## ORDINANCE 03-06 AN ORDINANCE TO ADOPT AN AIR POLLUTION CONTROL CODE FOR THE CITY OF BARTLETT WHEREAS, It is the declaredpublicpolicy ofthis municipality to maintainpurity ofthe airresources of the municipality consistent with the protection ofnormal health, general welfare and physicalproperty ofthe people, maximum employment and the full industrial development of the state and 

### to seek the accomplishment of these objectives through the prevention, abatement and control ofair pollution by all practical and economically feasible methods. It is also the intent ofthis municipality to qualify for receipt of federal 

### funds available for air pollution control programs and to that end, this ordinance shall be construed to give the authority to so qualify and maintain such qualification; and 

## WHEREAS, localregulation ofairquality is the most efficientmeans towards that end; and 

## WHEREAS, The operation ofa local airpollution control programby the Memphis-Shelby County Health Department, which 

### was established in the Shelby County 

### Air Pollution Code, first adopted on June 30, 1969 by the Shelby County Quarterly Court, and subsequently adoptedbythe City ofBartlett 

### and has servedto protectthe air quality inthe CityofBartlett and efficientlymeetthe needs ofthose regulatedbyair pollution controllaws; and 

## WHEREAS, In order to maintain the Certificate ofExemption granted by the Tennessee 

### Air Pollution Control Board to the local air pollution control program it is necessary to adopt regulations no less stringent 

### than state standards; and 

## WHEREAS, The City ofBartlett desires to enact airpollution control regulations not less stringent 

### than standards adoptedbythe state pursuantto Chapter 68-201, Part 1; and 

## WHEREAS, Title V of the Clean 

### Air Act of 1990 requires air pollution control programs that wish to operate a major source operating permit program 

### to establish a fee structure sufficient to 

### fund the direct and indirect costs ofsuch a program; and 

## WHEREAS, the Board of Mayor and Aldermen has previously established a fee system to collect and administer emissions fees and annual inspection/operating fees which has also been adopted 

### in the othermunicipalities ofShelby County; and 

## WHEREAS, the Board ofMayor and Aldermen wishes to retain the same annual $29.65 per ton emission fee without ConsumerPrice Index adjustment for emissions beginningwithcalendar year 1995; and 

## WHEREAS, Tennessee Code Annotated §68-201-115(a) provides that any municipality or county may adopt an ordinance orresolution which incorporates byreference any federal or state regulations when suchregulations are properly identified as to date and source, and when at least three (3) copies of such regulations which are incorporated by reference are filed 

### in the office ofthe county clerk for public use, inspection and examination for a periodof

### thirty (30) days before adoption ofthe ordinance orresolution incorporating regulations byreference; and 

## WHEREAS, such cftdinance or resolution incorporating regulations by reference shall become effective only afterpublicationin a newspaperhaving a general circulation inthe county; and

## WHEREAS, the Memphis and Shelby County Health Department has caused to be published in a newspaper having general circulation in Memphis and Shelby County, Tennessee, notice ofthe availability for public use, inspection and examination at the office of the Shelby County Clerk of three (3) copies of federal and State regulations to be incorporatedbyreference for a period ofthirty (30) days before adoption ofthe ordinance orresolution incorporatingregulationsbyreference andnotice that the date June 17, 2002, was the date ofpublic hearing on adoption ofsuchordinance; and 

## WHEREAS, maintaining up to date technical standards promulgatedbythe Tennessee Department of Environment and Conservation (Tennessee) for the control ofairpollutionprevents the need for state control ofthe City ofBartlett

### airpollution sources subjectto these controls, specificallythose provisions found inthe Rules and Regulations ofTennessee Chapter 1200-3-2, titled Definitions; Chapter 1200-3-3, titled Ambient

### AirQuality Regulations; Chapter 1200-3-5, titledVisible Emissions; Chapter 1200-3-6, titled Nonprocess Emission Standards; Chapter 1200-3-7, titledProcess Emissions Standards; Chapter 1200-3-9, titled Construction and OperatingPermits; Chapter 1200-3-10, titledRequired Sampling. Recording andRe.porting; Chapter 1200-3-11, titledHazardous 

### Air Contaminants; Chapter 1200-3-12, titled Methods ofSampling and Analysis; Chapter 1200-3-14, titled Control ofSulfur Dioxide Emissions; Chapter 1200-3-15, titledEmergency Episode Plan; Chapter 1200-3-16, titledNew Source Performance Standards; Chapter 1200-3-18, titled Volatile Organic Con:mounds; Chapter 1200-3-20, titled Limits on Emissions due to Malfunctions, Startups and Shutdowns; Chapter 1200-3-21, titled General Alternate Emission Standards; Chapter 1200-3-22, titled LeadEmission Standards; Chapter 1200-3-24, titled Good EngineeringPractices StackHeight Regulations; Chapter 1200-3-25, titled Standards for Infectious Waste Incinerators; Chapter 1200-3-30, titled Acid Precipitation Standard; Chapter 1200-3-31, titled National Emission Standards for Hazardous 

### AirPollutants for Source Categories; Chapter 1200-3-32, titled Prevention ofAccidental Releases; Chapter 1200-3-34, titled Conformity; and the NewSource Performance Standards (withthe exception ofSubparts B, C, Cb, Cc, Cd, Ce, AAA) of the Code ofFederal Regulations, Title 40, Part 60 (40 CFR 60) (Revised as ofJuly 1, 2002), andAppendices A, B and F of40 CFR60 (Revised as ofJuly 1, 2001) except for the authorities thereinretainedbythe Administrator andnot transferred to a State. 

## NOW, THEREFORE, BE IT ORDAINED BYTHE BOARD OFMAYORAND ALDERMEN OFTHE CITY OFBARTLETT,that the airpollution control ordinance inthe Bartlett Municipal Code, be, and hereby is, amended as herein set forth. 

## Section 1. Thatthe 

### AirPollution Control Code ofthe BartlettMunicipal Code ofOrdinances is herebyrepealed 

### inits entirety. 

## Section 2. That Section 05 ofthe BartlettMunicipal Code ofOrdinances shall be the "CITY OF 

### BARTLETT, TENNESSEE- AIR

### POLLUTION CONTROL CODE" and shallbe titled the same. 

## Section 3. That the following shall be adopted as Subsection 05(1) and shall be titled Words and Phrases Substituted in State Regulations Adopted byReference: (a) For the purpose of enforcement of the City of Bartlett, Tennessee--Air Pollution Control Code, the following shall apply: (1) Wherever the terms Air Pollution Control Board of the State of Tennessee, Tennessee Air Pollution Control Board, or Board appear, they shall be replaced by Memphis and Shelby County AirPollution CQi!trol withthe following exceptions: (a) 05(109) 1200-3- 9-.04 

### \6)- 

### 05(IU7)

___**l21){J-3-=t~·-----** (c) 05(106) 1200-3- 6-.01 (d) 05(114) 1200-3-14-.01(1)(a), and (e) 05(111) 1200-3-11-.01(1) 

### 2

### (2) Wherever the terms Tennessee, State ofTennessee, or State appear, they shall be replaced by City ofBartlettwiththe following exceptions: (a) 05(109) 1200-3- 9-.04 (b) 05(114) 1200-3-14-.0l(l)(a) (c) When referring to Tennessee Code Annotated, and (d) Whenreferring to the Tennessee Air QualityAct (3) Wherever the terms Technical Secretary ofthe Tennessee Air Pollution Control Board, Technical Secretary, or Secretary appear, they shall be replaced by Health Officer except in items 05(5)(e)(2)(a) and (b) for the purposes ofTennessee Code Annotated §68-201-116(b)(l). (4) Wherever the terms "Department of Environment and Conservation ofthe State of Tennessee", "Tennessee Department ofEnvironment and Conservation", or "Department" appear, they shall be replacedby "Memphis and Shelby County HealthDepartment". (5) Wherever the terms Tennessee AirPollution Control Division ofAir Pollution Control, or Division appear, they shall be replaced by Memphis and Shelby County Health Department, Air Pollution Control Section. (6) Wherever the terms Tennessee Air Pollution Control Regulations or Regulations appear, they shall be replaced by City ofBartlett, Tennessee--Air Pollution Control Code. (7) Wherever the term Nashville Office appears, it shall be replaced by Memphis and Shelby County Health Department. (8) Wherever the term "State Civil Defense" appears, it shall be replaced by "Memphis and Shelby County Emergency ManagementAgency". (9) Wherever the terms "Chapter 1200-3-26", "Rule 1200-3-26-.02"' or other citations involving "1200-3-26" appear, they shall be replacedby "Subsections 05(11) through (20)". 

