LOWS: 

CASE NO.: Z 02-1.20 

CASE NUMBER: Z 02-1.20 

LOCATION: North and south sides of 

Jefferson Avenue; west to Orleans 

Street 

APPLICANT: Scott-Neely-Fields 

REPRESENTATIVE: Scott Blake 

EXISTING ZONING: Central Business 

(CBD) & Highway Commercial (C·H) 

Districts 

REQUEST: Central Business (CBD) 

District 

AREA: Parcell 15,900 sq. ft. 

Parcel 2 20,184 sq. ft. 

Parcel 3 14,348 sq. ft. 

NOW, THEREFORE, you will take 

notice that on Tuesday, the 12th day 

of Nov., 2002, at 3:30p.m. the Council of the City of Memphis will be in 

session at the City Hall to hear remonstrances or protests against the making of such Amendment. Such remonstrances or protests may be by personal appearance, or by attorneys, or 

by petition, and then and there you will 

be present if you wish to remonstrate 

or protest against the same. 

ATTEST: 

RICKEY W. PEETE 

CHAIRMAN OF COUNCIL 

REBECCA KISSINGER 

CITY COMPTROLLER 

Oct.9,10, 11,2002 5104 

NOTICE TO INTERESTED OWNERS 

! OF PROPERTY 

~ (PLANNED UNIT DEVELOPMENT) 

. You will t.ake notice that a. public 

hearing will be held by the Board of 

County Commissioners of Shelby 

~ County, Tennessee, meeting in session In the Commission Chambers, 

160 North Main Street, Memphis, Tennessee, 38103, on Monday, Oct. 21, 

2002 at 1:30 p.m., in the matter of 

granting an application for a Planned 

Development, pursuant to Section 14 

of the Memphis and Shelby County 

1 Ordinance-Regulations adopted by the 

City Council of the City of Memphis on 

October 7, 1980, applying to all unincorporated territory in Shelby County, 

Tennessee, outside of but within five 

miles ofthe corporate limits of the City 

of Memphis, Tennessee, by which it is 

1 sought to approve the following Planned 

Development: 

' CASE NO.: P.O. 00-332 CC 

LOCATION: East side of Riverdale Road; 

+395.66 feet north of Holmes Road 

• OWNER .OF. RECORD/APPLICANT: 

Hyrieman-Bronze, LLC 

PROPERTY SIZE: 1.06 acres 

EXISTING ZONING: Multiple Dwelling 

Residential (R-ML) District 

REQUEST: The request is to amendment P.O. 99-354CCto allowfora"Car 

Wash" use. 

RECOMMENDATIONS: 

Memphis and Shelby County Office of 

Planning and Development: Approval 

with Conditions 

OWNER OF RECORD: Martha H. 

Fogelman, Trustee 

REQUESTING: To rezone approximately 

one (1) acre in the Townhouse Residential (R·TH) District to the Planned Commercial (C-P) District 

PROPERTY LOCATION: Southeast corner of Whitten Road and Macon Road 

RECOMMENDATIONS: 

Memphis and Shelby County Office of 

Planning and Development: 

Approval with Conditions 

Memphis and Shelby County Land Use 

Control Board: 

Approval with Conditions 

NOW, THEREFORE, you will take 

notice that on Monday, Oct. 21, 2002 

at 1:30 p.m. the Board of County Commissioners will be in session at the 

Commission Chambers, 160 North 

Main Street, Memphis, Tennessee, to 

hear remonstrances or protests against 

the making of such changes; such remonstrances or protests must be by 

personal appearances, or by attorneys, 

or by petition, and then and there you 

will be present if you wish to remonstrate or protest against the same. 

P.O. #30518 

Oct. 11, 2002 5324 

NOTICE TO INTERESTED OWNERS 

OF PROPERTY 

(ZONING AMENDMENT) 

You will take notice that a public 

hearing will be held by the Board of 

County Commissioners of Shelby 

County, Tennessee, meeting in session in the Commission Chambers, 

160 North Main Street, Memphis, Tennessee, 38103, on Monday, Oct. 21, 

2002 at 1:30 p.m., in the matter of 

changing and amending the Joint Memphis and Shelby County Zoning Ordinance-Resolution adopted by the Shelby 

County Board of Commissioners on 

October 6, 1980, applying to all unincorporated territory in Shelby County, 

Tennessee, outside of but within five 

miles of the corporate limits ofthe City 

of Memphis, Tennessee, by which is 

sought to change and amend the Zoning District Map or Zoning Regulations 

made a part of said Joint OrdinanceResolution as follows: 

CASE NO.: Z 02-118 CC 

OWNER OF RECORD: Ben Brady, Jr. 

EQUITABLE OWNER/APPLICANT: 

Coley Place Joint Venture 

EXISTING ZONI~G: Single Family Residential (Rs-8) District 

REQUESTING: Single. Family Residential (Rs-6) District 

PROPERTY LOCATION: Northwest corner of Bridgewater Road and Baptist 

Church Road 

RECOMMENDATIONS: 

Memphis and Shelby County Office of 

Planning and Development: 

Approval 

Memphis and Shelby County Land Use 

Control Board: 

Approval 

City of Memphis Alcohol Commission 

Oct. 11, 2002 . 5352 

NOTICE 

The following is an Ordinance 

passed by the Shelby County Board of 

Commissioners on September9, 2002, 

and shall take effect from and after the 

date it shall have been enacted accord· 

ing to due process of law, the public 

welfare requiring same. 

ORDINANCE NO • .2§.Q 

ORDINANCE BY THE BOARD OF 

COMMISSIONERS FOR SHELBY 

COUNTY, TENNESSEE, TO AMEND 

THE SHELBY COUNTY AIR CODE 

TO RETAIN THE SAME ANNUAL 

EMISSION FEE AMOUNT FOR CAL· 

EN DAR YEAR 2001; AND, BY PROVIDING FOR REVISIONS FOR PENALTIES FOR NONCOMPLIANCE; 

VARIANCES; OPEN BURNING; 

VOLATILE ORGANIC COMPOUNDS; 

HEARINGS; TO ADD A NEW RULE 

AUTHORIZING RIGHT OF ENTRY; A 

NEW RULE FOR EMERGENCY EPI· 

SO DES; AND A NEW RULE FOR THE 

CONFORMITY OF MOBILE SOURCE 

EMISSIONS WITH AIR QUALITY 

PLANS. 

