New Search
R-6.725-C Establishment of Prohibited Ozone-Depleting Products. <br />1. Based on the criteria contained in section R-6.725-D, the City Manager shall <br />determine whether safe and cost-effective alternatives exist for (1) all plastic. foam <br />insulation products, (2) other products containing HCFCs, and (3) pesticides <br />containing HCFC 123, CFC 113, methyl bromide, or any other ozone-depleting <br />chemical which is installed with an agent containing HCFC 123, CFC 113 or methyl <br />bromide. The process for making such a determination with respect to any of the <br />products included with these three categories shall begin with the Lane Regional Air <br />Pollution Authority ("LRAPA") providing to the~City Manger information about the <br />existence of alternatives to the ozone depleting chemical <br />2. Based on the criteria set forth in R-6.725-D, the City Manager also may <br />.determine that other products not covered by subsection 1 are ozone-depleting <br />products for which safe and cost-effective alternatives exist. This process also shall <br />begin with. receipt of information from LRAPA regarding the ozone-depleting nature of <br />the product,. and the existence of alternative products which are safe and cost- <br />`effective. <br />3: , Any Eugene resident or person with a business operating within Eugene <br />may request the City Manager to determine tha# other products not covered by <br />subsection 1 are ozone-depleting products for which safe and cost-effective <br />' alternatives exist. Such requests must include information that addresses the criteria <br />set forth in R-6.725-D. LRAPA will consider these requests when it periodically <br />develops information regarding the ozone-depleting nature of other product, and the <br />existence of alternative products which are safe and cost-effective. <br />4: Following receipt from LRAPA of the information specified in subsections 1 <br />end 2, and based on that information and the criteria contained in section R-6.725-D, <br />``the City .Manager shall make an initial determination as to whether the ozone <br />depleting product should be prohibited. The City Manager shall provide notice of <br />,intent to declare the product as a .prohibited ozone-depleting product or a non- <br />e prohibited ozone-depleting product, and provide an opportunity to submit comments <br />thereon. Upon expiration of the comment period, the City Manager shall consider the <br />comments received,. and based thereon, issue a notice of the proposed decision with <br />respect to the product. !n addition to other notice provided, the City Manager shall mail <br />notice to any person who commented on the proposed decision. <br />5. Any person who commented on the proposed decision and who disagrees <br />with that decision may, within 15 days from the date of the decision, appeal the <br />determination to a hearings official appointed by the City. The hearings official's <br />decision shall be final, and shall be based solely on whether the criteria of a safe, <br />cost-effective alternative product being available has been met. <br />Proposed Ozone Protection Administrative Rule - 3 o7~o6i95 <br />