HomeMy WebLinkAboutOrdinance No. 19746ORDINANCE NO. 19746
AN ORDINANCE CONCERNING HAZARDOUS MATERIALS; AMENDING
SECTIONS 3.005, 3.045, 3.190, 3.192, 3.194, AND 3.196
OF THE EUGENE CODE, 1971, REPEALING SECTION 3.198 OF
THAT CODE, AND DECLARING AN EMERGENCY,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The definition of "Applicant" set forth under the Fire
Safety and Hazardous Materials Licensed Businesses definitions in Section
3.005 of the Eugene Code, 1971, is amended to provide:
3.005 Definitions. For the purposes of this chapter, the following words
and phrases shall mean:
Licensed Businesses
Fire Safety_ and Hazardous,,,, Materials:
A l~~cant~. A person who~~~~~~appl ies for a permit.
Section 2. Subsection ~1} of Section 3.045 of the Eugene Code, 1911,
is amended to provide:
3.045 Business Licenses - Administrative Civil Penalt .
. ~1} In addition to, and not in lieu of any other enforcement mech-
anism authorized by this code, upon a determination by the city manager or
his/her designee that a person has violated a provision of this chapter, a
rule adopted hereunder,.or a condition imposed on a license issued hereunder,
the city manager or designee may impose upon the violator and/or any other
responsible person an administrative civil penalty as provided by section
2.018 of this code. For purposes of this subsection, a responsible person
means the violator and any licensee for whom the violator works in either an
independent contractor ar employee capacity.
Section 3. Section 3,198 of the Eugene Code, 1911 is repealed, and
Sections 3.190, 3,192, 3.194, and 3.196 of that Code are amended, to provide:
3.190 Hazardous Materials - License or Interim Permit Re aired.
~1} Prohibition.
~a} No person shall store, use, handle, manufacture, process,
d~ spense and/or d~ spose of any regulated hazardous material as de-
Ordinance - 1
fined by subsection 8,20012} of this code unless:
1. A complete application for a hazardous materials
license has been submitted to the city prior to March 1, 1991,
but not yet acted upon;
2. A valid interim status hazardous materials permit has
been issued for the facility; or
3. A valid annual hazardous materials license has been
issued for the facility.
An application, interim status permit, or license will not be valid
if hazardous materials other than as identified therein are located
at the facility. When more than one hazardous materials license or
permit is required for the same facility, such licenses or permits
may be consolidated into a single hazardous materials license or
permit.
fib} No person shall refuse the city permission to enter upon.
or into a facility for purposes of determining whether hazardous
materials are present therein, or to conduct inspections or invesw
tigations pursuant to section 3.192 of this code.
~2} Interim status,.,,p,ermit.
~ a} An i nter~~~m status hazardous materials permit may be
issued upon:
1. Submission by the applicant of a completed applica-
tion for an annual hazardous materials license, including
therewith an emergency response contingency plan and payment
of any fees required to be submitted with the application;
2. Execution by the applicant and delivery to the city
of a certificate, on a form approved by the city, that the
applicant and the f ac i 1 i ty i s i n compliance with all appl ~ -
cable federal, state, and local laws, rules and regulations,
or, if the applicant cannot so certify, the applicant has
adopted and is implementing a plan satisfactory to the city
that wi 11 achieve such compliance;
3. Execution by the applicant and delivery to the city
of an agreement approved by the city that the applicant shall
hot d harmless the city, its officers, agents, and employees
for any claims of injury to persons or property that may arise
as a resul t of any activity carried on by the applicant at the
facility, and evidence satisfactory to the city that the appl~-
cant has met applicable financial responsibility requirements;
and,
4. Payment by the applicant of an interim status hazard-
ous materials permit fee.
However, the city may deny a permit if the city has knowledge that
issuance of the permit will impose a significant risk to public
health, safety or welfare.
fib} After an investigation as provided in section 3,192 of
this code, the city shall make a determination as to the class of
permit required. The city may attach such conditions to the permit
as are deemed necessary for the protection of the public health,
safety and welfare, and the app1 i cant shal 1 comply with al 1 such
conditions.
~c} An interim status permit shall remain valid until the
city approves or denies the applicant's annual license application
Ordinance - 2
ar revokes or suspends the permit.
