Subject: 21684/Tri-StateSteel/HazWasteAppl/AuthAirPollutionToHear
Date: Mon, 23 Feb 1998 13:46:14 -0500


                              RESOLUTION NO. 21684
                
                
                 A RESOLUTION DESIGNATING AND AUTHORIZING THE
                 CHATTANOOGA-HAMILTON COUNTY AIR POLLUTION
                 CONTROL BOARD AND/OR BUREAU TO ACT FOR THE CITY
                 AND TO TAKE SUCH ACTIONS AS ARE APPROPRIATE IN
                 BEHALF OF THE CITY IN PARTICIPATING IN THE
                 PUBLIC HEARING AND IN MAKING COMMENTS UPON THE
                 APPLICATION(S) OF TRI-STATE STEEL DRUM, INC.,
                 FOR HAZARDOUS WASTE PERMIT(S) OR MODIFICATIONS
                 FOR A FACILITY OR FACILITIES LOCATED NEAR THE
                 CHATTANOOGA CITY LIMITS IN THE GENERAL AREA OF
                 JULIAN ROAD NEAR NEIGHBORHOOD ROAD AND TO TAKE
                 SUCH OTHER ACTIONS AS ARE APPROPRIATE TO SAME.
                
                
                                                    
                
                
       	    	 WHEREAS, the City of Chattanooga (City) has a legitimate
       interest in the protection of its environment from impact from a
       facility located out of the City but within one (1) mile of its
       corporate limits; and
       	    	 WHEREAS, it has come to the attention of the City that
       there is presently pending an application for a hazardous waste
       permit or for permit modification for Tri-State Steel Drums, 
Inc.,
       (Permit Applicant) for a facility located approximately 
two-tenths
       mile from the Chattanooga City limits; and
       	    	 WHEREAS, a public notice has been published by the
       Georgia and/or federal regulatory agencies setting a public
       hearing on February 26, 1998, and establishing the closing of the 

       public comment period on March 4, 1998; and
       	    	 WHEREAS, investigation undertaken thus far shows the
       Permit Applicant has been charged in the past with serious
0C
       violations of applicable environmental laws, statutes and
       regulations; and
       	    	 WHEREAS, the Permit Applicant's present and proposed
       facilities and activities have the potential for pollution of:
       	    	 (1)  the ambient air into parts of Chattanooga;
      
       	    	 (2)  the South Chickamauga Creek, which flows northward
                      from near the Permit Applicant's facility and
                      meanders through a large part of Chattanooga; and
      
       	    	 (3)  much of the truck traffic to and from the Permit
                      Applicant's facilities must necessarily pass
                      through the City; and whereas further study and
                      investigation may reveal other and different
                      potential for danger to the health, safety and
                      welfare of the citizens and residents of the City; 

                      and
      
       	    	 WHEREAS, the interests of the City and its citizens and
       residents can be best served by the designation and authorization 

       of an agency of local government to represent the City in the
       aforesaid permit process; and
       	    	 WHEREAS, the Chattanooga-Hamilton County Air Pollution
       Control Board and Bureau, through the Chairman and Director,
       respectively, have indicated a willingness for the Bureau to 
serve
       in that capacity;
       	    	 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
       CITY OF CHATTANOOGA, TENNESSEE, That the Chattanooga-Hamilton Air 

       Pollution Control Bureau, subject to such supervision as the 
Board
       may desire to exercise, be, and hereby is, designated and
       authorized to be the representative of the City of  Chattanooga:
       	    	 (1)  to appear at and participate in the public hearing
                      (or public hearings if there be more than one) on
                      the permit application(s) aforesaid; and
      
       	    	 (2)  to comment upon the permit application(s) as
                      provided by law; and
      
       	    	 (3)  to otherwise participate in the permit process and
                      related activities; and
      
       	    	 (4)  to take such other actions as are reasonable,
                      appropriate, proper and available under the law to 

                      protect the environment of the City and the health 

                      and welfare of the citizens and residents of the
                      City of Chattanooga and Hamilton County in
                      connection with the proposed facility and
                      activities above identified.
      
      
       ADOPTED:	 February 24, 1998
      
       :cjc