### ORDINANCE 03-39 AN ORDINANCETOADOPTANAIR POLWTIONCONTROL CODE FORTHECI1YOFLAKELAND WHEREAS, It is the declared public policy of this municipality to maintain purity of the air resources of the municipality consistent with the protection of normal health, general welfare and physical property of the 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 of air pollution by all practical and economically feasible methods. It is also the intent of this municipality to qualify for receipt offederal funds available for air pollution control programs and to that end, this ordinance shall be construed to give the authority to so

**quali~'** and maintain such qualification; and WHEREAS, local regulation ofairquality is the most efficient means towards that end; and WHEREAS, The operation of a local air pollution control program by 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 adopted by the City ofLakeland and has served to protect the air qualityin theCityofLakeland and efficientlymeet the needs ofthoseregulatedbyairpollution control laws; and WHEREAS, In order to maintain the Certificate of Exemption 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 of Lakeland desires to enact air pollution control regulations not less stringent than standards adopted bythe state pursuant to Chapter

### 68-20I .Part I; and WHEREAS, TitleVofthe CleanAirAct of 

### 1990requires airpollution control programs that wish to operate amajor source operating permit program to establish afee structure sufficient to fund the direct and indirect costs of such 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 other municipalities ofShelby County; and WHEREAS, the Board ofMayor and Aldermenwishes to retain the same annual 

### $29.65 perton emissionfee without ConsumerPrice Index adjustmentfor emissions beginningwith calendaryear 

### 1995; and WHEREAS, 

### Tennessee Code Annotated §68-201-1/5{a) provides that any municipality or county may adopt an ordinance or resolution which incorporates by reference any federal or state regulations when such regulations are properlyidentified as to date and source, and when at leastthree (3) copies ofsuch regulations which are incorporated by reference are filed in the office ofthe county clerk for public use. inspection and examination for aperiod ofthirty 

### (30) days before adoption ofthe ordinance orresolution incorporatingregulationsbyreference; and 0 WHEREAS. such ordinance or resolution incorporating regulations by reference shall become effective only after publicationin anewspaperhaving ageneral circulation inthe county; and WHEREAS, the Memphis and Shelby County Health Department has caused to be published in anewspaper having general circulation in Memphis and Shelby County, Tennessee, notice ofthe availability forpublic use, inspection and examination at the office of the Shelby County Clerk of 

### three (3) copies of federal and State regulations to beincorporated by reference for aperiod of thirty 

### (30) days before adoption ofthe ordinance or resolution incorporating regulations by reference and notice that the date June 

### 17, 2002, was the date ofpublic hearing on adoption of such ordinance: and WHEREAS, maintaining up to date technical standards promulgated by the Tennessee Department of Environment and Conservation (Tennessee) for the control ofairpollutionprevents the need for state control ofthe 

### CityofLakeland air pollution sources subject to these controls, specifically those provisions found in the Rules and Regulations of Tennessee Chapter 

### 1200-3-2. titled Definitions; Chapter 

### 1200-3-3, titled Ambient Air Quality Regulations; Chapter 

### 1200-3-3, titled Visible Emissions: Chapter 

### 1200-3-6, titled Nonprocess Emission Standards: Chapter 

### 1200-3-7. titled Process Emissions Standards: Chapter 

### 1200-3-9, titled Construction and Operating Permits; Chapter 

### 1200-3- 10, titled Required Sampling, Recording and Reporting; Chapter 

### 1200-3-11, titled Hazardous 

### Air Contaminants; Chapter 

### 1200-3-12. titled Methods of Sampling and Analysis; Chapter 

### 1200-3-14, titled Control of Sulfur Dimdde Emissions: Chapter 

### 1200-3-15, titled Emergency Episode Plan: Chapter 

### 1200-3-16, titled New Source Performance Standards; Chapter 

### 1200-3-18. titled Volatile Organic Compounds: 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 Lead Emission Standards; Chapter 

### 1200-3-24. titled Good Engineering Practices Stack Height 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

### N.r Pollutants for Source Categories: Chapter 

### 1200-3-32, titled Prevention of Accidental Releases; Chapter 

### 1200-3-34. titled Conformitv: and the New Source Performance Standards (with the exception ofSubparts B. C, Cb, 

### Cc, Cd, 

### Ce,

### AAN ofthe Code offederal Regulations, Title 

### 40, Part 

### 60 (40 CFR 

### 60) (Revised as ofJuly 

### 1, 2002), and Appendices

### AB and f of

### 40 CFR 

### 60 (Revised as ofJuly 

### 1, 2001) except for the authorities therein retained by theAdministrator and nottransferred to aState. NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CI1Y OF LAKELAND, that the air pollution control ordinance in Title 

### 20, Chapter 

### 1, Sections 

### 20-101, 20-102, and 

### 20- 103 ofthe Lakeland Municipal Code, codified November 

### 7, 2002, be, and hereby is, amended as herein setforth. Section 

### 1. That Sections 

### 20-101, 20-102. and 

### 20-103 ofthe LakelandMunicipal Code ofOrdinances are herebyrepealed in their entirety. Section 2. ThatTitle 

### 20, Chapter 1shall be the "CI1YOFLAREI.AND, TENNESSEE--AIR POLWTION CONTROLCODE" and shall be titled the same. Section

### 3. That the following shall be adopted as Title 

### 20, Chapter 

### 1 ,Section 

### 20-1(1) and shall be titled Words and Phrases Substituted inState Regulations Adopted byReference: (1) for the purpose of enforcement of the City of Lakeland, Tennessee--Air Pollution Control Code, the following shall apply: (a) 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 

### Air Pollution Control with the foflbwing exceptions: 

### 1. 

### 2. 3. 

### 4. 

### 5. 20-1

### <t09) 20-1007) 20-1,:106) 20-1 :114) 20-1:11 1) 

### 1200-3-9-.04 1200-3-7-.06 1200-3- 6-.01 1200-3-14-.01(l)(a), and 

### 1200-3-11-.01(1) 2(b) 'Wherever the tenns Tennessee, State ofTennessee, or State appear. they shall be replaced by City of Lakeland with the following exceptions: 

### 1. 2. 

### 3. 

### 4. 20-1(109) 20-1(114) 1200-3-9-.04 1200-3-14-.01(l)(a) When referring toTennessee CodeAnnotated, and When referring to the Tennessee Air QualityAct (c) Wherever the tenns Technical Secretary of the Tennessee Air Pollution Control Board. Technical Secretary, or Secretary appear, they shall be replaced by Health Officer except in subparagraphs 20- 1 (5)(e)(2)(a) and (b) for the purposes ofTennessee CodeAnnotated §68-201-116(b)(1). (d) Wherever the tenns "Department of Environment and Conservation of the State of Tennessee". "Tennessee Department of Environment and Conservation". or "Department" appear, they shall be replaced by "Memphis and Shelby County Health Department". (e) Wherever the tenns Tennessee Air Pollution Control Division of Air Pollution Control, or Division appear, they shall be replaced byMemphis and Shelby County Health Department, Air Pollution Control Section. (f) Wherever the terms Tennessee Air Pollution Control Regulations or Regulations appear, they shall be replaced by CityofLakeland, Tennessee--Air Pollution Control Code. · 

### (g) Wherever the term Nashville Office appears, it shall be replaced by Memphis and ShelbyCounty Health Department. (h) Wherever the tenn "State Civil Defense" appears. it shall be replaced by "Memphis and Shelby County EmergencyManagementAgency". (i) Wherever the tenns "Chapter 1200-3-26". "Rule 1200-3-26-.02"' or other citations involving "1200-3- 26" appear, they shall be replaced by "Sections 20-1(11) through (21)".