## Section 4. Thatthe following shall be adopted as Subsection 05(2) and shallbe titled Open Burning: (a) No person shall cause, suffer, allow or permit open burning ofrefuse, garbage, trade waste, trees, limbs, brush, or materials from salvage operations. The open burning of tires and other rubber products, vinyl shingles and siding, other plastics, asphalt shingles and other asphalt roofing materials, and/or asbestos containing materials is expressly prohibited, and such materials shall not be lawful in any open burning conducted under the provisions ofSubsection05(2). (b) Open burning as listed below may be conducted without permit subject to fire department approval and provided further that no public nuisance is orwillbe createdby the openburning. (1) Fires used for the cooking of food or for ceremonial, recreational or comfort-heating purposes including barbecues and outdoor fireplaces. This exception does not include commercial food preparationfacilities and their operation. (2) Fires set for 

## tY; training and instruction offiremen or for research in fire protection or prevention. However, routine demolition ofstructures via supervised open burning by responsible ftre control persons 

### will notbe considered fire training. Additionally, the personresponsible for suchburning, unless conducted at a recognized fire training academy, must certify compliance with the following requirements by written statement. The certification must be delivered to the Pollution Control Section ofthe Memphis-Shelby County Health Department (Department) at least ten (10) working days priorto commencing the burn: 

### 3(a) The openburning is being conducted solely for fire training purposes. 

### (b) All vinyl siding, carpet, vinyl flooring, asphalt roofing materials, and any other materials expresslyprolnbited inParagraph 05(2)(a), havebeenremoved. (c) All regulated asbestos containing materials have been removed in accordance with Subsection 05(111) [Reference 1200-3-11-.02(2)(d)3.(x)]. (d) A traffic hazard

### willnotbe causedbythe 

### air contaminants generatedbythe fire training. (e) A public nuisance 

### will notbe createdbythe openburning. (3) Smokeless flares or safety flares for the combustion of waste gases provided other applicable Paragraphs ofthis Subsection are met. (4) Reserved. (5) Fire used for carrying out recognized agricultural procedures necessary for the production or harvesting ofcrops or for the control ofdiseases or pests, in accordance with practices acceptable to the Department. (6) Fires for the burning of bodies of dead 

### animals, including poultry, where no other safe and/or practical disposal method exists. (c) Exceptions to Paragraph (a) maybe permitted for vegetation 

### ifall ofthe following conditions are met when an air curtain destructor is used: 

### (1) A request 

### is filed with the Health Officer giving the reason why no method except open burning canbe employedto dispose ofthe material involved, the amount andkind ofmaterial to be burned, the exact location where the burning will take place, and the dates when the open burning will be done. All changes 

### in types of, or increase in quantities of, materials burned must be preceded by notification. The notification must be delivered to the Department at least ten (10) working days priorto commencing the change inthe burn. (2) Theperson applying for the permit certifies, bywritten statement, compliance with following distance requirements, at a minimum: (a) The open burning site must be at least five hundred (500) feet from any Federal and from any State highway; and 

### (b) The openburning site mustbe atleast one thousand (1,000) feet from any school, national or state park, national reservation, national or state forest, wildlife area, and/orresidence not on the sameproperty as the 

### air curtaindestructor; and (c) The open: burning site must be at least one-half(l/2) mile from any airport, nursing home or hospital. (3) The plume 

### froa the air curtain destructor must meet the visible emission standards specified in Subsection 05(105) [Reference 1200-3-5-.01(1)]; however, for certain materials the Department may allow one start-up period inexcess ofthe standard, perday, notto exceed 20minutes in24 hours.



### 4(4) All material to be burned must be dry and in other respects be in a state to sustain good combustion. Open burning must be conducted when ambient conditions are such that good dispersion of combustion products 

### will result. Priming materials used to facilitate such burning shall be limited to #1 or#2 grade fuel oils. (5) No fire shall be ignited while any air pollution emergency episode is in effect in the area ofthe burn. No fire shall be ignited during any exceedance of the National Ambient 

### Air Quality Standard for ozone, oxides ofnitrogen, carbonmonoxide, orparticulate matter. Permittee is required to contact the Department's Computerized Local 

### Air Index Reporting system (CLAIR) recorded line at (901) 544- 7489 or 544-7490 before igniting a fire to determine 

### ifitis a BurningDayor a No-Burning Day. (6) Approval is received from the HealthOfficer inwriting. (7) Permissionis secured from the fire department inthejurisdictioninvolved. (8) The burning 

### willbe done between the hours of9:00 am and 4:00pmor as authorizedby the health officer. This approval will' not relieve the person responsible for such burning from the consequences of any damages, injuries, or claims resulting from suchburning. (d) Definitions. (1) 

### "Air Curtain Destructor" is a portable or stationary combustion device that directs a plane ofhigh velocity forced draft air through a manifold head into a burn chamber with vertical walls in such a manner as to maintain a curtain of air over the surface of the burn chamber and a recirculating motion ofair under the curtain. The use ofan air curtain destructor is considered controlled open burning. (2) "Air Pollution Emergency Episode" is defined as air pollution alerts, warnings, or emergencies declared by the Health Officer during adverse air dispersion conditions that may result in harm to public heath orwelfare. (3) ''Natural Disaster" is defined as any event commonly referred to as an "Act ofGod" and includes but is not limited to the following weather related or naturally occurring categories of events: tornadoes, hail and wind storms, snow or ice storms, flooding, and earthquakes. (4) "Open Burning" is the burning ofany matter under such conditions that products of combustion are emitted directly into the open atmosphere without passing directlythrough a stack. (5) "Person" is any individual, partnership, co-partnership, 

### firm, company, corporation, association, joint stock company, trust, estate, political subdivision, an agency, authority, commission, or department ofthe United States government, orofthe State ofTennessee government; or any other legal entity, orits legal representative, agent, or assigns. (e) Burning after natural disasters. (1) Open burning of materials resulting from a natural disaster, and when conducted in conformity with the**follo~g** conditions, maybe permitted: (a) Fires disposing of structural and household materials and vegetation are allowed only when those structures or materials are destroyed or severely damaged by natural disaster. Input from Emergency Management personnel may be requested in determining qualification with this criteria. The provisions ofthis Subsection pertaining to structural 

### 5and household materials may be waived if the persons seeking to open burn under this provision make a reasonable effort to remove all expressly prohibited material from the structural remains before ignition. The Department reserves the right to inspect the proposed materials to be burned before ignition. The alternative use of chippers and grinders, landfilling, oron-site burial ofwaste in lieu ofburning, 

### iflawful, is encouraged. 

### (b) Ifa governmental collective burn site for disposing ofstructural and household materials and vegetation damaged by a natural disaster is planned, the person responsible for such burning must notify the Department of the proposed location. The notification must be delivered to the Department at least three (3) days prior to commencing the burn. The Department may request that alternate sites be identified to minimize impact to air quality. The alternative use ofchippers and grinders inlieu ofburning is encouraged. (c) A traffic hazard shall notbe causedbythe air contaminants generatedbythe fire. (d) No fire shall be ignited while any air pollution emergency episode is in effect in the area of the burn. No fire shall be ignited during any exceedance of the National Ambient Air Quality Standard for ozone, oxides of nitrogen, carbon monoxide, or particulate matter. Contact the Department's Computerized Local Air Index Reporting system (CLAIR) recorded line at (901) 544-7489 or 544-7490 before igniting a fire to determine 

### ifit is a Burning Dayor a No-Burning Day. (e) Open burning conducted under this exception is only allowed where no other safe and/or practical means ofdisposal is available. (2) TheHealth Officerreserves the right to require a personto cease orlimit openburning ifemissions from the fires are deemed by the Health Officer or his designee to jeopardize public health or welfare, create a public nuisance or safety hazard, create a potential safety hazard, or interfere with the attainment ormaintenance ofthe air quality standards. (3) Any exception to the open burning prohibition granted by this Subsection does not relieve any person ofthe responsibility to obtain a permit required by any other agency, or ofcomplying with other applicable requirements, ordinances, or restrictions. [Particular attention is directed to 

### T.C.A. §39-14-306, which prohibits open air fires between October 15 and May 15 within five hundred (500) feet of any forest, grasslands or woodlands without first securing a permit from the State forester inunincorporatedportions ofShelby County.] 