WHEREAS, It Is the declared 

public policy of Shelby County to main· 

tain purity of the air resources of the 

community consistent with the protection of normal health, general welfare 

and physical property of the people, 

maximum employment and the full in· 

dustrlal 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 

Shelby County to qualify for receipt of 

federal funds available for air pollution 

control programs and to that end, this 

ordinance shall be construed to give 

the authority to so qualify and maintain 

such qualification; and 

WHEREAS, Local regulation 

of air quality is the most efficlen.t 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 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, Title V of the 

See Notices, Page 20 
Page20 

..,.Notices 

continuedfrompage 19 

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 of such a program; and 

WHEREAS, The Board of 

County Commissioners for Shelby 

County 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 of 

Shelby County; and 

WHEREAS, The Board of 

County Commissioners wishes to retain the same annual $29.65 per ton 

emission fee without Consumer Price 

Index adjustment for calendar year 

2001; and 

WHEREAS, Tennessee Code 

Annotated ·§ 68-201-115(8) 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 property Identified as to date 

and source, and when at least three (3) 

copies of such •regulations which are 

incorporated by reference are filed In 

the office of the county clerk for public 

use, inspection and examination for a 

period of thirty (30) days before adoption of the ordinance or resolution incorporating regulations by reference; 

and · 

WHEREAS, The Clerk of the 

County Commission has caused to be 

published In a newspaper having general circulation In Shelby County, Tennessee, notice of the availability for 

public use, inspection and examination 

at the office of the Shelby County Clerk 

of three (3) copies of *federal and 

State regulations to be incorporated by 

reference for a period ofthirty (30) days 

before adoption of the ordinance or 

resolution incorporating regulations by 

reference and notice that the date of 

the Second Reading of this ordinance 

scheduled for June 17, 2002, is the 

date of public hearing on adoption of 

such ordinance; and 

WHEREAS, Shelby County 

has enacted air pollution control regulations not less stringent than standards adopted by the state pursuant to 

Chapter 68-201, Part 1; of the Tennessee Code Annotated; and 

WHEREAS, Such ordinance 

or resolution incorporating regulations 

by reference shall become effective 

only after publication in a newspaper 

having a general circulation In the 

county; and 

WHEREAS, Maintaining up 

to date technical standards promulgated by the Tennessee Department of 

Environment and Conservation (Tennessee) for the control of air pollution 

prevents the need for state control of 

Shelby County air pollution sources 

subject to these controls, specifically 

those provisions found in the Rules 

and Regulations of Tennessee Chapter 

1200-~~· tit~_ed_ qet!~itjon~;- C~a~~:r 

of Subparts B, C, Cb, Cc, Cd, Ce, AAA) 

and Appendices A, B and F of the Code 

of Federal Regulations (CFR), Trtle 40, 

Part 60 (Revised as of July 1, 2001) 

except for the authorities therein retained by the Administrator and not 

transferred to a State. 

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 

COMMISSIONERS OF SHELBY COUNTY, 

TENNESSEE: 

SECTION 1. That the Shelby 

County Air Code, Section 3-3. PENALnES-MISDEMEANOR, CIVIL, AND NONCOMPLIANCE, be amended by deleting 

in its entirety Section 3-3 and substituting in lieu thereof a new Section 3-3. 

PENALTIES FOR NONCOMPLIANCE to 

read as follows: [Note: Updated to 

track T.C.A. §68-201-112 and §68-

201-116) 

Section 3-3. PENAL TIES FOR 

. NONCOMPLIANCE 

(a) Failure to comply with any of 

the provisions of the Shelby County Air 

Code or Chapter 14.5 of the Code of 

Shelby County shall constitute a violation thereof and shall subject the person or persons responsible therefore 

to any and all of the penalties provided 

by law. 

(b) The Memphis and 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 falls to comply 

with any provision of the 

. Shelby County Air Code or of 

Chapter 14.5 of the Code of 

Shelby County, any board or 

administrative order or any 

permit condition; 

(2) Makes any false material 

statement, representation, 

or certification In any record, 

report, plan or other document required by permit to 

be either filed or maintained; 

(3) Falsifies, tampers with, renders Inaccurate or fails to 

install any monitoring device 

or method required to be 

maintained or followed; or 

(4) Falls to pay a fee commits a 

Class C misdemeanor pursuantto the Tennessee Code 

Annotated with the fine not 

to exceed ten thousand dollars ($10,000.00) 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 

indictment arising under 

Section 3-3(b) shall be issued except upon application, authorized In writing, by 

the Health Officer on behalf 

ofthe local air pollution control program operating under a certificate of exemption pursuant to T.C.A. §68-

201-115, for a violation 

within its jurisdiction. 

(c) Willful and knowing violation of any 

provision of the Shelby County Air Code -·- -A _._ __ .., __ .. A ~ -4 •"""- lf"'t.,.,~-. -~ 

THE DAILY NEWS, MEMPHIS 

sent by certified mall, return receipt 

requested. The recipient of such an 

order may appeal in the same manner as with an assessment of damages or civil penalty under subsection 

(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 Shelby County 

Air Code or of Chapter 14.5 of the 

Code of Shelby County or any standard adopted pursuant thereto in a 

permit, shall be subject to a civil 

penalty of up to twenty-five thousand 

dollars ($25,000.00) per day for each 

day of violation. Any person against 

whom an assessment in excess of 

ten thousand dollars ($10,000.00) 

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 of the assessment under the 

provisions of T.C.A. §68-201-116. 

The Technical SecretarY shall render 

an initial determination, and that Initial determination may be appealed 

to the Tennessee Air Pollution Control Board pursuant to this section. 

Each day such violation continues 

constitutes a separate punishable 

offense, and such person shall also 

be liable for any damages to the 

municipality resulting therefrom. 

(b) Any civil penalty or·damages 

shall be assessed in the following 

manner: 

1. The Health Officer on behalf 

of Shelby County operating under a 

certificate of exemption pursuant to 

T.C.A. §68-201-115 may issue an 

assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified 

mail, return receipt requested; 

2. Any person against whom an 

assessment has been issued may 

appeal the assessment by filing a 

petition for review with the Health 

Officer, or with the Technical SecretarY, of an assessment in excess of 

$10,000 for each violation, within 

thirty (30) days after receipt of the 

assessment, setting forth the grounds 

and reasons for such person's objections and requesting a hearing on the 

matter; and 

3. If a petition for review of the 

assessment Is not filed within thirty 

(30) days after the date the assessment is served, the violator shall be 

deemed to have consented to the 

assessment and It shall become fl. 

nal. 

(c) In assessing such civil penalty, the factors specified in T.C.A. 

§68-201-106 and ntte 42 u.s.c. 

§7 413 and §7 420 may be considered. Damages to the state or to 

Shelby County 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 . 

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Pag.e 20 

..,.Notices 

continued from page 19 

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 

sufficientto fund the direct and Indirect 

costs of such a program; and 

WHEREAS, The Board of 

County Commissioners for Shelby 

County 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 of 

Shelby County; and 

WHEREAS, The Board of 

County Commissioners wishes to retain the same annual $29.65 per ton 

emission fee without Consumer Price 

Index adjustment for calendar year 

2001;and 

WHEREAS, Tennessee Code 

Annotated § 6~201-115(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 properly identified as to date 

and source, and when at least three (3) 

copies of such •regulatio'Ms which are 

incorporated by reference are filed in 

the office of the county clerk for public 

use, inspection and examination for a 

period of thirty (30) days before adoption of the ordinance or resolution incorporating regulations by reference; 

and 

WHEREAS, The Clerk of the 

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of Subparts B, C, Cb, Cc, Cd, Ce, AAA) 

and Appendices A, Band F of the Code 

of Federal Regulations (CFR), Title 40, · 

Part 60 (Revised as of July 1, 2001) 

except for the .authorities therein retained by the Administrator and not 

transferred to a State. 