Section4. That the following shall be adopted as Title 20. Chapter 6. Section 20-1(2) and shall be 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 oftires and otherrubber 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 of Section 20-1(2). (b) Open burning as listed

**bel~** may be conducted without pennit subject to fire department approval and provided further thatno publicnuisance is orwill be created by the open burning. (1) fires used for the cooking offood or for ceremonial, recreational or comfort-heating purposes including barbecues and outdoor fireplaces. This exception does not include commercial food preparation facilities and theiroperation.

3(2) fires set for the training and instruction of firemen or for research in fire protection or prevention. However, routine demolition of structures via supervised open burning byresponsible fire control persons will not be considered fire training. Additionally, the person responsible for such burning, 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 of the Memphis-Shelby County Health Department (Department) at least ten (10) working days prior to commencing the bum: (i) The open burning is being conducted solelyfor fire training purposes. (ii) All vinyl siding, carpet, vinyl flooring, asphalt roofing materials, and any other materials expressly prohibited in subsection 20-1(2)(a}, have been removed. (iii) All regulated asbestos containing materials have been removed in accordance with Section 20- 1(111) [Reference 1200-3-11-.02(2)(d)3.(x)]. (iv) Atraffic hazard will not be causedbythe air contaminants generated by the fire training. (v) Apublic nuisance will notbe created bythe open burning. (3) Smokeless flares or safetyflares for the combustion ofwaste gases provided other applicable paragraphs ofthis section are met. (4) Resenred. (5) fire used for carrying out recognized agricultural procedures necessary for the production or hanresting of crops orfor the control ofdiseases orpests, in accordancewithpractices 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) may be permitted for vegetation if all of the following conditions are met when an air curtain destructor is used: (l) Arequest is filed with the Health Officer giving the reason why no method except open burning can be employed to dispose of the material involved, the amount and kind of material 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 prior to commencing the change in the bum. (2) The person applying for the permit certifies, by written statement, compliance with following distance requirements, at aminimum: 0 (i) The open burning site must be at least five hundred (500) feet from any Federal and from any State highway; and (ii} The openburning site mustbe atleast one thousand (1 ,000} feetfrom any school. national or state park. national resenration, national or stateforest, wildlife area, and/orresidence not on the same

4propertyas the air curtain destructor; and (iii) The open burning site must be at least one-half 0/2) mile from any airport, nursing home or hospital. (3) The plume from the air curtain destructor must meet the visible emission standards specified in Section 

### 20- l(lOS) [Reference 

### 1200-3-5-.01(1)]; however, for certain materials the Department may allow one start-up period in excess ofthe standard, per day, notto exceed 

### 20 minutes in

### 24 hours. (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 ofcombustion products will result. Priming materials used to facilitate such burning shall be limited to # 1or #2grade fuel oils. 

### (S) No fire shall be ignited while any air pollution emergency episode is in effect in the area ofthe bum. 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. Permittee is required to contact the Department's Computerized Local 

### Air Index Reporting system (CLAIR) recorded line at 

### (901) 5447489 or 

### 544-7490 before igniting afire to determine ifit is aBurning Day or aNo-Burning Day. (6) Approval is received from the Health Officerinwriting. (7) Permission is secured from the fire department in thejurisdiction involved (8) The burning will be done between the hours of 

### 9:00 am and 

### 4:00 pm or as authorized by 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 such burning. (d) Definitions. (1) "Air Curtain Destructor" is aportable or stationary combustion device that directs aplane ofhigh velocity forced draft air through a manifold head into a bum chamber with vertical walls in such a manner as to maintain a curtain ofair over the surface ofthe bum chamber and a recirculating motion of air under the curtain. The use ofan air curtain destructor is considered controlled openburning. (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 or welfare. (3) "Natural Disaster" is defined as any event commonly referred to as an "Act of God" and includes but is not limited to the following weather related or naturally occurring categories of events: tornadoes, hail and wind storms, snow orice storms, flooding, and earthquakes. 0 (4) "Open Burning" is the burning of any matter under such conditions that products of combustion are emitted directly into the open atmosphere without passing directly through 'llstack:·

- - - - · 

### (S) "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, or ofthe State ofTennessee government; or any other legal entity, or its legal 

### 5representative, agent, or assigns. (e) Burning after natural disasters. 0) Open burning ofmaterials resulting from a natural disaster, and when conducted in conformityvMh the following conditions, may be permitted: (i) 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 Section pertaining to structural and household materials may be waived if the persons seeking to open bum 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, or on-site burial of waste in lieu of burning, iflawful. is encouraged. (ii) 

### If a governmental collective bum site for disposing of structural and household materials and vegetation damaged by a natural disaster is planned, the person responsible for such burning must notify the Department ofthe proposed location. The notification must be delivered to the Department at least three (3) days prior to commencing the bum. The Department may request that alternate sites be identified to minimize impact to air quality. The alternative use of chippers and grinders in lieu ofburning is encouraged. (iii) Atraffic hazard shall not be caused by the air contaminants generated by the fire. (iv) No fire shall be ignited while any air pollution emergency episode is in effect in the area ofthe bum. No fire shall be ignited during any exceedance ofthe National AmbientAir 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 or544- 7490 before igniting afire to determine ifitis aBurning DayoraNo-Burning Day. (v) Open burning conducted under this exception is only allowed where no other safe and/or practical means ofdisposal is available. (2) The Health Officer reserves the right to require aperson to cease or limitopen burning ifemissions from the fires are deemed by the Health Officer or his designee tojeopardize public health or welfare, create a public nuisance or safety hazard, create a potential safety hazard, or interfere with the attainment or maintenance ofthe air quality standards. (3) Any exception to the open burning prohibition granted by this Section does not relieve any person ofthe responsibility to obtain a permit required by any other agency, or of complying with other applicable requirements, ordinances, or restrictions. [Particular attention is directed to 

### TCA. §39-14-306. which prohibits open air fires between October 15 and May 15 within five hundred (500) feet of any forest, grasslands or wof!tllands without first securing a permit from the State forester in unincorporated portions ofShelby County.]