## Section 5. ofParts ofArticles: That the following shall be adopted as Subsection 05(3) and shall be titled Severability

Theprovisions ofthis AirPollutionControl Code are hereby declared to be severable, and 

### ifany Subsection, Paragraph, subparagraph, item, subitem, clause, subclause, division or subdivision be held unconstitutional or void, then the remainder ofthis AirPollution Control Code shall continue in

### full force and effect, itbeing the legislative intent that this AirPollution Control Code wouldhave been adopted even 

### ifsuchunconstitutional orvoidmatter hadnot been included therein. 

## Section 6. That the following shall be adopted as Subsection 05(4) and shall be titled Enforcement -Violations ofChapter- Notice; Citation; InJunctive Relief: (a) Whenever evidence has been obtained or received establishing that a violation of this code has been committed, the Health Officer shall issue a notice to correct the violation or a citation to cease the violation. Such notice or citation shall briefly set forth the general nature ofthe violation and specify a reasonable time within which the violation shall be rectified or stopped. Ifthe violation is not corrected within the time so specified, or the violation stopped, or reasonable steps taken to rectify the violation, the Health Officer 

### 6shall have the power and authority to issue an order requiring the violator to cease or suspend operation of the facility causing the violation until the violation has been corrected, or initiate proceedings to prosecute the violator for violation of

### this code. (b) 

### In the event any person fails to comply with a cease or suspend operation order, that is not subject to a stay pending administrative orjudicialreview, the Health Officer shall institute proceedings in a court ofcompetent jurisdictionfor injunctive reliefto enforce the regulations or orders pursuanthereto. 

### Section 7. That the following shall be adopted as Subsection 05(5) and shall be titled Enforcement Penalties- Misdemeanor, Civil, andNoncompliance: (a) Failure to comply with any ofthe provisions ofthe City ofBartlett, Tennessee--Air Pollution Control Code shall constitute a violationthereofand shall subjectthe person orpersons responsible therefore to any and 

### all of the penaltiesprovidedbylaw. 

### (b) The Memphis-Shelby County Health Department in conjunction with the local Air Pollution Control Board 

### shall have authority, at their option, to institute and litigate proceedings for violations as set out therein. Any person who knowingly: (1} Violates or fails to comply with any provision of the City of Bartlett, Tennessee-Air Pollution Control Code, anyboard or administrative orderor anypermit condition; (2} Makes any false material statement, representation, or certification in any record, report, plan or other documentrequiredbypermit to be either filed ormaintained; (3} Falsifies, tampers with, renders inaccurate orfails to install any monitoring device ormethod required to bemaintained orfollowed; or (4) Fails to pay a fee commits a Class C misdemeanor pursuant to the Tennessee Code Annotated with the fine not to exceed ten thousand dollars ($10,000) per day per violation. For the purpose of

### this Subsection, each day ofcontinued violation constitutes a separate offense and is punishable as such.

No warrant, presentment or indictment arising under Paragraph 05(5)(b) shall be issued except upon application, authorized in writing, by the Health Officer on behalfofthe local 

### air pollution control program operating under a certificate of exemption pursuant to 

### T.C.A. §68-201-115, for a violation within its jurisdiction. (c) Willful andknowing violation ofanyprovision ofthe City ofBartlett, Tennessee--Air Pollution Control Code is declared to be a misdemeanor, and each day ofviolation shall constitute a separate offense. Conviction ofa misdemeanor is punishable with the fine not to exceed ten thousand dollars ($10,000) per day per violation or with imprisonmentnotgreater thanthirty (30) days, orboth. (d) 

### In addition and supplemental to any criminal action which may be prosecuted under this Subsection, the Health Officerhas and is vested withjurisdiction and authority to determine whether ornot anyprovision of the City ofBartlett, Tennessee--Air Pollution Control Code, any permit condition, or any order has been violated, and whether Qf not such violation constitutes a public nuisance. Upon such finding that a public nuisance exists, the Health Officer has authority to abate any such public nuisance in the manner provided bythe general lawrelating to the abatement ofpublic nuisances. (e) Orders and Assessments ofDamages and CivilPenalties andAppeals



### 7

### (1) When the Health Officer discovers that any provision of the City of Bartlett, Tennessee--Air Pollution Control Code has 

### been violated, the Health Officer may issue an order for correction to the responsible person, and this order shall be complied with within the time limit specified in the order. Such order shall be served by personal service or sent by certified mail, return receipt requested. The recipient ofsuch an order may appeal in the same manner as with an assessment of damages or civil penaltyunder subparagraph (2). (2) 

### (a) 

### In addition to the criminal penalties inthis Subsection, any person who violates or fails to comply with any provision ofthe City ofBartlett, Tennessee--Air Pollution Control Code or any standard adopted pursuant thereto in a permit, shall be subject to a civil penalty of up to twenty-five thousand dollars ($25,000) per day for each day of violation. Any person against whom an assessment in excess often thousand dollars ($10,000) for each violationhas been issued by a local pollution control programpursuant to 

### this Subsection may petition the Technical Secretary for de novo review of the assessment under the provisions of 

### T.C.A. §68-201-116. The Technical Secretary shall render an initial determination, and that initial determination may be appealed to the Tennessee Air Pollution Control Board pursuant to this section. Each day such violation continues constitutes a separate punishable offense, and such person shall also be liable for any damages to the municipality resulting therefrom (b) Any civil penalty or damages shallbe assessed 

### in the following manner: 1. The Health Officer onbehalfofthe Memphis-Shelby County Health Department operating under a certificate ofexemption pursuant to 

### T.C.A. §68-201-115 may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested; 2. Any person against whom an assessment has been issued may appeal the assessment by filing a petition for review with the Health Officer, or with the Technical Secretary of an assessment in excess of $10,000 for each violation, within thirty (30) days after receipt ofthe assessment, setting forth the grounds and reasons for such person's objections and requesting a hearing on the matter; and 3. Ifa petition for review ofthe assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shallbecome final. (c) 

### In assessing such civil penalty, the factors specified in 

### T.C.A. §68-201-106 and Title 42 U.S.C. §7413 and §7420 may be considered. Damages to the state or to the City of Bartlett may include any expenses incurred in investigating the enforcing of this Subsection; in removing, correcting, or terminating the effects of

### air pollution; and also compensation for any expense, loss or destruction of plant or 

### animal life or any other actual damages or clean-up expenses caused bythe pollution orby the violation. The plea offinancial inability to prevent, abate or control pollutionby the polluter or violator shall not be a valid defense to liability for violations ofthe provisions ofthe City ofBartlett, Tennessee--AirPollution Control Code. (d) The issuance of an order or assessment ofcivil penalty by the Memphis-Shelby County

### Health~epartment operating under a certificate of exemption as provided for in this Subsection is intended to provide additional and cumulative remedies to prevent, abate and control 

### air pollution in Tennessee. Nothing herein shall be construed to preempt, supersede, abridge or otherwise alter any rights, action or remedies of the Technical Secretary, Tennessee Air Pollution Control Board or Commissioner of the Tennessee Department ofEnvironment and Conservation. 