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 

COMMISSIONERS OF SHELBY COUNTY, 

TENNESSEE: 

SECTION 1. Thatthe Shelby 

County Air Code, Section 3-3. PENALTIES- MISDEMEANOR, CIVIL, AND NONCOMPLIANCE, be amended by deleting 

in its entirety Section 3-3 and substituting in lieu thereof a new Section 3-3. 

PENAL TIES FOR NONCOMPLIANCE to 

read as follows: [Note: Updated to 

track T.C.A. §6~201-112 and §6~ 

201-116] 

Section 3-3. PEN!>-LTIES FOR 

NONCOMPLIANCE 

(a) Failure to comply with any of 

the provisions ofthe Shelby County Air 

Code or Chapter 14.5 of the Code of 

Shelby County shall constitute a violation thereof and shall subject the person or persons responsible therefore 

to any and all of the penalties provided 

bylaw. 

(b) The Memphis and 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 falls to comply 

with any provision of the 

Shelby County Air Code or of 

Chapter 14.5 of the Code of 

Shelby County, any board or --· --·-·-·--... ·- ·- __ ... __ -- --·· 

fHIE DAlL '( NEWS, M~MPH S 

sent by certified mail, return receipt 

requested. The recipient of such an 

order may appeal In the same manner as with an assessment of damages or civil penalty under subsection 

(2). 

(2) (a) In addition to the 

criminal penalties in this section, any 

person who violates or fails to comply 

with any provision ofthe Shelby County 

Air Code or of Chapter 14.5 of the 

Code of Shelby County or any standard adopted pursuant thereto in a 

permit. shall be subject to a civil 

penalty of up to twenty-five thousand 

dollars ($25,000.00) per day for each 

day of violation. Any person against 

whom an assessment in excess of 

ten thousand dollars ($10,000.00) 

for each violation has bee111ssued by 

a local pollution control program pursuant to this section may petition the 

Technical Secretary for de nov'o review of the assessment under the 

provisions of T.C.A. §6~201-116. 

The Technical Secretary shall render 

an initial determination, and that initial determination may be appealed 

to the Tennessee Air Pollution Control Board pursuant to this section. 

Each day such violation continues 

constitutes a separate punishable 

offense, and such person shall also 

be liable for any damages to the 

municipality resulting therefrom. 

(b) Any civil penalty or damages 

shall be assessed in the following 

manner: 

1. The Health Officer on behalf 

of Shelby County operating under a 

certificate of exemption pursuant to 

T.C.A. §6~201-115 may issue an 

assessment against any person re- - - --- ~L 1 -.. .,,.... +ho u ll"\l C~tl4"\n ,.,.~ riS:IIIr"'l''-

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THE DAILY NEWS, MEMPHIS 

sent by certified mail, return receipt 

requested. The recipient of such an 

order may appeal in the same manner as with an assessment of damages or civil penalty under subsection 

(2). 

(2) (a) In addition to the 

criminal penalties in this section, any 

person who violates or fails to comply 

with any provision ofthe Shelby County 

Air Code or of Chapter 14.5 of the 

Code of Shelby County or any standard adopted pursuant thereto in a 

permit, shall be subject to a civil 

penalty of up to twenty-five thousand 

dollars($25,000.00)perdayforeach 

day of violation. Any person against 

whom an assessment in excess of 

ten thousand dollars ($10,000.00) 

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 of the assessment under the 

provisions of T.C.A. §68-201-116. 

The Technical Secretary shall render 

an initial determination, and that Initial determination may be appealed 

to the Tennessee Air Pollution Control Board pursuant to this section. 

Each day such violation continues 

constitutes a separate punishable 

offense, and such person shall also 

be liable for any damages to the 

municipality resulting therefrom. 

(b) Any civil penalty or damages 

shall be assessed in the following 

manner: 

1. The Health Officer on behalf 

of Shelby County operating under a 

certificate of exemption pursuant to 

T.C.A. §68-201-115 may Issue an 

assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified 

mail, return receipt requested; 

2. Any person against whom an 

assessment has been issued may 

appeal the assessment by filing a 

petition for review with the Health 

Officer, or with the Technical Secretary, of an assessment In excess of 

$10,000 for each violation, within 

thirty (30) days after receipt of the 

assessment, setting forth the grounds 

and reasons for such person's objections and requesting a hearing on the 

matter; and 

3. If a petition for review of the 

assessment is not filed within thirty 

(30) days after the date the assessment Is served, the violator shall be 

deemed to have consented to the 

assessment and it 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. 

§7 413 and §7 420 may be considered. Damages to the state or to 

Shelby County 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 of financial Inability to prevent, 

tions as those recited therein. Such 

judgment shalf 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 subdivision (e)2., any citizen of Shelby County 

shall have the right to intervene on 

the ground that the penalties or remedies provided are inadequate or are 

based on erroneous findings offacts. 

Upon receipt of a timely motion to 

intervene, the court shalf 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 

of the final order or assessment, and ! 

the court shall proceed In accordance 

with T.C.A. §4-5-322. If no timely 

motion to intervene is filed, or if any 

such motion is determined to be duplicitous or frivolous, the judgment 

shalf become final forty-five (45) days 

after the date of entry. 

4. A final judgment under this 

subsection has the same effect, Is 

subject to the same procedures, and 

may be enforced or satisfied In the 

same manner, as any other judgment 

of a court of record of this state. 

SECTION 2. That the Shelby 

County Air Code, Section 3-5, Reference 1200.3-9, CONSTRUCTION AND 

OPERATING PERMITS, be !)mended 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)14.(1i)(XXVII) so that it reads 

as follows: 

(XXVII) Any other stationary source 

category, which as of August 7, 1980 is 

being regulated under section 111 or 

112 of the Act. 

SECTION 3. Thatthe Shelby 

County Air Code, Section 3-10, VARIANCES, be amended by deleting in its 

entirety Section 3-10 and substituting 

in lieu thereof a new Section 3-10, 

VARIANCES, to read as follows: 

(a) Any person who owns or is in 

control of any plant, building, structure, , 

establishment, process or equipment 

including a group of persons 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 

~uallty, 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 of evidence as set forth in Section 

3-35(f) of the Shelby County Air 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 of a variance would 

not endanger or tend to endanger . ~ .. ~ ~- ---= 

Friday, October 11, 2002 

mitted 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 com pi lance with the 

particular requirement or requirements from which variance is sought 

will necessitate the taking of measures which, because of their extent or cost, must be spread over a 

considerable period oftime, 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. A variance 

granted on the ground specified 

herein shall contain a timetable for 

the taking of action in an expeditious manner and shall be conditioned on adherence to such timetable and submittal of proof that 

such timetable is being met. 

3. Any variance or renewal 

granted shall be for a time period 

not to exceed one (I) year. 

