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(1) Within 60 days of learning that a chemical has been added to or removed from 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 2002, the city manager shall request advice from the toxics board as to whether the new chemical should be added to or removed from the list of substances required to be reported under Amendment IV to the Eugene Charter of 2002. If the chemical is to be added, the city manager shall also request the toxics board’s 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 or removes a chemical or chemicals to the list of chemicals subject to the requirements of Amendment IV to the Eugene Charter of 2002 and, for added chemicals, establishes 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 2002. 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.

(3) Within 60 days of learning that the federal reporting threshold for any chemical reportable under Amendment IV to the Eugene Charter of 2002 is reduced so as to fall below the materials accounting threshold established locally for that chemical, the city manager shall request the toxics board’s advice on the appropriate reporting threshold and materials accounting threshold for that chemical.

(4) After obtaining the advice of the toxics board as provided in subsection (3) 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 changes the reporting and materials accounting thresholds for chemicals meeting the conditions described in subsection (3) of this section. The rules adopted by the city manager shall also establish a date when the new thresholds shall apply.

(5) If the city manager declines to adopt an administrative rule that implements the toxics board’s advice as described in subsections (2) or (4) of this section, the city manager shall explain to the city council and the toxics board in writing the reasons for the decision not to implement the toxics board’s advice. However, the city manager may remove a chemical pursuant to subsection (2) of this section only if the toxics board has recommended its removal.

(Section 3.696 added by Ordinance No. 20199, enacted July 24, 2000, effective August 23, 2000; amended by Ordinance No. 20213, enacted October 23, 2000; and Ordinance No. 20551, enacted February 23, 2015, effective March 27, 2015.)