Section

### 5. That the following shall be adopted as Title 20, Chapter 6, Section 20-1(3) and shall be titled SeverabilityofParts ofArticles:

6The provisions ofthis Air Pollution Control Code are hereby declared to be severable, and ifany sections. provisions, clauses, or parts be held unconstitutional or void, then the remainder of this Air Pollution Control Code shall continue in full force and effect, it beingthe legislative intent thatthis Air Pollution Control Codewould havebeen adopted even ifsuch unconstitutional or void matterhad notbeen included therein.

Section 6. That the following shall be adopted as Title 20, Chapter 6, Section 20-1( 4) and shall be titled Enforcement

- Violations ofChapter

-Notice: Citation: Injunctive Relief: (a) Wheneverevidence has been obtained orreceived establishing that aviolation ofthis 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 of the 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 shall 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 violationhas been corrected, orinitiate proceedings to prosecute the violator forviolation ofthis code. (b) In the event any person fails to comply

**\\~th** acease or suspend operation order, that is not subject to a stay pending administrative orjudicial review, the Health Officer shall institute proceedings in a court ofcompetentjurisdiction for injunctive reliefto enforcethe regulations or orders pursuanthereto. Section 7. That the following shall be adopted as Title 20, Chapter 6, Section 20-1(5) and shall be titled EnforcementPenalties- Misdemeanor. Civil. and Noncompliance: (a) failure to comply with any of the provisions of the City of Lakeland, Tennessee--Air Pollution Control Code shall constitute a violation thereof and shall

**s~bject** the person or persons 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 Lakeland, Tennessee--Air Pollution Control Code, anyboard or administrative orderoranypermitcondition; (2) Makes any false material statement, representation, or certification in any record, report, plan or other documentrequired bypermitto beeitherfiled ormaintained; (3) falsifies, tampers with, renders inaccurate or fails to install any monitoring device ormethod required to be maintained orfollowed; or (4) fails to pay afee commits a Class Cmisdemeanorpursuantto theTennessee Code Armotated with the fine not to exceed tenljlousand dollars ($10.000) perday perviolation. forthepurpose ofthis section, each day ofcontinuedviolationconstitutes aseparate offense and is punishable as such. No warrant, presentment or indictment arising under subsection 20-1(5)(b) shall be issued except upon application, authorized in writing, by the Health Officer on behalf of the local air pollution control program operating under a certificate ofexemption pursuantto 

### T.CA. §68-20I-I I

### 5. for aviolationwithin itsjurisdiction.

7(c) Willful and knowing violation of any provision of the City of Lakeland, Tennessee--Air Pollution Control Code is declared to be a misdemeanor, and each day of violation shall constitute a separate offense. Conviction of a misdemeanor is punishable with the fine not to exceed ten thousand dollars ($10,000) per day perviolation or

**v.~th** imprisonmentnotgreater than thirty (30) days, orboth. (d) In addition and supplemental to any criminal action which may beprosecuted under this section, the Health Officer has and is vested with jurisdiction and authority to determine whether ornot any provision ofthe City ofLakeland, Tennessee--Air Pollution Control Code, any permit condition, or any order has been violated, and whether or not such violation constitutes apublic nuisance. Upon such finding that apublic nuisance exists, the Health Officerhas authority to abate any such public nuisance in the manner provided by the general law relating to the abatement of public nuisances. (e) Orders andAssessments ofDamages and Civil Penalties andAppeals (1) \Vhen the Health Officer discovers that any provision of the City of Lakeland, 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

**v.~th v.~thin**  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 of such an order may appeal in the same manner as with an assessment ofdamages orcivil penaltyunderparagraph (2) (2). (a) In addition to the criminal penalties in this section, any person who violates or fails to comply with any provision of the City of Lakeland, Tennessee--Air Pollution Control Code or any standard adopted pursuant thereto in apermit, shall be subject to acivil penalty ofup to twentyfive thousand dollars ($25,000) per day for each day ofviolation. Any person againstwhom an assessment in excess often thousand dollars ($10,000) for each violation has been issued by a local pollution control program pursuant to this section may petition the Technical Secretaryfor de novo review of the assessment under the provisions of 

### TCA. §68-201-116. The Technical Secretary shall render an initial determination, and that initial determination may be appealed to the Tennessee AirPollution Control Board pursuant to this section. Each day such violation continues constitutes aseparatepunishable offense, and such person shall also be liable for any damages to the municipality resulting therefrom. (b) Anycivil penaltyordamages shall be assessed in thefollowing manner: The Health Officer on behalf of the Memphis-Shelby County Health Department operating under acertificate ofexemptionpursuantto 

### TCA. §68-201-115may 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 againstwhom an assessment has been issued may appeal the assessment by filing apetition for review with the Health Officer, or with the Technical Secretary afan assessment in excess of$10,000 for each violation, within thirty (30) days after receipt of the assessment, setting forth the grounds and reasons for such person's object-ions and requesting 0;hearing on the matter,and 3. Ifapetitionfor review ofthe assessmentis notfiled within thirty (30) days afterthe date the assessment is served, the violator shall be deemed to have consented to the 8assessment and it shall become final. (c) In assessing such civil penalty, the factors specified in 

### T. CA. §68-201-106 and Title 42 U.S.C. §7413 and §7420 may be considered. Damages to the state or to the City of Lakeland may include any expenses incurred in investigating the enforcing of this section; 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 by the pollution or by the violation. The plea offinancial inability to prevent, abate or control pollution by the polluter orviolator shall notbe avalid defense to liability for violations ofthe provisions ofthe City ofLakeland, Tennessee--Air Pollution Control Code. (d) The issuance of an order or assessment of**ch~l** penalty by the Memphis-Shelby County Health Department operating under acertificate ofexemption as provided for in this section 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 orCommissioner ofthe Tennessee Department ofEnvironment and Conservation. (e) 'Whenever any order or assessment under this section has become final, a notarized copy ofthe order or assessment may be filed in the office ofthe clerk ofthe chancery court of Shelby County if the final order or assessment is from the Memphis-Shelby County Health Department.

Section 8. Enforcement ·Variances 2. When filed in accordance with clause (e)

### 1.. a final order or assessment shall be considered as ajudgment by consent ofthe 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 section, the procedure for entry ofthejudgment 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 ajudgment under clause (e)2

.. any citizen of the City ofLakeland shall have the right to intervene on the ground that the penalties or remedies provided are inadequate or are based on erroneous findings of facts. 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 of its determination. If the motion is determined not to be duplicitous or frivolous. all parties shall be considered to have sought review ofthe final order or assessment, and the court shall proceed in accordance with 

### T. CA. §4-D-322. If no timely motion to intervene is filed. or if any such motion is determined to be duplicitous or frivolous, thejudgment shall become final forty-five (45) days after the date ofentry. 4 Afinal 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 other dudgment ofacourt ofrecord ofthis state. That the following shall be adopted as Title 20, Chapter 6, Section 20-1 (6) and shall be titled
(a) Any person who owns or is in control of any 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 9Control Hearing Board, hereinafter referred to as "the Board", for avariance from rules or regulations governing the quality, nature, duration or extent of discharge ofair contaminants. The application for avariance 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 of evidence as set forth in subsection 

### 20-1(8)(f) of the City of Lakeland, 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 Exemption issued pursuant to 

### TC.A. §68-201-115if it finds that: The emissions proposed to occur as aresult ofavariance would not endanger or tend to endanger human health, safety, orwelfare, and would not cause or tend to cause property damage; and 2 Compliance**\\~th** the rules or regulations from which variance is sought would produce serious hardship**\\~thout** equal or greater benefits to the public or avariance is needed only until a rule adopted by the Tennessee Air Pollution Control Board becomes State effective. 

