HomeMy WebLinkAboutOrdinance No. 20123ORDINANCE NO.20123
AN ORDINANCE IMPLEMENTING AMENDMENT IV TO THE EUGENE
CHARTER OF 1976; PROVIDING FOR INTEREST AND PENALTIES FOR
UNPAID FEES DUE MAY,199S UNDER CHARTER AMENDMENT TV AND
RESOLUTION 4558; AND DECLARING AN EMERGENCY.
The City Council of the City of Eugene finds that:
A. Based on the findings contained therein, Resolution No. 4558 adopted by the Council
on March 16, 1998 established fees to be paid by hazardous substance users, as defined by
Amendment IV to the Eugene Charter of 1976 Charter Amendment}, which were required to be paid
on or before May 1,1998.
B. Hazardous substance users will file their first material balance reports on April 1,
1999. Article III-F of the Charter Amendment defines "hazardous substance user" as an owner
andlor operator of a "facility" within the City of Eugene that ~ 1 } has a total input of more than 2,644
pounds of hazardous substances during a calendar year, ~2}employs tenor more full-time equivalent
employees, and ~3} is not exempt.
C. Most persons who meet the thresholds for inputs of hazardous substances and number
of full-time equivalent employees know that they possess thane characteristics and therefore are
subj ect to the requirements of the Charter Amendment. Others, however, may not know until the
end of 1998 if their total input of hazardous substances meets the 2,640 pound threshold or whether
they will have had ten full-time equivalent employees during 1998.
D. The City Council wishes to provide incentives for persons who are clearly required
to pay fees to do sa in a timely manner; to avoid penalising persons who have not paid fees because
in good faith they do not know if they are subject to the requirements of the Charter Amendment;
and to provide appropriate penalties for persons who know or reasonably should know that
Resolution No. 4558 requires them to pay a fee, but have failed to report themselves as being subject
to the requirements of the Charter Amendment and have failed to pay the required fee.
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. As used in this Ordinance, the word "person" means an individual, corporation,
partnership, trust, association or other entity that owns, operates or controls a "facility," as that term
is def ned in Article III-D of the Charter Amendment.
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Section Z. For all persons who have received an invoice from the City of Eugene pursuant
to Resolution No. 4558, interest at the rate of 8% per annum shall accrue on any unpaid fee
beginning sixty X60} days after the due date on the invoice.
Section 3. All persons who will have ten X10} or more fu11-time equivalent employees and
more than 2,640 pounds of inputs of hazardous substances in calendar year 199$ are required to
report to the City of Eugene Fire Marshal's Office that they are subject to the requirements of the
Charter Amendment. The report is due June 30,1998, or ten X10}days after the facility commences
operations, whichever is later.
Section 4. Except as pravided in Section 5, any person who fails to comply with Section 3
of this Ordinance and who has fifteen X15} or more full-time equivalent employees and more than
4,000 pounds of inputs of hazardous substances in calendar year 1998 shall be subject to penalties
as follows;
A. A person who employed 15 or more full-time equivalent employees and had
more than 4,000 but less than 10,000 pounds of inputs shall pay as a penalty an additional
charge of 1 % of the unpaid fee for each full month the entity operated in Eugene during
calendar year 1998;
B. A person who employed 15 ar more full-time equivalent employees and had
more than 10,000 but less than 25,000 pounds of inputs shall pay as a penalty an additional
charge of 2% of the unpaid fee for each full month the entity operated in Eugene during
calendar year 1998;
C. A person who employed 15 or more full-time equivalent employees and had
more than 25,000 but less than 100,000 pounds of inputs shall pay as a penalty an additional
charge of 3% of the unpaid fee for each full month the entity operated in Eugene during
calendar year 1998;
D. ~ A person who emplayed 15 or more full-time equivalent employees and had
more than 100,000 pounds of inputs shall pay as a penalty an additional charge of 4% of the
unpaid fee for each full month the entity operated in Eugene during calendar year 1998.
Section 5. A person who fails to report as required by Section 3 of this Ordinance and who
otherwise would be subject to a penalty as provided in Section 4, may petition the Toxics Board for
a reduction of the penalty. The Toxics Board may reduce the amount of the penalty if the Board
finds that the person had good cause for failing to comply with Section 3. As used in this section,
"good cause" means that the person had a reasonable factual basis to believe, and did believe, that
the person would not have sufficient employees or inputs of hazardous substances to make the
person subject to the requirements of the Charter Amendment and Resolution No. 4558.
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Section b. To provide fair notice of the penalties described herein, and to provide for
equitable treatment of persons subj ect to fee requirements of Amendment IV to the Eugene Charter
of 1976 and Resolution No. 4558, an emergency is declared to exist, and this Ordinance shall
become effective immediately upon its passage by the City Council and approval by the Mayor,
retention by the Mayor for more than ten days or readoption over a mayoral veto by two-thirds of all
members of the City Council.
Passed by the City Council this Approved by the Mayor this
8~' of June,199S
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City Recorder
4rd~nance - 3
8~' day of June,1998