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The following is an extract from the Knox County Air Quality Management regulations found at: https://www.municode.com/library/tn/knox_county/codes/code_of_ordinances?nodeId=PTIICO_CH26EN_ ARTIIAIPO 

### ARTICLE II. - AIR POLLUTION FOOTNOTE(S):



### --- (**2** ) --- **State Law reference —**  Local regulations authorized, T.C.A. § 68-201 - 115. 

### Sec. 26 - 30. - Short title. This article shall be known and may be cited as the "Knox County D epartment of Air Quality Management." 

### (Ord. No. O -99 -2 - 101, § 1, 3 -22 -99) Sec. 26 - 31. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in th is section, except where the context clearly indicates a different meaning: Air contaminant means particulate matter, dust, fumes, gas, mi st, sm oke, vapor, or odor, or any com binations thereof. 

### State Law reference**—** Similar provisions, T.C.A. § 68 -201 - 102 (1). Air pollution means the presence in the outdoor atmosphere of one or mo re air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to hum an, plant or animal life or to property, or which unreasonably interfere with the enjoyment of life and property. 

### State Law reference**—** Similar provisions, T.C.A. § 68 -201 - 102(3). Board means the air pollution control board of the county, created by C hapter 37, Private Acts of 1969, unless otherwise specified. Director m eans the director of the Knox County Department of Air Quality Management. Knox County

Technical Societies means a nom inating committee com posed of a chairman who is a representative of the Knoxville Technical Society and one representative from each of the participating engineering or scientific societies. To be eligible to participate, the society mu st present evidence that it has a mi nim um of 20 me mbers who are residents of this county and that a significant part of its program is in an area related to air pollution. 

### (Ord. No. O -90-9 - 115, § 1, 9 - 10-90; Ord. No. O -99 -2 - 101, § 2, 3 -22 -99)

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### Cross reference**—** Definitions generally, § 1 -2. Sec. 26 - 32. - Intent, purpose. It is the intent and purpose of this article to em power the county to undertake an air qu ality ma nagem ent program that will ma intain the purity of the air resources of the county consistent with the protection of the normal health, general welfare and physical property of the people, maxim um em ployme nt in and full industrial development of the county. The county is empowered to seek the accomplishment of these objectives through the prevention, abatement, and control of air pollution by a ll practicable and economically feasible methods. 

### (Ord. No. O -90-9 - 115, § 2, 9 - 10-90; Ord. No. O -99 -2 - 101, § 3, 3 -22 -99) Sec. 26 - 33. - Administration of program. (a) Except as provided in this article, administration of the county's department of air quality ma nagem ent shall be under the jurisdiction of the county health officer, or the health officer's design ee, who shall appoint a director of the air quality ma nagement department. The director shall be responsible for the direction and enforcement of the air quality m anagem ent program for the county. (b) The director of air quality management shall possess a nd meet all requirements of state law to serve in such position, or shall com ply with other provisions allowable under state law, to ensure the meeting of all requirements to ma intain the county a ir quality ma nagement program as provided under general law. 

### (Ord. No. O -90-9 - 115, § 3, 9 - 10-90; Ord. No. O -99 -2 - 101, § 4, 3 -22 -99) Sec. 26 - 34. - Control board. (a) An air pollution control board of the county i s hereby

c reated, composed of nine me mbers who are residents of the county, or as specified below, a resident of the Knoxville Metropolitan Area, who shall be appointed by

the county

commission. One of the me mbers shall be a doctor of medicine licensed to practice medicine in the state; one shall be an engineer, or technically trained person or scientist in an area related to air pollution; one shall be representative of the industrial interests of the county, one shall be a me mber of the faculty

o r staff of the University of Tennessee and mu st be a resident of Knox County or the Knoxville Metropolitan area; one shall be a me mber of the faculty or staff of Pellissippi State Community College; one shall be an official or em ployee of the City of Knoxville; one shall be an official or em ployee of the county; one shall be an official or staff of the Knoxville Are a Transportation Planning Organization; and one shall be a private citizen from the public at large who is not a public official or an employee of the county or city; provided however, that a ma jority of the persons who do not derive a ma jority of their ea rned income through em ployme nt by persons or industries subject to receiving and ma intaining operating permits required by 4 0 CFR 70. Such appointments shall be made from a list of not mo re than three persons meeting the foregoing qualifications, respectively, nominated by e ach of the following: the Knoxville Academ y of Medicine, the Knox County Technical Societies, the Knoxville Chamber of Commerce, the Chancellor of the University of Tennessee, the Chancellor of the Board of Regents, the Mayor of the City of Knoxville, the mayo r of the county, the Chairman of the Knoxville Area Transportation Planning Organization, and the county commission. Members shall hold office for four-ye ar terms, or until their successors are appointed and qualified. A vacancy shal l be filled in the same manner, after up to three persons have been nominated to the county commission by the organization or officer as specified in this section to nom inate persons qualified to fill the vacancy, for the unexpired term. Mem bers shall serve without compensation.

