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Eugene Code
<br />The authorizations contained in sections 6.340 to 6.380 of this code are in
<br />addition to any other authority the city manager may have under other
<br />provisions of this code or applicable federal or state laws or regulations.
<br />(Section 6.345 added by Ordinance No. 19862, enacted June 22, 1992, effective July 22, 1992.)
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<br />6.350 Hazardous Substance - City Manager Authority to Undertake Removal
<br />Action
<br />.
<br />(1)
<br /> In addition to any other authority granted by law, the city manager,
<br />when he or she has reason to believe that hazardous substances pose
<br />imminent threats to the public health, safety or welfare, may:
<br />(a) Undertake independently, in cooperation with others or by
<br />contract, investigations, studies, sampling, monitoring,
<br />assessments, surveying, testing, analyzing, planning, inspecting,
<br />training, engineering, design, construction, operation,
<br />maintenance and any other activity necessary to conduct removal
<br />action and to carry out the provisions of sections 6.345 to 6.380.
<br />(b) Recover the city's removal action costs.
<br />(2)
<br /> Each responsible party is jointly, severally and strictly liable for those
<br />removal action costs incurred by the city that are attributable to or
<br />associated with a facility.
<br />(Section 6.350 added by Ordinance No. 19862, enacted June 22, 1992, effective July 22, 1992.)
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<br />6.355 Hazardous Substance - Prohibition on Releases
<br />. Unless authorized by
<br />state or federal law, no person may release, or cause to be released, any
<br />hazardous substance into the environment, or into the waters upstream of
<br />the boundaries of the city when such release results in detectable levels of
<br />contamination in the waters that subsequently enter the city's jurisdiction.
<br />(Section 6.355 added by Ordinance No. 19862, enacted June 22, 1992, effective July 22, 1992.)
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<br />6.360 Hazardous Substance - Duty to Report
<br />. Any person who releases, or who
<br />causes or discovers a release of, a hazardous substance into the
<br />environment shall immediately report the release to the city if state or federal
<br />law imposes an obligation on such person to report the release to a state or
<br />federal agency.
<br />(Section 6.360 added by Ordinance No. 19862, enacted June 22, 1992, effective July 22, 1992.)
<br />
<br />6.365 Hazardous Substance - Assessment, Evaluation and Investigation
<br />.
<br />(1)
<br /> The city manager, when he or she has reason to believe that hazardous
<br />substances pose imminent threats to the public health, safety or
<br />welfare, may undertake any assessment, evaluation or investigation of
<br />known or suspected contamination where necessary to protect the
<br />public health, safety and welfare. Notwithstanding the foregoing,
<br />nothing in this section 6.365 authorizes the city manager to undertake,
<br />or to order any action related to property which is subject to an
<br />enforceable order issued by the Oregon Department of Environmental
<br />Quality or United States Environmental Protection Agency if the order
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