Subject: 9441 Rule 20.11/Moratorium/Hazardous Waste/8-10-90
Date: Mon, 12 Mar 1990 10:20:00 -0500


                                ORDINANCE NO. 9441
                  
                  
                   AN ORDINANCE TO AMEND THE CHATTANOOGA CITY
                   CODE, PART II, CHAPTER 4, RULE 20.11, WHICH
                   CHAPTER IS KNOWN AS "THE CHATTANOOGA AIR
                   POLLUTION CONTROL ORDINANCE," BY PROVIDING A
                   MORATORIUM FOR THE CONSTRUCTION AND
                   OPERATION OF COMMERCIAL MEDICAL WASTE OR
                   HAZARDOUS WASTE INCINERATORS.
                  
                  
                                                    
                  
                  
       	    	 WHEREAS, the disposal of hazardous wastes by burning or
       incineration present certain dangers and hazards to the health 
and
       general welfare of the citizens and to the environment in which 
we
       all live; and
       	    	 WHEREAS, there are particular and peculiar precautions,
       limitations, constraints and regulatory procedures which are
       necessary to decrease, limit, eliminate or control those dangers
       and hazards; and
       	    	 WHEREAS, the need to regulate and/or control the
       emissions into the ambient air from such incineration requires
       control over the content, make-up, mix, condition and composition 

       of that which is introduced into the process to be incinerated;
       and
       	    	 WHEREAS, it is reasonable and prudent that a sufficient
       time be allowed to collect data, to research, to develop and
       consider alternatives, to design and draft proposed legislation
       upon this complex subject and to thereafter conduct public
       hearings upon proposed-draft legislation should such be deemed
       appropriate and in the best interests of the legislative process; 

       and
       	    	 WHEREAS, the facts necessary to be considered in the
       legislative process are technical and complex and the collection
       of same may be far reaching; and also that it may be advisable to 

       study and consider comparative legislation from other state, 
local
       or national governments in the process; and
       	    	 WHEREAS, Hamilton County and the City of Chattanooga by
       resolutions duly adopted have established a joint task force and
       charged it with the duty to investigate and make recommendations
       to the governing bodies of said entities as more fully set forth
       in said resolutions;
       	    	 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
       COMMISSIONERS OF THE CITY OF CHATTANOOGA, TENNESSEE:
       	    	 SECTION 1.  That Chattanooga City Code, Part II, be
       amended by changing Rule 20.11 to read as follows:
       	    RULE 20.11.  MORATORIUM
      
       	    	 There shall be no new permits issued by the Air
            Pollution Control Bureau for the construction or
            operation of any new facilities for the purpose of, or
            to be used in connection with, the incineration of
            pathological, medical or infectious commercial waste or
            hazardous waste as those terms are generally understood
            or as those terms are defined in previously enacted or
            adopted local-government, state or federal legislation
            until March 21, 1993 or this provision is revised,
            whichever shall first occur.
      
       	    	 SECTION 2.  This Ordinance shall take effect two (2)
       weeks from and after its passage, the public welfare requiring 
it.
      
       PASSED on Third and Final
       Reading 9/4/90, 1990.	     __/s/_____________________________
       	    	      	   	     	         CHAIRPERSON
      
      
       	    	      	   	     APPROVED:______ DISAPPROVED:______
      
       	    	      	   	     DATE:________________ _____, 1990.
      
      
       	    	      	   	     __/s/_____________________________
       	    	      	   	     	           MAYOR
       MAM:cjc