New Search
prevent further dispersal of the released substance, or to prevent damage to property <br />and/or the environment. <br />A violation may rate a "G" value of 1 if there is no immediate or significant threat to <br />life, public safety, property, and/or the environment due to the quantity and/or type of <br />substance released; or if there is low potential for further dispersion of a released substance <br />with either no or only minor potential consequences. <br />A violation may rate a "G" value of 10 if there is an immediate or significant threat <br />to life, public safety, property, and/or the environment, and/or related natural resources due <br />to the quantity and/or type of substance released. To protect both public and environmental <br />health the situation cannot be tolerated and immediate actions are necessary in order to <br />capture and contain a released substance, prevent further dispersion of a released substance, <br />and/or prevent additional damage to life, property, and/or the environment <br />R 6.645-J A eats. <br />1. Stop Work Order. Administrative Civil Penalty Administrative Compliance <br />Order. Any person to whom a Stop Work Order, Notice of Imposition of an Administrative Civil <br />Penalty or Administrative Compliance Order is issued pursuant to these rules may appeal that <br />determination to the City Manager. A Stop Work Order or Administrative Compliance Order shall <br />be effective upon issuance, and shall continue in effect during the pendency of any appeal. The <br />notice of appeal must be in writing, and filed with the City Manager within 15 days from the date of <br />the Notice being appealed. The appeal shall state the name and address of the appellant, the nature <br />of the determination being appealed, the reason the determination is incorrect, and what the correct <br />determination of the appeal should be. Failure to file such a statement within the time or in the <br />manner required waives the appellant's objections, and the appeal shall be dismissed. Unless the <br />appellant and City agree to a longer time period, the appeal shall be heard by a hearings official within <br />30 days of receipt of the notice of appeal. At least ten days prior to the hearing, the City shall mail <br />notice of the time and place of the hearing to the appellant. The hearings official shall hear and <br />determine the appeal on the basis of the appellant's written statement and any additional evidence <br />deemed appropriate. The appellant may present testimony and oral argument at the hearing either <br />personally or by counsel. The hearings official shall issue a written decision within ten days of the <br />date of the hearing. The decision of the hearings official is final, and may include a determination that <br />the appeal fee be refunded to the appellant upon a finding by the hearings official that the appeal was <br />not frivolous. <br />2. Appeal Fees. Appeals filed under this section shall be accompanied by an appeal fee <br />in an amount established by the City Manager pursuant to Section 2.020 of the Eugene Code, 1971. <br />Dated and effective this _ ~ 7 day of December, 2000. <br /> <br />J~P ..d-~. ,,.~ <br />James R Johnson <br />City Manager <br />Administrative Rule - 19 <br />r: \adminordlrules\OOerosprev2ao. wpd(12/07/00) <br />