HomeMy WebLinkAboutOrd. 20612COUNCIL ORDINANCE NO. 20612
COUNCIL BILL 5205
AN ORDINANCE ADOPTING HAZARDOUS SUBSTANCE USER
FEES FOR THE FISCAL YEAR COMMENCING DULY 1, 2019, AND
PROVIDING FORAN IMMEDIATE EFFECTIVE DATE.
ADOPTED: April 15, 2019
SIGNED: April 16, 2019
PASSED:8
RESECTED:
OPPOSED:
ABSENT:
EFFECTIVE: Immediate
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ORDINANCE NO. 20612
AN ORDINANCE ADOPTING HAZARDOUS SUBSTANCE USER FEES FOR
THE FISCAL YEAR COMMENCING JULY 1, 2019, AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
The City Council of the City of Eugene finds that:
A. Pursuant to Article VII of Amendment IV to the Eugene Charter of 2002 (the
"Amendment'), the City Council has previously adopted Resolutions and Ordinances establishing
fees to be paid by hazardous substance users within the City with the most recent being
Ordinance No. 20589 which established fees to be paid by hazardous substance users for the
fiscal year commencing July 1, 2018.
B. In accordance with other requirements of the Amendment, the City Council, by
ordinance, has adopted the City's Hazardous Substance Tracking Instructions, which provide
guidance to hazardous substance users in completing and submitting the reports required by the
Amendment.
C. Pursuant to ORS 453.370(2)(a), the City must adopt the hazardous substance user
fee schedule via ordinance after notice and public hearing. The City published and posted notice
of the public hearing to be held on April 15, 2019, concerning the proposed ordinance adopting
hazardous substance user fees, and such hearing was held before the Eugene City Council on
that date.
D. Pursuant to ORS 453.370(2)(b), the City cannot adopt a fee schedule that imposes
a fee of more than $2,000 for any single facility in any calendar year.
E. The Toxics Board has recommended a fee of $62.23 per FTE, not to exceed
$2,000 for any single facility for the 2019 calendar year, in order to cover the expenses of the
program for the fiscal year commencing July 1, 2019.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. A fee of $62.23 per FTE, not to exceed $2,000 for any single facility for the
2019 calendar year, is hereby imposed as the fee to be paid by hazardous substance users within
the City of Eugene.
Section 2. No enforcement action shall be taken against any reporting company for
failure to pay until after June 1, 2019.
Section 3. As used in this Ordinance, the terms "FTE" and "hazardous substance
users" have the meanings ascribed to them in Section 3.692 of the Eugene Code, 1971.
Section 4. The fees collected pursuant to this Ordinance shall be used for the purpose
of operating the Toxics Right -to -Know Program created by Amendment IV to the Eugene Charter
of 2002 and implemented by subsequent ordinances of the City.
Ordinance - Page 1 of 2
Section 5. Pursuant to Section 32(2) of the Eugene Charter of 2002, with the
affirmative vote of two-thirds of the members of the City Council, this Ordinance shall become
effective immediately upon adoption by the City Council and approval by the Mayor. An
immediate effective date is necessary to ensure the City's updated hazardous substance user
fees are effective prior to May 1, 2019, as required by Eugene Code section 3.694 and Article VII
of Amendment IV to the Eugene Charter of 2002.
Passed by the City Council this
151h day of April 2019.
RecorderCity
Ordinance - Page 2 of 2
Approved by the Mayor this
1(P day of April, 2019.
Mayor