HomeMy WebLinkAboutAdmin Order 53-90-08
ClI-1 fILE NO. 5~-1o- 0 B_.__.
ADMINISTRATIVE ORDER
of the
CITY MANAGER
ADMINISTRATIVE RULE R-3.190
HAZARDOUS MATERIALS LICENSES
Pursuant to the authority contained in Section 3.012 of the
Eugene Code, 1971, I hereby adopt as a Permanent Rule the Temporary
Administrative Rule for Hazardous Materials Licenses adopted by me
on February 22, 1989, which provide:
RULE R-3.190 - HAZARDOUS MATERIALS LICENSES
A. ADDlioation Information. An applicant shall complete a
hazardous materials license application form provided by the City.
1. The application form may require the following
information: Name of the firm or organization; location
of the facility; manager's and owner's name; mailing
address and telephone number; nature of the facility's
operation; the type and amount of flammable liquids,
explosive materials, hazardous and/or toxic materials
used, stored, dispensed, handled, manufactured or
disposed of at the facility.
2. A separate application form may be required
for each facility.
3. If the applicant is a firm of foreign origin,
additional information including the place and date of
incorporation, home office, right to do business within
the state, firm or organization officers and/or its duly
authorized local agent may be required.
B. Fees Reauired of ADDlioant.
1. The applicant must pay fees based on the cost
of inspecting the facility and on the cost of processing
the application.
2 · The processing for for an annual hazardous
materials license application shall be $70.
3. The inspection fee for a hazardous materials
license shall be determined by the Fire Code Enforcement
Division inspector's review of the application, and will
start at $50.
4. Both the processing fee of $70 and the base
inspection fee of $50 must be paid before the City will
begin its review of the hazardous materials license
application.
Administrative Rule - 1
5. Subsequent inspection fees will be assessed by
the Fire Code Enforcement Division during the application
review and are due 30 days after the completion of the
Fire Code Enforcement Division's checklist review.
Inspection fees are based on the classification of the
hazardous materials found at each facility, and are as
follows:
Class/Fee 1
Restriotions
1.
No more than 10 different chemicals used or
stored. 2
No more than a total of 200 gal Flammable or
Combustible liauids, except those stored in
underground storage tanks.
No more than a total of 100,000 gal of
Flammable or Combustible liauids stored in
underground storage tanks.
No Toxic or Hiohly Toxic qases; No Reactive
(unstable) materials; No Water Reactive
materials; No Pvroohoric materials; No Orqanic
Peroxides; No Hiohly Toxic liauids/solids; No
Class 3 or 4 Oxidizers.
No Exolosives (D.O.T. Class A3 or B) or
Blastino Aqents.
No more than 150 lbs Flammable solids.
No more than 40 lbs or 300 cu ft of Flammable
oases.4
CLASS E
$220
s.
6.
7.
2.
3.
4.
CLASS D
1.
$470
2.
No more than 3000 gal of Flammable or
Combustible liauids,5 except those stored in
underground storage tanks.
No more than 300 lbs or 2400 cu ft of Flammable
Fee includes administrative processing charges.
2 Except consumer products packaged in containers of less
than or equal to 1 gallon or 10 lbs.
3 Except 25 lbs or less of black oowder when packaged and
stored for retail sale.
4 Except sinale outdoor LPG tank of less than or equal to
7,500 lbs or 545,000 cu it (1,500 gal).
5 No more than 9,000 gal of consumer products packaged for
retail sale in containers of 1 gallon or less.
Administrative Rule - 2
qases . 67
3. No indoor use or storage of Flammable solids
in excess of 500 lbs.
4. No more than 25 gal, 250 lbs, or 1,500 cu ft
of Orqanic Peroxides, Reactive (unstable)
materials, Class 3~ Oxidizers, or Class 2 or
3 Water Reactive materials. No more than 60
gal or 550 lbs of Class 1 Water Reactive
materials.
5. No more than 5 lbs or 1/2 gal of Hiqhlv Toxic
liauids or solids; No more than 300 lbs Toxic
qases.
6. No Hiqhlv Toxic qases; No Pvroohoric materials;
No Class 4 Oxidizers.
7. No Hiqh Exolosives (D.O.T. Class A) or Blasting
Aqents.
CLASS C 1.
$770 2.
3.
4.
s.
6.
No more than 5 lbs or 40 cu ft Hiqhlv Toxic
qases.
No more than 8 lbs, 2 gal or 100 cu ft of
pvroohoric materials.
No more than 200 lbs Orqanic Peroxides.
No more than 500 lbs Water Reactive materials.
No more than 500 lbs, 50 gal, or 3,000 cu ft
Reactive (unstable) materials.
No more than 5 lbs Class 4 Oxidizers.
CLASS B
$1,570
NO RESTRICTIONS ON MATERIALS
Permitted facility comprised of no more than
5 separate or independent hazardous materials
containing workplaces, buildings, and storage
areas.
CLASS A
$2,070
NO RESTRICTIONS ON MATERIALS
Permitted facility comprised of more than 5
separate or independent hazardous materials
6 No more than 4,500 lbs or 36,000 cu ft of consumer products
packaged for retail sale in containers of 1.5 lb (12 cu ft) or
less.
7 No more than 15,000 lbs or 110,000 cu ft of LPG stored in
outdoor tanks.
