HomeMy WebLinkAboutOrdinance No. 19862ORDINANCE N0. l~1$(~Z
AN ORDINANCE CONCERNING HAZARDOUS SUBSTANCE DISCHARGE
AND REMOYAI; ADDING SECTIONS 6.344, 6.345, 6.350, 6.355,
6.360, 6.365, 6.310, 6.3T5, AND 6.380 TO THE EUGENE
CODE, 191I; AND AMENDING SECTION 6.99Q OF THAT CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section I. The following caption and Sections 6.340, fi.345, 6.350, 6.355,
6.36D, fi.3fi5, fi.37O, 6.315, and 6.38D are added to the Eugene Code, 1971, to
provide:
HAZARDOUS SUBSTANCE DISCHARGE AND REMOVAL
6.340 Hazardous Substance -Definitions. For purposes of sections 6.345
to 6.380, the fol 1 owi ng words and phrases mean
City Manager. City Manager or designee.
Environment . Waters i n the city, surface and underground
drinking water supply, land surface, subsurface strata and ambient
a~ r.
Faci 1 i t . Any site or area where a hazardous substance has
been deposited, stored, disposed of, or placed, or otherwise come
to be located and where a release has occurred or where there is a
threat of a rel ease, but does not include any consumer product i n
consumer use or any vessel.
Hazardous Substance. Any hazardous waste as defined i n ORS
466.005; any substance defined as a hazardous substance pursuant to
Section 1D1 ~ 14} of the 'Federal Comprehensive Environmental Response,
Compensate on and L~ ab~ 1 i ty Act, P.L. 96-510, as amended, and P.L.
99-499; of 1, including gasoline, crude oil , fuel oil , diesel oil ,
1 ubri cati ng of 1, oil sludge or refuse of any other petrol eum-
rel ated product or waste or fraction thereof that i s 1 i quid at a
temperature of fiO degrees fahrenhei t and pressure of 14.1 pounds per
square inch absolute.
Dwner or o erator. Any person who owned, leased, operated,
controlled or exercised significant control over the operation of
a faci 1 i ty. "owner or operator" does not incl ude a person, who,
without participating in the management of a facil ity, holds indicia
of ownership pri mari 1 y to protect a securi ty interest i n the
facility.
Person. An individual , trust, firm, jai nt stock company, joi n
venture, consortium, co~nercial entity, partnership, association,
corporation, cormnission, state and any agency thereof, political
subdivision of the state, interstate body or the Federal Government
including any agency thereof .
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Release, Any spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, escaping, leaching, dumping or
disposing into the environment including the abandonment or
d~ scard~ ng of barrels, containers, underground storage tanks and
other closed receptacles cantai n i ng any hazardous substance, or
threat thereof, but excludes:
~a} Any release which results in exposure to a person
solely within a work place, with respect to a claim that the
person may assert against the person's employer under ORS
chapter 65fi;
fib} Emissions from the engine exhaust of a motor
vehicle, rolling stack, aircraft, vessel or pipeline pumping
station engine;
~c} Any release of source, by-product ar special
nuclear material fram a nucl ear incident, as these terms are
defined i n the Atomic Energy Act of 1954, as amended, i f such
release i s subject to requirements with respect to financial
protection established by the Nuclear Regulatory Commission
under section 170 of the Atomic Energy Act of 1954, as
amended, or, for the purposes of any removal or remedial
action, any release of source by-product or special nuc1 ear
material from any processing site designated under section
IOZ~a} ~1} or 302~a} of the Uranium Mill Tailings Radiation
Control Act of 1978;
~d} A di scharge i n accordance with federal , state or
1 ocal governing regulations or permits of the Lane Regional
A~ r Pol l ut~ on Authors ty, wi th a Nati oval Po11 utant Discharge
Elimination System Permit, with waste discharge requirements
established by the Oregon Department of Environmental Quality
~DEQ} , or w~ th the sewer pretreatment requirements of the
Industrial Monitoring Section of the city's Public Works
Department's Wastewater Division;
~ e } The normal application of f ert i 1 i zer;
~f} Application of pesticides as defined by ORS fi34,
when such appl ~ cats on ~ s made within the provision of
applicable state and federal regulations;
~g } Application of agricultural 1 ime, gypsum and other
agr~ cul tural/hort ~ cul tural soil amendments when made for that
purpose and according to current industry practice;
~ h } , Appl ~ cat ~ on of water based paint, when used as
athl eta c f ~ el d marks ng; and
~i} Any release from a residential heating oil tank
serving an owner-occupied single f ami 1 y dwelling .
