Subject: 18739 Task Force/Transport, Etc. of Commercial Med. Waste Date: Thu, 7 Jun 1990 12:04:00 -0500 RESOLUTION NO. 18739 A RESOLUTION TO ESTABLISH AND INSTRUCT A TASK FORCE TO UNDERTAKE A SURVEY AND STUDY OF THE TRANSPORT, TREATMENT, STORAGE AND DISPOSAL OF COMMERCIAL MEDICAL WASTE AND COMMERCIAL HAZARDOUS WASTE AND TO MAKE RECOMMENDATIONS AND PREPARE DRAFT PROPOSED LEGISLATION AND/OR REGULATIONS IN REGARD THERETO. 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 enacted Resolution No. 18503 and Ordinance No. 9345 on March 20, 1990 and March 27, 1990, respectively, 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. 890-15B on August 1, 1990, which extends the time and expands the scope of the moratorium of said Resolution No. 390-37; and WHEREAS, there are other and further compelling needs for the extension and the expansion of said action previously taken by the Board of Commissioners and for the consideration of the adoption of local-government legislation or regulation; and WHEREAS, in addition to the reasons recited in the aforementioned Resolutions, it appears that there are now additional areas of law and regulation which merit study and consideration for either local regulation or local plans and activity to monitor, to advise, to promote and/or to require State regulation and/or action where State law may have pre-empted or partially pre-empted local regulatory authority; and WHEREAS, certain areas of law and regulation which may merit review and consideration in addition to air pollution control include, but should not be deemed to be limited to: Water Pollution Control regulation (Reference TCA A769-3-101, et seq.), Hazardous Waste Management (Reference TCA A768-46-101, et seq.), Sanitary Landfill Areas Act regulation (Reference TCA A768-33-101, et seq.), Solid Waste Disposal regulation (Reference TCA A768-31-101, et seq.), Regulations relating to water purification and sewage treatment (Reference TCA A768-13-101, et seq.), Regulations relating to nuclear materials and radioactive waste (Reference TCA A768-23-101, et seq.), The Resource Conservation and Recovery Act (RCRA), The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and The Superfund Amendments and Reauthorization Act of 1986 (SARA); and WHEREAS, the unusual and unique configuration of the topography and geography of Chattanooga and 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 regulations and in relation to local monitoring to provide for local-government comment to, or action in relation to, 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 authorized zoning regulations should take into consideration factors of environmental concern as well as other factors in the applicable decision making process; 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; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE: 1. That a task force is created: To undertake a survey and study of currently existing federal, state and local legislation and regulation; To investigate and gather such factual data as may be reasonably available and necessary; To communicate with and, where appropriate, to make recommendations to local government, state government and/or Federal government or agencies of any of these; To prepare draft proposed local- government legislation and/or regulations to allow local government to more closely monitor and, to the extent permissible under the law, to regulate at the level of local government activities in the transport, treatment, storage or disposal of commercial medical and commercial hazardous waste which cause, or may cause, an impact on the environment including but not limited to to the regulation and control of commercial medical waste and commercial hazardous waste inspection, packaging, loading, transport, off-loading, storage, maintenance, pre-treatment, treatment, disposition and/or incineration and the collection, control and disposition of residues therefrom. 2. That the Task Force shall consist of: 2.1 The County Attorney, 2.2 The City Attorney, or his designee, 2.3 The Administrator of the Chattanooga- Hamilton County Health Department, 2.4 The Chairman of the Chattanooga-Hamilton County Air Pollution Control Board, 2.5 The Director of the Chattanooga-Hamilton County Air Pollution Control Bureau (provided the Board authorizes the Director to serve), 2.6 The Legal Counsel for the Chattanooga- Hamilton County Air Pollution Control Board (provided the Board authorizes its Counsel to serve), 2.7 The Director of the Chattanooga-Hamilton County Regional Planning Commission or his designee (provided the Executive Committee of that Commission authorizes the Director or designee to serve), 2.8 The Chairman of the Advisory Board of the Chattanooga-Hamilton County Health Department (provided that Board authorizes the Chairman to serve), 2.9 The Superintendent of the Chattanooga Regional Sewer System, 2.10 The Hamilton County Commissioner who serves as Chairman of the County Health, Education, Arts and Recreation Committee, 2.11 A Chattanooga City Council member who shall be designated by the Council. 3. That the Task Force should consult with such other agencies of government as are deemed appropriate; and said agencies are requested to cooperate in this endeavor; and 4. That the Chattanooga-Hamilton County Air Pollution Control Bureau shall furnish the clerical assistance and staff support for the assigned Task under the direction of the Director of the Bureau (provided the Board authorizes the Bureau to act in such capacity). 5. That the moratorium adopted by Resolution No. 18503 on March 20, 1990, encaptioned "A RESOLUTION TO ADOPT A TWENTY FOUR (24) MONTHS MORATORIUM ON THE CONSTRUCTION AND OPERATION OF COMMERCIAL MEDICAL WASTE INCINERATORS", be extended to March 21, 1993, and that the moratorium shall also apply to commercial hazardous waste incinerators. ADOPTED: August 21, 1990 MAM:cjc