### 8

### (e)



### Section 8. Variances: 

### 1. Whenever any order or assessment under this Subsection 

### has become final, a notarized copy ofthe order or assessment may be ffied in the office ofthe clerk ofthe chancery court of Shelby County 

### ifthe final order or assessment is from the Memphis-Shelby CountyHealthDepartment. 2. When ffied inaccordance with subitem (e)1., a final order or assessment shall be considered as a judgment by consent of the parties on the same terms and conditions as those recited therein. Suchjudgment shall be promptly entered by the court. Except as otherwise provided in this Subsection, the procedure for entry of the judgment and the effect thereof shall be the same as provided in Title 26, Chapter 6, Tennessee Code Annotated. 3. Within forty-five (45) days after entry of a judgment under subitem (e)2., any citizen ofthe City ofBartlett shall have the right to intervene on the ground that the penalties or remedies provided are inadequate or are based on erroneous findings offacts. Upon receipt of a timely motion to intervene, the court shall determine whether it is duplicitous or frivolous, and shall notify the movant and the parties ofits determination. Ifthe motion is determined not to be duplicitous or frivolous, all parties shall be considered to have sought review of the final order or assessment, and the court shall proceed in accordance with T. C.A. §4-5- 322. Ifno timely motion to 

### intervene is ffied, or 

### ifany such motion is determined to be duplicitous or frivolous, the judgment shall become fmal forty-five (45) days after the date ofentry. 4. A fmal judgment under this subparagraph has the same effect, is subject to the same procedures, and may be enforced or satisfied in the same manner, as any otherjudgment ofa court ofrecord ofthis state. Thatthe following shall be adopted as Subsection 05(6) and shallbe titledEnforcement-

(a) Any person who owns or is in control ofany plant, building, structure, establishment, process or equipment including a group ofpersons who own or control like processes or like equipment may apply to the Air Pollution Control Hearing Board, hereinafter referred to as "the Board", for a variance from rules or regulations governing the quality, nature, duration or extent of discharge of air contaminants. The application for a variance shall include information and data sufficient for the Board to make the findings required below. The hearing held hereunder shall be conducted in accordance with the rules ofevidence as set forth in Paragraph 05(8)(t) ofthe City ofBartlett, Tennessee--Air Pollution Control Code. The Board may grant such variance, but only after public hearing on due notice and subject to the Certificate of Exemptionissuedpursuantto 

### T. C.A. §68-201-115 

### ifit finds that: (1) The emissions proposed to occur as a result ofa variance would not endanger or tend to endanger humanhealth, safety, orwelfare, and would not cause ortendto causeproperty damage; and (2) Compliance with the rules or regulations from which variance is sought would produce serious hardship without equal or greater benefits to the public or a variance is needed only until a rule adopted by 

### th.t Tennessee Air Pollution Control Board becomes State effective. If economic hardship is claimed, a description ofexpected monetary losses shall be included. (b) No variance shall be granted or denied pursuant to this 

### Subsection until the Board has considered the relative interests ofthe applicant, other owners of property likely to be affected by the discharges, and others who maybe affected bygranting or denying a request for variance.



### 9(c) Any variance or renewal thereofshall be granted within the requirements ofParagraph (a) for time periods andunder conditions consistent with the reasons therefore, and with the following limitations: (1) Ifthe variance is granted onthe grounds that there is no practicable means known or available for the adequate prevention, abatement, or control ofthe air pollution involved, the variance shall be permitted only until the necessary means for prevention, abatement, or control become known and available, and the variance shall be subject to the taking ofany substitute or alternate measures that the Boardmayprescribe. (2) If the variance is granted on the ground that compliance with the particular requirement or requirements from which variance is sought will necessitate the taking ofmeasures which, because oftheir extent or cost, must be spread over a considerable period oftime, it shall be for a period not to exceed suchreasonable time as, inview ofthe Board, is requisite for the taking ofnecessary measures. A variance granted on the ground specified herein shall contain a timetable for the taking ofaction in an expeditious manner and shall be conditioned on adherence to such timetable and submittal ofproofthat such timetable is beingmet. (3) Anyvariance orrenewal granted shall be for a time periodnotto exceed one 

### (1) year. (d) Any variance granted pursuant to 

### this Subsection may be renewed by the Air Pollution Control Hearing Board on terms and conditions and for periods which would be appropriate on initial granting of the variance following the same procedures required for issuance ofthe initial variance. 

### Ifcomplaint is made to the Board on account ofthe variance, no renewal thereofshall be granted, unless, following public hearing on the complaint, the Board finds that renewal is justified. No renewal shall be granted except on application therefore. Any such application shall be made at least sixty (60) days prior to the expiration of the variance. Immediatelyupon a receipt ofan application for renewal, the Board shall give public notice of such application in accordance withrules and regulations ofthe Board. (e) A variance orrenewal shall notbe a right ofthe applicant or holder thereof, but shall be in the discretion of the Board. However, any applicant adversely affected by the denial or the terms and conditions of the granting ofan application for a variance or renewal ofa variance by the Board may obtainjudicial review thereofonly in a court ofcompetentjurisdiction. (f) Nothing in

### this Subsection and no variance orrenewal granted pursuant hereto shallbe construed to prevent or limit the application of the emergency provisions and procedures of Subsections 05(7) and 05(115) [Reference 1200-3-15] to anyperson orhis property. 

## Section 9. Thatthe following shall be adopted as Subsection 05(7) and shallbe titled EnforcementEmergencyPowers ofHealth Officer: (a) Any other provisions ofthe law notwithstanding, 

### ifthe Health Officer finds that a generalized condition ofair pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the Health Officer shall order persons causing or contributing to the 

### air pollution to reduce or discontinue immediately the emission of

### air contaminants. Uponissuance ofany such order, the Health Officer shall 

### fix a place and time, notlater

### than twenty-four (24) hours thereafter, for a hearing to be heldbefore the 

### Air Pollution Control Hearing Board Such hearing shall be held in conformity with the provisions of Subsection 05(8), insofar as applicable. Not more than twenty-four (24) hours after the commencement of such hearing, and without adjournment thereof, the 

### Air Pollution Control Hearing Board shall affirm, modify or set aside the order ofthe HealthOffice.. (b) 

### In the absence of a generalized condition of 

### air pollution of the type referred to in Paragraph (a) of 

### this Subsection, but 

### ifthe Health Officer finds that emissions from the operation ofone or more air contaminant sources is causing imminent danger to human health or safety, he may order the person responsible for the operation in question to reduce or discontinue operations immediately, without regard to the provisions of

### this 

### 10

### Chapter. 

### In such event, the requirements for hearing and affirmance, modification or setting aside oforders set forth inParagraph (a) of

### this Subsection shall apply. 

## Section 10. That the following shall be adopted as Subsection 05(8) and shall be titled Air Pollution Control Hearing Board

- Created; Membership; Term ofOffice; Jurisdiction; Hearings; Appeals: (a) There is hereby created the Memphis and Shelby County Air Pollution Control Board, hereinafter referred 

### to as "the Board" to be composed ofnine members to be appointed as described in (1) and (2) below. No member ofthe Board shall hold any elective office or receive any governmental salary except as a member ofthe facu1ty or staffof a school in the Tennessee education system Otherwise, all members shall serve without compensation. Any member ofthe Board who has any conflict ofinterest or potential conflict of interest shall make adequate disclosure ofit and abstain frommatters related to it. (1) Eight (8) members ofthe Board are to be appointedjointly by the Mayor ofthe City ofMemphis andthe Mayor ofShelby County and confirmedbyboth the Memphis City Council and the Shelby County Board of Commissioners. These eight members shall consist of the following: One professional engineer knowledgeable in the field ofairpollution control, one physician licensed to practice in Tennessee, one attorney licensed to practice law in Tennessee, one member of academia, a representative of industry at large, and such other citizen members as may be appointed, exceptthat industry mayhave no more 

### than two representatives. (2) One member ofthe Board is to be appointed by the Executive Committee ofthe Memphis Area Association of Governments. This 

### member is to be a representative for the municipalities of Arlington, Bartlett, Collierville, Germantown, Lakeland, and Millington and is to be a citizen of one ofthese communities. (b) The terms ofthe members shall be four years except that ofthe initially appointed members, ofwhich three shall serve for four years, two shall serve for three years, two shall serve for two years and two shall serve for one year as designated at the time of appointment. Whenever a vacancy occurs, the vacancy shall be filled for the unexpired terminthe same manner as the original appointment. Shou1d the term ofany Board member expire without a replacement member being appointed, the existing member shall continue to hold the Boardmembership until such appointment orreappointment occurs. (c) The Board shall select annually a chairman from among its members. The Board shall hold at least four regu1ar meetings each year and such additional meetings as the chairman deems necessary. All hearings conducted by the Board shall be open to the public. The Health Director shall act as secretaryto the Board and shall keep records ofits hearings and other official actions. All hearings shall be held before not less 

