### ORDINANCE 2002-2 !NANCE DELETING TITLE 20, CHAPTER l,

## AIR POLLUTION CONTROL AND

. PLACING IT WITii

### NEW AIR POLLtiTION CONTROL CODE FOR 

### Tiffi CITY Vi(HEREAS, Section 9(12) ofthe Charter ofthe City ofMillington provides that 

### the Board ot'IMayor andAldermen has power to prescribe standards ofhealth and sanitation and to provide rE ·

### r the enforcement ofsuch standards, and Section 9(14) ofthe Charterprovides that the Board of yor and Aldermen has power to define, regulate and prohibit conduct and use of property · ely to be detrimental to the health, safety and general welfare ofinhabitants ofthe



## City;~1



# ~'HEREAS; the Board ofMayor and Aldermen desires to revise Chapter 1

### ofTitle 20 of the

**Mi~gton** 

### Municipal Code to delete said Chapter I in its entirety and to replace it with 

### new Chapter ·. to be in conformity with state and federal law and the other municipalities in Shelby County; N W, THEREFORE, BE IT ORDAINED BYTHE BOARD OF MAYORAND ALDER1 N OF 1HE CITY OF MILLINGTON, TENNESSEE, as follows: l :

### Title 20, Chapter 1, 

### Air Pollution Control. ofthe Millington Municipal Code, is deleted in its entirety. 2. The Ordinance to Adopt an 

### AirPollution Control Code for the City ofMillington attached hereto as ExhibitA is adopted in its entirety as new Title 20, Chapter 1 

### ofthe Millington Municipal Code. 3. A 

### copy ofthe Millington AirPollution Control Code shall be placed on file and maintained on file in the office ofthe City Clerk from and after its adoption, and shall be kept there for the use and inspection by the public at all times during normal business hours. This Ora1 ce shall become effective ten days after its final adoption, the public welfare requiring

# rt.

First

**~~ading:** 

### October 7, 2002 Second

**~eading:** 

### November 4, 2002 

### Third 'fading' Novomber 12, 2002 George 1il':' Harvell, Jr., Mayor



# ~c~h-~

### ORDINANCE 

### 2.llil2-

# +

AN ORDINANCE TO ADOPT AN POLLUTION CONTROL CODE FOR CITYOFMILLINGTON 

### AIR THE
WHEREAS, It is 

### the declaredpublic policy ofthis IIIIlllicipality to maintainpurityofthe air

### resources of the municipality consistentwith the protection ofnormal health, 

### general welfare andphysical property

### ofthe people, maximum 

### employment and the full 

### industrial dcvclop=t ofthe state and to 

### seek the 

### accomplislunent of these objectives through the prevention, abatement and 

### control ofair 

### pollution by all 

### practical and economically feasible methods. It is also the intent 

### ofthis 

### IIIIlllicipality 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 qualify and maintain such qualifieation; and 

### WHEREAS, local regulation 

### ofair 

### quality is 

### the most efficientmeans towards thatend; and 

### WHEREAS, The operation ofa local air

### pollution control programbythe Memphis-Shelby County Health Depll11mellt, 

### 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 ofMillington 

### and has 

### served to protect the air 

### quality in the 

### City ofMillington and efficientlymeet the 

### needs ofthose regulatedby air

### pollution control laws; 

### 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 ofMillin.gton desires to enact air 

### pollution control regulations not 

### less stringent than standards adopted bythe statepursuant to 

### 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 aprogram; and 

### WHEREAS, the 

### Board ofMayor and Alderman has 

### previously established a fee system to 

### collect and administer emissions fees and llllilUal inspection/operating fees which has 

### also been adopted in the 

### other municipalities ofShelby County; and 

### WHEREAS, the Board ofMayor and 

### Alderman wishes to retain the same annual $29.65 

### per ton 

### emission fee without ConsumerPrice Index 

### adjustmentfor emissions beginning with calendaryear 1995; 

### and 

### WHEREAS, Tennessee Code Annotated §68

-201-115(a) 

### provides that any municipality or county may adopt an ordinance orresolution which incorporates byrefcrcncc any fi:dcral 

### or state regulations when such

### regulations

arc properly identified as to 

### date and source, and when at least three (3) copies of such regulations which arc incoxporated by reference arc filed in the 

