(b) A list of ozone-depleting products which cannot be sold or used;
(c) Criteria and methodology for determining whether a product should be added to the list referred to in subsection (b) of this section; and
(d) A process for receiving and responding to complaints from citizens about alleged violations of these code sections.
(2) The rules also may include criteria for designating as “ozone-depleting chemicals” additional chemical compounds not listed in the definition of “ozone-depleting chemical” contained in section 6.705. Such criteria shall require consideration of any conclusions of:
(a) The U.S. Environmental Protection Agency, and
(b) The United Nations Environment Program as to whether a chemical compound is ozone-depleting. Unless and until the city manager has adopted criteria under this subsection (2), the manager shall not designate any additional chemical compounds as “ozone-depleting chemicals.”
(3) The criteria for determining whether an ozone-depleting product shall be included on the list referenced in paragraph (1)(b) of this section shall include a requirement that an “ozone-safe substitute” is available. The criteria also shall provide that to qualify as an ozone-safe substitute, a product must meet both of the following requirements:
(a) The alternate product is readily available and its use will cost no more than the use of the ozone-depleting product; and
(b) The use of the alternate product will not pose threats to the public health and safety.
(4) To the extent of available resources, the city manager shall determine whether all products covered by subsections 6.710(1)-(3) qualify as ozone-depleting products under the criteria adopted pursuant to section 6.725(3). If the manager determines that a product does so qualify, the manager shall propose, by rule, to include the product on the list referenced in paragraph (1)(b) of this section. If the manager determines that a product does not so qualify, the manager shall propose, by rule, that the product be excluded from the list referenced in paragraph (1)(b).
(5) Notwithstanding any other provision of the Eugene Code, 1971, this subsection shall govern challenges to the manager’s determination to include a product on the list of prohibited “ozone-depleting products” referenced in paragraph (1)(b) of this section or to exclude any product covered by subsection (1) to (3) of section 6.710. Any person who commented on a proposed rule to include a product on, or to exclude a product from, the list of prohibited ozone-depleting products, and who is dissatisfied with the city manager’s determination, may appeal that determination to a hearings official. The appeal shall be governed by section 2.021 of this code. The issue decided by the hearings official shall be limited to whether the city manager’s determination is inconsistent with the criteria adopted by the city manager pursuant to this section.