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_ ~-\ <br />ADMINISTRATIVE C)RDER NO. 58-97-01 <br />of -the , <br />CITY MANAGER PRO TEM <br />PROPOSED AMENDMENT OF SECTION D.3. (f) OF STORMWATER <br />SYSTEM ADMINISTRATIVE RULE ADOPTED BY: <br />ADMINISTRATIVE ORDER NO. 58-95-19-F <br />The City Manager Pro Tem of the City: of Eugene. finds that: <br />A. Pursuant to the authority contained in Section 2.019 and Chapter 6 of the Eugene <br />Code, :1971, on August 20, 1996 I .adopted Admnustrative Order No. 58-95-19-F adopting a <br />Stormwater System Administrative Rule -that established procedures for an enforcement program <br />designed to discourage .violations of the Eugene Code, :L971 relating to improper :connections <br />and/or illegal discharges to the City's stormwater system, and/or violations of the City's NPDES <br />stormwater permit and Comprehensive Stormwater Management Plan (CSWMP). <br />B. Section G of that' Rule provides that a responsible person to whom a Notice of <br />Violation or Notice of Civil,Penalty is issued may appeal the deternunation in the manner set forth <br />in Section 2.021.of the Eugene Code; 1971. Under that section,. the appeal must be in writing and <br />filed within 15 days from the date of the notice. <br />C. Section D.3.(f) of the Rule incorrectly states that the responsible person may appeal <br />a Notice of Civil Penalty within ten days .after service of the Notice, and.should be corrected to <br />.provide 15 days within which to appeal. <br />Based upon the above findings, which are hereby adopted, and pursuant to the authority <br />of Section 2.019 and Chapter 6 of the Eugene Code, 1971, I intend to amend Section D:3. (f) of <br />the Stormwater System Administrative Rule to provide: <br />D. Administrative Civil Penalty. <br />3. 'The Notice of Civil Penalty shall: <br />(f) 'State that .the responsible person receiving the Notice of Civil <br />Penalty has the right to appeal to a hearings officer within 15 days after the Notice <br />of Civil Penalty is served on the responsible person. <br />Public notice of this; proposed amendment of Stormwater System Administrative Rule shall. <br />be given by making copies thereof available to any person who has requested such notice and by ` <br />Administrative Order. - 1 <br />