### If economic hardship is claimed, a description ofexpected monetary losses shall be included. (b) Novariance shall be granted or denied pursuant to this section until the Board has considered the relative interests ofthe applicant, other owners ofproperty likely to be affected by the discharges, and others who may be affected by granting or denying arequestfor variance. (c) Any variance or renewal thereof shall be granted**\\~thin** the requirements of subsection (a) for time periods and under conditions consistent with the reasons therefore, and**\\~th** the following limitations: 

### If the variance is granted on the grounds that there is no practicable means known or available for the adequate prevention, abatement, or control of the 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 of any substitute or alternate measures that the Board may prescribe. 2. 

### If the variance is granted on the ground that compliance with the particular requirement or requirements from whicl1 variance is sought will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time ·as, in view of the Board, is requisite for the taking of necessary measures. Avariance granted on the ground specified herein shall contain atimetable for the taking ofaction in an expeditious manner and shall be conditioned on adherence to such timetable and submittal of proof that such timetable is being met. 3 Anyvariance orrenewal granted shall be for atime period not to exceed one 0) year (d) Anyvariance granted pursuant to this section maybe 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 of the initial variance. If complaint is made to the Board on account of the variance, no renewal thereof shall 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. Immediately upon a receipt of an application for renewal, the Board shaU,give public notice of such application in accordance with rules and regulations of the Board. (e) Avariance or renewal shall not be a right of the 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 of an 

### 10application for avariance or renewal of avariance by the Board may obtain judicial review thereof only in a court ofcompetentjurisdiction. (f) Nothing in this section and no variance or renewal granted pursuant hereto shall be construed to prevent or limit the application ofthe emergencyprovisions and procedures ofSections 20-1 (7) and 20-1(115) [Reference 1200-3- 15] to any person orhis property. Section 9. That the following shall be adopted as Title 20. Chapter 6, Section 20-1 (7) and shall be titled Enforcement

-Emergency Powers ofHealth Officer: (a) Any otherprovisions ofthe law notwithstanding, ifthe Health Officerfinds that ageneralized condition ofair pollution exists and thatit creates an emergencyrequiring immediate action to protecthumanhealth or safety, the Health Officer shall orderpersons causing or contributing to the air pollution to reduce or discontinue immediatelythe emission ofair contaminants. Upon issuance ofany such order, the Health Officer shall 

### fix aplace and time. not laterthan twenty-four (24) hours thereafter, for ahearing to be held before the 

### Air Pollution Control Hearing Board. Such hearing shall be held in conformity with the provisions ofSection 20-1(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 orderofthe Health Officer. (b) In the absence ofageneralized condition of air pollution ofthe type referred to in subsection (a) ofthis section. but if the Health Officerfinds that emissions from the operation ofone ormore 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 ofthis Chapter. In such event, the requirements for hearing and affirmance, modification or setting aside oforders setforth in subsection (a) ofthis section shall apply.

Section 10. That the following shall be adopted as Title 20. Chapter 6. Section 20-1 (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 amember ofthe faculty or staffof a school in the Tennessee education system. Otherwise. all members shall serve without compensation. Any member of the Board who has any conflict of interest or potential conflict of interest shall make adequate disclosure ofit and abstain from matters related to it. (1) Eight (8) members ofthe Board are to be appointed jointly by the Mayor ofthe City ofMemphis and the Mayor ofShelby County and confirmed by both 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 of air pollution control, one physician licensed to practice in Tennessee, one attorney licensed to practice law in Tennessee, one member of academia, arepresentative of industry at large, and such other citizen members as may be appointed, except that industry may have no more than two representatives (2) One member of the Board is to be appointed by the Executive Committee of the Memphis Area Association of Governments. This member is to be a representative for the municipalities ofArlington, Bartlett. Collierville. Germantown. Lakeland. and Millington and is to be a citizen of one of these communities.

11(b) The terms of the members shall be four years except that of the 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 avacancy occurs, the vacancy shall be filled for the unexpired term in the same manner as the original appointment. Should the term of any Board member expire without a replacement member being appointed, the existing member shall continue to hold the Board membership until such appointment orreappointment occurs. (c) The Board shall select annually a chairman from among its members. The Board shall hold at least four regular 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 of its hearings and other official actions. All hearings shall be held before not less than amajority ofthe Board. (d) The Board is herebyvested withthe followingjurisdiction and authority: (1) Grant, deny orrevoke variance applications. (2) To decide appeals from any decisions, rulings, or determinations ofthe Health Director orhis designated representative under this

### AirPollution Control Code. (3) To hear appeals arising from the failure of the Health Director or his designated representative to act within areasonable period on complaints under this

### AirPollution Control Code. (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

**v.~thin** areasonable amount of time may take an appeal to the Board as established by this section. Such appeals shall be made within fifteen (15) days after receiving notice ofsuch decision, ruling, requirement, rule, regulation, or order or failure to act by filing awritten notice of appeal directly to the Board specifying the ground thereof and the relief requested. Such an appeal shall act as a stay of the 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 Section 20-1 (7), "Emergency Order" or except when an appeal has been filed pursuant to Section 20-1(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 shall be conducted in the following manner: (1) Notice of any and all hearings shall be given at least fifteen (15) days prior to the scheduled date of the hearing by public advertisement in anewspaper ofgeneral circulation in Shelby County, Tennessee giving the date, time, place and purpose ofthe hearing; and (2) The chairman ofthe Board shall act as the hearing examinerto conduct such hearing; and (3) Any person seeking avariance or any party who has filed awritten notice of appeal pursuant to Section 20-1(8) or SectioiJ,20-1(109) [Reference 1200-3-9-.05], may appear in person or by agent or attorney and present evidence, bothwritten or oral, relevant to the questions and issues involved and may examine and cross examinewitnesses. (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 any party to the hearing upon payment of the normal fee, which shall not exceed the cost of transcribing such 

### 12testimony. (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 of the respondent on the return date specified in the 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 amajority ofmembers to which the Board is entitled. (6) Upon failure of the Board to enter a final order or determination within sixty (60) days after the final argument ofsuch hearing, the respondent shall be entitled to treat for all purposes such failure to act as a finding favorable to the respondent. (!) The burden of proof shall be on the Health Director or his duly authorized representative where appeal has been sought pursuant to Section 