(d) Any variance granted pursuant to this section may be renewed 

by the Air Pollution Control Hearing 

Board on terms and conditions and 

for periods which would be appropriate on initial granting of the variance following the same procedures 

required for issuance 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 shall give public 

notice of such application in accordance with rules and regulations of 

the Board. 

(e) A variance of 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 a!fllcte!1 by 

ttie i:teniar odhe terms' and 'i:'on'ditions of the granting of an application for a variance or renewal of a 

variance by the Board may obtain 

judicial review thereof only in a court 

of competent jurisdiction. 

(f) Nothing in this section and 

no variance or renewal granted pursuant hereto shall be construed to 

prevent or limit the appllcatiori of 

-the emergency provisions and procedures of Sections 3-4 and 3-14 

(Reference 1200-3-15) to any person or his property. 

SECTION 4. That the Shelby 

County Air Code, Section 3-13, RESERVED, be amended by deleting in 

its entirety Section 3-13 and substituting in lieu thereof a new Section 3-

13, RIGHT OF ENTRY, to read as 

follows: 

For the purpose of carrying out the 

requirements of the Shelby County Air 

Code and Section 14.5 ofthe Code of 
--,...-·o~O..,OV OVO \,II"' 'I'IVIU!o.TVt-1 VI "'"-''"' 

ages. 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 of the 

assessment, setting forth the grounds 

and reasons for such person's objections and requesting a hearing on the 

matter; and · 

3. If a petition for review of the 

assessment Is not filed within thirty 

(30) days after the date the assessment Is served, the violator shall be 

deemed to have consented to the 

assessment and it shall become fi. 

nal. 

(c) ln assessing such civil penalty, the factors specified in T.C.A. 

§68-201-106 and Title 42 U.S.C. 

§7 413 and §7 420 may be considered. Damages to the state or to 

Shelby County 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 of financial inability to prevent, 

abate or control pollution by the 

polluter or violator shall not be a 

valid defense to liability for violations ofthe provisions of the Shelby 

County Air Code or of Chapter 14.5 

of the Code of Shelby County. 

(d) The issuance of an order or 

assessment of civil penalty by 

Shelby County 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 the 

Tennessee Department of Environment and Conservation. 

(e) 1. Whenever any order or assessment under this section has become final, a notarized 

copy of the order or assessment 

may be filed in the office of the clerk 

of the chancery court of Shelby 

County if the final order or assessment Is from Shelby County. 

2. When filed in accordance with 

subdivision (e)1., a final order or 

assessment shall be considered as 

a judgment by consent of the parties on the same terms and condl10115 Ill"""'~ !o.ltQIOVI Q liOn 11.0111 4ti:.V\J"...,..;;;r' 

.02(11)(b)14.(ii)(XXVII) so that it reads 

as follows: 

(XXVII) Any other stationary source 

category, which as of August 7, 1980 Is 

being regulated under section 111 or 

112 of the Act. 

SECTION 3. That the Shelby 

County Air Code, Section 3-10, VARIANCES, be amended by deleting in its 

entirety Section 3-10 and substituting 

in lieu thereof a new Section 3-10, 

VARIANCES, to read as follows: 

(a) Any person who owns or Is In 

control of any plant, b.uildlng, structure, 

establishment, process or equipment 

including a group of persons 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 of evidence as set forth In Section 

3-35(f) of the Shelby County Air 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 of a variance would 

not endanger or tend to endanger 

human health, safety, or welfare, 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 of 

expected 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 of the applicant, 

other owners of property likely to be 

affected by the discharges, and others who may be affected by granting 

or denying a request for variance . 

(c) Any variance or renewal 

thereof shall be granted within the 

requirements of subsection (a) for 

time periods and under conditions 

~nsistent with the reasons therefore, and with the following limitattons: 

1. If the variance Is granted on 

the grounds that there is no practicable means known or available for 

the adequate prevention, abatement, or control ofthe air pollution 

involved, the variance shall be perI'C'II~YYOI ~11011 ut: 61CIIILCU CA.\iCfJt Ufl 

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 shall give public 

notice of such application in accordance with rules and regulations of 

the Board. 

(e) A variance of renewal shall 

not be a right of the applicant or 

holder thereof, but shall be in the 

discretion of the Board. However, 

any app!icant adversely affecteq by 

the denial oi' the terms' and i:bn'ditlons of the granting of an application for a variance or renewal of a 

variance by the Board may obtain 

judicial review thereof only in a court 

of competent jurisdiction. 

(f) Nothing in this section and 

no variance or renewal granted pursuant hereto shall be construed to 

prevent or limit the application of 

the emergency provisions and procedures of Sections 3-4 and 3-14 

(Reference 1200-3-15) to any person or his property. 

SECTION 4. That the Shelby 

County Air Code, Section 3-13, RESERVED, be amended by deleting In 

its entirety Section 3-13 and substl· 

tuting In lieu thereof a new Section 3-

13, RIGHT OF ENTRY, to read as 

follows: 

For the purpose of carrying out the 

requirements of the Shelby County Air 

Code and Section 14.5 of the Code of 

Shelby County, 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. 

SECTION 5. That *Chapter 

1200-3-15 ofthe Rules of Tennessee 

Division of Air Pollution, as effective 

on December 31, 2000, which is 

incorporated herein by reference as if 

setout in its entirety, shall be adopted 

and approved as part of the Shelby 

County Air Code which was adopted 

on June 30, 1969, and as amended, 

by the Board of County Commissioners, in accordance with T.C.A. §68-

201-115, and that the Shelby County 

Air Code, Section 3-14 RESERVED, 

be amended by deleting in its entirety 

Section 3-14 and substituting in lieu 

thereof a new Section 3-14 (Reference 1200-3-15) EMERGENCY EPISODE PLAN. 

SECTION 6. That the Shelby 

County Air Code, Section 3-16 OPEN 

BURNING, be amended by deleting in 

its entirety Section 3-16 and substituting in lieu thereof a new Section 3-

16 OPEN BURNING to read as fol-
Friday, October 11, 2002 

lows: [Note: this amendment adds 

definitions, air curtain destructor siting criteria, materials prohibited from 

burning and natural disaster exception in 1200-3-4 of the State rule.] 

Section 3-16. Open Burning 

(a) No person shall cause, suffer, allow or permit open burning of 

refuse, garbage, trade waste, trees, 

limbs, brush, or materials from salvage operations. The oJ)en burning of 

tires and other rubber products, vinyl 

shingles and siding, other plastics, 

asphalt shingles and other asphalt 

roofing materials, and/or asbestos 

containing materials is expressly prohibited, and such materials shall not 

be lawful in any open burning conducted under the provisions of Section 3-16. 

(b) · Open burning as listed below may be conducted without permit 

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 of firemen or for research 

in fire protection or prevention. However, routine demolition of structures 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 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 

.. a~~ ~M!~¥, c~untY, l;le.al!~ [)i:!part-

: :ir.ieBt(Qe~attm.entrWea$tten (fO) 

"'WoMilg"d!lyS: ~·rio/tO' \::briliilendng 

tlie burn: · 

(i) The open burning 

is being con(jucted solely for fire 

training purposes. 

