HomeMy WebLinkAboutAdmin Order 53-91-26
CITY FILE NO. CS ~ -q l - 2.6
ADMINISTRATIVE ORDER
of the
CI'IY MANAGER
HAZARDOUS MATERIALS LICENSES AND INTERIM STATUS PERMITS
ADMINISTRATIVE RULE R-3.190
Pursuant to the authority contained in Section 2.019 of the Eugene Code, 1971,
Hazardous Materials Licenses & Interim Status Permits Administrative Rule R-3.190 is
adopted to provide:
HAZARDOUS MATERIALS LICENSES & INTERIM STATUS PERMITS
ADMINISTRATIVE RULE R-3.190
R-3.190-A. Annual License Auulication.
1. An applicant for an annual hazardous materials license shall complete a
hazardous materials license application form provided by the City. 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. The City may require that a separate application form be submitted 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.
4. The applicant shall submit with the application a completed emergency
response contingency plan for the facility.
5. The applicant shall furnish to the City, with the application, a signed
statement that the licensee/permittee 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/permittee. The agreement shall be approved by the City Attorney before it will
be accepted by the City.
Administrative Rule R-3.190 - 1
6. The application shall be accompanied by a processing fee and base inspection
fee established by the City Manager pursuant to Section 2.020 of the Eugene Code, 1971.
R-3.190-B Interim Status Permit Al>plication.
1. In addition to compliance with the requirements of R-3.190-A above,
including payment of the fees required therein and subsequent classification fees, an
applicant for an interim status hazardous materials permit shall execute and deliver to the
City, on a form approved by the City, a certificate that the applicant and the facility is in
compliance with all applicable federal, state, and local laws, rules and regulations, or, if the
applicant cannot so certify, that the applicant has adopted and is implementing a plan
satisfactory to the City that will achieve such compliance.
2. Any fees determined by the City to be due at the time the permittee's annual
license application is approved shall be paid by the permittee prior to issuance of the
annual license by the City.
R-3.190-C. Fees.
1. The fees required to be paid by an applicant, licensee, or permittee shall be
established by the City Manager pursuant to Section 2.020 of the Eugene Code, 1971,
and shall be based on the cost of inspecting the facility, processing the application, and the
classification of the hazardous materials at the facility, and shall consist of:
1.1 A license or permit processing fee;
1.2 A base inspection fee;
1.3 Classification fee; and
1.4 Penalty for late payment of an inspection fee.
In addition, the City Manager or designee may impose an additional base inspection
fee based on the following factors:
a. The size of the facility or quantity of materials present
necessitating an extra-ordinary expenditure of time to complete the
inspection;
b. The applicant being unprepared for or failing to cooperate
during the initial inspection resulting in additional visits required to complete
Administrative Rule R-3.190 - 2
the inspection; or
c. Multiple visits by City personnel are required because of the
failure of an applicant to complete required corrections within the time
granted.
The City Manager or designee may waive the penalty for late payment of an
inspection fee if:
d. The applicant has applied for and been granted an extension
of time within which to pay the fee; or
e. For other good cause shown.
2. The City will not begin its review of a hazardous materials annual license
application or issue an interim status permit until the applicant has paid the processing
fee and base inspection fee.
3. The classification fee shall be determined on the basis of the classification
of the hazardous materials found at each facility during the application review. The fee
shall be established in an amount necessary to recover the City's costs associated with
review of the facility's Hazardous Materials Management Plan and Emergency Response
Contingency Plan and any necessary education and training of those within the facility,
including such pre-incident planning assistance as deemed necessary. The classification fee
is payable by the applicant within 30 days from completion of the checklist review.
R-3.190-D. Permit/License Auproval or Denial.
1. An application for an interim status permit shall be approved unless:
1.1 The applicant fails to comply with the requirements of Section
R-3.190-B of these rules or the requirements of the Eugene Code, 1971; or
1.2 The City has knowledge that issuance of the permit will impose
a significant risk to public health, safety or welfare.
2. An application for an annual license shall be approved unless:
2.1 The applicant fails to comply with the requirements of Section
R-3.190-A of these rules or the requirements of the Eugene Code, 1971; or
2.2 The City determines that the facility is not in compliance with
all applicable federal, state and local laws, rules and regulations, or is not
Administrative Rule R-3.190 - 3
operated in a safe manner preventing significant risks to public health, safety
or welfare.
3. In approving an application and issuing an interim status permit or annual
license, the City may attach such conditions to the permit or license as the City determines
are necessary for the protection of public health, safety and welfare. Failure to comply
with all such conditions shall be grounds for immediate suspension and revocation of the
permit or license.
R-3.190-E. Disulay or License or Permit.
A hazardous materials annual license or interim status permit shall be posted in a
conspicuous location near the primary entrance of the facility so as to be immediately
visible.
R-3.190-E Permitted Facility Requirements.
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 pursuant to Section 8.100 of the Eugene Code, 1971, or its successor
provision.
2. The deadline 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 Hazardous Materials Program Manager or designee, 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 ten days of the change, pursuant to Section 3.041 of the Eugene
Code, 1971, on forms provided by the City.
This Rule is adopted after giving public notice by publication thereof on April 15,
16, 17, 18, and 19, 1991 in the Register Guard, a newspaper of general circulation within
the City that on April 8, 1991 I adopted Proposed Amendment of Hazardous Materials
Licenses and Permits Administrative Rule R-3.190, and by making copies thereof available
to current Hazardous Materials licensees, any persons who had requested such notice, and
other interested persons at the office of the City's Planning & Development Department,
Permit Services Division. The Notice advised that an opportunity for written comment
thereon would be provided for a period of 15 days from the first date of publication.
The only written comment received raised objections to the proposed fees, which
Administrative Rule R-3.190 - 4
will be addressed in the Administrative Order establishing the fees. During the comment
period staff recommended that R-3.190-C as proposed be revised to include criteria to be
considered by the City Manager or designee in imposing additional base inspection fees
or waiving the penalty for late payment of an inspection fee. The revision has been
incorporated herein, and the amended Hazardous Materials Licenses & Interim Status
Permits Administrative Rule R-3.190 as contained herein is therefor adopted.
~
Dated and effective this JJ..:- day or June, 1991.
r:l...~ ,^'\~.: A !J'
Micheal D. Gleason l1c- ~
~V\,~ity Manager ~
Administrative Rule R-3.190 - 5