~3} Annual license.
~a} An annual hazardous materials license may be issued pro-
vided:
1. The city is satisfied, following investigation, that
the f aci 1 i ty i s i n compliance with al 1 applicable federal ,
state, and local laws, rules and regulations, enabling the
faci 1 i ty to be operated safely, or the applicant agrees to
comply with any conditions imposed by the city on the license
designed to bring the facility into compliance and assure its
safe operation;
~. The applicant executes and delivers to the city an
agreement approved by the city that the applicant shall hold
harmless the city, its officers, agents, and employees for
any claims of injury to persons or property that may arise as
a result of any activity carried on by the applicant at the
facility, and evidence satisfactory to the city that the
applicant has met applicable financial responsibility require-
ments; and,
3. The appropriate fee for the class of annual license
is paid by the applicant.
The city may impose canditions vn a license specific to a particu-
lar facility as are deemed necessary for the protection of the
public health, safety and welfare, and the applicant shall comply
with all such conditions.
fib} An annual license shall remain valid for a period of one
year from the date issued unless revoked or suspended prior thereto
by the city.
~c} A licensee desiring to renew an annual license must sub-.
mit an application for renewal at least 60 days prior to the expira-
tion of the current license.
3.19 Hazardous Materials - Investi ation.
~I} If the city has a reasonable basis for believing that hazard-
ous materials are present at a facility for which no application far an in-
terim status permit or annual license has been submitted, the city may con-
duct an inspection of the facility. If the inspection results i n a determi -
nation that a hazardous materials license is required, the city's costs in
making the inspection may be added to the application fee.
. ~2} Upon receipt of an application for an interim status permit or
annual license, the city may conduct an investigatian to determine whether to
approve or deny the applicatian and what class of permit or license is requir-
ed.
~3} After issuance of an interim status permit or annual license,
and in addition to any investigations made in response tv applications for
renewal thereof, the city may, from time to time, conduct an inspection of
the facility to determine its continued compliance with applicable federal,
state, and local laws, rules and regulations, and any canditions imposed on
the permit or license.
~4} In the event special expertise is necessary to determine the
class of hazardous materials permit or license required, or whether the oper-
ation or business is conducted in a safe manner and in compliance with all
Ordinance - 3
federal, state and local laws, rules and regulations, the applicant, per-
mi ttee, or licensee shall hire at its expense an independent contractor,
acceptable to the city, to make the inspection and determination.
3.194 Hazardous Materials - Rules and Fees.
~1} In addition to the requirements of section 3.190 of this
code, the city manager may adapt by administrative rule pursuant to the pro-
visions of section 2.019 of this code, more specific procedures and criteria
far issuance of interim status permits, annual licenses, inspections, and
investigations.
~2} The city manager shall establish, pursuant to the provisions
of section 2.020 of this code, interim status permit, license, investigation,
and such other fees as may be necessary to administer the provisions of sec-
tions 3.190 to 3.196.
3.795 Hazardous Materials -Suspension/Revocation of Interim Status Per-
mit or License. The city may suspend or revoke a hazardous mater-
ia]s interim status permit or license pursuant to the provisions of sections
3.050 and 3.055 of this code upon violation of section 3.190 of this code or
a violation of any condition imposed on an interim status permit or annual
license, or rule or regulation adopted under section 3.194, ar if the facil-
ity poses an unreasonable risk of harm to workers, the environment, or the
public health, welfare or safety.
Section 4. The City Recorder, at the request of, or with the concurrence
of the City Attorney, may administratively correct any reference errors con-
tained herein, or in other provisions of the Eugene Code, 1971, to the provi-
sions added, amended or repealed herein.
Section 5. That the matters contained herein concern the public health,
welfare and safety and therefore, an emergency i s hereby declared to exist,
and this ordinance shall became effective immediately upon its passage by
the City Council and approval by the Mayor, retention by the Mayor for mare
than ten days, or readoption over a mayoral veto by two thirds of all
members of the City Counci 1.
Passed by the City Council this
28th day of January, 1991
~~ ~~
City Recorder
Approved by the Mayor this
28th day of January, 1991
ayor
Ordinance - 4