(ii) All vinyl siding, carpet, vinyl flooring, asphalt roofing 

~t~~~~~~e1ti~~~~~~~tili~~e:1i~ -m~~6t[)7 ffa'JWbJ~ }~nf6Cea. ~o''' (iii) All regulated asbestos containing materials have been removed in accordance with Section 

3-25, Reference 1200-3-11-

.02(2)(d)3.(x). 

(iv) A traffic hazard will not be 

.. cause(j by the air contaminants gen-

;., ~*~g.l::!y.tn~ fir~ ira,lnihg; __ ... ·. Nl' '-·Apublic nuis·ante wnr·not be l"!rA.::.tAri kv the n·nAn h11rn;~,., 

(ii) The open burning site must 

be at least one thousand (1,000) 

feet from any school, national or 

state park, national reservation, national or state forest, wildlife area, 

and/or residence not on the same 

property as the air curtain destructor; and 

(iii) The open burning site must 

be at least one-half (1/2) 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 3-17, Reference 1200-3-5-.01(1); 

however, for certain materials the 

Department may allow one start-up 

period in excess of the standard, per 

day, not to 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 of combustion 

products will result. Priming materials used to facilitate such burning 

shall be limited to #1 or #2 grade fuel 

oils. 

(5) No fire shall be ignited while 

any air pollution emergency episode 

is in effect in the area ofthe 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) 

544-7489 or 544-7490 before igniting a fire to determine if it is a Burning 

Day or a No-Burning Day. 

(6) Approval is received from the 

Health Officer in writing. 

(7) . Permission is secured from 

the fire department intliejurisdietion •· Involved:'·· · · · •.··· ·· · ·· . -.,. ·. 

(8) The burning shall be done 

between th.e hours of 9:00 a.m. and 

4:00 p.m. or as authorized by the 

health officer. 

This approval shall not relieve the person responsible for such 

. burning from the consequences of any 

damages, injuries; or claims resulting 

;from such bUrning; '<df '·· · ''Definitions: · 

(1) 'Air Curtain Destructor' is a 

portable or stationary combustion device that directs a plane of high velocity forced draft air through a manifold 

head into a burn chamber with vertical walls in such a manner as to 

maintain a curtain of air over the 

·surface of the burn chamber and a 

req_irculating motiqn of _a!r under the ._,,_..,_:_ "TL....-. ,,_ ...... .-"# -·· _J._ -··--r ... 

THE DAILY NEWS, MEMPHIS 

be requested in determining qualification with this criteria. The provisions of this 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, if lawful, is encouraged. 

(ii) If a governmental collective 

burn 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 of the 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 of burning is 

encouraged. 

(iii) A traffic hazard will 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 of the burn. 

No fire shall be ignited during any 

exceedance of the National Ambient Air Quality Standard for ozone, 

oxides of nitrogen, carbon monoxide, or particulate matter. Contact 

the Department's Computerized 

Local Air Index Reporting system 

. (CLAIR) recorded line at (901) 544-

7 489 or 544-7 490 before igniting a 

fire to determine if it is a Burning 

Day or a No-Burning Day. 

(V) · Open burning conducted under this exception is only allowed 

where no other safe and/ or practical means of disposal is available. 

(2) The Health Officer reserves 

the right to require a person to cease 

or limit open burning if emissions 

from the fires are deemed by the 

Health Officer or his designee to jeopardize public health orwelfare, create 

a public nuisance or safety hazard, 

create a potential safety hazard, or 

interfere with the attainment or maintenance of the air quality standards. 

(3) Any exception to the open 

burning· prohibition granted by this 

Section does not relieve any person 

of the responsibility to obtain a permit required by any other agency, or of 

complying with other applicable re- ,.., ,; .. _....,_ ... +... .--~·- ----- ,.... .. 0"0 ....... 1 .... 

ll 

,, 

e 

3 

T 

i 
must be delivered to the Pollution 

Control Section of the Memphis 

~'lei. S_he!by C9unty _ Heal!h Departir.iefit(bepaltrheht)'atrea$iteh (to> :"wbrkirig~diys{ pri'o'r"tcr conihienclng 

the burn: 

(I) The open burning 

is being conducted solely for fire 

training purposes. 

(II) All vinyl siding, carpet, vinyl flooring, asphalt roofing 

Health Officer in writing. 

(7) Permission is secured from 

the ~re department in the jurisdiction 

involved.' · • ·· ·• , - . ·' 

(8) The burning shall be done 

between the hours of 9:00 a.m. and 

4:00 p.m. or as authorized by the 

health officer. 

This approval shall not relieve the person responsible for such 

burning from the consequences of any 

{l·&~~~~~~m~~~~~e~tili~~~~~ -'"3::r.staJ, lfa~Ert>Elen ~~m'bCea. , •. ! 

• damages, injuries, or claims resulting 1 ;from such burning .. '<df · '- --DefinitiO"hs'. · 

(iii) All regulated asbestos containing materials have been removed in accordance with Section 

3-25, Reference 1200-3-11-

.02(2)(d)3.(x). 

(iv) A traffic hazard will not be 

_ caused by the air contaminants gen-

,:Jrfo\~~(by_tfl~ firEl t~.il]ihg; ____ _ 

'·(~)-' · ·• A'public nuls'tmce wilr'not be 

created by the open burning. -. 

(3) Smokeless flares 

or safety flares for the combustion of 

waste gases provided other applicable sections of this Section are 

met. 

(4) Fires used for the 

reduction of leaves on the premises 

on which they fall by the person in 

control of the premises. 

(5) Fire used for carrying out recognized agricultural procedures necessary for the production 

or harvesting of crops or for the control of diseases 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)Exceptlons to subsection (a) may be 

permitted for vegetation if all of the 

following conditions are met when an 

air curtain destructor is used: 

(I) A request 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 burn. 

(2) The person applying for thA, 

permit certifies, by written statemenr. 

compliance with following distance 

requirements, at a minimum: 

(i) The open burning site must 

be at least five hundred (500) feet 

from any Federal and from any State 

highway; and 

(1) 'Air Curtain Destructor' is a 

i>ortable or stationary combustion device that directs a plane of high velocIty forced draft air through a manifold 

head into a burn chamber with vertical walls in such a manner as to 

maintain a curtain of air over the 

surface of the burn chamber and a 

re<:,irculating -motion of air under the ' 

curtain. 'The use of an•: air curt.aln 

destructor Is considered controlled 

open burning. 

(2) 'Air Pollution Emergency Episode' is defined as air pollution alerts, 

warnings, or emergencies declared 

by the Health Officer during adverse 

air dispersion conditions that may 

result in harm 'to public heath 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 or ice storms, 

flooding, and earthquakes. 

(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 a stack. 

(5) 'Person' is any Individual, 

partnership, co-partnership, firtn, company, corporation, association, joint 

stock company, trust, estate, political subdivision, an agency, authority, 

commission, or department of the 

United States government, or of the 

State of Tennessee government; or 

any other legal entity, or its legal 

representative, agent, or assigns. 

