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ORDINANCE NO. 20499 <br />AN ORDINANCE ADOPTING AMENDED HAZARDOUS SUBSTANCE <br />TRACKING INSTRUCTIONS FOR REPORTS DUE BEGINNING APRIL <br />1, 2013, AND REMOVING THREE HAZARDOUS SUBSTANCES FROM <br />THE LIST OF REPORTABLE CHEMICALS. <br />The City Council of the City of Eugene finds that: <br />A. Amendment IV to the Eugene Charter of 2002 was adopted at the general election <br />on November 5, 1996 (the "Amendment "). The Amendment provides in part that hazardous <br />substance users in Eugene shall file an annual materials balance report that lists inputs and <br />outputs of all hazardous substances obtained, used or generated. <br />B. On April 6, 1998, the City Council passed Ordinance No. 20112 adopting the <br />1998 Hazardous Substance Reporting Forms and Instructions ( "Instructions "). The Instructions <br />have subsequently been amended, most recently by Ordinance No. 20306, passed on December <br />3, 2003, adopting the 2004 Instructions. The 2004 Instructions have remained in effect since <br />their adoption in 2003. <br />C. The Toxics Board has reviewed the previous Instructions and developed amended <br />Instructions for reports due beginning April 1, 2013. Revisions to the 2004 Instructions are <br />necessary due to the length of time since the Instructions have been updated, and to comply with <br />the Amendment and ORS 453.370. <br />D. Like the Instructions for prior years, the amended Instructions include numerous <br />provisions that describe provisions of the Amendment, give interpretations of the Amendment, <br />and include provisions that are necessary to implement the Amendment in a practicable manner <br />but which are not expressly contained in the Amendment. The Toxics Board has recommended <br />that the Council adopt the amended Instructions. <br />E. The Council approves the amended Instructions as being consistent with the terms <br />and intent of the Amendment and ORS 453.370. The Council intends by this ordinance to adopt <br />the amended Instructions as binding on those persons covered by its terms. <br />F. The Council adopts this ordinance pursuant to its authority under both section 4 of <br />the Eugene Charter of 2002 and Article X of Amendment IV to the Charter. <br />G. In addition to amending the Instructions, the Toxics Board has also recommended <br />removing certain hazardous substances from the list of reportable chemicals. This <br />recommendation is based on a prior Court ruling that chemicals listed pursuant to the Federal <br />Insecticide, Fungicide and Rodenticide Act, and those chemicals defined as pesticides under <br />ORS 634.006(8), are not reportable under the Eugene Toxics Right -to -Know Program. <br />Ordinance - Page 1 of 2 <br />