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C. By May 1 of each year, the Toxics Board shall report to the Fire Marshal the <br />names of any hazardous users in non - compliance with the requirement to file <br />materials balance reports. <br />D. The Toxics Board shall cause to be published a notice listing the names of non- <br />complying entities in a daily newspaper with general circulation in the city of <br />Eugene by June 1 of each year. <br />E. The office of the City Fire Marshal shall investigate all credible evidence that <br />hazardous materials balance reports or trade secret chemical reports are not being <br />filed in compliance with this Section. <br />F. The office of the City Fire Marshal shall audit the accuracy of the reporting <br />processes of each hazardous substance user in an order such that all hazardous <br />substance users are audited in a random order at least once every three years. <br />Companies to be audited shall be given an advance audit notification of no more <br />than one month. <br />G. The Toxics Board shall certify the qualifications of independent auditors who will <br />audit the precautions used by hazardous substance users with trade secret <br />chemicals and the technological options available for more protective alternatives. <br />Documentation for certification of the qualifications of each auditor shall be <br />public information. <br />H. For the purposes of complying with Section 5.2(A)(4), hazardous substance users <br />may hire only independent auditors certified by the Toxics Board pursuant to <br />Section 6.2(G). <br />Section 6.3. Responsibilities of the City Manager <br />The City Manager shall consult with the Toxics Board in order to jointly <br />determine the appropriate support services that shall be provided to the Toxics <br />Board by City employees for the implementation of this Section. As set forth in <br />Article VII(A), the cost of these support services shall be paid by fees collected <br />pursuant to this Section. <br />Section 7. <br />ARTICLE VII - FEES <br />A. Each hazardous substance user shall pay an annual fee to the City of Eugene, <br />sufficient to jointly cover the implementation of this Section, including expenses <br />incurred by the Eugene Public Library, Fire Marshal, City of Eugene and the <br />Toxics Board. <br />B. In order that this Section be self - supporting through hazardous substance user <br />fees, the fee amounts shall be recommended annually by the Toxics Board and <br />approved and amended as necessary by the Eugene City Council. <br />C. All fees due under this Section shall be paid by May 1 of each calendar year. <br />D. The operational budget for implementing this Section prior to the first collection <br />of fees as set forth in Article VII shall be paid for out of City of Eugene general <br />funds. The operational budget thereafter shall be funded wholly by hazardous <br />substance user fees. <br />-31- <br />