### 20-1(8) or Section 

### 20-1 (1

### 09). The burden of proof is on the applicantwhere avariance has been sought pursuantto Section 

### 20-1(6), in accordance\\1th 

### TCA. §68- 201-118(k). (8) Any person aggrieved by any final order or determination of the Board hereunder shall have judicial review thereof by writ of certiorari pursuant to 

### TCA. §27-9-10 I 

### et seq. No judicial review shall be available until and after all administrative remedies have been exhausted. Section 

### 11. That the following shall be adopted as Title 

### 20, Chapter 6, Section 

### 20-1(9) and shall be titled NuisanceAbatement: 

### A When dust, fumes, gases, mist, vapors, or any combination thereof escape from a building or equipment in such a manner and amount as to cause anuisance orto violate anyregulation. the Health Officermay orderthat the building orequipment in which processing, handling and storage are done be tightly closed and ventilated in such away that all air and gases and air or gas-borne material leaving the building or equipment are treated byremoval or destruction of air contaminants before discharge to the open air. 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 of objectionable odors. Suitable measures shall include permit limitations, wet scrubbers, incinerators, orsuch otherdevices as maybe approved bythe Health Officer. Section 

### 12. That the following shall be adopted as Title 

### 20, Chapter 6. Section 

### 20-1 (l

### 0) 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 \\1thout taking reasonable precautions to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to, the following: 0) Use, where possible, water

**~r** chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading ofroads orthe clearing ofland; (2) Application of asphalt. oil. water. or suitable chemicals on material stockpiles, and other surfaces which can create airborne dusts;



### 13(3) Installation and use of hoods, fans, and fabric filters to enclose and vent the handling of dusty materials. Adequate containmentmethods shall be employed during sandblasting orother similaroperations. (4) Covering, at all times when in motion, open bodied trucks transporting materials likelyto become airborne (5) Conductofagricultural practices such as tilling ofland. application offertilizers, etc. in such manner as to not create a nuisance to others residing in the area. (6) The paving ofroadways and theirmaintenancein aclean condition (7) The prompt removal of earth or other material from paved street which earth or other material has been transported thereto bytrucking or earth moving equipmentorerosion by water.

Section 13. That the following shall be adopted as Title 20. Chapter 6, Section 20-1(11) and shall be titled Permits and Fees-Aoplicabilitv and EnforcementAuthority: (1) The provisions ofthis section on PermitFees shall apply to anypersonrequired to make applicationon or afterJuly 1, 1992. to the Memphis-Shelby County Health Department for issuance, re-issuance or modification of a permit in accordance ·with this Chapter and Air Pollution Control Code, and shall be subject to the fee schedule set out in Section 20-1(12). The provisions ofthis Chapter on Emissions Fees shall apply to any person holding or obtaining a valid airpollution permitfrom theMemphis and ShelbyCounty Health Department on orafterJuly 1, 1992, and shall be subjectto the fees set outin Section 20-1(20)

.. (2) The Memphis-Shelby County Health Department {hereinafterreferred to as the Department) is designated to carry out and enforce the provisions ofthis Air Pollution Control Code and to promulgate any regulations consistent with it as maybe required for properadministration ofthefee systemcreatedherein. Section 14. · Thatthe following shall be adopted as Title 20, Chapter 6, Section 20-1(12) and shall be titled Permits and Fees- Permit Fee Schedule: Fees for permits arehereinafter setout as follows, and shall apply to any "person" as defined in this Chapter: (1) Construction Permits

a. Any person making application to the Memphis-Shelby County Health Departmentfor aconstruction permit shall pay an initial filing fee oftwo hundred dollars ($200.00) per permit unit. This filing fee shall not be refundable ifthe permit is denied orifthe application is withdrawn, nor shall itbe applied to any subsequent application. b. In additionto the fees in (1)a. above, the largest ofthefollowing fees, ifapplicable, shall 

### bepaid: Preventi'i ofsignificantdeterioration (PSD) review. $3,000 2. Major source or major modification review, except PSD sources review. requiring modeling. $2.000 3. Minor source orminormodification review, requiring modeling. $500



### 144 NewSourceperformance standard (NSPS) source**re\~ew.** perpermitunit. 

### $500 5. National Emission Standard for Hazardous 

### Air Pollutant (NESHAP) source**re\~ew,** per permit unit...

... $500 (2) Inspection/Operating Permit

a. 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**v.~th** the follov.mg schedule: Asbestos demolition/renovation removal, pernotice

...... $100 2. Air Curtain destructor, perpermitunit...

... $100 3. NSPS Source, perpermitunit. $100 4 NESHAP source, perpermitunit...

... $100 5. Anypermitunitwith actual emissions of 1 00 tons ormore ayearofany single pollutant.

..... $150 6. Anypermitunitwith·actual emissions of50 tons ormore ayear, butless than 1 00tons peryear of any single pollutant...

... $100 7. Any permit unit with actual emissions of 25 tons or more peryear, but less than 50 tons peryear ofasinglepollutant...

... $75 8. Anypermitunitwith actual emissions ofless than 25 tons peryearofasinglepollutant...

... $50

9. Any permit issued as the result of a permit by rule or annual notification and general standards applicationto aparticularbusiness orbusiness group...... $100 10. Any source issued a permit pursuant to local rules implementing Title 40. Code of federal Regulations. Section 70 (MajorSource Permits)

...... $150.00 b. No portion ofthe inspection/operatingfee shall be refundable in the eventthe source discontinues operation or service during thepermittedperiod. (3) Modification ofaPermit

a. Any person making application to the Memphis-Shelby County Health Department for the modification ofa permit shall pay afee for each permitunitbeing modified, exceptthat no fee is required for modification ofa permitto correctclzical. typographical, orcalculations errors. This fee shall be set as follows: If the modification is anticipated to result in an increase in all pollutants less than 1 0 tons per year...... $100 2. If the modification is anticipated to result in an increase in all pollutants more than 1 0 tons per year, but less than 50 tons peryear...... $250 

### 153. 

### If the modification is anticipated to result in an increase in all pollutants more than 50 tons per year...... $500 (4) StackSampling

a. If a source is required to demonstrate compliance by stack sampling its emissions, it shall pay the following additional fees: Anytesting requiring US/EPAmethods 1through 4only, perpermitunit. $100 2. Particulate emissions testing requiring US/EPAMethod 5, perpermitunit. $300 3. Any other pollution testing by Methods otherthan US/EPA Method 

### 5, (excepting those subject to subparagraph 1. immediately above), perpermit unit..

.... $500 h Any retest required to demonstrate compliance shall be subject to the fee schedule as stated in the subparts a.1. through a.3., immediately above. Section 15. That the following shall be adopted as Title 20, Chapter 6, Section 20-1(13) and shall be titled Permits and Fees- Emissions Fee for StationaJYSources: (1) EMISSIONS fEE Afee shall be collected annually from each stationary air pollution source which has more than one ton of actual emissions annually ofaregulated pollutant as defined herein, called the "Emissions Fee·, which shall equal the amount determined bythe requirements setforth as follows:

a. Twenty-nine Dollars and Sixty-five Cents ($29.65 1 ) per ton ofemissions emitted from the source beginning with calendaryear 1995, notincluding fugitive emissions and actual excess emissions that are the result of
process malfunctions and facility start-up and shutdown determined by the Health Department to be in compliance with the Air Pollution Code Sections that excuse these emissions from enforCement of each regulated pollutant as defined in Section 502 (b)(3)(B)(ii) ofthe federal Clean

### AirAmendments of 1990.

. 