(e) Burning after natural disasters. 

(I) Open burning of 

materials resulting from a natural 

disaster, and when conducted in conformity with 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 

7 489 or 544-7 490 before igniting a 

fire to determine if it is a Burning 

Day or a No-Burning Day. 

(V) Open burning conducted under this exception Is only allowed 

where no other safe and/or practi· 

cal means of disposal is available. 

(2) The Health Officer reserves 

the right to require a person to cease 

or limit open burning if emissions 

from the fires are deemed by the 

Health Officer or his designee to jeopardize public health or welfare, create 

a public nuisance or safety hazard, 

create a potential safety hazard, or 

interfere with the attainment or maintenance of the air quality standards. 

(3) Any exception to the open 

burning· prohibition granted by this 

Section does not relieve any person 

of the 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 T.C.A. §39-14-306, which prohibits open air fires between October 15 

and May 15 within five hundred (500) 

feet of any forest, grasslands or wood· 

lands without first securing a permit 

from the State forester In unincorporated portions of ShelbY County.] 

SECTION 7. That the Shelby 

County Air Code, Section 3-22, Reference 1200-3-18-.79, VOLATILE ORGANIC COMPOUNDS, be amended by 

adding language to part 1200-3-18- , 

. 79(1)(e)2. so that it reads as follows: i 

2. Sources subject to sourcespecific standards approved in lieu of 

standards in Rules 11 through 77 of 

this chapter and sources subject to a 

National Emission Standard for Hazardous Air Pollutants (also called a 

MACT standard) that applies to all 

volatile organic compound emissions 

at the source; and 

SECTION 8. That *Chapter 

1200-3-34 ofthe Rules ofTennessee 

Division of Air Pollution, as effective 

on November 14, 2001, which is 

incorporated herein by reference as if 

setout in its entirety, shall be adopted 

and approved as part of the Shelby 

County Air Code which was adopted 

on June 30, 1969, and as amended, 

by the Board of County Commissioners, in accordance with T.C.A. §68-

201-115; and that the Shelby County 

Air Code, Section 3-26 RESERVED, 

be amended by deleting in its entirety 

Section 3-26 and substituting in lieu 

thereof a new Section 3-26 (Reference 1200-3-34) TRANSPORTATION 

CONFORMilY. ..- o 

SECTION 9. Thatthe Shelby A 

County Air Code, Section 3-35, CRE· F 

ATED; MEMBERSHIP; TERMS OF OF- s 

ACE; JURISDICTION HEARINGS; AP· , p 

PEALS, be amended by replacing ex- ~ tl 

!sting paragraphs (e) and (f) with new 1 ThE 
I 

iJ 

I 

)I 

~ 

~ l 

~ 

r 

.. 

THE DAILY NEWS, MEMPHIS 

be requested In determining qualification with this criteria. The provisions of this 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, if lawful, 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 of the proposed 

location. The notification must be 

delivered to the Department at least 

three (3) days prior to commencing 

the burn. The Department may request that alternate sites be identified to minimize Impact to air qualIty. The alternative use of chippers 

and grinders in lieu of burning is 

encouraged. 

(iii) A traffic hazard will not be 

caused by the aircontamlnants generated by the fire. 

(iv) No fire shall be ignited while 

any air pollution emergency episode 

is in effect in the area of the burn. 

No fire shall be ignited during any 

exceedance of the National Ambient Air Quality Standard for ozone, 

oxides of nitrogen, carbon monoxide, or particulate matter. Contact 

the Department's Computerized 

Local Air Index Reporting system 

(CLAIR) recorded line at (901) 544-

7 489 or 544-7 490 before igniting a 

fire to determine if it is a Burning 

Day or a No-Burning Day. 

(v) Open burning conducted under this exception is only allowed 

where no other safe and/or practical means of disposal Is available. 

(2) The Health Officer reserves 

the right to require a person to cease 

or limit open burning if emissions 

from the fires are dec~med by the 

Health Officer or his designee to jeopardize public health orwelfare, create 

a public nuisance or safety hazard, 

create a potential safety hazard, or 

interfere with the attainment or maintenance of the air quality standards. 

(3) Any exception to the open 

burning· prohibition granted by this 

Section does not relieve any person 

of the responsibility to obtain a permit required by any other agency, or of 

complying with other applicable reauirements. ordinances. or restr-icparagraphs (e) and (f) as follows: 

(e) Any person taking exception 

to and who is uniquely affected by 

any decision, ruling, requirement, 

rule, regulation, or order of the 

Health Director or by his failure to 

act within a reasonable 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 of such decisior), 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 

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 16-59, 'Emergency Order.' 

The Board, notmorethanthirty(30) 

days after the date of filing an appeal, shall seta date for the hearing 

not more than sixty (60) days after 

the date of filing of the appeal and 

shall give notice thereof by mail 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 ofthe hearing by public advertisement in a newspaper of general 

circulation in Shelby County, Tennessee giving the date, time, place 

and purpose of the hearing; and 

(2) The chairman of the Board 

shall act as the hearing examiner to 

conduct such hearing; and 

(3) Any person seeking a variance or any party who has filed a 

written notice of appeal pursuant to 

Section 3-35 or Section 3-5 [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 

fl .. t~anscribed aiJd 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 testimony. 

(5) After due consideration of 

the written and oral statements, 

the testimony and arguments submitted at the hearing upon such 

complaint, or, upon default in ap21 

emissions fee from those entities within 

Shelby County which operate stationary air pollutant sources required to 

make application on or after July 1, 

1992, to the Memphis and Shelby 

County Health Department for issuance, re-issuance or modification of a 

permit in accordance with the Shelby 

County Air Code and Chapter 14.5 of 

the Code of Shelby County, and shall be 

subject to the fee schedule set out In 

Section 14.5-37, Appendix B. 

SECTION 11. That the Code 

of Shelby County, Section 14.5-28, 

EMISSIONS FEE FOR STATIONARY 

SOURCES, APPENDIX A (EMISSION 

FEE RATE), paragraph a., show an 

annual emission fee of twenty-nine 

dollars and sixty-five cents ($29.65) 

per ton of actual emissions for calendar year 2001 emissions, which does 

not require changing the text of Section 14.5-28, Appendix A and which 

does not trigger the Consumer Price 

Index adjustment. This emissions fee 

rate will be noted in footnote 1 to 

Section 14.5-28, AppendixA 

SECTION 12. That the Code 

of Shelby County, Section 14.5-28, 

EMISSIONS FEE FOR STATIONARY 

SOURCES, be amended by replacing 

the word "has" in the first sentence 

ofthe Section 14.5-28 with the word 

"emits" so that the sentence shall 

read as follows: 

A fee shall be collected from each 

stationary air pollution source which 

emits more than one ton of actual 

emissions annually of a regulated pollutant as defined herein, called the 

'emissions fee', which shall equal the 

amount determined bythe requirements 

set forth in Appendix A of this article. 

