Subject: 10226/Code/4-7(a)(14)/CommMedWasteFacility Date: Mon, 27 Feb 1989 12:20:00 -0500 ORDINANCE NO. 10226 AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE, PART II, CHAPTER 4, WHICH CHAPTER IS KNOWN AS "THE CHATTANOOGA AIR POLLUTION CONTROL ORDINANCE" TO ASSIGN TO THE CHATTANOOGA- HAMILTON COUNTY AIR POLLUTION CONTROL BOARD CERTAIN DUTIES AND RESPONSIBILITIES RELATIVE TO THE PERMIT PROCESS FOR COMMERCIAL HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES. WHEREAS, the statutes of the State of Tennessee provide a statutory scheme for the siting and the permitting of "commercial hazardous waste management facilities," in the process of which there are certain participatory activities to be carried out by local government; and WHEREAS, the City of Chattanooga, Tennessee, as a local government, has enacted a zoning ordinance applicable to "commercial hazardous waste management facilities" and has adopted a hazardous waste management plan as contemplated by the state statutes; and WHEREAS, under the aforementioned state statutes and under the Chattanooga-Hamilton County Hazardous Waste Management Plan there are certain participatory activities and responsibilities to be carried out by the City of Chattanooga as a local government; and 0C WHEREAS, these include, but are not necessarily limited to, the following: 1. To review permit applications and documentation; 2. To participate in a community meeting (or meetings); 3. To participate in a public hearing (or hearings); 4. To be officially represented at the "community meeting"; 5. To prepare and present to the State reports representing the interpretation of the local government of the concerns of the community; 6. To prepare and present within the report(s) any summaries of issues that the local governing body feels to be appropriate; 7. To develop (and then to present to the State permitting authority) a decision to accept, reject or modify the permit application; 8. To consider in making the aforementioned decision certain criteria set forth in the Tennessee statutes [T.C.A. A768-212-108(t)(2); T.C.A. A768-212-107(d)(10), etc.]; 9. Among other things (but without limitation) to determine, and to report upon, whether or not the location and operation of the proposed facility conforms to the Chattanooga- Hamilton County Hazardous Waste Management Plan, heretofore adopted by the City of Chattanooga; 10. Among other things (but without limitation) to determine, and to report upon, whether or not the location and operation of the proposed facility complies with the applicable portions of the City of Chattanooga Zoning Ordinance; 11. Among other things (but without limitation) to determine and report upon whether or not the proposed facility meets all other criteria set forth in the applicable parts of the State statutes; and 12. To generally monitor the permit process conducted by the State and to maintain liaison with the appropriate state agency (or agencies) during the permitting process, the construction process, the start-up and operation of the facility to assure that the local concerns expressed are adequately addressed in the permit process and/or the construction and operating process; and WHEREAS, other responsibilities and/or activities may from time arise in connection with the siting, permitting, construction and operation of "commercial hazardous waste management facilities" which require the attention of and/or action by local government; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE: SECTION 1. That Chattanooga City Code, Part II, Chapter 4, Section 4-7, be and is hereby amended so as to add the following new sub-paragraph 4-7(a)(14) as follows: (14) The Chattanooga-Hamilton County Air Pollution Control Board shall act as the representative of City of Chattanooga, Tennessee, in connection with any application to the State for the issuance of a Permit under T.C.A. A768-212-101, et seq. and/or T.C.A. A768-212-201, et seq. or State regulations promulgated pursuant thereto and shall, among other things, discharge the following responsibilities: 14.1 Review permit applications and documentation; 14.2 Participate in a community meeting (or meetings); 14.3 Participate in a public hearing (or hearings); 14.4 Act as an official representative for the City at any "community meeting"; 14.5 Prepare and present to the local government recommendations for all reports allowed under the state statutes including the reports representing the interpretation of the local government of the concerns of the community; 14.6 Prepare and present within the recommendations for such report(s) draft proposed summary (or summaries) of issues that the local governing body may review for possible adoption; 14.7 Develop and recommend to local government a proposed decision to accept, reject or