### office ofthe 

### county clerk for 

### public use, inspection and examination for a period 

### ofthirty (30) 

### clays before adoption ofthe ordinance 

### orresolution incoxporating regulations byreference; and 

### WHEREAS, such ordinance or resolution incoxporating regulations by reference 

### shall become effective only after

### publicationin a newspaperhaving a general circulationin the county; and 

### WHEREAS, the Clerk of the County Coiilllli.ssion has caused to be 

### published on May 22, 2002, 

### in a newspaper having general circulation in 

### Shelby County, Tconessee, notice ofthe 

### availability for public use, inspection and 

### examination at the 

### office ofthe 

### Shelby County Clerk ofthree (3) 

### copies offederal and State regulations to be incorporated by reference for a period ofthirty (30) 

### days before adoption ofthe ordinance or resolution incoxporating regulations by reference and 

### notice that the 

### date ofJune 17, 2002, 

### was the 

### date ofpublic hearing 

### on adoption ofsuch 

### ordinance; and 

### WHEREAS, maintaining up 

### to date 

### technical standards 

### promulgated by the 

### Teimessee Department 

### of Environmentand 

### Conservation (Tennessee) for the 

### control ofairpollution prevents the 

### need for state control ofthe 

### City of Millington 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 QJ!Bley Regulations; Chapter 1200-3-5, 

### titled Vi.,ble Emissi011s; Chapter 1200-3-6, 

### titled Nonpmccs.• Emission Standards;

. Chaplfj 1200-3-7, 

### titled Process Emissions Standards; Chapter 1200-3-9, 

### titled C.onstmctjon and Operating Pcrmirn; Chapter 1200-3-10, 

### titled Required Sarrqllin& Rc:cording and Reporting; Chapter 1200-3-11, 

### titled HanrriQJ!s 

### Ajr Contmrinanfl;; Chapter 1200-3-12, 

### titledMethods nfSampling and Anaqrsis; Chapter 1200-3-14, 

### titled 

### Ctmtml nfSulfirr Dioxide Emissions; Chapter 1200-3-15, 

### titled Emergency Episode Plan; Chapter 1200-3-16, 

### titled 

### New Source PcrfnT!D8D!'J': 

### Standards; Chapter 1200-3-18, 

### titled Volatile Or.ganic Compounds; Chapter 1200-3-20,

**titled~** 

### Emissions due to 

### Malfjmctjons Startups and ShntdDWT!s; Chapter 1200-3-21, 

### titled C..:ncral A)fi:mate Emission Standards; Chapter 1200-3-22, 

### titled I 

### .c:ad Emission Stanclards; Chapter 1200-3-24, 

### titled C'..and 

### Engineering Practices Stack Height 

### Regulations; Cl!apter 1200-3-25, 

### titled Standards fur 

### Tnfrx:ripus Wag!r; 

### Incinerators; Chapter 1200-3-30, 

### titled Acid Precipitation Sl!tndard· Chapter 1200-3-31, 

### titled National Emission Standards for Hazardous Air

### PoDnl!tnfl;fur Source Categories; Chapter 1200-3-32, titled Prevention of Accidental Releases; Chapter 1200-3-34, titled C.onfnrmizy; and the New Source Perl'ormance Standards (with the exception ofSubparts B, C, Cb, Cc, Cd, Ce, AAA) and Appendices A, B and F ofthe Code ofFederal Regulations (CFR), Title 40, Part 60 (Revised as ofJuly 1, 2001) except for the authorities thereinrettinedby the Administrator andnottransferredto a State. 

### NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OFTHE CITY OFMILLINGTON, that the air pollution control ordinance in Title 20, Chapter 1, Sections 20-101, 20-102, 20-103, and 20-104 ofthe Millington Municipal Code, codified June, 1998, be, andhereby is, amended as herein set forth. 

### Section 1. That Sections 20-101, 20-102, 20-103, and 20-104 ofthe Millington Municipal Code of Ordinances 

### are hereby replaced in their entirety on the effective date ofthis ordinance. 

### Section 2. That Title 20, Chapter 1 shall be the 

### "CITY OF MILLINGTON, TENNESSEE-AIR POLLUTION CONTROL CODE" and shallbe 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 in StateBegulatjons Adopted by Reference: (1) For the purpose of enforcement of the City of Millington, Tennessee-Air Pollution Control Code, the following shall apply:

0 {a) Wherever the tCIIDS 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 Control with the following exceptions:
1. 2. 

### 3. 4. 

### 5. 20-1(109) 20-1(107) 20-1(106) 20-1(114) 20-1(lll) 1200-3- 9-.04 1200-3- 7-.06 1200-3- 6-.01 1200-3-14-.01(1)(a), and 1200-3-11-.01(1) (b) Wherever the terms Tennessee, State ofTennessee, or State appear, they shall be replaced by City ofMillington with the following exceptions: 1. 20-1(109) 1200-3- 9-.04 2. 20-1(114) 1200-3-14-.01(1)(a) 3. When referring to Tennessee Code Annotated, and 4. Whenreferring to the Tennessee Air Quality Act (c) Wherever the terms TeclJDi.cal Secretary ofthe Tennessee Air Pollution Control Board, Technical Secretary, or Secretary appear, they shall be replaced by Health Officer except in Section 20- 1(5)(e)(2)(a) for 

### the purposes ofTennessee Code Annotated §68-201-116(b)(1). (d) Wherever the terms ''Department ofEnviromnent and Conservation ofthe State ofTennessee", "Tennessee Department ofEnvironment and Conservation", or ''Department" appear, they shall be replacedby "Memphis and Shelby County Health Department". (e) Wherever the terms Tennessee AirPollution Control Division ofAirPollution Control, orDivision appear, they shall be replaced by Memphis and Shelby County Health Department, Air Pollution Control Section. (f) Wherever the 

### terms Tennessee Air Pollution Control Regulations or Regulations appear, they shall be replacedbyCity ofMillington, Tennessee-Air Pollution Control Code. (g) Wherever 

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

### Section 4. titled Open Burning: That the following shall be adopted as Title 20, Chapter 1, Section 20-1(2) and shall be

(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 bpming oftires and other rubber products, vinyl shingles and siding, other plastics, asphalt shingles and other asphalt roofing materials, and/or asbestos

2

### containing materials is 

### expressly prohibited, and such materials shall not be lawful in any open burning conducted under 

### the provisions ofSection 20-1(2). (b) 

### Open burning as listed below may be conducted without pcmrit subject to fire 

### department approval and provided further that 

### no public nuisance is 

### or will 

### be created by the open burning. (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 preparation facilities and 

### their operation. (2) Fires set for the training 

### and instruction offiremen or for research in fire 

### protection or prevention. However, routine demolition ofstructures via supervised open burning by responsible fire control persons 

### will not be considered fire training. 

### Additionally, the person responsible for such burning, unless conducted at 

### arecognized fire 

### training academy, must certify compliance with the following requiremcntll by written statement The certification must 

### be delivered to 

### the Pollution Control Section ofthe Memphis-Shelby County Health Department (Department) at least ten (1

### 0) working days priorto commencing the bum: (i) The open burning is 

### being conducted solely for fire training 

### purposes. (ii) All 

### vinyl siding, caxpet, 

### vinyl flooring, asphalt 

### roofing materials, and 

### any other materials expresslyprolnbitcd in Subsection20-1(2)(a), have been removed. (iii) All 

### regulated asbestos contaming materials have been removed in accordance with Section 20-1(111), Reference 1200-3-11-.02(2)(d)3.(x). (iv) A 

### traffic hazard will 

### notbe causedby the air

### contaminants generatedby the fire training. 

### (v) A 

### public nuisance 

### will notbe 

### createdby the 

### open buming. (3) Smokeless flares or safety flares for the combustion of waste gases provided other applicable subsections ofthis 

### section 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 subsection (a) may be permitted for vegetation ifa!l ofthe following conditions are met when an air 

### curtain destructor is used: (1) A

### requestis filed with the health officer giving 

### the reason why 

### no method except openburning can be employed to dispose ofthe material involved, the 

### amount and kind 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 ot: or increase in quantities of: materials burned must be preceded by notification. The notification must 

### be delivered to the Department at least ten ( 1 0) working days priorto commencing the change in the 

### bum. (2) The 

### person applying for the 

### permitcertifies, by written statement, 

### compliance with following distance requirements, at a

### minirrnnn·

0 (i) 