Removal , The cleanup ar removal of a rel eased hazardous
substance fram the environment, such actions as may be necessary in
the event of the threat of release of a hazardous substance into the
environment, such actions as may be necessary to monitor, assess and
evaluate the release or threat of release of a hazardous substance,
the d~ sposal of removed material , or the taking of such other
act i ans as may be necessary to prevent, minimize or mitigate damage
to the publ ~ c health, safety or welfare which may otherwise resul t
from a rel ease or threat of release. "Removal " also includes but
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i s not 1 i mi ted to security fencing ar other measures to 1 i mi t
access, provi s i vn of alternative drinking and household water
supplies, temporary evacuation and housing of threatened individual s
and action taken under DR5 465,260.
Removal cti on costs. Reasonabl a costs which are attri butabl e
to or assaci ated wi th a removal action at a faci 1 i ty, including but
not limited to the costs of administration, i nvest i gat i an, 1 ega1 or
enforcement activities, contracts and health studies.
R,,e,s,pon bl,,,e, Party. The current owner or operator; any owner
ar operator at or during the time of the acts or omissions that
resulted i n the release; any owner or operator who became the owner
or operator after the time of the acts or omissions that resulted
i n the release, and who knew or reasanab1 y should have known of the
ref ease when the person first became the owner ar operator; any
owner or operator who obtained actual know1 edge of the release at
the faci 1 i ty during the time the person was the owner or operator
of the fac~l qty and then subsequently transferred ownership or
operation of the facility to another person without disclosing such
knawl edge; ,any person who unlawfully hinders or delays entry to,
~ nvest~ gate on of or removal action at a faci 1 i ty; and any person
who, by any acts or omissions, caused, contributed to, or
exacerbated the release, unless the acts or omissions were i n
material compliance with applicable 1 aws, standards, regulations,
1 ~ censer or perms is .
Underground storage,,,,,,,tank. Any one or combination of tanks and
underground pipes connected to the tank, used to contain an
accumulation of a regul ated substance, and the volume of which,
including the volume of the underground pipes connected to the tank,
is ten percent or more beneath the surface of the ground.
~1a Includes 1 akes, ponds, impounding reservoirs,
springs, wells, rivers, streams, creeks, estuaries, canals, and al 1
other bodies of surface or underground waters, natural or
artificial , public or private, which are wholly or partially wi th i n
the city or within its jurisdiction.
6.345 Haz,,ar, dam, ,,,S„gbstance - PurQose. The release of hazardous substances
into the environment may present imminent and substantial threats
to, the public health, safety and welfare. In some, but not all cases, the
United States Environmental Protection Agency ar the Oregon Department of
Environmental Quality became involved to ensure cleanup of contamination . I t
i s not the intent of sections 6.345 to 6.380 of this code to have the city
become involved where the Env i ranmental Protection Agency and Department of
Environmental Quality are involved. Due to the 1 i mi ted resources of the
Environmental Protection Agency and Department of Environmental Quality,
however, those agencies do not always have the obi 1 i ty to immediately respond
to the release or identification of hazardous substances which threaten the
public health, safety and welfare. The purpose of sections 6.345 to 6.380 i s
to minimize those threats by ensuring:
. ~ a~ Prompt identification of discharges or threats of
d ~ scharges ~ nta the environment of hazardous substances which
present imminent risks to the public health, safety and welfare;
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and
fib} ~Irnplementation of removal actions.
The authari zati ons contained i n sections fi.340 to fi.380 of this code are i n
addition to any other authority the city manager may have under other provision s
of the s code or appl ~cabl a federal or state 1 aws or regulations.
fi.350 Hazardous S bstance - Cit Mana er A thorit to Undertake Removal
Action.
_____
~ 1 } ~ n addition to any other authority granted by law, the city
manager, when he or she has reason to believe that hazardous substances pose
imminent threats to the public health, safety or welfare, may:
~a} Undertake independently, in cooperation with others ar
by contract, investigations, studies, sampling, monitoring,
assessments, surveying, testing, analyzing, planning, inspecting,
training, engineering, design, construction, operation, maintenance
and any other activity necessary to conduct removal action and to
carry out the provisions of sections 6.345 to fi.380.
fib} Recover the city's removal action costs.
