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 attheCity Hall to hear remonstrances or protests againstthe making ofsuch Amendment. Such remonstrances or protests may be by personal appearance, or by attorneys, or by petition, andthen and thereyouwill be present ifyou 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 ofthe 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 ofthe City of Memphis, Tennessee, by which it is

1 soughttoapprovethefollowingPlanned

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

LOCATION: EastsideofRiverdale 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 amendmentP.O. 99-354CCtoallowfora"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 intheTownhouse 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 ofCounty Commissioners will be in session at the Commission Chambers, 160 North Main Street, Memphis, Tennessee, to hear remonstrances orprotests against the making of such changes; such remonstrances or protests must be by personal appearances, orby 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 amendingtheJoint Memphis and Shelby County Zoning Ordinance-Resolution adopted bythe Shelby County Board of Commissioners on October 6, 1980, applying to all unincorporated territory in Shelby County, Tennessee, outside of but within five miles ofthe 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: Northwestcorner 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 Thefollowing is an Ordinance passed by the Shelby County Board of Commissioners on September9, 2002, and shall take effectfrom and afterthe date itshall 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· ENDAR 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· SODES; AND ANEW RULE FOR THE CONFORMITYOFMOBILE SOURCE EMISSIONS WITH AIR QUALITY PLANS. WHEREAS, It Is the declared public policy ofShelby 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 ofthe 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 authorityto soqualify and maintain such qualification; and WHEREAS, Local regulation ofairqualityisthe mostefficlen.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 ShelbyCountyAirCode, 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 StateofTennessee (State) supervision granted bythe Tennessee Air Pollution Control Board, it is necessaryto adopt requirements no less stringent than State standards; and WHEREAS, Title V of the



### See 

### Notices, Page 20

### Page20


# ..,.Notices continuedfrompage 19

Clean AirAct of1990 requires airpollution control programsthatwishtooperate a major source operating permit program to establish a fee structure sufficienttofund thedirectand 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 emissionsfees 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, andwhen at leastthree (3) copies ofsuch •regulations which are incorporated by reference are filed In the office ofthe county clerk for public use, inspection and examination for a period ofthirty (30) days before adoption of the ordinance or resolution incorporating regulations by reference; and · WHEREAS, The Clerk ofthe 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 atthe office ofthe Shelby County Clerk of three (3) copies of *federal and State regulationsto be incorporated by reference fora period ofthirty(30)days before adoption of the ordinance or resolution incorporating regulations by reference and notice that the date of the Second Reading ofthis 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 bythestate pursuantto Chapter 68-201, Part 1;ofthe 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 bytheTennessee 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 ofTennessee Chapter

**1200-~~· tit~_ed_**  **qet!~itjon~;- C~a~~:r**  ofSubparts B, C, Cb, Cc, Cd, Ce, AAA) and Appendices A, B and Fofthe 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

### ITORDAINED BY THE BOARD OF COUNTY COMMISSIONERSOFSHELBYCOUNTY, TENNESSEE: SECTION 1. Thatthe Shelby County Air Code, Section 3-3. PENALnES- MISDEMEANOR, CIVIL, AND NONCOMPLIANCE, be amended by deleting 

### in itsentirety Section 3-3and 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. PENALTIES FOR

. NONCOMPLIANCE

(a) Failure to complywith 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 ofthe 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 instituteand litigateproceedings 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 14.5ofthe Code of Shelby County, any board or administrative order or any permit condition; (2) Makes any false material statement, representation,

orcertification In any record, report, plan or other document required by permit to be eitherfiled or maintained; (3) Falsifies, tampers with, renders Inaccurate or fails to install any monitoringdevice

or method required to be maintained or followed; or (4) Falls to pay a fee commits a Class C misdemeanor pursuanttotheTennessee 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 pursuantto T.C.A. §68- 201-115, for a violation within itsjurisdiction. (c) Willful and knowing violation of any provision ofthe Shelby County Air Code

-·- -A
_._ __..,__ .. A

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### 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 orcivil penaltyundersubsection (2). (2) (a) In addition to the criminal penalties-in this section, any person whoviolatesorfailstocomply with anyprovision oftheShelbyCounty 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 upto 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) foreach violation has been issued by

a local pollution control program pursuanttothis section may petitionthe 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 penaltyor· 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 againstwhom 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, settingforththegrounds and reasons for such person's objections and requesting a hearingon 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 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. §7413 and §7420 may be considered. Damages to the state or to Shelby County may include any expenses Incurred in Investigatingthe enforcing ofthis section; in removing, correcting, or terminating the effects of air pollution; and also compensationforanyexpense, loss

ordestruction ofplantor animal life

or any other actual damages or clean-up expenses caused by the pollution or by the violation. The