### The open burning site 

### must be at least five hundred ( 500) feet from any Federa! and from any State highway; and (ii) The 

### open burning site mustbe at least 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 same

### property as 

### the air curtain 

### destructor; and (iii) 

### The open burning site mustbe 

### at least one-half

### (112) mile 

### from any aiiport, nursing home or hospitaL (3) 

### The plume from the air curtain 

### destructor must 

### meet the 

### visible emission standards specified in 

### Section 20-1(105), 

### Reference 1200-3-5-.01(1); however, 

### for certain 

### materials the 

### Department may allow one 

### start-upperiod in excess of

### the standard, per day, notto exceed 

### 20 minutes 

### in24 hours. ( 4) All 

### matcria! 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 sha!l be limited to
3#1 or#2 grade fuel oils. (5) No :fire shall be ignited while any airpollution emergency episode is in effect inthe area ofthe bum. No fire shall be ignited during any exceedance ofthe 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 (CLAm) recorded line at (901) 544- 7489 or544-7490before igniting a :fire to determine 

### ifitis aBurning Day or aNo-Burning Day. (6) Approval is received fromthe Health Officerin writing. (7) Permission is secured fromthe fire department inthejurisdictioninvolved. (8) Theburning 

### will be done betweenthe hours of9:00am and 4:00pmor as authorizedbythe 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 aplane ofhigh velocity forced draft air through amanifold head into abum chamber with vertical walls in such a manner as to 

### maintain a curtain ofair over the surface ofthe bum 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 defmed 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 ofGod" 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. (4} "Open Burning" is the burning ofany matter under such conditions that products ofcombustion
are emitted directly into the open atmosphere withoutpassing directly through a stack. (5) "Person" is any individual, partnership, co-partnership, fum, company, corporation, association, joint stock company, trust, estate, political subdivision, an agency, authority, commission, or department ofthe United States govemment, or ofthe State ofTennessee gove=ent; or any other legal entity, or its legalrepresentative, agent, or assigns. (e) Burning afternatural disasters. (1) Open burning ofmaterials resulting from a natural disaster, and when conducted in conformity with the following conditions, maybe 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 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, or on-siteburial ofwaste inlieu ofburning, 

### iflawful, is encouraged. {ii) 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 ofthe 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 usc ofchippers and grinders inlieu ofbumingis encouraged. (iii) Atraffic hazard 

### shall notbe causedby the air contaminants generatedby 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 exceedancc ofthe National Ambient Air Quality Standard for ozone, oxides ofnitrogen, carbon monoxide, or particulate matter. Contact the Department's Computerized Local Air Index Reporting system (CLAlR.) recorded line at (901) 544-7489 or 544-7490 before igniting a fire to determine ifit is a Burning Day or aNo-BurningDay.
4(v) Open burning conducted under tills exception is only allowed where no other safe and/or practical means ofdisposal is available. (2) The Health Officerreserves the right torequire aperson to cease or limit open burning ifemissions from the fires arc deemed by the Health Officer or his designee to jeopardize public health or welfare, create a public nuisance or safety 

### hazard, create a potential safetyhazard, orinterfere with the attainment ormaintenance ofthe air quality standards. (3) AIJ.y 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 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 ofany forest, grasslands or woodlands without first securing apermit from the State forester in unincorporated portions ofShelby County.] 

### Section 5. That the following shall be adopted as Title 20, Chapter 1, Section 20-1(3) and shall be titled Seyerahmty orparts of Adicley: The provisions ofthis Air Pollution Control Code are hereby declared to be severable, and ifany sections, provisions, clauses, orparts be held unconstitutional or void, then the remainder ofthis Air Pollution Control Code shall continue in full force and effect, itbeing the legislative intent that this Air Pollution Control Code would have been adopted even if suchunconstitutional orvoidmatterhadnotbeen included therein. 

### Section 6. That the following shall be adopted as Title 20, Chapter 1, Section 20-1(4) and shall be titled Enforcement- violations ofChapter- Notice; Cjtation· InJnnctiye Belief· (a) Whenever evidence has been obtained or received establishing that a violation of this code has been committed, the Health Officer shall issue anotice to correctthe 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 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 violation has been corrected, or initiate proceedings to prosecute the violator for violation ofthis 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 orjudicial review, the Health Officer shallinstitute proceedings in a court ofcompetent jurisdictionfor injunctive relief

### to enforce the regulations or orders pursuanthereto. 

### Section 7. That the following shall be adopted as Title 20, Chapter 1, Section 20-1(5) and shall be titled Penalties for Noncompliance:
(a) Failure to comply with any ofthe provisions ofthe City ofMillington, Tennessee-Air Pollution Control Code shall constitute a violationthereofand shall subjectthe person orpersons responsible therefore to any and all of the penalties providedby law. ' (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 ofthe City ofMillington, Tennessee-Air Pollution Control Code, anyboard or administrative order orany permitcondition; (2) Makes any false material statement, representation, or certification in anyrecord, report, plan or other documentrequired bypermitto be eitherfiled or maintained; (3) Falsifies, tampers with, renders inaccurate or fails to install any monitoring device or method required to be maintained orfollowed; or (4) Fails to pay a fee Gcommits a Class C misdemeanor pursuant to the Tennessee Code A:D.notated with the fine not to exceed ten

thousand dollars ($10,000) per day per violation. For the purpose of this section, each day of continued violation constitutes a separate offense and is punishable as such. No warrant, presentment or indictmem arising under Subsection 20-1(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-JJJ, for a violation within its jurisdiction.


