Subject: 9652/Amend Air Pollution Control Ord/Hazardous Waste Date: Mon, 12 Mar 1990 10:20:00 -0500 ORDINANCE NO. 9652 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 EXPANDING THE MORATORIUM PROVIDED THEREIN TO INCLUDE COMMERCIAL HAZARDOUS WASTE DISPOSAL, STORAGE AND PROCESSING FACILITIES. WHEREAS, the Hamilton County Board of Commissioners adopted Resolution No. 390-37 on March 21, 1990, establishing a 24-month moratorium on the construction or operation of commercial medical waste incinerators; and, WHEREAS, the City of Chattanooga Board of Commissioners enacted Ordinance No. 9345 on March 27, 1990, establishing a 24-month moratorium on the construction or operation of commercial medical waste incinerators; and, WHEREAS, the Hamilton County Board of Commissioners adopted Resolution No. 890-15A on August 8, 1990, establishing a moratorium to March 21, 1993, on the construction or operation of commercial hazardous waste incinerators and commercial infectious, medical or pathological waste incinerators; and, WHEREAS, the City of Chattanooga City Council enacted Ordinance No. 9441 on September 4, 1990, establishing a moratorium to March 21, 1993, on the construction or operation of commercial hazardous waste incinerators and commercial infectious, medical or pathological waste incinerators; and, WHEREAS, all of the reasons for the adoption of Ordinance Nos. 9345 and 9441 by the Chattanooga Board of Commissioners and Chattanooga City Council, respectively, still exist and those reasons are adopted herein by reference; and, WHEREAS, it appears that commercial hazardous waste disposal, storage and processing facilities if not properly located and adequately designed, constructed, maintained, operated and regulated also are, or may be, detrimental as are commercial medical waste incinerators and hazardous waste incinerators to the health and welfare of the citizens; and, WHEREAS, in addition to the reasons aforementioned, it appears that there are now additional areas of law and regulation which merit consideration for either local regulation or local monitoring to promote and/or require State and/or Federal enforcement where State or Federal law may have pre-empted local regulatory authority; and, WHEREAS, it will be appropriate to prepare draft proposed local-government legislation and/or regulations to more closely monitor and, to the extent permissible under the law, regulate at the level of local government those activities related to the collection, transport, storage and disposition of hazardous waste and medical waste which cause, or may cause, an impact on the environment and to provide further for the regulation and control of commercial hazardous waste generation, inspection, packaging, loading, transport, off-loading, storage, maintenance, pre-treatment, treatment, disposition, incineration, processing and disposal; and, WHEREAS, it will be appropriate to undertake a survey and study of currently existing federal, state and local legislation and regulation which may be applicable to the subject matter hereof; and to investigate and gather such factual data as may be reasonably available and necessary; and, WHEREAS, the unusual and unique configuration of the topography and geography of Hamilton County with a large part of its metropolitan area configured in a bowl and a part of its non-metropolitan area in a valley creating temperature inversions and other special conditions do require special attention in relation to local regulation and monitoring and to provide for local-government comment to or action with State and/or Federal regulatory agencies and in the consideration of possible further local regulation where the State or Federal law has not pre-empted local regulatory authority; and, WHEREAS, it is also deemed to be in the interests of the health and welfare of the citizens that the administration of local zoning regulations may need to take into consideration factors of these environmental concerns as well as other factors in the applicable decision making process; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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 commercial hazardous waste or for the construction or operation of any process equipment for any of the foregoing if there are to be any emissions requiring a permit 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 Dec. 17, 1991. _/s/______________________________ CHAIRPERSON APPROVED:______ DISAPPROVED:______ DATE:________________ _____, 1991. _/s/______________________________ MAYOR MAM:cjc