ITEM#_li__ Prepared by:

**CO~ONER** __ **~H~O~O~K~s~----** Approved by: County Attorney ORDINANCENO. 

### ..:J&L ORDINANCE BY

## THE BOARD OF COUNTY 

### COMMIS~ONERS FORSHELBY COUNTY, TENNESSEE, TO AMEND THE SHELBY COUNTY AIR CODE TO CLARIFY 

### 'I'BE USE OFTHE TERMTECHNICAL SECRETARY WHEREAS, It is the declared public policy ofShelby County to maintain pUrity ofthe air resources ofthe community coll.!listent with the protection ofnormal health, general welfare and physical property'of

### the people, 

### maximum employment and the full industrial development ofthe state and

**~** seek the accomplishment ofthese objectives through the prevention, abatement and control ofair pollution by all practical and economically feasible methods . It is also the intent ofShelby County to qualify for receipt offederal funds available for air pollution cOIItrol programs and to that end, this ordinance shall be construed to give the authority to so qualify and maintain such qualification; and WHEREAS, Local regulation ofair quality is the most efficient means towards that end; and WHEREAS, The operation ofa local air pollution control program by the Memphis/Shelby County Health Department, which was established in the Shelby County Air Code, adopted on June 30, 1969 by the Shelby County Quarterly Court, and as amended, has served to protect the air quality in Shelby County and efficiently meet the needs ofthose regulated by air pollution control laws; and ' · · WHEREAS, 

### In orderto maintain the Certificate ofExemption from State ofTennessee (State) supervision granted by the Tennessee 

### Air Pollution Control Board, it is necessary to adopt requirements no less stringent than State standards; and WHEREAS, Shelby Connty has enacted

# air po



## Uu~oc control



## re&U~tiqns **n~t** iess.



## ~tringent

# t!ian standards adopted by the state pursuant to Chapter 6&-201, Part I; ofthe Tenllessee Code Amiotated · · · NOW, THEREFORE, BE IT ·eRDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SHELBY COUNTY, TENNESSEE: SECTION 

### 1. Thatthe Shelby County 

### . Ali Code, Section 3-12. WORDS AND PHRASES SUBSTITUTED IN STATE REGULATIONS ADOPTED BY REFERENCE, be amended by adding

# the phrase ".except in Section 3-3(e)(2Xa)" to paragraph (c) so that as amended paragraph (c) reads as follows: . . . (c) Whenever the terms Technical Secretary ofthe Tennessee 

### Air Pollution Control Board, Technical Secretary, or Secretary appear, they shall be replaced by Health Officer except in Section 3-3(e)(2)(a). 

### SECTION 2. 

### SEVERABILITY. The provisions ofthis ordinance

**~~~:e** hereby declared to be severable. Should any ofthese sections, provisions, sentences, clauses, phrases, words, or parts 

### be held Unconstitutional or void, the remaining portions shall continue in full force and effect. - 

### SECTION 3. BE IT FURTHER 

### ORDAINED, That except as amended by this Ordinance, the Shelby Co1mty Air Code and Chapter 14.5 ofthe Code ofShelby County shall remain in full force and effect as previously adopted.



### . . 

### SECTION

**4~** BE ITFURTHER

### ORDAINED, Thai this



### Ordinan~ sball ct from and after the date it shall have been enacted according to dne process oflaw, the public welfare
**requiring-·~-~**

First

**Readic~g**_____ _..S.,.EPIE .......""MBLL!olj!.liE&oi1R._.9!:>..

**i<l2011.loll~.~t2**____ _ Second

**Readin,~g**____ --.S.uE...,P ... TEu;u:MB,.....E ..

**R..,._.,23,z,.-'*2~00!!.42,__**__ _ Adopted Third Reading:, _____ _,O"'-'CT,._._,O ...

B.._E""R""-'-7._.. 2.,.0""02..__ ____ _