### 5(c) Will.ful and knowing violation ofany provision ofthe City ofMillington, Tennessee-Air Pollution Control Code is declared to be amisdemeanor, and each day ofviolation shall constitute a separate offense. Conviction ofa misdemeanoris punishable with the fine notto exceedten thousand dollars ($10,000) 

### per day

### perviolation
orwith imprisolli!lentnot greater

### than thirty (30) days, orboth. (d) Inaddition and supplemental to any criminal action which may be prosecuted under this section, the Health Officer has and is vested withjurisdiction and authority to determine whether or not any provision ofthe City ofMillington, Tennessee-Air Pollution Control Code, any permit condition, or any order has been violated, and whether or 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 law relating to the abatement of public nuisances. (e) Orders and Assessments ofDamages and Civil Penalties and Appeals (1) When the Health Officer discovers that any provision ofthe City ofMillington, 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 civilpenalty underparagraph(2). (2) (a) In addition to the criminal penalties in this section, any person who violates or fails to comply with any provision ofthe City ofMillington, Tennessee--Air Pollution Control Code or any standard adopted pursuant thereto in a permit, shall be subject to a civil penalty ofup to twenty-five thousand dollars ($25,000) per day for each day ofviolation. Any person against whom 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 Secretary for de novo review ofthe 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 municipalityresulting therefrom (b) Any civil penalty or damages shallbe assessed inthe following manner: 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 personresponsible 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 objectiollS 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 collSented to the assessment and it shall become 

### 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 Millington 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 ofplant or animal life or any other actual damages or clean-up expenses causedbythe pollution orbythe violation. The plea offinancial inability to prevent, abate or control pollutionby the polluter orviolator shall notbe a valid defense to liabilityfor violations ofthe provisions ofthe City ofMillington, Tennessee--AirPollution Control Code. (d) The issuance ofan order or assessment ofcivil penalty by the Memphis-Shelby County Health Department operating under a certificate of exemption 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 or Commissioner of !he Tennessee Department ofEnvironment and Conservation.



### 6(e)



### Section 8. 1. Whenever my 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 ofShelby County 

### ifthe final order or assessment is from the Memphis-Shelby County Health Department. 2. When filed in accordance with clause (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 section, 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 clause (e)2., any citizen ofthe City ofMillington shall have the right to intervene on the ground that the penalties orremedies provided are inadequate or are based on erroneous findings offacts. Upon receipt ofa 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 detennined 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 timelymotion to intervene is filed, or ifany such motion is determined to be duplicitous or frivolous, the judgment shall become 

### final forty-five (45) days after the date ofentry. 4. A 

### final judgment under this subparagraph has 

### the same effect, is subject to the same procedures, and may be enforced or satisfied in the same mmner, as any otherjudgmentofa court ofrecord ofthis state. That the following shall be adopted as Title 20, Chapter 1, Section 20-1( 6) and shall be titled Enfprcement- variances· (a) Any person who owns or is incontrol 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 setforth in subsection 20-l(B)(f) of City ofMillington, 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 T. C.A. §68-201-115 if it finds that: 1. The emissions proposed to occur as a result ofavariance would not endanger or tend to endanger humanhealth, safety, orwelfare, and would not cause or tend to cause property 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 the 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 section until the Board has considered the relative interests ofthe applicant, other owners ofproperty likely to be affected by the discharges, and others who maybe affected bygranting or denying arequestfor variance

. (c) Any variance or renewal thereofshall be granted within the requirements ofsubsection (a) for time periods and under conditions consistentwith the reasons therefore, and with the following limitations: 1. Ifthe variance is granted on the grounds that there is no practicable means known or available for 

### the adequate prevention, abatement, or control ofthe airpollution 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 altemate measures that the Board may prescnbe. 2. 

### If the variance is granted on the ground that compliance with the particular requirement or 

## e 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 talcing 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 timeable is being met 3. Anyvariance orrenewal granted shall be for a time periodnot to exceed one (1) year.



### 7(d) Any variance granted pursuant to this section may be renewed by the 

### Nx Pollution Control Hearing Board
on terms and conditions and for periods which would be appropriate on initial granting ofthe 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 

### isjustified. No renewal shall be granted except on application therefore. Any such application shall be made at least sixty (60) days priorto the expiration ofthe variance. Ixmncdiately upon a receipt of an 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 inthe discretion of the Board. However, any applicant adversely affected by the denial or the terms and conditions ofthe granting ofan application for a variance or renewal ofa variance by the Board may obtainjudicial review thereofonlyin a court ofcompetentjurisdiction. (f) Nothing in this section and no variance orrenewal grantedpursuant hereto shall be construed to prevent or limit the application of the emergency provisions and procedures of Sections 20-1(7) and 20-1(115) (Reference 1200-3-15) to any person orhisproperty. 

### Section 9. That the following shall be adopted as Title 20, Chapter 1, Section 20-1(7) and shall be titled Enforcement- EmergencyPowers 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 ofair contaminams. Upon issuance ofany such order, the Health Officer shall fix a place andtime, notlaterthan twenty-four (24) hours therea:flcr, for a 

### hearing to be heldbefore the AirPollution Control Hearing Board. Such hearing shall be held 

### in collfonnity with the provisions of Section 20-1(8), insofar as applicable. Not more than twenty-four (24) hours after the commencement of such hearing, and without adjournment thereat; the Air Pollution Control Hearing Board shall affinn, modify or set aside the order ofthe Health Officer. (b) Inthe absence ofa generalized condition ofairpollution ofthe type referred to in subsection (a) ofthis section, but ifthe Health Officer finds that emissions from the operation of one or more air contaminant sources 

### is causing 

### i=inent danger to human health or safety, he may order the person responsible for the operation 

### in question to reduce or discontinue operations immediately, withoutregard to the provisions ofthis Chapter. In such event, the requirements for hearing and affirmance, modification or setting aside oforders set forth in subsection (a) ofthis section shall apply. 

### Section 10. That the following shall be adopted as Title 20, Chapter 1, Section 20-1(8) and shall be titled Ajr Pollution Control Rearing Board

- Created; Membership; Term ofOffice; Jnrjsdlctinp; Hearings; A.ppl:als: (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 faculty or staffofa 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 ofitand abstain from matters related to it. (1) Eight (8) members ofthe Board are to be appointedjointlyby the Mayor ofthe City ofMemphis and the 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 of

### air pollution 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, exceptthatindustrymayhave 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 shallbe four years except that ofthe initially appointed members, ofwhich three G 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 term 

### in the same manner as the original appointment. Should the termofany Board member expire without a replacementmember 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 regular meetings each year and such additional meetings as the chairman deems necessary. All hearings conducted bythe Board shall be open to the public. The Health Director shall act as secretary to the Board 