SECTION 13. That *Rules 

and Regulations of Tennessee Chapters1 1200-3-2, titled Definitions; 

1200-3-3, titled Ambjent Air Oualjty 

Regylatjons; 1200-3-5, titled ~ 

Emjssjons; 1200-3-6, titled 

Nonprocess Emjssjon Standards; 

1200-3-7, titled Process Emjssjons 

Standards; 1200-3-9, titled Construction and Ooeratjng permjts; Chapter 

1200-3-10, titled Reqyjred Sampling. 

Recording and Reportjng; 1200-3-11, 

titled Hazardous Air Contamjnants; 

1200-3-12, titled Methods of Sampling and Analysjs; 1200-3-14, titled 

Control of Sulfur pjoxjde Emlssjons; 

Chapter 1200-3-15, titled Emergency 

Episode Plan: 1200-3-18, titled Y.ola: 

tile Organjc Compoynds; 1200-3-20, 

titled Limits on Emissjons dye to 

Malfunctions. Startyps and Shut-

~; 1200-3-21, titled General Alternate Emjssjon Standards; 1200-

3-22, titled Lead Emission Standards; 

1200-3-24, titled Good Engjneerjng 

practjces Stack Hejght Regylatjons; 

1200-3-25, titled Standards for lnfec-

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Local Air Index Reporting system 

(CLAIR) recorded line at (901) 544-

7 489 or 544-7 490 before igniting a 

fire to determine if it Is a Burning 

Day or a No-Burning Day. 

(V) Open burning conducted under this exception is only allowed 

where no other safe and/or practical means of disposal is available. 

(2) The Health Officer reserves 

the right to require a person to cease 

or limit open burning if emissions 

from the fires are deemed by the 

Health Officer or his designee to jeop. 

ardize public hee~lth or welfare, cree~te 

<1 public nuisance or safety haze~rd, 

cree~te a potential safety haze~rd, or 

interfere with the attainment or maintenance of the e~ir que~lity stande~rds. 

(3) Any exception to the open 

burning prohibition granted by this 

Section does not relieve any person 

of the responsibility to obtain Cl permit required by any other agency, or of 

complying with other appllce~ble requirements, ordinances, or restrictions. [Particule~r attention is directed 

to T.C.A. §39-14-306, which prohibits open e~ir fires between October15 · 

and May 15 within five hundred (500) 

feet of e~ny forest, grasslands or woodlands without first securing a permit 

from the State forester in unincorporated portions of Shelby County.] 

SECTION 7. That the Shelby 

County Air Code, Section 3-22, Reference 1200-3-18-.79, VOLATILE ORGANIC COMPOUNDS, be amended by 

e~dding le~ngue~ge to part 1200.3-18-

. 79(1)(e)2. so the~t it ree~ds as follows: 

2. Sources subject to sourcespecific ste~nde~rds approved In lieu of 

standards In Rules 11 through 77 of 

this chapter e~nd sources subject to a 

Nation<!l Emission Ste~nde~rd for He~ze~rdous Air Pollutants (also called a 

MACT stande~rd) that applies to all 

volatile organic compound emissions 

Cit the source; and 

SECTION 8. The~t *Che~pter 

1200.3-34 of the Rules ofTennessee 

Division of Air Pollution, as effective 

on November 14, 2001, which is 

incorporated herein by reference as if 

set out in its entirety; she~ll be e~dopted 

and e~pproved as part of the Shelby 

County Air Code which was e~dopted 

on June 30, 1969, and as amended, 

by the Board of County Commission-

. ers, in accordance with T.C.A. §68-

201-115; and the~t the Shelby County 

Air Code, Section 3-26 RESERVED, 

be amended by deleting in its entirety 

Section 3-26 and substituting in lieu 

thereof a new Sectiqn 3-26 (Reference 1200-3-34) TRANSPORTATION 

CONFORMITY. 

SECTION 9. Thatthe Shelby 

County Air Code, Section 3-35, CREATED; MEMBERSHIP; TERMS OF OFFICE; JURISDICTION HEARINGS; APPEALS, be amended by replacing existing paragraphs (e) and (f) with new 

-··-·· --~-- ···- --· ·- ~----

conduct such hearing; and 

(3) Any person seeking a variance or any party who has filed a 

written notice of appeal pursue~nt to 

Section 3-35 or Section 3-5 [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 

. t~anscribed 1!1Jd 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 testimony. 

(5) After due consideration of 

the written and oral. statements, 

the testimony and e~rguments submitted at the hearing upon such 

complaint, or, upon default in ap. 

· pearance of the respondent on the 

·return date specified in the formal 

notice of complaint, the Board shall 

Issue and enter such final order or 

make such final determination as It 

shall. deem appropriate not later 

i than sixty (60) days after the hearIng date, and shall immediately 

notifY the respondent thereof, In 

writing, by certified mail. Such order 

or determination shall be approved 

by at least a majority of members to 

which the Board Is entitled. 

(6) Upon failure of the Board to 

enter a final order or determination 

within sixty (60) days after the final 

argument of such hearing, the respondent shall be entitled to treat 

for all purposes such failure to act 

as a finding favorable to the respondent. 

(7) The burden of proof shall be 

on the Health Director or his duly 

authorized representative where 

appeal has been sought pursuant 

to Section 3-35 or Section 3-5. The 

burden of proof is on the applicant 

where a variance has been sought 

pursuant to Section 3-10, in accordance with T.C.A. §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 T.C.A. §27-9-101 et 

seq .. No judicial review shall .be 

available until and after all administrative remedies have been exhausted. 

SECTION 10. That the Code 

of Shelby County, Section 14.5-27, 

ALLOWABLE USES FOR EMISSIONS 

FEE, be amended by deleting the first 

sentence in Section 14.5-27 and replacing it with the following sentence 

that reads as follows: 

The Department shall collect an annual 

and Regulations ofTennessee Ctiap. 

ters1 .1200-3-2, titled Def!njtlons; 

1200.3-3, titled Ambient Ajr Quality 

Regulations; 1200.3-5, titled ~ 

Emjsslons; 1200-3-6, titled 

Nonprocess Emission Standards; 

1200.3-7, titled Process Emjssjons 

Standards; 1200.3-9, titled Construction e~nd Ooeratjng permits; Chapter 

1200.3-10, titled Regyjred Sampling, 

Becordjngand Reporting; 1200.3-11, 

titled Hazardous Ajr Contamjnants; 

1200-3-12, titled Methods of Sampling and Analysis: 1200.3-14, titled 

Control of Sulfur Dioxide Emissions: 

Chapter 1200.3-15, titled Emergency · 

Episode PlaQ' 1200.3-18, titled~ 

tile Organic Comogynds; 1200.3-20, 

titled Limjts on Emissions dye to 

Malfunctions, Startyps and Shut-

~; 1200.3-21, titled General Alternate Emjssjon Standards; 1200. 

