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HomeMy WebLinkAboutOrdinance No. 20306 ORDINANCE NO. 20306 ~ ORDIN~CE ADOPTING THE 2004 HAZARDOUS SUBSTANCE T1L&C~NG INSTRUCTIONS FOR REPORTS DUE APRiL lr 2005 The City Conncil of the City of Eugene finds that: A. Amendment IV to the Eugene Charter of 2002 was adopted at the general election on November 5, 1996 (the "Amendment"). The Amendment provides in part that hazardous substance users in Eugene shall file an annual materials balance report that lists inputs and outputs of all hazardous substances obtained, used or generated. By Ordinance No. 20112 adopted by the Cmmcil and approved by the Mayor on April 6, 1998, by Ordinance No. 20137 adopted by the Council and approved by the Mayor on December 7, 1998, by Ordinance No. 20188 adopted by the Council and approved by the Mayor on February 28, 2000, and by Ordinance No. 20223 adopted by the Council and approved by the M<¥or on February 26, 2001, the City Council adopted the 1998, 1999, 2000 and 2001 Hazardous S[/bstance Reporting Forms and Instructions ("Ir~structions"), respectively. B. No substantive changes to the Hazardous Substance Reporting Forms and hastmctions were made in 2002 or 2003, thus the Hazardous Substance Reporting Forms and Instructions adopted by Ordinance No. 20223 continued in effect for reports due April 1, 2003, and April 1, 2004. C, The Toxics Board has reviewed the 1998, 1999, 2000, 2001 ~nstructions and developed the 2004 Hazardous Substance Tracking Instructions fbr reports due April 1, 2005° The 2©04 ~strucfions and the 2001 Instructions are substantially the same, except that the 2004 Instructions contain an exemption procedure and a list of reporting recommendations. The exemption process was added to comply with ORS 453.370(8) which requires that local gove~ents with a right to know regulatory program establish procedures to exempt, when reasonable, an entity from all or part of the local program where the local government dete~nines the operations of the entity pose little or no risk to the public health or the environment~ D. Like the Instructions for prior years, the 2004 Instructions include numerous provisions that describe provisions of the Amendment, give interpretations of the 3~nendment, and include provisions that are necessary to implement the )~nendment in a practicable mariner but which are not expressly contained in the Amendment. The Toxics Board has recommended that the Council adopt the 2004 Instructions. The Council approves the 2004 Instructions as being consistent with the terms and intent of the Amendment and ORS 453.370 adopted by the Oregon Legislature in the 1999 legislative session. The Council intends by this ordinance to adopt the 2004 Instructions as binding on those persons covered by its terms. The Council adopts this ordinance pursuant to its authority under both section 4 of the Ordinance- 1 Eugene Charter of 2002 and Article X of Amendment IV to the Charter. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: The 2004 HAZARDOUS SUBSTANCE TRACING INSTRUCTIONS, prepared by the Toxics Board, a copy of which is attached hereto as Exhibit A, are hereby adopted by the Cotmcil for reports d~.~e April I, 20050 The 2004 Hazardous Substance Tracking J~nstrucfions shall continue in effect for reports due April 1, 2006, and subsequent years, 'unless and until the Council adopts revisions to the ~structions. Adopted by the City Council this 3~'a day at'December, 2003 Approved by the Mayor this 3~a day of December, 2003 Ordinance - 2