### 8and shall keep records ofits hearings and other official actions. All hearings shall be held before not Jess than amajority ofthe Board. (d) The Boardis hereby vested withthe followingjurisdiction and authority: (I) Grant, deny orrevoke variance applications. (2) To decide appeals from any decisions, rulings, or detcmrinations of the Health Director or his designated representative under this Air Pollution Control Code. (3) To hear appeals arising from the failure ofthe Health Director or his designated representative to act within areasonable period on complaints under this Air Pollution Control Code. (e) AJJ.y 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 established by this section. Such appeals shall be made within fifteen (IS) days after receiving notice ofsuch decision, ruling, requirement, rule, regulation, or order or failure to act by filing a written notice of appeal directly to the Board specifying the ground thereof and the relief requested. 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 Section 20-1(7), "Emergency Order." The Board, not more than thirty (30) days after the date of filing 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 thereofby mail to the interested parties. (f) Hearings before the Board shall be conducted in the following manner: (1) Notice ofany and allhearings shall be given at least fifteen (15) days prior to the scheduled date of the hearing by public advertisement in a newspaper of general circulation in Shelby County, Tennessee giving the date, time, place andpwpose ofthe hearing; and (2) The chairman ofthe Board shall act as the hearing examinerto conduct such hearing; and (3) Aily person seeking a variance or any party who has filed a written notice ofappeal pursuant to Section 20-1(8) or Section 20-1(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 and may examine 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 any party to the hearing upon payment ofthe normal fee, which shall not exceed the cost oftranscnoing such testimony. (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 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 a majority ofmembers to which the Board is entitled. (6) Upon failure ofthe Board to enter a final order or detcmrination within sixty (60) days after the final argumellt ofsuch hearing, the respondent shall be entitled to treat for all pwposes 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 Section 20-1(8) or Section 20-1(109). The burden ofproofis on the applicant where a variance has been soughtpursuant to Section 20-1(6), in accordance with T.C.A. §68-201-118(k). (8} Aily person aggrieved by any final order or determination of the Board hereunder shall have judicial review thereofby writ ofcertioraripursuant to T. C.A. §27-9-1OJ 

### etseq. Nojudicialreview shall be available until and after all administrative remedies have been exhausted.
titled

### l,~:::o:b!fe·men~t the following shall be adopted as Title 20, Chapter 1, Section 20-1(9) and shall be

A When dust, 

### fumes, gases, mist, vapors, or any combination thereofescape from a building or equipment insuch a manner and amount as 

### to cause a nuisance or 

### to violate any regulation, the Health Officermay order that the building or equipment in which processing, handling and storage arc done be tightly closed and ventilated in such a way that all air and gases and air or gas-borne material leaving the building or equipment arc treated by removal or destruction ofair contaminants before discharge to the open air.



### 9B. No person shall cause, suffer, allow, orpermit any air contaminant source to be operated without employjng suitable measures for the control ofthe emission ofobjectionable odors. Suitable measures shall include permit limitations, wetscrubbers, incinerators, or such other devices as maybe approvedbythe Health Officer. 

### Section 12. That the following shall be adopted as Title 20, Chapter 1, Section 20-1(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, cons1ructed, altered, repaired or demolished without taking reasonable precautions to prevent particulate matter from becoming airbome. Such reasonable precautions shall include, but not be limited to, the following: (1) Use, where possible, water or chemicals for control ofdustinthe demolition ofexisting buildings or structures, construction operations, the grading ofroads orthe clearing ofland; (2) Application ofasphalt, oil, water, or suitable chemicals on material stockpiles, 

### and other surfaces which can create airbome dusts; (3) Installation and use ofhoods, fans, and fabric filters to enclose and vent the handling of dusty materials. Adequate containmentmethods shall be employed during sandblasting or other similaroperations. ( 4) Covering, atall 

### times when in motion, openbodied trucks transporting materials likely to become airbome; ( 5) Conduct ofagricultural practices such as tilling ofland, application offertilizers, etc. in such manner as to not create anuisance to others residing inthe area. (6) The paving of roadways and their maintenance in aclean condition. (7) The prompt removal of earth or other material from paved street which earth or other material has been transported thereto bytrucking orearthmoving equipment or erosion by water. 

### Section 

### 13. That the following shall be adopted as Title 20, Chapter I, Section 20-I(ll) and shall be titled Pennits and Fees AppUcahWcy and Enforcement Autborjcy' (1) The provisions ofthis section onPermitFees shall apply to anypersonrequired to make application on orafter July I, 1992, to the Memphis-Shelby County Health Department for issuance, re-issuance ormodification ofa permit inaccordance wi1h this Chapter andAirPollution Control Code, and shall be subjectto the fee schedule set outin Section 20-1(12). The provisions ofthis Chapter on Emissions Fees shall applyto any person holding or obtaining a valid air pollutionpermitfrom the Memphis-Shelby CountyHealth Department on or afterJuly I, 1992, and shall be subjectto the fees set outin Section20-1(20). (2) The Memphis-Shelby County Health Department (hereinafter referred to as the Department) is designated to cany out and enforce the provisions ofthis Air Pollution Control Code and to promulgate any regulations consistent with itas maybe required for proper administration ofthe fee system createdherein. 

### Section 14. That the following shall be adopted as Title 20, Chapter 1, Section 20-1(12) and shall be titled Permits and Fees Permit Fee Schedule: Fees forpermits are hereinafter setout as follows, and shall apply to any ''person" as defined inthis Chapter: (1) ConstructionPermits

a. Any person making 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. b. Inadditionto the fees in (1) a. above, !he largest ofthe following fees, ifapplicable, shallbe paid: 1. Prevention ofsignificantdeterioration (PSD) review

...... $3,000 2. Major source or major modification review, except PSD sources review, requiring modeling

...... $2,000 3. Minor source orminormodificationreview, requiringmodeling

...... $500 4. New Source performance 

### standard (NSPS) source review, perpermit unit..

... $500 

### 5. National Emission Standard for Hazardous Air Pollutant (NESHAP) source review, per permit unit..

... $500 (2) Inspection/OperatingPermit 

### 10a. Any person malcing application to the Memphis-Shelby County Health Depar1ment for an inspection/operating permit shall pay the larger of the applicable fees in accordance with the following schedule: 1. Asbestos demolition/renovationremoval, pernotice

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

..... $100
3. NSPS Source, perpermitunit.

..... $100 

### 4. NESHAP source, perpermitunit...

... $100 

### 5. Anypermit 

### 1IIlit with actual emissions of 100 tons ormore a year ofany single pollutant.

.... $150 6. Any permit unit with actual emissions of

### 50 tons or more a year, but less than 100 tons per year ofany single pollutant.

...;. $100 

### 7. Anypermit unit with actual emissions of25 tons or more peryear, but less than 50 tons per year ofa single pollutant.