### than a majority ofthe Board. (d) The Board is herebyvested with the followingjurisdiction and authority: Grant, deny orrevoke variance applications. To decide appeals from any decisions, ru1ings, or determinations of the Health Director or his designatedrepresentative under this 

### AirPollution Control Code. (3) To hear appeals arising from the failure ofthe Health Director or his designated representative to actwithin a reasonable period on complaints underthis AirPollution Control Code. G 

### (e) Any person taking exception to and who is uniquely affected by any decision, ruling, requirement, rule, regulation, or order ofthe Health Director or by his failure to act within a reasonable amount oftime 

### may take an appeal to the Board as establishedbythis Subsection. Suchappeals shall be made within fifteen ( 15) days after receiving notice of such decision, ru1ing, requirement, rule, regulation, or order or failure to act by flling a written notice of appeal directly to the Board specifying the ground thereof and the relief 

### 11requested. Such an appeal shall act as a stay ofthe decision, ruling, requirement, rule, regulation or order in question until the Board has taken final action on the appeal, except when the Health Director has acted under Subsection 05(7), "Emergency Order" or except when an appeal has been filed pursuant to Subsection 05(109) [Reference 1200-3-9-.05(8)]. The Board, not more 

### than thirty (30) days after the date offiling an appeal, shall set a date for the hearing not more 

### than sixty (60) days after the date offiling ofthe appeal and shall give notice thereofbymail to the interested parties. (f) Hearings before the Board shallbe conductedinthe following manner: (1) Notice ofany and allhearings shall be given at least fifteen (15) days priorto the scheduled date of the hearing by public advertisement in a newspaper of general circulation in Shelby County, Tennessee giving the date, time, place andpurpose ofthe hearing; and (2) The chairman ofthe Board shall act as the hearing examiner to conduct suchhearing; and (3) Any person seeking a variance or any party who 

### has filed a written notice of appeal pursuant to Subsection 05(8) or Subsection 05(109) [Reference 1200-3-9-.05], may appear in person or by agent or attorney and present evidence, both written or oral, relevant to the questions and issues involved andmayexamine and cross examine witnesses. ( 4) All testimony shall be under oath and recorded. The Board is authorized to have all testimony transcribed and a transcript of such testimony, if transcribed, shall be made available to the respondent or anyparty to the hearing uponpayment ofthe normal fee, which shall not exceed the cost oftranscribing suchtestimony. (5) After due consideration ofthe written and oral statements, the testimony and arguments submitted at the hearing upon such complaint, or, upon default in appearance ofthe respondent on the return date specified inthe formal notice ofcomplaint, the Board shall issue and enter such 

### final order or make such final determination as it shall deem appropriate not later 

### than sixty (60) days after the hearing date, and shall immediately notify the respondent thereof, in writing, by certified mail. Such order or determination shall be approved by at least a majority of members to which the Board is entitled. (6) Upon failure ofthe Board to enter a final order or determination within sixty (60) days after the final argument ofsuchhearing, the respondent shallbe entitled to treat for all purposes such failure to act as a finding favorable to the respondent. (7) The burden ofproof shall be on the Health Director or 

### his duly authorized representative where appeal has been sought pursuant to Subsection 05(8) or Subsection 05(109). The burden ofproof is on the applicant where a variance has been sought pursuant to Subsection 05(6), in accordance with 

### T.C.A. §68-201-118(/c). (8) Any person aggrieved by any final order or determination of the Board hereunder shall have judicialreview thereofbywrit ofcertioraripursuant to 

### T.C.A. §27-9-101 et seq. Nojudicialreview shallbe available until and after all administrative remedies have beenexhausted. 

### Section 11. Abatement: That the following shall be adopted as Subsection 05(9) and shall be titled Nuisance CJ (a) When dust, fumes, gases, mist, vapors, or any combinationthereofescape from a building or equipment in such a manner and amount as to cause a nuisance orto violate anyregulation, the Health Officer may order that the building or equipment in which processing, handling and storage are done be tightly closed and ventilated in



### 12such a way that 

### all air and gases and air or gas-borne material leaving the building or equipment are treated by removal ordestruction ofair contaminantsbefore discharge to 

### the openair. 

### (b) No person shall cause, suffer, allow, or permit any air contaminant source to be operated without employing suitable measures for the control ofthe emission ofobjectionable odors. Suitable measures shall include permit limitations, wet scrubbers, incinerators, or such other devices as maybe approvedbythe Health Officer. 

## Section 12. That the following shall be adopted as Subsection 05(10) and shall be titled Fugitive Dust:

No person shall cause, suffer, allow, or permit any materials to be handled, transported, or stored; or a building, its appurtenances, or a road to be used, constructed, altered, repaired or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be 

### limited to, the following: (a) Use, where possible, water orchemicals for control ofdust inthe demolition ofexisting buildings or structures, constructionoperations, the grading ofroads orthe clearing ofland; 

### (b) Application ofasphalt, oil, water, or suitable chemicals on material stockpiles, and other surfaces which can create airborne dusts; (c) Installation and use of hoods, fans, and fabric filters to enclose and vent the handling of dusty materials. Adequate containmentmethods shall be employedduring sandblasting orother similar operations; (d) Covering, atall times wheninmotion, openbodiedtrucks transporting materials likely to become airborne; (e) Conduct ofagricultural practices such as tilling ofland, application offertilizers, etc. 

### in suchmanner as to not create a nuisance to others residing inthe area; 

### (f) The paving ofroadways and their maintenance ina clean condition; (g) The prompt removal of earth or other material from paved street which earth or other material has been transported thereto bytrucking or earthmoving equipment orerosionbywater. 

## Section 13. That the following shall be adopted as Subsection 05(11) and shallbe titled Permits and Fees

- Applicability and EnforcementAuthority: (a) The provisions of

### this Subsection onPermit Fees shall apply to any personrequired to make application on or after July 1, 1992, to the Memphis-Shelby County HealthDepartment for issuance, re-issuance ormodification ofa permit in accordance with 

### this Chapter and Air Pollution Control Code, and shall be subject to the fee schedule set out in Subsection 05(12). The provisions ofthis Chapter on Emissions Fees shall apply to any person holding or obtaining a valid air pollution permit from the Memphis and Shelby County Health Departmentonor afterJuly 1, 1992, and shallbe subjectto the fees set outin Subsection05(20). 

### (b) The Memphis-Shelby County Health Department (hereinafter referred to as the Department) is designated to carry out and enforce the provisions of

### this Air Pollution Control Code and to promulgate any regulations consistent withit as maybe required for proper administration ofthe fee systemcreatedherein. ct 

## Section 14. That the following shall be adopted as Subsection 05(12} and shall be titled Permits and Fees -PermitFee Schedule:

Fees for permits are hereinafter set outas follows, and shall apply to any "person" as defined 

### inthis Chapter:



## 13

### (a) ConstructionPermits (1) Anypersonmaking application to the Memphis-Shelby County Health Department for a construction permit shall pay an initial filing fee oftwo hundred dollars ($200.00) per permit

### unit This filing fee shall notbe refundable 

### ifthe permit is denied or 

### ifthe application is withdrawn, nor shall itbe applied to any subsequent application. (2) 

### Inadditionto the fees in(a)(1) above, the largest ofthe following fees, 

### ifapplicable, shallbepaid: (a) Preventionofsignificant deterioration (PSD) review

...... $3,000 (b) Major source or major modification review, except PSD sources review, requiring modeling

...... $2,000 (c) Minor source orminor modificationreview, requiring modeling

...... $500 (d) New Source performance standard (NSPS) source review, perpermitunit. $500 (e) National Emission Standard for Hazardous 

### Air Pollutant (NESHAP) source review, per permitunit

...... $500 (b) Inspection/Operating Permit (1) Any person making application to the Memphis-Shelby County Health Department for an inspection/operating permit shall pay the larger of the applicable fees in accordance with the following schedule: (a) Asbestos demolition/renovationremoval, pernotice

...... $100 (b) 

### Air Curtain destructor, perpermitunit..

.... $100 (c) NSPS Source, perpermitunit

...... $100 (d) NESHAP source, perpermitunit

...... $100 (e) Any permit unit with actual emissions of 100 tons or more a year ofany single pollutant

...... $150 (f) Any permit unit with actual emissions of50 tons or more a year, but less than 100 tons per year ofany singlepollutant

..... $100 (g) Any permit unit with actual emissions of25 tons ormore per year, but less than 50 tons per year ofa single pollutant..

