Item 3: Ordinance Adopting Hazardous Substance Tracking Instructions

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Attachment A. ORDINANCE NO. _________ AN ORDINANCE ADOPTING AMENDED HAZARDOUS SUBSTANCE TRACKING INSTRUCTIONS FOR REPORTS DUE BEGINNING APRIL 1, 2013,ANDREMOVING THREE HAZARDOUS SUBSTANCES FROM THE LIST OF REPORTABLE CHEMICALS. The City Council of the City of Eugene finds that: A. Amendment IV to the Eugene Charter of 2002 was adopted at the general election substance users in Eugene shall file an annual materials balance report that lists inputs and outputs of all hazardous substances obtained, used or generated. B. On April 6, 1998, the City Council passed Ordinance No. 20112 adopting the structions have subsequently been amended, most recently by Ordinance No. 20306, passed on December 3, 2003, adopting the 2004 Instructions.The 2004 Instructions have remained in effect since their adoption in 2003. C. The Toxics Board has reviewed the previous Instructions and developed amended Instructions for reports due beginning April 1, 2013. Revisions to the 2004 Instructions are necessary due to the length of time since the Instructions have been updated, and to comply with the Amendment and ORS 453.370. D. Like the Instructions for prior years, the amended Instructions include numerous provisions that describe provisions of the Amendment, give interpretations of the Amendment, and include provisions that are necessary to implement the Amendment in a practicable manner but which are not expressly contained in the Amendment. The Toxics Board has recommended that the Council adopt the amended Instructions. E. The Council approves the amended Instructions as being consistent with the terms and intent of the Amendment and ORS 453.370. The Council intends by this ordinance to adopt the amended Instructions as binding on those persons covered by its terms. F. The Council adopts this ordinance pursuant to its authority under both section 4 of the Eugene Charter of 2002 and Article X of Amendment IV to the Charter. G. In addition to amending the Instructions, the Toxics Board has also recommended removing certain hazardous substances from the list of reportable chemicals. This recommendation is based on a prior Court ruling that chemicals listed pursuant to the Federal Insecticide, Fungicide and Rodenticide Act, and those chemicals defined as pesticides under ORS 634.006(8), are not reportable under the Eugene Toxics Right-to-Know Program. Ordinance - Page 1of 2