..... $75 8. Any pezmit unit with actual emissions of!ess than 25 tons per year ofa single pollutant..

.... $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 apermitpursuantto local rules implementing Title 40, Code ofFederal Regulations, Section 70 (Major Source Permits)

...... $150.00 b. No portion ofthe inspection/operating fee sball be refundable in the event the source discontinues operation or service during the permittedperiod. (3) Modification ofaPermit

a. Any person malcing application to the Memphis-Shelby County Health Department for the modification ofa permit shall pay 

### a fee for each permit unit being modified, except that no fee is required for modification ofapermit to correct clerical, typographical, or calculations 

### errors. This fee shall be set as follows: 

### 1. Ifthe modificationis anticipatedto result in an increase in allpollutants less than 10 tons per year...... $100 2. Ifthe modification is anticipated to result in an increase in all pollutants more than I0 tons peryear, butless than 50 tons peryear...... $250 

### 3. Ifthe modification is anticipated to result in an increase in all pollutants more than 50 tons peryear...... $500 (4) StackSampling

a. 

### Ifa source is required to demonstrate compliance by stack sampling its emissions, it shall pay the following additional fees: 

### 1. Any testing requiring US EPAmethods I through 4 only, perpermit unit.

..... $100 

### 2. Particulate emissions testing requiring US EPAMethod 5, perpermitunit.

.... $300 3. Any other pollution testing by Methods other than US EPA Method 5, (excepting those subjectto subparagraph I. immediately above), perpermitunit...

... $500 

### b. Any retest required to demonstrate compliance sball be subject to the fee schedule as stated in the 0 subparagraphs a. I.through a.3., immediately above. 

### Section 15. That the following sball be adopted as Title 20, Chapter I, Section 20-1(13) and shall be titled Permits and Fees Emissions Fee for Stationacy Snurces: (1) EMISSIONSFEE



### 11A fee shall be collected annually 

### from each stationary air pollution source which emits more than one ton of actual emissions annually ofa regulated pollutant as defined herein, called the "emissions fcc", which 

### shall equal the amowttdetermined by the requirements setfor1h as follows:



### a. Twenty-nine Dollars and Sixty-five Cents ($29.65 1) per ton of emissions i:mitted from 

### the source beginning with calendar year 1995, not including fugitive emissions and actual excess emissions that are the result ofprocess 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 ofeach regulated pollutant as defined in Section 502 (b)(3)(B)(ii) ofthe Federal CleanAirAmendments of1990. b. Ifno adjustment in the emissions fcc rate established for any calendaryear after 1992 is made by the County Commission and the Millington Board ofMayor andAldermen, the fcc 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 ConsumerPrice Index for the calendaryear

### 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 amowtt shall then reflect 

### a one-year Consumer Price Index Adjustment Forpuxposcs ofthis Chapter and All' Pollution Control Code, 

### the Consumer Price Index is the average ofthe Consuroer Price Index for all urban consumers published by the Deparb:nent ofLabor, as ofthe close ofthe twelve month period ending on August 31 ofeach calendar year, and the revision of the Consumer Price Index which is most consistent with the ConsumerPrice Index for 1989 shallbe used.

c. The fee collected 

### shall be adjusted by resolution ofthe Board ofShelby County Commissioners and the Millington 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 Section 20-1(20). Forpurposes ofthis AirPollution Control Code a "stationary airpollution source" shall be that group ofairpollution sources located within acontiguous area andunder co=oncontrol. (2) 

### MAXIMUM AMOUNT SUBJECI'

### TO EMISSIONS FEE Each stationary airpollution source shallbe assessed the Emissions Fee on no more than four thousand ( 4,000) tons peryear ofeachregulatedpollutantit emits. (3) EXEMPTION FOR UNITS SUBJECf TO SECTION 404 PROVISIONS OF THE 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 afi'ected 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 Title 20, Chapter 1, Section 20-1(14) and shall be titled Permits and Fees Pa;yment ofFees: (1) Any person 

### acquiring a permit 

### shall be subject to the following payment ofpermit fees and the following procedure shall be used 

### in payment thereof.



# • a. 

### Initial filing fees for constructionpermits mustbe submitted with theinitialpermit applications. b. Additional fees related to construction permits including those related to public notice are due within thirty (30) days ofreceipt ofbillingby the Department.

c. Fees related to stacktesting are due withinthirty (30) days of receipt ofbillingby the Department

This is the effective emissions fee rate (after adjustment for carryover overage) approved by the City of Millington. APPROVED RATE 

# s 9.00 $18.00 $19.00 $29.65

$29.65 $29.65 $29.65 $29.65 ADOPTED IN 1992 1993 1994 1995

1998 1999 2001 2001



### 12 EFFECTIVE RATE $ 9.00 $18.00 $17.10 $29.65 $29.65 $29.65 $29.65 $29.65 $29.65 $29.65 APPUCABLE TO 1991 EMISSIONS 1992 EMISSIONS 1993 EMISSIONS 1994EMISSIONS 1995 EMISSIONS 1996 EMISSIONS 1997 EMISSIONS 1998 EMlSSIONS 1999 EMISSIONS 2000 EMlSSIONSd. Inspection/Operating Fees are assessed annually on the anniversary date ofthe issuance ofthe permit where applicable. I. Fees for asbestos removalmustbe submittedWiththe writtennotice ofintentto remove. 2. Fees for air curtain destructors mustbe submitted within ten (10) days ofreceipt of permit
Fees related to modification ofapermitshall be submitted with 

### the pennit application. f. Fees related to public notice necessary for the regulation ofa source shall be due within thirty (30) days ofreceipt of billing by the Department (2) Hthe emissions fees assessed to a stationary air pollution source are less than five thousand ($5,000) dollars, the fees owed shaii be submitted by September 3 0 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 Januazy 31 ofthe yeartwo years afterthe emissions occurred. 

