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Ordinance No. 20499
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2012 No. 20485-20503
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Ordinance No. 20499
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Last modified
11/28/2012 5:19:17 PM
Creation date
11/28/2012 4:37:59 PM
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Council Ordinances
CMO_Document_Number
20499
Document_Title
AN ORDINANCE ADOPTING AMENDED HAZARDOUS SUBSTANCE TRACKING INSTRUCTIONS FOR REPORTS DUE BEGINNING APRIL 1, 2013, AND REMOVING THREE HAZARDOUS SUBSTANCES FROM THE LIST OF REPORTABLE CHEMICALS.
Adopted_Date
11/26/2012
Approved Date
11/27/2012
CMO_Effective_Date
12/28/2012
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Process for Exemptions <br />In compliance with ORS 453.370 the City has established the following procedure for exemption <br />from all or part of the Toxics Right -to -Know Program: <br />A. If a facility believes that it has evidence that its operations pose little or no risk to the <br />public health or the environment, the facility may request an exemption from all or part <br />of the material balance report requirement by submitting an Exemption Request form <br />provided by the Toxics Board. <br />B. A facility requesting an exemption must specify from what reporting requirements it is <br />seeking an exemption. A facility may not seek an exemption from a requirement to pay a <br />fee. <br />C. An Exemption Request form must be accompanied by a report prepared by an <br />independent public health or environmental consultant that demonstrates that the <br />facility's operations pose little or no risk to the public health or the environment. <br />D. The facility must submit a non - refundable filing fee of $150. The facility shall be <br />assessed an additional fee to cover the City's cost of hiring a nationally certified <br />toxicologist to review the report submitted by the facility. Prior to the toxicologist <br />commencing review of the submitted report, the facility will be provided a fee estimate. <br />Within thirty (30) days of receiving the estimate, the facility shall notify the City whether <br />it wants to proceed with the report review or withdraw from the exemption process. <br />E. Within sixty (60) days of receiving a facility's notification that it wants the toxicologist to <br />commence review of its submitted report, the Toxics Board will meet to consider the <br />facility's exemption request. At that meeting a representative of the facility will have an <br />opportunity to speak to the Toxics Board regarding the requested exemption. Those <br />wishing to speak in opposition or in favor of the request may also speak at this meeting. <br />F. An exemption request may be denied, granted in whole, or granted in part. <br />G. An exemption shall not be granted (in whole or part) unless the facility establishes by <br />clear and convincing evidence that its operations and use of hazardous substance(s) do <br />not pose a risk to the public health or the environment. <br />H. Six out of the seven Toxics Board members must vote in favor of exempting the facility <br />in order for the facility to be exempted from all or part of the reporting requirements. <br />The Toxics Board shall render a decision on the facility's requested exemption within <br />twenty (20) days of the meeting at which the request was considered. <br />The decision of the Toxics Board is final. <br />
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