3-22, titled Lead Emission Standards; 

1200.3-24, titled Good Engineering 

Practices Stack Hejght Regulatjons; 

1200-3-25, titled Standards for lnfec-· t!ous Waste Incinerators: 120Q-3-30, 

titled Acid Precjpjtation Standard; 

1200.3-31, titled National Emission 

Standards for Hazardous Air pollutants for Sciyrce Categorjes; and, 

1200.3-32, titled Prevention of Accidental Releases; T.C.A. §68-201-101 

through §68-201-118, as effective 

on December 31, 2000; Chapter 

1200.3-34, titled Conformitv, as effective on Noyember 14, 2001: and, 

the New Source Performance Standards (with the exception of Subparts 

B, C, Cb, Cc, Cd, Ce, AAA) and Appendices A, B and F of the Code of 

Federal Regulations (CFR), Title 40. 

Part 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 Shelby County Air Pollution Code, 

thereby amending the Shelby County 

Air Code. 

SECTION 14. SEVERABILITY. 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 In full force and effect. 

SECTION 15. BE IT FURTHER ORDAINED, That except as 

amended by this Ordinance, the 

Shelby County Air Code and Chapter 

14.5 of the Code of Shelby County 

shall remain in full force and effect as 

previously adopted. 

SECTION 16. BE IT FURTHER ORDAINED, Thatthis Ordinance 

shall take effect from and after the 

de~te it shall have been enacted according to due process of law, the 

public welfare requiring same." 

*NOTE: COPY OF RULES AND 

See Notices, Page 22 
age 22 

.. Notices 

mtinuedfrom page 21 

EGULATIONS OF TENNESSEE 

HAPTERS REFERRED TO HEREIN 

ILED WITH RECORD IN OFFICE 

F CLERK OF COUNTY COMMIS-

~ /S/ Walter L. Bailey, Jr. 

Chairman, County Commission 

/S/ A C Wharton, Jr . 

County Mayor 

Date September 15. 2002 

ATIEST: 

/S/ Carealine Tuggle 

Clerk of County Commission 

ARST READING: June 17, 2002 

SECOND READING: July 8, 2002 

ADOPTED 

THIRD READING: September 9, 2002 

P.O. #30517 

oa.11,20o2 5322 

THE DAILY NEWS, MEMPHIS 

RETAIL LIQUOR LICEN! 

Take notice that Ronald Deberry and Pheruth 

for a certificate of compliance and has or will a 

Beverage Commission at Nashville for a retail 

named P&R Uquors and to be located at 3551 Tc 

and owned by Pheruth Deberry, 3134 Golden Oal 

4604 Scottsdale Ave., Mphs, TN· Partnership. 

All persons wishing to be heard on the certific; 

or through counsel submit their views In writing 

Commission, not later than 9:30 10/16/02. 

The Tennessee Alcoholic Beverage Commis: 

at a date to be set by the Tennessee Alcoholic Be 

Tennessee. Interested persons may personally 

views In writing by the hearing date to be sche< 

· Map Crimes in YOUR Neighborhoodl 

~ www.memphi~dailynews.com 

Anyone with questions concerning this applic 

call or write the Alcoholic Beverage Commlssior 

300, Nashville, TN 37243-0755 615-741-160: 

Oct.9,10,11,2002 

Newcomers 

Nicole Koski, 1849 Winship Dr, 

:ordova TN 38016-1528 

Christopher A Shelly, 2805 Morning 

·race Dr 104, Cordova TN 38016-2478 

Douglas R Snlady, 7920 Ashlee 

·arm Rd 4, Cordova TN 38016-3777 

Heather B Oliver, 7961 Hemming 

Vood Rd 4, Cordova TN 38016-3812 

Tosha A Steed, 1415 Dexter Lake 

>r 104, Cordova TN 38016-5984 

Brandle L Hershey, 1325 VolleYball 

.n 280, Cordova TN 38016-8627 

Donna Johnson, 1423 Arlstides Ct 

!02, Cordova TN 38016-9106 

Matt R Baker, 1188 Grand Cypress 

';v, Collierville TN 38017.0000 

John Livingston, 10465 Aniston Wy. 

:ollierville TN 38017-3445 

Debra D Gilbert, 596 Arbor Hol1ow 

:r 208, Cordova TN 38018-3409 

Shana R Dwyer, 174 Scarborough 

.n 203, Cordova TN 38018-4865 

Kyle S Phelps, 8265 Sturbridge Wy. 

302, Cordova TN 38018-807 4 

Frankie Mendez Jr, 7969 Harrold 

3t, Millington TN 38053-2023 .· . 

Charles FTaylor Jr, 7844 Quito Jd, 

't1111ington TN 38053-2246 

Michael S Ryan; 109 N Main 1001; 

Vlemphis TN 38103-5019 

MLGW Service Connections 

Persons listed are residents of metropolitan Memphis 

who have applied for services of the Memphis Light, 

Gas & Water Division. 

RichardG Houser, 159 NBelvedere Ln, Memphis TN 38116-3243 ·- 01 

Bl 2, Memphis TN 38104-2562 Dwayne S Mitchell, 1186 Laudeen. Mem1 

Carrie L Boland, 550 Techno Ln Dr 3, Memphis TN 38116-5643 V1 

607, Memphis TN 38105-5223 Sabrina Caldwell, 4156 Faronia Or Rd 2; 

Ella L Roberts, 1524 Birdsong Av, 5, Memphis TN 38116-6525 Ri 

Memphis TN 38106-7316 Tarra C White, 3878 Kenosha Av 3, Gratu 

Jill Magargee, 856 Stonewall .St, Memphis TN 38118-1981 2301 

Memphis TN 38107-4444 . MichelleLangston,3084DewlttCv, G: 

James S Lessell, 4210 Riviera Rd, Memphis TN 38118-3350 Cr 30 

I 

Memphis TN 38108-3652 Ali Raza, 1429 Oak Manor Ct 11, M 

Love McBride, 666 N Tulane Cv, ·Memphis TN 38119-6202 :· . ·Dr 1C 

Memphis TN 38109-9032 ·· ·· · ·. -Oekel Avraham, 7648 . Sparta Dr, ' - W 

Raymond L Thompson Jr, 160 Memphis TN 38119-9038 8, M1 

Windover Rd 4, Memphis TN 38111· 

6054 

Hazel Williams, 3236 Allison Av, . · 

Memphis TN 38112-3604 

Curt E Workman, 1723 Euclid Av, 

Memphis TN 38114-1608 

Charles E Perry. 3091 N Arbor PI 

105, Memphis TN 38115-0461 

Sherry L Sampson, 4119 Lacewood 

Dr, Memphis TN 38115-1051 

Edgar Trejo, 6143 Live Oak Cv, 

. Memphis TN 38115-2714 

Ted M Williams, 3230 Cortina Ct 2, 

Memphis TN 38115-2978 

Craig Knapp, 6545 Lost Oak Dr 29, 

_ Memphis TN 38115-3758 

Barborita Parks,. 1271 Turkey Run 

. ' .:.~·· ": 

.;·< ::.; ·. ~ ~.; ~·:·"":~ ·· .-~ 

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