HomeMy WebLinkAboutOrdinance No. 19983ORDINANCE NO. ~ % ~l ~~
A SPECIAL ORDINANCE G G AN EXEMPTION TO
THE APPLICATION OF EUGENE CODES 1971, SECTIGN
6.20; AND DECLARING AN EMERGENCY.
The City Council of the City of Eugene finds as follows:
A, Section b.2~o of the Eugene Cvde, 1971, proscribes the practice of open
burning within the City of Eugene with specified exceptions to this ban. This ordinance is
a component of local measures designed to assure compliance with federal ambient air
qualilty standards.
B, Maintenance and enhancement of air quality is critical to the health and
welfare of metropolitan area residents, the area's ability to attract new businesses, and the
avoidance of sanctions for noncompliance.
C. The Eugene-Springfield Metropolitan Area General Plan (Metro Plan
adopted and acknowledged in 1982, identifies the West Eugene Industrial Area as a major
growth area far the City.
D. The West Eugene Wetlands Special Area Study was adopted by the City
Council on May 2,1992 by Ordinance No.19853 as a refinement to the Metro Plan. The
West Eugene Wetlands Study sets forth a policy for preserving significant wetlands in Nest
Eugene, allowing development of lower quality wetlands, and establishing a system for
mitigation of filled wetlands. The Study also includes policy for managing the preserved
wetlands in public ownership.
E. Management of these wetlands and preservation of plant species requires a
"species protection" open burning of vegetation for scientific purposes and to faster growth
of wetlands species in the area noted on the map attached as Exhibit A hereto and
incorporated herein by reference. This burning of these plants will restore the area to its
historical condition and replicate the indigenious environment for the plants.
F. A limited and special exception to the open burning ban in Eugene Code,
1971, Section b.2oU is necessary for this purpose. This limited exception is based upon the
high costs and limited practicability of alternative vegetation control methods, the limited
nature of the expected burns, air pollution control strategies that will be employed to
prevent significant degradation of air quality, the special recognition given to this area and
habitat in the comprehensive planning documents, the City's direct responsibility under those
plans far preservation of the natural resources in this area, and the general public benefit
derived from the preservation of this habitat. This limited exception is unique and should
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not serve as precedent for future exceptions or signal any relaxation of the City's
commitment to preservation of air quality.
G. F.~ceptions to the open burning ban have been previously granted by the City
Council by Eugene ordinance No.19443 enacted August 13,1986, Eugene ordinance No.
19493 enacted July 27,1957, Eugene ordinance 19634 enacted September 11, 1989, and
Eugene Ordinance 19715 enacted September 12,1990. An exception is again necessary to
ensure the continued proper management of this natural resource area.
NOW, THEREFORE,
THE CITY QF EUGENE DQES QRDAIN AS FQLLQwS:
Section 1. The findings set forth above are adopted.
Section 2. The City shall continue to use its outdoor burning ordinance as one
method for maintaining and improving air quality of the metropolitan area.
Section 3. An exception to the application of Eugene Code, 1971, Section 6.200 is
given to the Bureau of Land Management to conduct one "species protection" open burning
of vegetation for scientific purposes and to foster growth of wetlands species in the area
noted on the map attached as Exhibit A hereto and incorporated herein by reference,
providing the following conditions are met:
a. Prior to commencement of any burn, the Bureau of Land
Management shall give notice to the Eugene Fire Marshal and the Lane
Regional Air Pollution Authority and shall obtain the approval of those
agencies to conduct the burn in the time, place and manner proposed.
b. The burn area shall be no greater than one acre.
c. Environmental protection and fire suppression strategies,
personnel and equipment (including wind direction, moisture regime, and fire
fighting equipments shall be approved in advance by the Eugene Fire Marshal
and Lane Regional Air Pollution Authority. The Bureau of Land
Management shall comply with all conditions imposed by those agencies.
1994.
d. This one time burn shall occur not later than December 31,
e. The Bureau of Land Management assumes responsibility far
providing all equipment and personnel associated with the burn and for
complying with all applicable federal, state and local laws.
Section 4. That the matters contained herein concern the public welfare and safety
and therefore, an emergency is hereby declared to exist, and this Ordinance shall become
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effective immediately upon its passage by the City Council and approval by the Ma or,
y
retention by the Mayor far aver ten days, or readoption over a mayoral veto by two thirds
of all members of the Council.
Passed by the City Council this
12th day of September, 1994
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City Recorder
Approved by the Mayor this
12th day of September, 1994
Mayor
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