HomeMy WebLinkAboutOrdinance No. 20199
ORDINANCE NO. 20199
AN ORDINANCE DELEGATING TO THE CITY MANAGER
AUTHORITY TO ADD ADDITIONAL CHEMICALS TO THE
LIST OF HAZARDOUS SUBSTANCES REQUIRED TO BE
REPORTED UNDER AMENDMENT IV TO THE EUGENE
CHARTER OF 1976; AMENDING SECTION 3.692 OF THE
EUGENE CODE, 1971, AND ADDING SECTION 3.696 TO
THAT CODE.
The City Council of the City of Eugene finds that:
A.
Amendment IV to the Eugene Charter of 1976 was adopted at the general election on
November 5, 1996 (the Amendment). The Amendment provides in part that hazardous substance
A@
users in Eugene shall file an annual materials balance report that lists inputs and outputs of all
hazardous substances obtained, used or generated, as those substances are defined in Article III of the
Amendment.
B.
Subsequent to enactment of the Amendment, other chemicals have been added to the
lists referenced in Article III, and it is probable that additional chemicals will be added to those lists in
the future. Although Subsection E-5 of Article III provides that any substances subsequently added
to the lists described in that Article were also subject to its provisions, decisions of the Court of
Appeals and Circuit Court in litigation involving the Amendment prohibit the automatic addition of
other chemicals.
C.
It is consistent with the intent of the voters in adopting the Amendment that when new
chemicals are added to the lists described in Article III, section E of the Amendment, those same
chemicals should be considered for addition to the list of chemicals covered by the Amendment.
D.
Whether additional chemicals should be subject to the reporting requirements of the
Ordinance - 1
Amendment and, if so, what the reporting and material accounting thresholds for those chemicals
should be, are appropriate questions for the City Manager to answer after consultation with the
Toxics Board.
Now, therefore,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1
. The first paragraph of Section 3.692 of the Eugene Code, 1971, is amended
and definitions for material accounting threshold and reporting threshold are added in alphabetical
A@A@
order therein to provide:
3.692 Hazardous Substances User Fee- Definitions. Notwithstanding any definitions
contained in the amendment, as used in sections 3.690 through 3.696 of this code, the
following words and phrases mean:
Material Accounting Threshold. The quantity of total inputs of a particular
chemical during a calendar year, below which a full accounting of inputs and outputs
of that chemical is not required. Should total inputs of a chemical fall between this
threshold and the reporting threshold, the total input quantity is required to be
reported.
Reporting Threshold. The quantity of total inputs of a particular chemical
during a calendar year, below which that chemical is not required to be reported.
Should total inputs of a chemical fall between this threshold and the material
accounting threshold, the total input quantity is required to be reported.
Section 2
. A new Section 3.696 is hereby added to the Eugene Code, 1971, to provide:
3.696 Hazardous Substances - Addition of Chemicals to Hazardous Substances List.
(1) Within 60 days of learning that a chemical has been added to one or more of
the lists described in Article III, section E, subsections 1(a), (b), (c), (f) and (g), 2, 3, and 4, of
Amendment IV to the Eugene Charter of 1976, the city manager shall request advice from the toxics
board as to whether the new chemical should be added to the list of substances required to be
reported under Amendment IV to the Eugene Charter of 1976. The city manager shall also request
the toxics boards advice on the appropriate reporting threshold and materials accounting threshold
=
for each chemical in question.
(2) After obtaining the advice of the toxics board as provided in subsection (1) of
this section, and after following the procedures described in section 2.019 of this code, the city
manager may adopt an administrative rule that adds a chemical or chemicals to the list of chemicals
subject to the requirements of Amendment IV to the Eugene Charter of 1976 and establishes
Ordinance - 2
reporting and materials balancing thresholds for that chemical or those chemicals if the manager
determines that such a rule is consistent with the purpose and intent of Amendment IV to the Eugene
Charter of 1976. The rules adopted by the manager shall also establish a date when the additional
chemical(s) shall be subject to the reporting and materials accounting requirements.
Section 3
. A copy of this Ordinance shall be forwarded to all known hazardous substance
users subject to the reporting requirements of Amendment IV to the Eugene Charter of 1976 or the
provisions of Sections 3.690 to 3.696 of the Eugene Code, 1971.
Section 4
. 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
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
thth
24 day of July, 2000. 24 day of July, 2000.
/s/ Warren G. Wong /s/ James D. Torrey
City Recorder Mayor
Ordinance - 3