HomeMy WebLinkAboutOrdinance No. 20189
ORDINANCE NO. 20189
AN ORDINANCE CONCERNING A HAZARDOUS
SUBSTANCE USER FEE; AND ADDING SECTIONS 3.690,
3.692 AND 3.694 TO THE EUGENE CODE, 1971.
The City Council of the City of Eugene finds that:
A.
Pursuant to Article VII of Amendment IV to the Eugene Charter of 1976 (the
Amendment), the City Council has previously adopted Resolution No. 4587 establishing fees to be
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paid by hazardous substance users within the City of Eugene for the 1999 fiscal year.
B.
The Amendment also requires that hazardous substance users within the City file an
annual materials balance report that lists inputs and outputs of all hazardous substances obtained,
used or generated within the City. Ordinance No. 20137 adopted by the City Council and approved
by the Mayor on December 7, 1998 adopted the 1999 Hazardous Substance Forms and Instructions.
Any changes to those forms and instructions will be adopted by Council Ordinance.
C.
As a result of the decisions of the Court or Appeals and Circuit Court in litigation
involving the Amendment, the City is required to revise the method of calculating the hazardous
substance user fees.
D.
The Toxics Board has forwarded its recommendation for imposition of a hazardous
substance user fee by the Council. The Council concurs with the Toxics Boards recommendation,
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and finds the hazardous substance user fee as contained in this Ordinance complies with the Courts
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directive in a manner as consistent as possible with the Amendment.
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
The following caption and Sections 3.690, 3.692 and 3.694 are hereby added to
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the Eugene Code, 1971, to provide:
Hazardous Substances User Fee
3.690 Hazardous Substances User Fee - Purpose. Sections 3.690 through 3.694 contain the
procedures for payment by certain businesses that use hazardous substances of the
hazardous substance user fees, as established in section 3.694 of this code, in a manner consistent
with article VII of amendment IV to the Eugene charter of 1976 (the amendment), taking into
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consideration the mandate of the courts in the litigation involving the amendment.
3.692 Hazardous Substances User Fee - Definitions. Notwithstanding any definitions
contained in the amendment, as used in sections 3.690 through 3.694 of this code, the
following words and phrases mean:
Facility. All buildings, equipment, structures and other stationary items that
are located and operated on a single site or on contiguous or adjacent sites that are
owned or operated by the same person(s) and relate to a common product or service,
except state and federal facilities and public educational institutions.
FTE. A full-time equivalent employee. For purposes of section
3.694, the number of FTEs shall be calculated by dividing the number of
paid hours worked at the facility by all employees during the calendar year
preceding payment of the fee by 2,080.
Hazardous substance user. Any business that operates a stationary facility
within the city limits of Eugene that:
(a) Has 10 or more FTEs;
(b) Has a SIC code between 2000 and 3999 inclusive; and
(c) Uses any quantity of hazardous substances (above zero) in its
manufacturing processes.
SIC. Standard Industrial Classification categories as listed in Standard
Industrial Classification Manual (Office of Management and Budget, 1987).
3.694 Hazardous Substances User Fee - Imposed. A fee is hereby imposed upon hazardous
substance users. The fee shall be an amount per FTE and shall be paid annually no
later than May 1 of each year, except that the first fee due under this section shall be paid by May 1,
2000 or within 30 days of the date the city mails an invoice setting forth the amount due, whichever is
later. Notwithstanding the provisions of section 2.020 of this code, the specific amount of the fee
shall be established by resolution of the city council.
Section 2.
The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein or in other
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provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein.
Passed by the City Council this Approved by the Mayor this
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28 day of February, 2000 28 day of February, 2000
/s/ Warren G. Wong /s/ James D. Torrey
City Recorder Mayor
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