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 FOR SHELBY COUNTY, TENNESSEE, 

TO AMEND THE SHELBY COUNTY AIR CODE TO CLARIFY 'I'BE USE OF THE TERM TECHNICAL 

SECRETARY 

WHEREAS, It is the declared public policy of Shelby County to maintain pUrity of the air resources of the community 

coll.!listent 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 ~ 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 Shelby County to qualify 

for receipt of federal 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 of air quality 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 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 of those regulated by air pollution 

control laws; and ' · · 

WHEREAS, In order to maintain the Certificate of Exemption from State of Tennessee (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; of the Tenllessee Code Amiotated · · · 

NOW, THEREFORE, BE IT ·eRDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 

SHELBY COUNTY, TENNESSEE: 

SECTION 1. That the 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 of the 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 of this ordinance ~~~:e 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 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 of the Code of Shelby County shall remain in full force and effect as previously adopted. . . 

SECTION 4~ BE IT FURTHER ORDAINED, Thai this Ordinan~ sball ct from and after the date it shall 

have been enacted according to dne process of law, 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..__ ____ _