8 No more than 2,500 lbs or 750 gal of consumer products
packaged for retail sale in containers of 100 lbs or 5 gal. or
less.
Administrative Rule - 3
containing workplaces, buildings and storage
areas.
6. Late payment of inspection fees will incur a
penalty fee of $10.00 per day, to be assessed from the
15th day after the inspection fee is due.
c. DisDlav of License. A hazardous materials license shall
be posted in a conspicuous location near the primary entrance of
the facility so as to be immediately visible to any Fire Code
Enforcement Division inspector.
D. Permitted Faoilitv Reauirements.
1. A permitted facility is required to provide
the City with all information necessary for the
completion of a Hazardous Materials Management Plan and
Hazardous Material Inventory per Section 8.190 to 8.200
of the Eugene Code, 1971.
2 · The deadl ine for submittal of all required
information for the completion of the Hazardous Materials
Management Plan and the Hazardous Materials Inventory
shall be established by the Fire Code Enforcement
Division but shall not be sooner than 30 days after the
submittal of the application form.
3. The City shall be notified of any change in
material information as indicated on the license within
10 days of the change, per Section 3.041 of the Eugene
Code, 1971, on forms provided by the City.
E. Hold Harmless Aareement. The applicant shall furnish to
the City a signed statement that the licensee shall hold harmless
the city, its officers, agents, and employees and shall indemnify
the City, its officers, agents and employees for any claims of
injury to property or persons that may arise as a result of any
activity carried on by the licensee. The agreement shall be
approved by the City Attorney before it will be accepted by the
City.
This Rule has been adopted after giving public notice thereof
by pUblication in the Register Guard, a newspaper of general
circulation within the City, providing an opportunity for comment
thereon. No valid comments or objections were received within the
time and in the manner prescribed in the notice, and the Hazardous
Materials Licenses Administrative Rule R-3.190 contained herein is
Administrative Rule - 4
adopted and shall be effective from the date of adoption set forth
below.
~ HO>-J
Adopted this ~ day of~, 1990.
I1lf)::-
Administrative Rule - 5
NOTICE OF INTENDED RULEMAKING
ADOPTION OF PERMANENT RULES FOR
FIRE SAFETY LICENSES AND HAZARDOUS MATERIALS LICENSES;
AMENDMENTS TO SOLID WASTE AND RECYCLING COLLECTION RULES;
REPEAL OF PRIOR DET~CTIVE AND SECURITY AGENCY RULES
AND ADOPTION OF NEW DETECTIVE OR SECURITY AGENCY RULES
NOTICE IS HEREBY GIVEN that pursuant to the authority contained in Section
3.012 of the Eugene Code, 1971, Micheal D. Gleason, City Manager of the City
of Eugene, intends to adopt as permanent rules the following previously
issued Temporary Administrative Rules :
Administrative Rule R-3.175 - Fire Safety Licenses, which sets
forth information required to be included on license applications;
establishes the fees required to be submitted with applications; con-
tains requirements for display of licenses; and includes a requirement
for execution of a Hold Harmless Agreement by the applicant.
and,
Administrative Rule R-3.190 - Hazardous Materials Licenses, which
sets forth information required to be included on license applications;
establishes the fees required to be submitted with applications; con-
tains requirements for display of licenses; the information required
for submittal of a Hazardous Materials Management Plan and Hazardous
Materials Inventory; and includes a requirement for execution of a Hold
Harmless Agreement by the applicant.
and to amend Solid Waste and Recycling Collection Rules R-3.250-A.2, 0.3,
0.4, 1.6, and Schedule 1 thereto,
Administrative Rule R-3.250 - Solid Waste and Recycling Collection,
proposed amendments to R-3.250-A.2, 0.3 and 0.4 clarifies the intent
that all collectors, including limited licensees, are required to pay
the annual vehicle fee for all vehicles owned and/or operated by the
collector; clarifies the meaning of 1.6; and amends Schedule 1 to
establish minimum rates for bi-weekly and monthly collection of non-
putrescible solid waste in 32-gallon containers; adds minimum rates for
mechanized curbside 60 gallon container service; adds a minimum fee for
collection of compacted solid waste.
Administrative Rule R-3.285 - Detective or Security Agency Rules,
repeals prior Det~ctive and Security Agency rules; adopts new rules
setting forth information required for applications, application and
certification fees, insurance coverage requirements, records required
to be maintained, identification and certification card requirements,
and vehicle identification requirements.
These Proposed Administrative Rules are necessary in order to insure that the
information required for review of license application is provided and to
establish fees that to the degree possible defray the City's expense in
processing the applications.
The Proposed Administrative Rules set forth above may be reviewed at the City
of Eugene's Permit and Information Center, 244 East Broadway, Eugene, Oregon,
97401 from 9:00 a.m.- 5:00 p.m., Monday through Friday, excluding holidays.
The City Manager will, on the 24th day of April, 1990, (20 days from the
first date of publication of this notice), adopt the Proposed Administrative
Rules set forth above as Permanent Rules. All persons wishing to comment
thereon or object thereto must submit their comments or objections to the
City Manager, 244 East Broadway, Eugene, Oregon 97401, in writing, by 5:00
p.m. on Thursday, April 19, 1990.
MICHEAL D. GLEASON
CITY MANAGER
CITY OF EUGENE, OREGON