... $75 (h) Any permit unit with actual emissions ofless 

### than 25 tons peryear ofa single pollutant. $50 (i) Any permit issued as the result of a permit by rule or annual notification and general standams applicationto a particularbusiness orbusiness group...... $100 

### (i) Any source issued a permitpursuant to local rules implementing Title 40, Code ofFederal Regulations, Section70 (Major Source Permits)

...... $150.00



### 14(2) No portion ofthe inspection/operating fee shall be refundable in the event the source discontinues operationor service during the permittedperiod. (c) Modification ofa Permit (1) Any person making application to the Memphis-Shelby County Health Department for the modification of a permit shall pay a fee for each permit unit being modified, except that no fee is required for modification ofa permitto correct clerical, typographical, orcalculations errors. This fee shallbe set as follows: (a) 

### If the modificationis anticipated to result in anincrease in allpollutants less 

### than 10 tons per year...... $100 

### (b) Ifthe modification is anticipated to result in an increase in all pollutants more 

### than 10 tons peryear, butless 

### than 50 tons peryear...... $250 (c) 

### Ifthe modification is anticipated to result in an increase in all pollutants more 

### than 50 tons peryear...... $500 (d) Stack Sampling (1) Ifa source is required to demonstrate compliance by stack sampling its emissions, it shall pay the following additional fees: (a) Anytesting requiring US/EPA methods 1 through

### 4 only, perpermitunit.

..... $100 

### (b) Particulate emissions testing requiring US/EPAMethod 5, perpermitunit

...... $300 (c) Any other pollution testing by Methods other 

### than US/EPA Method 5, (excepting those subjectto item(a) immediately above), perpermitunit.

..... $500 (2) Any retest required to demonstrate compliance shall be subject to the fee schedule as stated in the items (1)(a) through(1)(c), immediately above. 

## Section 15. That the following shall be adopted as Subsection 05(13) and shall be titled Permits and Fees

- Emissions Fee for Stationary Sources: (a) EMISSIONSFEE

A fee shall be collected annually from each stationary air pollution source which 

### has more 

### than one ton of actual emissions annually ofa regulated pollutant as defined herein, called the "Emissions Fee", which shall equalthe amountdeterminedbythe requirements setforth as follows: (1) Twenty-nine Dollars and Sixty-five Cents ($29.65 1) 

### per ton of emissions emitted from the source beginning with calendar year 1995, not including fugitive emissions and actual excess emissions that



### This is the effective emissions fee rate (after adjustment for carryover overage) approved by the City of 

### Bartlett.

APPROVED 

### RATE $ 9.00 $18.00 ADOPTED 

### IN

1992 1993



## 15 EFFECTIVE RATE $ 9.00 $18.00 APPliCABLE TO 1991 EMISSIONS 1992 EMISSIONSare the result ofprocess malfunctions and facility start-up and shutdown determined by the Health Department to be in compliance with the 

### Air Pollution Code Subsections that excuse these emissions from enforcement ofeach regulated pollutant as defmed in Section 502 (b)(3)(B)(ii) ofthe Federal CleanAirAmendments of 1990. (2) 

### Ifno adjustment in the emissions fee rate established for any calendar year after 1992 is made by the County Commission and the Bartlett BoardofMayor and Aldermen, the fee shall be increasedby the percentage, 

### ifany, by which the Consumer Price Index for the most recent calendar year preceding the unadjusted year exceeds the Consumer Price Index for the calendar year two years prior to the unadjusted year, unless the Shelby County Commission adopts an emissions fee rate that excludes a Consumer Price Index adjustment This rate amount shall then reflect a one-year Consumer Price Index Adjustment. Forpurposes ofthis Chapter and 

### Air Pollution Control Code, the Consumer Price Index is the average of the Consumer Price Index for all urban consumers published by the Department of Labor, as of the close of the twelve month period ending on August 31 of each calendar year, and the revision of the Consumer Price Index which is most consistent with the ConsumerPrice Index for 1989 shall be used. (3) The fee collected shall be adjusted by resolution ofthe Board ofShelby County Commissioners and the Bartlett Board ofMayor and Aldermen from 

### time 

### to time consistent with the need to cover the costs authorized by the Air Pollution Control Code and in accordance with the procedures 

### in Subsection05(20). Forpurposes of

### this AirPollution Control Code a "stationary

### air pollution source" shall be that group of 

### air pollution sources located within a contiguous area and under common control. (b) MAXIMUMAMOUNT SUBJECfTOEMISSIONS FEE Each stationary airpollution source shall be assessed the Emissions Fee onno more 

### than four thousand (4,000) tons peryear ofeachregulatedpollutantitemits. (c) EXEMPTION FOR UNITS SUBJECf TO SECTION 404 PROVISIONS OF 

### TilE CLEAN AIR AMENDMENTS OF 1990 No fee 

### will be charged until the year 2000 with respect to emissions from any unit which is classified as "an affected unit" under Section 404 ofthe.Clean

### Air Act Amendments of 1990, entitled "Phase I Sulfur Dioxide Requirements". 

## Section 16. That the following shall be adopted as Subsection 05(14) and shall be titled Permits and Fees

- Payment ofFees: (a) Any person acquiring a permit shall be subject 

### to the following payment ofpermit fees and the following procedure shallbeused inpaymentthereof: (1) Initial filing fees for constructionpermits mustbe submittedwith the 

### initial permitapplications.

$19.00 1994 $17.10 1993 EMISSIONS $29.65 1995 $29.65 1994 EMISSIONS



# - 

# • $29.65 1995 EMISSIONS $29.65 1996 EMISSIONS $29.65 1998 $29.65 1997 EMISSIONS $29.65 1999 $29.65 1998 EMISSIONS $29.65 2001 $29.65 1999 EMISSIONS $29.65 2001 $29.65 2000 EMISSIONS 

### 16(2) Additional fees related to construction permits including those related to public notice are due within thirty (30) days ofreceipt ofbillingbythe Department (3) Fees relatedto stacktesting are due withinthirty (30) days ofreceipt ofbillingbythe Department. (4) Inspection/Operating Fees are assessed annually onthe anniversary date ofthe issuance ofthe permit where applicable. (a) Fees for asbestos removalmustbe submittedwiththe writtennotice ofintent to remove. 

### (b) Fees for 

### air curtaindestructors mustbe submitted withinten(10) days ofreceipt ofpermit. (5) Fees relatedto modification ofapermitshallbe submitted with the permitapplication. (6) Fees related to public notice necessary for the regulation ofa source shall be due within thirty (30) days ofreceipt ofbillingbythe Department. 

### (b) If

### the emissions fees assessed to a stationary air pollution source are less than five thousand ($5,000) dollars, the fees owed shall be submitted by September 30 ofthe year following the year the emissions occurred. If more than five thousand ($5,000) dollars is owed, then the amount due shall be submittedby January 31 ofthe year two years afterthe emissions occurred. 

### Section 17. That the following shall be adopted as Subsection 05(15) and shall be titled Permits and Fees

- Allowable Uses 

### for Emissions Fee: The Department shall collect an annual emissions fee from those entities within the City ofBartlett which operate stationaryair pollutant sources required to make applicationonor after July 1, 1992, to the Memphis-Shelby County HealthDepartmentfor issuance, re-issuance ormodification ofa permit in accordance withthe City ofBartlett, Tennessee--AirPollutionControl Code, and shall be subjectto the fee schedule setoutin Subsection05{12). This fee shallbe used for: (a) Reviewing and acting upon any application for a permit or permit modification under the City of Bartlett, Tennessee--Air Pollution Control Code as amended; 

### (b) Implementing and enforcing the terms and conditions of any permit issued under the City of Bartlett, Tennessee--AirPollution Control Code, provided, however, such cost shall not include any court cost or other costs associated with anyjudicial enforcement action; (c) Emissions 

### and ambient monitoring and inspection ofsource operatedmonitoringprograms; (d) Preparinggenerally applicable regulations orguidance; (e) Modeling, analyses and demonstrations; (f) Preparinginventories andtracking emissions. (g) Development ofand support for the small business stationary source technical and environmental compliance assistance programas it applies topart70 sources.