# . This is the effective emissions fee rate (after adjustment for carryover overage) approved by the City of Lakeland. APPROVED ADOPTED EFFECTIVE APPLICABLE RATE IN RATE TO $ 9.00 1992 $ 9.00 1991 EMISSIONS $18.00 1993 $18.00 1992EMISSIONS $19.00 1994 $17.10 1993 EMISSIONS $29.65 0 1995 $29.65 1994EMISSIONS $29.65 1995 EMISSIONS $29.65 1996EMISSIONS $29.65 1998 $29.65 1997EMISSIONS $29.65 1999 $29.65 1998EMISSIONS $29.65 2001 $29.65 1999 EMISSIONS $29.65 2001 $29.65 2000EMISSIONS 

### 16b. 

### Ifno adjustmentin the emissions fee rate established for any calendaryear after 1992 is madebythe County Commission and the Lakeland BoardofMayor and Aldermen, the fee shall be increased by the percentage, if any, by 

### which the Consumer Price Index for the most recent calendar year preceding the unadjusted year exceeds the Consumer Price Index for the calendaryear two years prior to the unadjusted year, unless the Shelby County Commission adopts an emissions fee rate that excludes aConsumer Price Index adjustment. This rate amount shall then reflect a one-year Consumer Price Index Adjustment. for purposes of this 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 ofthe close ofthe twelve month period ending on August 

### 31 of each calendar year, and the revision ofthe Consumer Price Index which is most consistentwith the ConsumerPrice Indexfor 1989 shall be used.

c. The fee collected shall be adjusted by resolution of the Board of Shelby County Commissioners and the Lakeland Board of Mayor and Aldermen from time to time consistent

**v.~th** the need to cover the costs authorized by the Air Pollution Control Code and in accordance with the procedures in Section 20-1(20). for purposes ofthis Air Pollution Control Code a "stationary air pollution source" shall be that group ofair pollution sources located

**v.~thin** acontiguous area and under common control. (2) MAXIMUMAMOUNT SUBJECfTO EMISSIONS FEE 

### Each stationary air pollution source shall be assessed the Emissions fee on no more than four thousand (4,000) tons peryearofeach regulated pollutantitemits. (3) EXEMPTION FOR UNITS SUBJECT TO SECfiON 404 PROVISIONS OfTHE CLEAN AIR AMENDMEJ\'TS 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" underSection404 ofthe Clean

### AirActAmendments of 1990, entitled "Phase ISulfurDioxide Requirements". Section 16. That the following shall be adopted as Title 20, Chapter 6, Section 20-1(14) and shall be titled Permits and fees- Paymentoffees: (1) 

### Any person acquiring a permit shall be subject to the following payment of permit fees and the following procedure shall be used inpaymentthereof:

a. 

### b.

c. d. Initial filing fees for constructionpermits mustbe submittedwith theinitial permitapplications. Additional fees related to construction permits including those related to public notice are due within thirty (30) days ofreceiptofbillingbythe Department. fees related to stacktesting are due within thirty(30) days ofreceiptofbillingbytheDepartment. Inspection/Operating fees are assessed annually on the anniversary date ofthe issuance ofthe permitwhere applicable. 

# • fees for asbestos removal mustbe submittedwith thewrittennotice ofintenttoremove. 2. fees for air curtain destructors mustbe submittedwithin ten (10) days ofreceipt ofpermit. fees related to modification ofapermit shall be submitted with the permitapplication. 

### 17fees related to public notice necessary for the regulation of asource shall be due

**v.~thin** thirty (30) days of receipt ofbilling bythe Department. 

### (2) If the emissions fees assessed to astationary air pollution source are less than five thousand 

### ($5.000) dollars. the fees owed shall be submitted by September 30 of the year folloMng the year the emissions occurred. 

### lf more than five thousand 

### ($5.000) dollars is owed, then the amount due shall be submitted by January 

### 31 ofthe yeartwo years after the emissions occurred.

Section 

### 17. That the

**follov.~ng** shall be adopted as Title

### 20. Chapter 

### 6. Section 

### 20-1(15) and shall be titled Permits and fees·Allowable Uses for Emissions fee: The Departmentshall collect an annual emissions fee from those entities Mthin the CityofLakeland which operate stationary airpollutant sources required to make application on or after July 

### 1. 1992. to theMemphis-ShelbyCountyHealth Department for issuance. re-issuance ormodification ofapermit in accordanceMth the CityofLakeland. Tennessee--Air Pollution Control Code, and shall be subjectto the fee schedule set out in Section 

### 20-1(12). This fee shall be used for: 1)

**Re\~eMng** and actingupon any application for apermitorpermitmodification underthe City ofLakeland, Tennessee-· AirPollution Control Code as amended: 2) Implementing and enforcing the terms and conditions ofanypermit issued under the City ofLakeland, Tennessee--Air Pollution Control Code. provided, however, such cost shall not include any court cost or other costs associated Mth anyjudicial enforcement action: 3) Emissions and ambientmonitoring and inspection ofsource operated monitoringprograms; 4) Preparing generally applicableregulations orguidance; 5) Modeling. analyses and demonstrations; 6) Preparinginventories andtracking emissions. 7) Development of and support for the small business stationaJY source technical and environmental compliance assistance programas it applies to part

### 70 sources. 8) Information management activities to support and trackpermit applications. compliance certifications and related data entry. The emission and annual Operating/lnspection fees collected from major stationary air pollution sources as defined herein, shall be used exclusively for and be suffici;tt to pay, the direct and indirect costs of the major stationary source operating permit program allowable under the federal Clean Air Act and under regulations in support of those federal provisions as adopted locallyin the CityofLakeland, Tennessee--Air Pollution Control Code. The owner oroperatorofany stationary source shall also pay any costofexpense associatedMth public notices ornotifications required pursuantto the CityofLakeland, Tennessee--Air Pollution Control Codeorthe federal CleanAirAct.



