HomeMy WebLinkAboutResolution No. 4759
RESOLUTION NO. 4759
A RESOLUTION ESTABLISHING AND DECLARING THE CITY OF
EUGENE'S COMPLIANCE WITH ORS 453.370(4) AND ORS 453.370(7),
CONCERNING LIMITATION ON LOCAL COMMUNITY RIGHT TO
KNOW REGULATORY PROGRAMS
The City Council of the City of Eugene finds that:
A. Amendment IV to the Eugene Charter of 1976 (now "Eugene Charter of2002") was
adopted at the general election on November 5, 1996. 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.
B. In 1999 the Oregon Legislative Assembly adopted Oregon Revised Statutes (ORS)
453.370, establishing limitations on local community right to know regulatory programs. ORS
453.370(4) requires local governments with right to know regulatory programs to provide an
opportunity for written and oral public comment on the program and requires those local
governments to make a number of determinations. ORS 453.370(7) requires local governments to
provide the public with an opportunity to comment on the appropriateness of the reporting
requirement for any hazardous substance or toxic substance that a local government requires an
employer to report under a local community right to know regulatory program. Pursuant to ORS
453.370(11), subsections (4) and (7) do not apply to the City of Eugene' s regulatory program until
July 1,2003.
C. On June 4, 2002, the City of Eugene asked the Oregon State Fire Marshal's Office
to operate Eugene's Toxics Right-to-Know program. The State Fire Marshal's Office declined in
writing on December 10, 2002.
D. In April 2003, the City of Eugene requested comments on the City of Eugene's Toxics
Right-to-Know Program from the Oregon Department of Environmental Quality (DEQ), the State
Fire Marshal's Office, and the Oregon Department of Human Services. DEQ and the State Fire
Marshal's Office declined to comment.
E. In May 2003, the Eugene T oxics Board provided the public an opportunity for written
and oral comment on the City's Right-to-Know Program. Following public notice and written notice
to interested parties, on May 5, 2003, the Eugene Toxics Board held a public hearing regarding the
City's Right-to-Know regulatory program. At the hearing both oral and written testimony was
presented to the Toxics Board regarding the City's regulatory program.
F. At the May 5, 2003, public hearing the Eugene Toxics Board sought written and
public comment on the appropriateness of reporting the hazardous substances that an employer is
required to report including public comment on health and environmental considerations, economic
concerns and feasibility of compliance.
G. Existing reporting requirements to state or federal agencies, and to local agencies
other than the City of Eugene, are inadequate to meet the needs and concerns of the City of Eugene.
H. The state or federal government does not collect data that will provide substantially
the same information desired by the City of Eugene.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Section 1. The City of Eugene has complied with ORS 453.370(4) by providing the public
with an opportunity to submit written and oral comment on the City's Right-to-Know program, by
making the required determinations, and by contacting the required state and federal agencies.
Section 2. The City of Eugene has complied with ORS 453.370(7) by providing the public
with an opportunity to submit written and oral comment on the City's list of hazardous substances
that an employer is required to report under the City's Right-to-Know program.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted the 23rd day of June, 2003.
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