### Section 17. That the following shaii be adopted as Title 20, Chapter 1, Section 20-1(15) and shaii be titled Permits and Fees

- Allowable Uses for Emissions Fee: The Department shall collect an annual emissions fee from those entities within the City ofMillington which operate stationary airpollutant sources required to make application on or afterJuly 1, 1992, to the Memphis-Shelby County Health Departmentfor issuance, re-issuance ormodification ofapennitinaccordance withthe City ofMillington, Tennessee-AirPollution Control Code, and shaii be subjectto the fee schedule set out in Section 20-1(12). This fee shall be used for: 1) Reviewing and acting upon any application for a permit or permit modification under the City ofMillington, Tennessee-AirPollution Control Code as amended; 2) Implementing and enforcing the terms and conditions of any permit issued under the City ofMillington, Tennessee-AirPollution Control Code, provided, however, such cost

### shall not include any court cost or other costs associated with anyjudicialenforcement action; 3) Emissions and ambientmonitoring andinspection ofsource operatedmonitoring programs; 4) Preparing generally applicable regulations orguidance; 5) Modeling, analyses and demonstrations; 6) Preparing inventories and tracking emissions. 7) Development ofand support for the small business stationary source technical and environmental compliance assistance program as itapplies topart70 sources. 8) 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 and be sufficient to pay, the direct and indirect costs ofthe major stationary source operating permit program allowable under the Federal Clean Air Act and under regulations in support ofthose federal provisions as adopted locally in 

### the City ofMillington, Tennessee-AirPollution Control Code. The owner or operator of any stationary source shall also pay any cost of expense associated with public notices or notifications required pursuantto the City of Millington, Tennessee-AirPollution Control Code or the Federal CleanAirAct 

### Section 18. Thatthe following shaii be adopted as Title 20, Chapter 1, Section 20-1(16) and shall be titled Perrnjts and Fees Reporting Beqnjremepcy' (a) Except as provided below, each pennitted 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. This report will be for the emissions ofthat source that occurred during the calendar year starting in 1991 and continuing for succeeding years thereafter. The Departmentmay request, and the air pollution source 

### shall provide, additional information on the emissions data submitted 

### when the Department determines, the datapreviously provided is inadequate to establish the actual type or amount ofemissions from «t 

### the source subjectto fees. (b) Not including air toxics as they are defined in the Clean Air Act Amendments of 1990 and the amendments thereto, ifthe 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 permittedpollutantlevels where available and known. If the source is a "major source" under 

### the air taxies 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 shall be consideredfailure to paythe fees.



### 13

### Section 19. That the following shall be adopted as Title 20, Chapter I, Section 20-1(17) and shall be titled Permits and Fees Small Business Wajver· The Director ofthe Department, in his discretion but consistent with Section 507 (f) ofthe Clean AirActAmendments of 1990, may, upon written petition setting forth in detail !hejustification 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 orregulations promulgated pursuant thereto. A decision to deny the waiver maybe appealed to the Local AirPollution Control Boardby thepartyrequesting the waiver and will be heardunder the same procedures as any o1her decision 1hatis appealedto this Board. 

### Ifa waiveris granted, it willbe 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 axbitrary fashion. Such action will have no effect on prioryears emissions fees and will only applyto the collection offuture emissions fees. 

### Section 20. That the following shall be adopted as Title 20, Chapter 1, Section 20-1(18) and shall be titled Permjts and Fees Surplus Funds Carey Forward· Any surplus inemissions fee fimds shall be caniedforward fromyear 

### to yearfor 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) mon1hs fee, a ten percent (10 %) perton credit on the established emissions fee amount shall be given to all stationary sources inthe nextemissions fee payment 

### Section 21. That the following shall be adopted as Title 20, Chapter 1, Section 20-1(19) and shall be titled Permits and

**Fee.~** PenaltyProvisions: Failure to pay the fees set forth in this Air Pollution Control Code shall be a violation ofthe City ofMillington, Tennessee-AirPollution Control Code and canresultin the assessment of penalties and injunction against 1he stationary airpollution source. Inaddition to any fees owed, a maximum penalty equal to fifty percent (S 0%) ofthe fees owedmay 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. A:n.y uncontested fee amount 

### must be paid by the due date for payment Due process for contested amounts is provided by appeal under the administrative and judicial review provisions of the City of Millington, Tennessee-AirPollution Control Code for appeal ofdecisions ofthe Health Officer. 

### Section 22. That the following shall be adopted as Title 20, Chapter 1, Section 20-1(20) and shall be titled Permits and 

### Fees- Agonal Reyjew of

### Fee StrnthJre and Flnapcja! Need: The Memphis-Shelby County Air Pollution Control Board shall annually review 1he fee structure established for the local airpollution control program and recommend to the Shelby County Co=issionany change in rate ormake-up of the fee itdetemrincs, afterpublic hearing, is necessaryto meetthe financial rcqujrcments 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 ofotherfunds available to 1he programincluding 

### surplus or canyforward funds as well as changes in state or federal laws 1hat could effect the program. The recommendation shall be provided to the commission no later than April 1 ofeach year. The county co=ission shall not, however, be required to adopt this recommendation, nor to change fees on any prcdetcimincd schedule. 

### Ifthe Shelby County Commission adopts a change in the rate or makeup ofthe fee, that adoption shall be provided to the Millington Board ofMayor and Aldermen for adoptionpriorto collection ofchanged emission fees bythe Memphis-Shelby CountyHealth Department. 

### Section 23. That the following shall be adopted as Title 20, Chapter 1, Section 20-1(21) and shall be titled Regulatinp ofParticulateMatterfrom Inciperatnrs: (a) No person shall cause, suffer, allow or permit the emissions from any incinerator havmg 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 incineratorhaving a charging rate greater 

### than 2,000 pounds 

### per hour, fly ash or o1herparticulate 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 incineratorwhich are individuallylarge enoughto be visible while suspendedto the atmosphere. Ill (d) No person shall construct, install, use or cause to be used any incinerator which 

### will result in odors being detectableby sense ofsmell in any area ofhumanuse or occupancy. (e) No person shall 

### install or construct an incinerator to be used for disposal ofcombusbble waste from dwelling units ifsuch incinerator is to be used to burn such wastes produced by fewer than twenty-five (25) dwelling units.



### 14(f) No person shall use or cause to be used any incineratortmless 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 :fumace volume or less used solely for the disposal ofinfective dressings and other similarmaterial shall notbe required to meetthese emission standards. (h) No person shall cause, 

### suffer, allow, or p=it to be discharged into the atmosphere from any incinerator, visible emissions with an opacity in excess oftwenty percent (20%). 

