goals and Outcomes: Safe Community; Sustainable Development; and Effective, Accountable Municipal Government. The Toxics Board provides policy direction on the Eugene Toxics Right-to-Know Program, and serves as an advisory board to the City Council, working under the Eugene City Charter Section 54 (Amendment IV). Section 54, Article X of the Charter Amendment provides in part as follows: The City Council shall, upon recommendation of the Toxics Board and without unreasonable delay, enact reasonable ordinances necessary and proper for carrying into execution the provisions of the Amendment. S:\CMO\2012 Council Agendas\M121126\S1211263.doc