**~** (h) Information management activities to support and track permit applications, compliance certifications and related data entry. The emission and annual Operating/Inspection fees collected from major stationary 

### air pollution sources as defined herein, shall be used exclusively for andbe sufficient to pay, the direct and indirect costs ofthe major stationary source 

## 17

### operating permit program allowable under the Federal Clean Air Act and under regulations in support ofthose federal provisions as adopted locally in the City ofBartlett, Tennessee-Air Pollution Control Code. The owner or operator of any stationary source shall also pay any cost ofexpense associated withpublic notices or notifications required pursuant to the City ofBartlett, Tennessee--AirPollution Control Code orthe Federal CleanAir Act 

## Section 18. That the following shall be adopted as Subsection 05(16) and shall be titled Permits and Fees -ReportingRequirements: (a) Except as provided below, each permitted stationary air 

### pollution source must submit to the Department an annual report that establishes the amount of actual emissions of each regulated pollutant, including carbon monoxide, for that source. 1bisreport will be for the emissions ofthat source that occurred during the calendar year starting 

### in 1991 and continuing for succeeding years thereafter. The Department may request, and the air pollution source shall provide, additional information on the emissions data submitted when the Department determines, the data previously provided is inadequate to establish the actual type or amount ofemissions from the source subject to fees. (b) Not including air toxics as they are defined in the Clean Air Act Amendments of 1990 and the amendments thereto, if

### the source emits fewer than twenty five (25) tons ofactual emissions ofpollutant during a year, it may atits option, use as the actual emissions figure, its permittedpollutant levels where available and known. If 

### the source is a "major source" under the air 

### toxics provisions ofthe Clean Air Act Amendments of 1990 ittoo must calculate its actual emission ofregulated pollutants. Failure to provide, on a timely basis, any additional informationrequested shallbe considered failure to pay the fees. 

## Section 19. That the following shall be adopted as Subsection 05(17) and shall be titled Permits and Fees- Small Business Waiver: The Director ofthe Department, in his discretion but consistent with Section 507 (f) ofthe 

### Clean Air Act Amendments of 1990, may, upon written petition setting forth in detail thejustification therefore, reduce or waive for up 

### to three (3) years, any emissions fee required under 

### this Chapter to take into account the financial resources of small business stationary air pollution sources as defined under the federal act or regulations promulgated pursuant thereto. A decision to deny the waivermaybe appealed to the Local AirPollution Control Boardby the partyrequesting the waiver and 

### will be heard under the same procedures as any other decision that is appealed to this Board. If

### a waiver is granted, it will be reviewed by the Board in its annual review process and is then subject to revocation or modification by the Board if 

### found to be unwarranted or granted in an arbitrary fashion. Such action will have no effect onprior years emissions fees and will only applyto the collection offuture emissions fees. 

## Section 20. That the following shall be adopted as Subsection 05(18) and shall be titled Permits and Fees

- Surplus Funds CarryForward: Any surplus in emissions fee funds shall be carried forward fromyear to year for these statedpurposes only. If, however, in any year after 1993, 

### this carry forward surplus exceeds on February 15th thirty 

### five percent (35 %) ofthe previous twelve (12) months fee, a ten percent (10 %) per ton credit on the established emissions fee amount shall be given to 

### all stationary sources inthe next emissions fee payment. 

## Section 21. That the following shall be adopted as Subsection 05(19) and shall be titled Permits and Fees

- Penalty Provisions: Failure to paythe fees set forth 

### in

## tj.s AirPollution Control Code shall be a violation ofthe City ofBartlett, TennesseeAir Pollution Control Code and can result in the assessment of penalties and injunction against the stationary air pollution source. In addition to any fees owed, a maximum

### penalty equal to 

### fifty percent (50%) ofthe fees owed may be assessed for late payment. Interest in the amount equal to the 

### maximum allowed under State Law 

### shall also be charged for all 

### fees paid more than thirty 

### (30) days late. When an emissions fee amount is contested, only the contested portion can be withheld. Any uncontested fee amount must be paid by the due date for payment. Due process for contested 

### 18amounts 

### is providedby appeal under the administrative andjudicialreviewprovisions ofthe CityofBartlett, Tennessee- 

### -Air Pollution Control Code for appeal ofdecisions ofthe Health Officer. 

## Section 22. That the following shall be adopted as Subsection 05(20) and shallbe titled Permits and Fees

- Annual Review ofFee Structure and Financial Need:

The Memphis-Shelby County 

### Air Pollution Control Board shall annually review the fee structure established for the local 

### air pollution controlprogram andrecommend to the Shelby County Commission any change inrate ormake-up of the fee itdetermines, afterpublic hearing, 

### is necessaryto meetthe financial requirements ofthe Memphis-Shelby County Health Department 

### Air Pollution Control Program to fulfill the activities allowed to be funded by these fees. Such review shall include an estimate ofother

### funds available to the programincluding surplus or carry forward 

### funds as well as changes in state or federal laws that could effect the program. The recommendation shall be provided to the commission no later 

### than April 1 ofeach year. The county commission shall not, however, be required to adopt this recommendation, norto change fees on anypredetermined schedule. 

### Ifthe Shelby County Commission adopts a change in the rate or makeup ofthe fee, that adoption shall be provided to the Bartlett Board of Mayor and Aldermen for adoptionpriorto collection ofchanged emissionfees bythe Memphis-Shelby CountyHealthDepartment. 

## Section 23. That the following shall be adopted as Subsection 05(21) and shall be titled Regulation ofParticulateMatter from Incinerators: (a) No person shall cause, suffer, allow or permit the emissions from any incinerator having a charging rate of 2,000 pounds per hour or less, fly ash or other particulate matter in quantities exceeding 0.2 grains per cubic foot of flue gas at standard conditions corrected to 12 per cent carbon dioxide by volume excluding the contribution ofauxiliaryfuel. 

### (b) No person shall cause, suffer, allow orpermit the emissions from any incinerator having a charging rate greater 

### than 2,000 pounds per hour, fly ash or other particulate matter in quantities exceeding 0.1 

### grains per standard cubic foot offlue gas at standard conditions corrected to 12 per cent carbon dioxide by volume excluding the contribution ofauxiliaryfuel. (c) No person shall cause, suffer, allow or permit the emissions ofparticles ofunburned waste or ash from any incinerator which are individuallylarge enoughto be visible while suspendedto the atmosphere. (d) No person shall construct, install, use or cause to be used any incinerator which will result in odors being detectable by sense ofsmell inany area ofhumanuse oroccupancy. (e) No person shall install or construct an incinerator to be used for disposal ofcombustible waste from dwelling units 

### ifsuch incinerator 

### is to be used to burn such wastes produced by fewer 

### than twenty-five (25) dwelling units. (f) No person shall use or cause to 

### be used any incinerator unless all components connected to or attached to, or serving the incinerator, including control apparatus, are functioning properly and are in use. Incinerators shall be operated so as to comply withrecognized goodpractices. (g) Incinerators having 2.5 cubic feet furnace volume or less used solely for the disposal ofinfective dressings and other similarmaterial shall notberequired to meet these emission standards. (h) No person shall

**cause,~er,** allow, or permit to be discharged into the atmosphere from any incinerator, visible emissions with anopacityinexcess oftwentypercent(20%).



## 19

### Section 24. That the following shall be adopted as Subsection 05(22) and shall be titled Right of Entry:

For the purpose ofcarrying out the requirements ofthe City ofBartlett, Tennessee--Air Pollution Control Code, the Health Officer and his authorized representatives, including engineers, assistants, environmentalists and other employees, shall be pennitted at 

### all reasonable times to enter into any manufacturing plants, business buildings or other buildings, and all lots, grounds and premises, in order to thoroughly examine any items in relation to public health and airpollutionthereon and therein. 