### Section 24. That the following shall be adopted as Title 20, Chapter 1, Section 20-1(22) and shall be titled BightofEntry· For the purpose ofcarrying outthe requirements ofthe City ofMillington, Tennessee--AirPollution Control Code, the Health Officer and his authorized representatives, including engineers, 

### assistants, environmentalists and other employees, shall be p=ittedat 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 andtherein. 

### Section 25. That Rllles and Regulations ofTeonessee Chapters1 1200-3-2, titled Definitions; 1200-3-3, titled Ambient Air Quality Regulations; 1200-3-5, titled Visible Emissions; 1200-3-6, titled Nonpmcess Emission Standards; 1200-3-7, titled Prcmess Emissions Standards; 1200-3-9, titled Omstmction and Operating Permits; Chapter 1200-3-10, titledRcqnired Sampling Recording andRqlDrting; 1200-3-11, titledHazardOJ!s AirCnniBmjnants; 1200-3- 12, titled Mctbods ofSampling and Analysis; 1200-3-14, titled Omtrol ofSulphurDioxide Emissions; Chapter 1200-3- 15, titled Emergency Episode Plan· Chapter 1200-3-16, titled 

### New Sourr.e Pc:rfurmance Standards; 1200-3-18, titled Volatile Organic Compmmds; 1200-3-20, titled T jmjm on Emissions due tn Malfhnctians Stamzps and Sbntdmvns; 1200-3-21, titled General Alternate Emission Standards; 1200-3-22, titled I .ead Emission Standards; 1200-3-24, titled CTOod Engineering Practices 

### St•clc Height Regnlatinns; 1200-3-25, titled Standards for Tnf.,ctimJs 

### Waste Tncincrntors; 1200-3-30, titled Acid Precipitation Standard; 1200-3-31, titled National Emission Standards for Hmordons Air Pollutants fnrSrnrrcc 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 Omfnrmity, as effective on November 14, 2001; and, the New Source Performance Standards (with the exception ofSubparts B, C, Cb, Cc, Cd, Ce, AAA) and Appendices A, BandF ofthe Code ofFederal Regulations (CFR), Title 40, Part 60 (Revised as ofJuly 1, 2001), are incorporated herein by reference as ifset outin their entirety and shall be adopted and approved as part ofthe City of Millington, Tennessee-Air Pollution Control Code, thereby amending the City of Millington, Tennessee-Air Pollution Control Code. Sectionnomenclature is identified in accordance with the following table.
Millington

Code State Federal ZS:omenclatur.e Br:gnl1tloas BegnlatloDs !ltJ.c 20-1(102) 1200-3- 2 Definitions 20-1(103) 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 ConstructionandOperating P=its 20-1(110) 1200-3-10 ·Required Sampling, Recording and Reporting 20-1(111) 1200-3-11 Hazardous 

### Air Contaminants 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 40CFR60 New Source Performance Standards
IS defined abo"" 20-1(118) 1200-3-18 Volatile Organic Compounds 20-1(120) 1200-3-20 Limits onEmissions due to Malfunctions, Stlrtups & Shutdowns 20-1(121) 1200-3-21 General Alternate Emission Standards 20-1(122) 1200-3-22 LeadEmission Standards 20-1(124) 1200-3-24 GoodEngineering Practice StackHeightRegulations 20-1(125) 1200-3-25 Standards forInfectious Waste Incinerators 20-1(130) 1200-3-30 Acid Precipitation Standard 20-1(131) 1200-3-31 NationalEmission Standards forHazardous AirPollutants for Source Categories

.20-1(132) 1200-3-32 Prevention·ofAccidental Releases 20-1(134) 1200-3-34 

# --- Confon:nity 0 

### Section 26. That the City ofMillington, Tennessee-Air Pollution Control Code, Section 20-1{102), DEFINITIONS, be amended by adding at the 

### end ofthe section the following definitions for "Health Officer'' and "Odor" thatread as follows: Health Officer is the Health Officer for Memphis and Shelby County. !ldmis a sensation ofsmell perceived as aresult ofolfactory stimulation. Anodor is deemed objectionable, and therefore anuisance, when one third (113) ormore ofa sample ofpersons exposedto itbelieve itto be 

### 15objectionable inusual places ofoccupancy. The sample size is to be atleasttwenty-five (25) persons, or when fewer than twenty-five (25) are exposed, one half(1/2) mnstbelieve itto be objectionable. 

### Section 27. That the City of

### Millington, Tennessee

- Air Pollution Control Code, Section 20-1(109), Reference 1200-3-9, CONSTRUCTION AND OPERATING PERMITS, be amended by deleting inits entirety item 1200-3-9-.02(1l)(b)I4.(ii)(XXVII) and substituting in lieu thereofa new item 1200-3-9-.02(ll)(b)l4.(ii)(XXVII) so thatitreads as follows: (XXVU)Any other stationary source category, which 

### as of August 7, 1980 is beingregulated under section Ill or 112 ofthe Act; 

### Section 28. That the City ofMillington, 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 . I 1 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 

### Section 29. SEVERABILI1Y. The provisions of this ordinance 

### are hereby declared to be severable. Should any ofthese sections, provisions, sentences, clauses, phrases, words, or parts beheld unconstitutional

orvoid, the remaining portions shall continue infull force and effect 

### Section 30. BEITFURTHERORDAINED THATexcept

### as amendedby this 

### Ordinance, the City of

### Millington, Tennessee-AirPollution Control Code 

### shall remain infull force and effect 

### as previously adopted 

### as to anyviolation that occurred prior 

### to the effective date ofthis ordinance. 

### Section 31. BE IT FURTHER ORDAINED THAT one (1) copy ofthe ordinance hereby adopted shall be available forpublic inspection 

### in the office ofthe Clerkofthe City ofMillington. 

### Section 32. BE IT FURTIIER ORDAINED THAT this ordinance shall take effect from and afterits passage on third and fioal reading. PASSEDFlRSTREADING October 7. 2002 PASSED SECOND READING 

### November 4, 2002 PASSED 

### 'ImRD READING 

### November 12, 2002

PUB

.IJC :l

. G



# No**. vemb**  **er 4,**  **02** •



### Cl1YCLERK._~~ **~M!{** MAYOR

**~~~ ~n**  **~~L--- ----** 

1NOTE: RULES INCORPORATEDBYREFERENCE HEREIN HAVE BI!I!NFILEDINTimOFFICE OFTimCLERKOFTim COUNTY COMMISSIONASREQUIRED BYT.C.A. §68-201-11S.



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