~~} Each responsible party is jointly, severally and strictly
1 i abl a for those removal action casts incurred by the city that are attri butabl e
to or associated with a facility.
6.355 Hazardous Subs,t,,,ance,~- _P,,,ro,h i bi t,.~„o,,n,~„on Releases . Unless authorized
by state ar federal 1 aw, no person may release, ar cause to be
released, any hazardous substance into the environment, or into the waters
upstream of the baundari es of the city when such release results i n detectabl e
1 evel s of cantami nati on i n the waters that subsequently enter the city's
jurisdiction.
fi.360 Hazardous Substance - Dut to Re ort. Any person who releases, or
who causes or di scovers a rel ease of, a hazardous substance into the
environment shat 1 ir~edi ately report the release to the city i f state or federal
law imposes an obligation on such person t0 report the release to a state or
federal agency.
fi.3fi5 Hazardous Substance -Assessment Evaluation and Investi ati on.
~ l } The city manager, when he or she has reason to believe that
hazardous substances pose imminent threats to the public health, safety or
welfare, may undertake any assessment, evaluation or investigation of known yr
suspected contamination where necessary to protect the public health, safety and
welfare. Notwithstanding the foregoing, nothing in this section fi.3fi5
authorizes the city manager to undertake, or to order any action related to
property which is subject to an enforceable order issued by the Oregon
Department of Envi ranmental Quality or United States Environmental Protection
Agency i f the order requires investigation ar tamed i ati an of suspected or known
contamination.
~ ~ } The city manager, when he yr she has reason to believe that
hazardous substances pose i rmni Went threats to the public health, safety or
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welfare, may authari ze any person to carry out any assessment, evaluation or
investigation i n accordance with any requirements of ar directions from the city
manager, i f the city manager determines that the person wi 11 commence and
complete the assessment, evaluation or investigation praperl y and i n a t i mel y
manner.
~3} The city manager, when he or she has reason to believe that
hazardous substances pose imminent threats to the public health, safety or
welfare, may require any responsible party to conduct any assessment, evaluation
or investigation which the city manager determines is necessary to protect the
pubs i c health, safety and welfare. An order of the city manager i s appeal abl e
only as provided by subsection ~4} of this section.
~4} Any person who receives and complies with the terms of an
order issued pursuant to subsection ~3 } of this section may, within 60 days
after completion of the required action, petition the city manager for
reimbursement for the reasonable casts of such action. If the city manager
denies reimbursement, the person may appeal the city manager's denial to a
hearings officer i n ,accordance with the timelines and procedures established by
section 3.060 of this code. To abta~n reimbursement, the person must establish
by a preponderance of the evidence that the person i s not a responsi bl a party,
and that the costs far which the person seeks reimbursement are reasonable in
1 i ght of the action required by the relevant order; these criteria are the sol e
basis for reimbursement.
~5} If any responsible party fai 1 s without sufficient cause to
conduct an assessment, evaluation or investigation as required by an order of
the city manager under subsection ~3} of this section the responsible party
shall be 1 fable to the city for the city's removal action costs and for punitive
damages not to exceed three times the amount of the city's removal action casts .
6.310 Hazardous Substance -Removal Action.
~ 1 } The city manager, when he or she has reason to bet i eve that
hazardous substances pose imminent threats to the public health, safety or
welfare, may undertake any removal action necessary to protect the publ i c
health, safety, and welfare. Notwithstanding the foregoing, nothing in this
section authorizes the city manager to undertake or order any action related to
property which i s subject to an enforceable order issued by the Oregon
Department of Environmental Quality or United States Environmental Protection
Agency i f the order requires investigation or removal of suspected or known
contamination .
~2} The city manager, when he or she has reason to believe that
hazardous substances pose imminent threats to the public health, safety or
welfare, may authorize any person to ~ carry out any removal action i n accordance
with any requirements of or directions from the city manager, if the city
manager determines that the person wi 11 commence and camel ete removal action
properly and i n a t a mel y manner.
~3} The city manager, when he or she has reason to believe that
hazardous substances pose imminent threats to the public health, safety or
welfare, may require any responsible party tv conduct any removal action
necessary to protect the public health, safety and welfare. The city manager's
action under this subsection may include but need not be 1 i mi ted to issuing an
order specifying the removal action the person must take. An order of the city
manager i s appealable only as provided by subsection ~4} of this section.