modify the permit application; and 14.8 To consider in making the aforementioned proposal of a decision those criteria set forth in the Tennessee Statutes [T.C.A. A768-212-108(t)(2); T.C.A. A768-212-107(d)(10), etc.]; and 14.9 Among other things (but without limitation) to determine, and to report upon, whether or not the location, and operation of the proposed facility conforms to the Chattanooga-Hamilton County Hazardous Waste Management Plan and complies with the applicable portions of the City of Chattanooga, Tennessee, Zoning Ordinance; and 14.10 Among other things (but without limitation) to determine and report upon whether or not the proposed facility meets all other criteria set forth in the applicable parts of the State statues; and 14.11 To generally monitor the permit process conducted by the State and to maintain liaison with the appropriate state agency (or agencies) during the permitting process, and during the construction process, the start-up and the operation of the facility to assist local government in assuring that the local concerns expressed are adequately considered in the permit process and/or the construction and/or operating process; and 14.12 Acting through the Chairman of the Air Pollution Control Board (or his/her designee) to serve as a participant for the City of Chattanooga in any community meeting(s) or any public hearing (s); and 14.13 To conduct opinion polls and/or local-government public hearings and to otherwise gather the necessary data for the preparation and report to the Mayor and City Council, of the recommended interpretation of the local government of the concerns of the community and thereafter, if the Mayor and City Council concur in the interpretation, to express (on behalf of local government) the same at all appropriate times and places in the permit process; and 14.14 To prepare and report to the Mayor and the City Council a recommendation of the "decision" provided for in T.C.A. A768-212-108(f)(2) of local government to "accept, reject or modify" the application; and thereafter, to express, on behalf of City of Chattanooga, Tennessee, (or to support the Mayor and/or Chairperson of the City Council in the expression) at all appropriate times and places the decision (or the decisions) of City of Chattanooga, Tennessee, as expressed by the City Council and/or the Mayor following the recommendation; and 14.15 To monitor the State permit process, and to the full extent permissible under the law (or terms of the permit), to monitor the construction and operation of the facility to assure continuing compliance with the provisions and conditions of the permit and all applicable regulations and statutes; and to maintain close liaison and cooperation with the State of Tennessee in the discharge of the State's responsibility to monitor construction and operation of the facility; and 14.16 To carry out such other duties and responsibilities as may be assigned to it in writing by the Mayor or the City Council (or both) in connection with any application by any person, firm, corporation or other legal entity for a permit to site, construct or operate a "commercial facility" as that term is defined at T.C.A. A768-212-202 for a permit under T.C.A. A768-212-101 et seq. SECTION 2. BE IT FURTHER ORDAINED, That Ordinance No. 6021, Ordinance No. 6059, Ordinance No. 6091, Ordinance No. 6221, Ordinance No. 6362, Ordinance No. 6502, Ordinance No. 6519, Ordinance No. 6838, Ordinance No. 7098, Ordinance No. 7163, Ordinance No. 7335, Ordinance No. 7582, Ordinance No. 7719, Ordinance No. 7963, Ordinance No. 8086, Ordinance No. 8413, Ordinance No. 8675, Ordinance No. 8705, Ordinance No. 9171, Ordinance No. 9345, Ordinance No. 9441, Ordinance No. 9652, Ordinance No. 9846, and Chapter 4 of Part II of the Chattanooga City Code as previously adopted, and as is/are here amended, be construed to be cumulative in effect, and it is here declared to be the legislative intent that compliance with any one or more provisions of that chapter shall not be construed as a defense for non-compliance with any other applicable provisions of those Ordinances or rules or regulations thereof nor with any applicable provisions of that Chapter. SECTION 3. BE IT FURTHER ORDAINED, That if any section, part of section, sentence, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the validity of any other portion of this Ordinance, and only such invalid provision shall be elided from this Ordinance. SECTION 4. BE IT FURTHER ORDAINED, That this Ordinance shall take effect two (2) weeks from and after its passage as provided by law. PASSED on Third and Final Reading May 23, 1995. s/s_________________________________ CHAIRPERSON APPROVED:__X___ DISAPPROVED: _______ DATE:________________ _______, 1995. s/s_________________________________ MAM:cjc MAYOR