### 18Section 18. That the following shall be adopted as Title 20, Chapter 6, Section 20-1(16) and shall be titled Permits and Fees- Reporting Requirements: (a) Except as provided below, each permitted stationary air pollution source must submit to the Department an annual report thatestablishes the amount ofactual emissions ofeach regulated pollutant, including carbon monoxide, for that source. This report will befor the emissions ofthat source that occurred during the calendaryear starting in 1991 and continuing for succeeding years thereafter. The Department may request, and the air pollution source shall**prO\~de.** additional information on the emissions data submitted when the Department determines, the datapreviouslyprovided is inadequateto establish the actual type or amount ofemissions from the source subjectto fees. (b) Not including air toxics as they are defined in the Clean AirAct Amendments of 1990 and the amendments thereto, if the source emits fewer than twentyfive (25) tons ofactual emissions ofpollutant during ayear, itmay atits option, use as the actual emissions figure, its permitted pollutant levels where available and known. If the source is a "major source" under the air toxics provisions of the Clean Air Act Amendments of 1990 it too must calculate its actual emission ofregulated pollutants. Failure to provide, on a timely basis, any additional information requested shall be considered failure to paythe fees.

Section 19. That the following shall be adopted as Title 20. Chapter 6. Section 20-1(17) and shall be titled Permits and Fees- Small BusinessWaiver: The Director ofthe Department, in his discretion but consistent**\\~th** Section

### 507 (f) ofthe CleanAirActAmendments of 1990. may, upon written petition setting forth in detail the justification 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 waiver may be appealed to the Local Air Pollution Control Board by the party requesting the waiver and will be heard under the same procedures as any other decision that is appealed to this Board. If awaiver is granted, it will be reviewed by the Board in its annual reviewprocess and is then subjectto revocation ormodification by the Board iffound to be unwarranted or granted in an arbitrary fashion. Such action will have no effect on prior years emissions fees and will only apply to the collection of future emissions fees. Section 20. That the following shall be adopted as Title 20. Chapter 6. Section 20-1(18) and shall be titled Permits and Fees- Surolus Funds CanyForward: Any surplus in emissions fee funds shall be carried forward fromyear to year for these stated purposes only. If. however, in any year after 1993, this carry forward surplus exceeds on February 15th thirty five percent (35 %) of the previous twelve (12) months fee, aten percent (10 %) perton credit on the established emissions fee amount shall be given to all stationary sources in the nextemissions fee payment.

. Section 21. That the following shall be adopted as Title 20. Chapter 6, Section 20-1(19) and shall be titled Permits and Fees- Penalty Provisions: 0 Failure to pay the fees set forth in this 

### Air Pollution Control Code shall be aviolation ofthe City of Lakeland, Tennessee--Air Pollution Control Code and can result in the assessment ofpenalties and injunction againstthe stationary airpollution 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 amounts is provided by appeal under the 

### 19administrative and judicial review provisions of the City of Lakeland, Tennessee--Air Pollution Control Code for appeal of decisions ofthe Health Officer. Section 22. That the**follo\\~ng** shall be adopted as Title 20. Chapter 6, Section 20-1 (20) and shall be titled Permits and Fees-Annual ReviewofFee Structure and rmancial Need: The Memphis-Shelby County Air Pollution Control Board shall annually review the fee structure established for the local air pollution control program and recommend to the Shelby County Commission any change in rate or make-up of the fee it determines, after public hearing, is necessary to meet the financial requirements of the Memphis-Shelby County Health DepartmentAir Pollution Control Program to fulfill the activities allowed to be funded by these fees. Such review shall include an estimate ofotherfunds available to the progratl\including surplus or carryforward funds as well as changes in state orfederal laws that could effectthe program. The recommendation shall be provided to the commission no laterthan April 1ofeach year. The county commission shall not. however, be required to adopt this recommendation, nor to change fees on any predetermined schedule. If the Shelby County Commission adopts achange in the rate ormakeup ofthe fee, that adoption shall be provided to the Lakeland Board ofMayor and Aldermen for adoption prior to collection of changed emission fees by the Memphis-Shelby CountyHealth Department. Section 23. That the following shall be adopted as Title 20, Chapter 6, Section 20-1(21) and shall be titled Severance: The provisions of this ordinance are hereby declared to be severable. Should any of these sections, provisions, sentences, clauses, phrases, orparts be held unconstitutional orvoid, the remaining portions shall continue in full force and effect. Section24. That the**follo\\~ng** shall be adopted as Title 20. Chapter 6, Section 20-1(22) and shall be titled Regulation ofParticulateMatterfrom Incinerators: (a) No person shall cause, suffer, allow or permit the emissions from any incinerator having a charging rate of 2.000 pounds perhour or less. fly ash or otherparticulate matterin quantities exceeding 0.2 grains percubicfoot offlue gas at standard conditions corrected to 12 percent carbon dioxidebyvolume excludingthe contribution ofauxiliaryfuel. (b) No person shall cause. suffer. allow orpermit the emissions from any incinerator having acharging rate greater than 2.000 pounds perhour, fly ash or otherparticulate matterin quantities exceeding 0.1 grains per standard cubic foot of flue gas at standard conditions corrected to 12 per cent carbon dioxide by volume excluding the contribution of auxiliaryfuel. (c) No person shall cause, suffer, alloworpermitthe emissions ofparticles ofunburned waste or ash from any incinerator which areindividuallylarge enough to bevisiblewhile suspended to the atmosphere. (d) No person shall construct, install. use or cause to beused any incineratorwhichwill resultin odors being detectable by sense ofsmell in any areaofhumanuse or occupancy. (e) No person shall install or construct an incinerator to be used for disposal of combustible waste from dwelling units if such incineratoris to beused to burn suchwastes produced byfewer than twenty-five (25) dwellingunits. 0

(f) No person shall use or cause to be used any incineratorunless 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 complywith recognized good practices.

20(g) Incinerators having 

### Vi cubic feet furnace volume or less used solely for the disposal of infective dressings and other similarmaterial shall notbe required to meetthese emission standards. (h) No person shall cause, suffer, allow, or permit to be discharged into the atmosphere from any incinerator, visible emissions with an opacityin excess oftwenty percent (20%). Section 25. That the following shall be adopted as Title 20, Chapter 6, Section 20-1(23) and shall be titled 

### Right ofEntry: For the purpose of carrying out the requirements ofthe City of Lakeland, Tennessee--Air Pollution Control Code, the Health Officer and his authorized representatives, including engineers, assistants, environmentalists and other employees. shall be permitted 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 air pollution thereon and therein. Section26. That Rules and Regulations ofT ennessee Chapters1 1200-3-2, titled Definitions; 1200-3-3, titled AmbientAir QualityRegulations; 1200-3-5, titledVisible Emissions; 1200-3-6, titled Nonorocess Emission Standards; 1200-3- 7, titled Process Emissions Standards; 1200-3-9, titled Construction and Operating Permits; Chapter 1200-3-10. titled Required Sampling. Recording and Reporting; 1200-3-11, titled Hazardous Air Contaminants; 1200-3-12, titled Methods of Sampling and Analysis; 1200-3-14, titled Control ofSulphur Dioxide Emissions; Chapter 1200-3-15, titled Emergeng' Eoisode 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; 

### TCA. §68-201-101 through 

### §68-201-118. as effective on December 31, 2000: Chapter 1200-3-34, titled Conformitv, as effective on November 14, 2001: and, the New Source Performance Standards (with tl1e exception ofSubparts B. C, Cb, 