## Section 26. That Ru1es and Regu1ations ofTennessee Chapters' 1200-3-2, titled Definitions; 1200-3-3, titled Ambient 

### Air Ouality Regulations; 1200-3-5, titled Visible Emissions; 1200-3-6, titled Noru>rocess Emission Standards; 1200-3-7, titled Process Emissions Standards; 1200-3-9, titled Construction and Operating Pennits; Chapter 1200-3-10, titled Required Sampling. Recording andReporting; 1200-3-11, titled Hazardous Air Contaminants; 1200-3- 12, titled Methods ofSampling and Analysis; 1200-3-14, titled Control ofSu1phur Dioxide Emissions; Chapter 1200-3- 15, titled Emergency Episode Plan: Chapter 1200-3-16, titled New Source Performance Standards; 1200-3-18, titled Volatile Organic Compounds; 1200-3-20, titled Limits on Emissions due to Malfunctions. Startups and Shutdowns; 1200-3-21, titled General Alternate Emission Standards; 1200-3-22, titled Lead Emission Standards; 1200-3-24, titled Good Engineering Practices Stack Height Regulations; 1200-3-25, titled Standards for Infectious Waste Incinerators; 1200-3-30, titled Acid Precipitation Standard; 1200-3-31, titled National Emission Standards for Hazardous Air Pollutants for Source Categories; and, 1200-3-32, titled Prevention ofAccidental Releases; T.C.A. §68-201-101 through §68-201-118, as effective on December 31, 2000; Chapter 1200-3-34, titled Confonnity, as effective onNovember 14, 2001; and, the New Source Performance Standards (with the exception ofSubparts B, C, Cb, Cc, Cd, Ce, AAA) ofthe Code ofFederalRegu1ations, Title 40, Part 60 ( 40 CFR 60) (Revised as ofJu1y 1, 2002), and Appendices A, B and F of 40 CFR 60 (Revised as ofJuly 1, 2001), are incorporated herein byreference as 

### ifset out in their entirety and shall be adopted and approved as part ofthe City ofBartlett, Tennessee--Air Pollution Control Code, thereby amending the City ofBartlett, Tennessee--Air Pollution Control Code. Subsection nomenclature is identified in accordance with the following table: Bartlett Code State Nomenclature

**Re~ulations** 05(102) 1200-3-2 05(103) 1200-3-3 05(105) 1200-3-5 05(106) 1200-3-6 05(107) 1200-3-7 05(109) 1200-3-9 05(110) 1200-3-10 05(111) 1200-3-11 05(112) 1200-3-12 05(114) 1200-3-14 05(115) 1200-3-15 05(116) 1200-3-16 05(118} 1200-3-18 05(120) 1200-3-20 05(121) 1200-3-21 05(122) 1200-3-22 05(124) 1200-3-24 05(125) 1200-3-25 05(130) 1200-3-30 05(131) 1200-3-31 05(132) 1200-3-32 05(134) 1200-3-34 Federal

**Re~ulations** Title

40CFR60 as definedabove

G

--------- Definitions AmbientAir QualityRegu1ations Visible Emissions Nonprocess Emission Standards Process Emissions Standards Construction and Operating Permits Required Sampling, Recording and Reporting Hazardous Air Contaminants Methods ofSampling and Analysis Control ofSulfur Dioxide Emissions EmergencyEpisode Plan New Source Performance Standards Volatile Organic Compounds Limits onEmissions due to Malfunctions, Startups & Shutdowns General Alternate Emission Standards Lead Emission Standards Good Engineering Practice StackHeightRegu1ations Standards for Infectious Waste Incinerators AcidPrecipitation Standard National Emission Standards for Hazardous 

### Air Pollutants for Source Categories PreventionofAccidental Releases Confonnity 

### 20

## Section 27. That the City of Bartlett, Tennessee--Air Pollution Control Code, Subsection 05(102), Definitions, be amended by adding at the end ofthe Subsection the following definitions for "Health Officer" and "Odor" that read as follows: Health Officer is the Health Officer for Memphis and Shelby County. Odor is a sensation ofsmell perceived as a result ofolfactory stimulation. Anodor is deemed objectionable, and therefore a nuisance, when one third (113) or more of a sample of persons exposed to it believe it to be objectionable in usual places ofoccupancy. The sample size is to be at least twenty-five (25) persons, or when fewer 

### than twenty-five (25) are exposed, one half(112) mustbelieve it to be objectionable. 

## Section 28. That the City of Bartlett, Tennessee--Air Pollution Control Code, Subsection 05(109), Reference 1200-3-9, Construction And Operating Permits, be amended by deleting in its entirety item 1200-3-9- .02(ll)(b)14.(ii)(XXVII) and substituting in lieu thereof a new item 1200-3-9-.02(11)(b)14.(ii)(XXVII) so that it reads as follows: (XXVII)Any other stationary source category, which as of August 7, 1980 is beingregulated under section 111 or 112 ofthe Act; 

## Section 29. That the City of Bartlett, Tennessee--Air Pollution Control Code, Subsection 05(109), Reference 1200-3-9, Construction And Operating Permits, be amended by replacing the phrase ''T.C.A. Section 68-201-108" in the last sentence ofparagraph 1200-3-9-.05(5) with the phrase "City of Bartlett, Tennessee--Air Pollution Control Code Subsection 05(8)" so thatthe paragraphreads as follows: (5) In 

### any case where a condition is placed on a permit, the imposition ofthat permit condition may be appealed by filing a petition for reconsideration of the permit condition. The petition for reconsideration ofpermit conditions shall specify which conditions and portions of conditions are objected to and specifying in detail 

### the objections. 

### The petition ofappeal must be delivered to 

### the Technical Secretarywithin thirty 

### (30) days after the mailing date ofthe permit. Ifthe Technical Secretary is considering denying the petition he shall schedule a conference with the petitionerto discuss the matters under appeal within forty-five (45) days ofhis receipt ofthe petition. 

### Ifthe Technical Secretary's resultant decision onthe matters under appeal aggrieves the petitioner, the petitioner may request a hearing pursuant to 

### City ofBartlett, Tennessee-Air Pollution Control Code Subsection05(8). 

## Section 30. That the City of Bartlett, Tennessee--Air Pollution Control Code, Subsection 05(109), Reference 1200-3-9, Construction And Operating Permits, be amended by replacing the phrase ''T.C.A. Section 4-5-301 et seq." in paragraph 1200-3-9-.05(6) with the phrase "City ofBartlett, Tennessee-Air Pollution Control Code Subsection 05(8)" so thatthe paragraphreads as follows: (6) All applicable provisions of City ofBartlett, Tennessee--Air Pollution Control Code Subsection 05(8), oncontested cases shall apply to the hearing before the Board on such appeals. 

## Section 31. That the City of Bartlett, Tennessee--Air Pollution Control Code Subsection 05(118), Reference 1200-3-18-.79, Volatile Organic Compounds, be amended by adding language to part 1200-3-18- .79(1)(e)2. so that it reads as fol2ws: 2. Sources subject to source-specific standards approved in lieu of standards in Rules .11 through .77 of 

### this chapter and sources subject to 

### a National Emission Standard for Hazardous 

### Air Pollutants (also called a MACT standard) that applies to all volatile organic compound emissions atthe source; and 

## 21

## Section 32. SEVERABILITY. The provtstons of this 

### ordinance are hereby declared to be severable. Should any ofthese sections, subsections, paragraphs, subparagraphs, items, subitems, clauses, subclauses, divisions, subdivisions or words be held tmconstitutional or void, the remaining portions shall continue 

## in full 

### force and effect 

## Section 33. BE IT FURTHER ORDAINED THAT one (1) copy of the City of Bartlett, Tennessee-AirPollution Control Code shallbe available for public inspection

## in the office ofthe city clerk. 

## Section 34. BE IT FURTHERORDAINED THAT except 

## as amended bythis Ordinance, the City ofBartlett, Tennessee-Air Pollution Control Code shall

## remain in full 

### force and effect 

## as previously adopted 

## as to any violationthat occurredpriorto the effective date ofthis ordinance. 

## Section 35. BE IT FURTHERORDAINED THATthis 

### ordinance shall take effect from and after its passage on third and final reading.

FIRST READING: SECOND READING: THIRD READING: March 25, 2003 April 8, 2003 April 22, 2003

A. Keith McDonald Mayor

1NO'IE: RULES INCORPORATED BY REFERENCE HEREIN HAVE BEEN FILED IN TilE OFFlCE OF TilE ClERK OF 1HE COUNTY COMMISSION AS REQUIRED BY T

.C.A. §68-201-115

.



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