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~4~ Any person who receives and complies with the terms of an
order issued pursuant to subsection ~3~ of this section may, within 60 days
after completion of the required action, petition the city manager far
reimbursement for the reasonable costs of such action. If the city manager
denies reimbursement, the person may appeal the city manager's denial to a
hearings off i cer i n ,accordance with the timelines and procedures established by
section 3.060 of this code. To obtain reimbursement, the person must establish
by a preponderance of the evidence that the person i s not a respons i bl a party,
and that the costs for which the person seeks reimbursement are reasonable i n
1 i ght of the action required by the relevant order; these criteria are the sol e
basis for reimbursement.
~5~ If any responsible party fai 1 s without sufficient cause to
conduct a removal action as required by an order of the city manager issued
under ~subsecti an ~3} of this section, the responsible party shall be l i ab1 a to
the city for the qty's removal action costs and for punitive damages Hat to
exceed three times the amount of the city's removal action costs.
6.315 Hazardous Substance -Prohibition on Bui 1 di n . Where the city
manager has reason to believe that a proposed bui 1 d i ng site i s
contaminated by a rel ease of hazardous substances, and that such contamination
poses an i~ni Went threat to the public health, safety and welfare, the ci t
~ r Y
manager may ref use to ~ ssue a ,bu ~ 1 d~ ng perms t, or where a perms t has been
~ ssued, stop work on the perms t, unt i 1 such time as a removal action i s
implemented. If the responsible party can demonstrate that construction and the
removal action can occur simultaneously, and satisfies the city manager that the
removal action will continue even i f constructi on i s allowed to proceed, the
city manager may authorize construction to continue or may issue permits prior
to completion of the removal action. In order to ensure completion of the
removal action, the city manager may requi re a bond i n an amount sufficient to
cover the costs of the removal action.
6.380 Hazardous Substance -,.,,V,iolations In addition to the penalties set
forth i n subsections ~8~ , ~9} , and ~ 10} of section 6.990 of th i s
code:
. ~a} For violations of sections 6.345 to 6.315 of this code,
the c~ ty manager may proceed either by imposing an administrative
civil penalty pursuant to section 2.018 of this code, except that
the amount of the penalty shall be governed by subsection ~b~ of
this section or subsections ~8}, ~9} or ~10~ of section 6.990, or
by citing responsible party into municipal court.
~b~ In setting the amount of a ci vi 1 penalty, the city
manager ~ for an adm~ ni strati ve ci vi 1 penal ty~ and the municipal
court shall impose a penalty sufficient t0 deter persons from
v~olat~ng sections 6.345 to 6.315 of this code, and shall be not
less than three times the economic benefit which the respan s i bl e
party would derive i f the violation had not been di scavered.
Section 2. Sect i On 6.990 of the Eugene Code, 1911, i s amended by add i n
9
Ord i Hance - 6
subsections ~8~, ~9~, and ~10~ thereto, to provide:
6.990 Penal ti es - Spedf i c.
~8~ Any person who violates section 6.3fi5 of this code by
continuing construction after receiving a stop work order shall be subject to
civil penalties not to exceed $500 per day,
~9} Any person who intentionally, knowingly, or recklessly
ref eases, or causes to be ref eased, hazardous substances i n v i al at i an of section
fi.355 of this code shall be subject to a criminal penalty not to exceed one year
in jail and a fine of $2,500, or a civil penalty not to exceed X5,000 per day.
Such penalties shall be i n addition to, and not i n 1 i eu of payment for removal
action costs.
~ 10 j Any person who violates section 6.360 of this code by f a i 1 i ng
to report a rel ease or the discovery of contamination as a resul t of a previ ous
rei ease shal 1 be subject to ci vi 1 penalties not to exceed $5, 000 per day.
Section 3. The City Recorder, at the request of, or with the concurrence
of the City Attorney, i s authorized to administratively correct any reference
errors contained herein, ar in other provisions of the Eugene Code, 1911, to the
provi si ans added, amended or repealed herein,
Passed by the City Council this
2Z`~day of ~~~.. 1992
~~- a
City Recorde
Approved by the Mayor th ~ s
~~ day of ~ , 199
;~
r, /~
Mayor
Ordinance - T