### Cc, Cd, 

### Ce, 

## AAN ofthe Code ofFederal Regulations, Title 40, Part 60 (40 CFR 60) (Revised as of July 

### 1. 2002), and Appendices 

### A B and F of 40 CFR 60 (Revised as of July 

### 1. 2001), are incorporated herein by reference as if set out in their entirety and shall be adopted and approved as part of the City of Lakeland, Tennessee--Air Pollution Control Code, thereby amending the CityofLakeland, Tennessee--Air Pollution Control Code. Section nomenclature is identified in accordancewith thefollowing table. Lakeland Code State Federal Nomenclature Regulations Regulations Title 20-1(102) 1200-3-2 Definitions 20-1(1 03) 1200-3-3 AmbientAir Quality Regulations 20-1(105) 1200-3-5 Visible Emissions 20-1(106) 1200-3-6 Nonprocess Emission Standards 20-1(107) 1200-3-7 Process Emissions Standards 20-1(109) 1200-3-9 Construction and OperatingPermits 20-1(110) 1200-3-10 Required Sampling, Recording and Reporting 20-1(111) 1200-3-11 0 ···-·········· Hazardous AirContaminants 20-1(112) 1200-3-12 Methods ofSampling andAnalysis 20-1(114) 1200-3-14 Control ofSulfurDioxide Emissions 20-1(115) 1200-3-15 Emergency Episode Plan 20-1(116) 1200-3-16 40 CFR60 NewSource PerformanceStandards as defined above 20-1(118) 1200-3-18 Volatile Organic Compounds 

### 2120-1(120) 20-1(121) 20-1(122) 20-1(124) 20-1(125) 20-1(130) 20-1(131) 20-1(132) 20-1(134) 1200-3-20 1200-3-21 1200-3-22 1200-3-24 1200-3-25 1200-3-30 1200-3-31 1200-3-32 1200-3-34 Limits on Emissions due to Malfunctions, Startups 

### '32 Shutdowns General Alternate Emission Standards Lead Emission Standards Good Engineering Practice StackHeightRegulations Standards for InfectiousWaste Incinerators Acid PrecipitationStandard National Emission Standards for Hazardous Air Pollutants for Source Categories Prevention ofAccidental Releases Conformity

Section 27. That the City of Lakeland, Tennessee--Air Pollution Control Code, Section 20-1(102), Definitions. be amended by adding at. the end of the section the following definitions for "Health Officer" and "Odor" that read as follows: HealthOfficer is the Health Officerfor Memphis and Shelby County. Odor is a sensation of smell perceived as a result of olfactory stimulation. An odor is deemed objectionable, and therefore a nuisance, when one third (1/3) or more of a sample ofpersons exposed to it believe it to be objectionable in usual places ofoccupancy. The sample size is to be at least twenty-five (25) persons, orwhen fewer than twenty-five (25) are exposed, one half (1/2) mustbelieve itto be objectionable.

Section 28. That the City of Lakeland, Tennessee--Air Pollution Control Code, Section 20-1 (109), Reference 1200-3-9, Construction And Operating Permits, be amended by deleting in its entirety item 1200-3-9- .02(11)(b)14.(ii)(XXVII) and substituting in lieu thereof a new item 1200-3-9-.02(11)(b)l4.(ii)(XXVII) so that it reads as follows: (XA'VII) Any other stationary source category, which as ofAugust 7, 1980 is being regulated under section 111 or 112 ofthe Act;

Section29. That the City of Lakeland, Tennessee--Air Pollution Control Code, Section 20-1(109), Reference 1200-3-9, Construction And Operating Permits, be amended by replacing the phrase 

### "T.C.A. Section 68-201- 1 08" in the last sentence ofparagraph 1200-3-9-.05(5)**\\~th** the phrase "City ofLakeland, Tennessee--Air Pollution Control Code Section 20-1(8)" so that the paragraph reads as follows: (5) In any case where acondition is placed on apermit, the imposition ofthatpermit condition maybe appealed by filing a petition for reconsideration of the permit condition. The petition for reconsideration of permit conditions shall specify which conditions and portions of conditions are objected to and specifying in detail the objections. The petition of appeal must be delivered to the Technical Secretary within 

### thirty (30) days afterthe mailing date ofthepermit. 0 If the Technical Secretary is considering denying the petition he shall schedule a conference with the petitioner to discuss the matters under appeal within forty-five (45) days ofhis receipt ofthe petition. 

### If the Technical Secretary's resultant decision on the matters under appeal aggrieves the petitioner, the petitioner mayrequestahearing pursuantto City ofLakeland, Tennessee--AirPollution Control Code Section 20-1(8).



### 22

### Section 30. That the City of Lakeland. Tennessee--Air Pollution Control Code. Section 20-1(109). Reference 1200-3-9. Construction And Operating Pennits. 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 of Lakeland, Tennessee--Air Pollution Control Code Section 20- 1 (8)" so that the paragraphreads as follows: (6) All applicable provisions ofCity ofLakeland. Tennessee--Air Pollution Control Code Section 20-1(8), on contested cases shall apply to thehearing before the Board on such appeals

. Section31. That the City of Lakeland. Tennessee--Air Pollution Control Code Section 20-1(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 itreads as follows: 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 aMACf standard) that applies to all volatile organic compound emissions atthe source; and Section 32. SEVERABIU'IY. The provisions of this ordinance are hereby declared to be severable. Should any of these sections, provisions, sentences. clauses, phrases, words, or parts be held unconstitutional or void, the remaining portions shall continue infull force and effect. Section 33. BE IT FURTHER ORDAINED TiiAT one (1) 

### copy of the City of Lakeland, Tennessee--Air Pollution Control Code shall be available for public inspection in the office ofthe city clerk.

Section 34. BEIT FURTHERORDAINEDTiiAT exceptas amended bythis Ordinance, the CityofLakeland, Tennessee--Air Pollution Control Code shall remain in full force and effect as previously adopted as to any violation that occurredpriorto the effective date ofthis ordinance. Section 35. BEITfURTHER ORDAINEDTHAT this ordinance shall take effect from and after its passage on third and final reading

.
PASSED FIRST READING May 

### 08,

.

### 2003 PASSED SECOND READING June 

### 12, 2003 PASSEDTHIRDREADING June 12, 2003 I hereby certify 

### the foregoing 

### i$

### atrue COpY and document which was

**ap~g** and adopted by the Board

-of Commissioners of ihe 

### City of Lakeland 

### in a Rr@LAL/Is

### R Session



### . on

**UU~t** 

### 11.. 

### 2003 

# (;Jir.tllnJ ou/25

# loa Date F I

1

### NOTE: RULES INCORPORATED BY REFERENCE HEREIN HAVE BEEN FILED IN THE OFFICEOFTHE CLERKOF THECOUNTYCOMMISSIONAS REQUIRED BYT.CA §68-201-115.



### 23