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Eugene Code <br />(2) <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 authorize any person to carry out any removal action in <br />accordance with any requirements of or directions from the city <br />manager, if the city manager determines that the person will commence <br />and complete removal action properly and in a timely manner. <br />(3) <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 require any responsible party to conduct any removal <br />action necessary to protect the public health, safety and welfare. The <br />city manager's action under this subsection may include but need not <br />be limited to issuing an order specifying the removal action the person <br />must take. An order of the city manager is appealable only as provided <br />by subsection (4) of this section. <br />(4) <br /> Any person who receives and complies with the terms of an order <br />issued pursuant to subsection (3) of this section may, within 60 days <br />after completion of the required action, petition the city manager for <br />reimbursement for the reasonable costs of such action. If the city <br />manager denies reimbursement, the person may appeal the city <br />manager's denial to a hearings officer in accordance with the timelines <br />and procedures established by section 2.021 of this code. To obtain <br />reimbursement, the person must establish by a preponderance of the <br />evidence that the person is not a responsible party, and that the costs <br />for which the person seeks reimbursement are reasonable in light of the <br />action required by the relevant order; these criteria are the sole basis <br />for reimbursement. <br />(5) <br /> If any responsible party fails without sufficient cause to conduct a <br />removal action as required by an order of the city manager issued <br />under subsection (3) of this section, the responsible party shall be liable <br />to the city for the city's removal action costs and for punitive damages <br />not to exceed three times the amount of the city's removal action costs. <br />(Section 6.370 added by Ordinance No. 19862, enacted June 22, 1992, effective July 22, 1992.) <br /> <br />6.375 Hazardous Substance - Prohibition on Building <br />. Where the city manager <br />has reason to believe that a proposed building site is contaminated by a <br />release of hazardous substances, and that such contamination poses an <br />imminent threat to the public health, safety and welfare, the city manager <br />may refuse to issue a building permit, or where a permit has been issued, <br />stop work on the permit, until such time as a removal action is implemented. <br />If the responsible party can demonstrate that construction and the removal <br />action can occur simultaneously, and satisfies the city manager that the <br />removal action will continue even if construction is allowed to proceed, the <br />city manager may authorize construction to continue or may issue permits <br />prior to completion of the removal action. In order to ensure completion of <br />the removal action, the city manager may require a bond in an amount <br />sufficient to cover the costs of the removal action. <br />(Section 6.375 added by Ordinance No. 19862, enacted June 22, 1992, effective July 22, 1992.) <br />