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(b) The board shall meet at least quarterly each ye ar in regular session. The board shall elect a chairman and vice-chairman biennially at its first meeting after the commencement of new terms, and it shall adopt rules of procedure to govern the conduct of its business. A member of the board may be removed by

the county

commission for cause. The director shall attend all meetings of the board and shall act as secretary of the board, making a record of all proceedings. Public notice shall be given of all meetings of the board and such meetings shall be open to the public. An y potential conflict of interest on the part of a me mber of the board shall be publicly announced to the board prior to any vote, and any member who has a direct financial interest in the outcome of any vote shall recuse him self from that vote. If either the director or the board become responsible, in whole or in part, for the design, construction and/or operation of a solid waste incinerator, neither the board nor the director shall have the power to issue a permit for such unit. (c) The board shall have power to adopt, after receiving the recommendations of the director, rules and regulations prescribing standards and procedures for carrying out an air pollution control program within the county, or in conjunction with other counties and municipalities. Such rules and regulations shall be reasonably related to the purpose declared in section 26- 32 and shall be consistent with the substantive provisions of T.C.A. §§ 68-201 - 101 —68-201 -203, as am ended, and any rules and regulations thereu nder. Prior to adoption, such rules and regulations, or any a me ndm ent thereto, shall be issued in draft form and made available to any interested person, and the board shall hold a public hearing thereon, after at least 30 days' notice published in a newspaper of general circulation in the county . Wh en adopted, such rules and regulations, and am endm ents thereto, shall be printed and made available at reasonable cost to any i nterested person, and a notice of such availability shall be published in a newspape r of general circulation in the county . The director shall issue an annual report on July 1 of each year outlining the causes of air pollution in the county, including a list of persons contributing substantially to air pollution; steps that have been take n to curb air pollution; and plans for the coming year. The director may also issue additional reports if requested. 

### (Ord. No. O -90-9 - 115, § 4, 9 - 10-90; Ord. No. O -94-7 - 101, §§ 1, 2, 8 -22 -94; Ord. No. O -99 -2 - 101, § 5, 3 -22 -99; Ord. No. O -03 -9 - 101, 10-27 -03) Sec. 26 - 35. - Director's powers; conduct of hearings. (a) The director and his deputies may exercise the same investigative powers delegated to the state air pollution control board or to that board's technical secretary b y T.C.A. §§ 68-201 - 101 —68-201 -203. The director, in accordance with rules and regulations adopted by t he board, is empowered to issue an order, or to grant a variance for a period not to exceed one ye ar (which may be renewed for no mo re than two like periods unless reasonable progress has been made) to any p erson after according a hearing to such person. Such person, if dissatisfied with the director's decision, may within 30 days appeal therefrom to the board, which shall within a reasonable tim e after a public hearing confirm, modify or reverse the director's decision, which shall be subject to judicial review as provided by

state law. An y other person who disagrees with any ruling of the director for any reason concerning air pollution may appeal the ruling to the board, which shall hear the appeal at its next regular meeting which shall be open to the public and the board may m odify, confirm or reverse the director's decision. Procedures for hearings before the director and the board shall be prescribed in rules and regulations adopted by the board. (b) In the conduct of hearings as provided in this section, the director and the board shall have power to subpoena witnesses and records and shall be entitled to judicial process for enforcement of such subpoenas. No person subject to th e board's rules and regulations shall be required to disclose any secret formulas, processes or methods used in any m anufacturing operation carried on by h im o r under his direction. The composition of air contaminants shall not be considered secret unless so declared by

the board and the board shall have the power to issue protection orders to prevent public dissemination. 

### (Ord. No. O -90-9 - 115, § 5, 9 - 10-90; Ord. No. O -94-7 - 101, § 3, 8 -22 -94)

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Sec. 26 - 36. - Violations. Violation of any rule or regulation d uly promulgated by the board under this article is declared to be a mi sdem eanor, punishable as provided by state law. 

### (Ord. No. O -90-9 - 115, § 6, 9 - 10-90) Sec. 26 - 37. - Injunctive relief. The director may

cause to be instituted a civil action in any court of competent jurisdiction for injunctive relief to prevent violation of any rule or regulation promulgated by the board under this article or of any order duly issued by the director as confirmed or modified by the board, if such is the case. 

### (Ord. No. O -90-9 - 115, § 7, 9 - 10-90) Sec. 26 - 38. - Article for benefit of public generally. The basis for proceedings or other actions that result from violations of this article or of rules, regulations or orders issued pursuant thereto, shall inure solely to and sh all be for the benefit of the public generally, and this article is not intended to create in any way o r enlarge or affect in any way a ny p rivate rights. A determination that there has been a violation of this article or of any rule, regulation or order issued pursuant thereto shall not create by reason thereof any presumption or finding of fact or law for use in any lawsuit brought by a private citizen. 

### (Ord. No. O -90-9 - 115, § 8, 9 - 10-90) Secs. 26 - 39 — 26 - 65. - Reserved.