. plea offinancial inabilityto prevent,
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# ..,.Notices
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Clean AirAct of1990requires air

### pollution control programsthatwish tooperate a major source operating permit program to establish a fee structure sufficienttofund thedirect 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 emissionsfees 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 

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**6~201-115(a)** 

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

### and Appendices A, Band Fofthe 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 ITORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OFSHELBYCOUNTY, TENNESSEE: SECTION 1. Thatthe Shelby County Air Code, Section 3-3. PENALTIES- MISDEMEANOR, CIVIL,AND NONCOMPLIANCE, be amended bydeleting 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 complywith anyof 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 ofthe 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 Instituteand litigateproceedings 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 14.5ofthe Code of Shelby County, any board or



### -

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### ·- ·-
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## _ _

# -- --·· 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 orcivil penalty undersubsection (2). (2) 

### (a) In addition to the criminal penalties inthis section, any person whoviolates orfailstocomply with anyprovision oftheShelbyCounty 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 ofup 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) foreach violation has bee111ssued by



### a local pollution control program pursuanttothis 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 penaltyor 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-

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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 orcivil penalty undersubsection (2). (2) (a) In addition to the criminal penalties inthis section, any person whoviolates orfailstocomply with anyprovision oftheShelbyCounty 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) foreach violation has been issued by
a local pollution control program pursuanttothis section 

### maypetitionthe 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 penaltyordamages 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 againstwhom 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, settingforththegrounds and reasons for such person's objections and requesting a hearingon 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 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. §7413 and §7420 

### may be considered. Damages to the state or to Shelby County may include 

### any expenses incurred in investigatingthe enforcing ofthis section; In removing, correcting, or terminating the effects of air pollution; and also compensationfor

### anyexpense, loss
ordestruction ofplant or animal life
or any other actual damages or clean-up expenses caused by the pollution or by the violation. The. plea offinancial Inabilityto prevent, tions asthose recitedtherein. Such judgmentshalf be promptlyentered 

### by the court. Except as otherwise provided in this section, the procedure for entry of the judgment and theeffectthereofshall bethe same as provided in Title 26. Chapter 6, Tennessee Code Annotated. 3. Within forty-five (45) days afterentry ofajudgment under subdivision (e)2., 

### anycitizen ofShelbyCounty shall have the right to intervene on the ground thatthe penalties or remedies provided are inadequate orare based on erroneousfindings 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 ofthe final order or assessment, and ! the courtshall 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 becomefinal 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 anyotherjudgment of a court of record ofthis state. SECTION 2. Thatthe 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 lieuthereofa new Item 1200-3-9- .02(11)(b)14.(1i)(XXVII) sothat it reads
as follows: (XXVII) Any other stationary source category, which as ofAugust

### 7, 1980is being regulated under section 111 or 112 ofthe 

### 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 personwho owns or is in control ofany 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 governingthe

**~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 hereundershall be conducted in accordance with the rules ofevidence as setforth in Section 3-35(f) of the Shelby County Air Code. The Board maygrantsuchvariance, but only after public hearing on due notice and subjecttotheCertificate ofExemption issued pursuant to 

### T.C.A. §68- 201-115 if It finds that:

1. The emissions proposed to
occur as a result ofa variance would not endanger or tend to endanger



# .

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# ..

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**--**

**-=** 

### Friday, October 11, 2002

mitted only until the necessary
-· means for prevention, abatement,
or control become known and available, and thevariance shall be subjectto the taking of any substitute
oralternate measuresthatthe Board may prescribe. 2. Ifthe variance is granted on thegroundthatcompi lancewiththe particular requirement or requirementsfromwhichvariance issought will necessitate the taking of measures which, because of their extent orcost, must be spread over a considerable period oftime, itshall be for a period not to exceed such reasonable time as, in view ofthe Board, is requisite for thetaking 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 pursuanttothis 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 ofthe variancefollowingthesameprocedures 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 hearingon thecomplaint,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:teniarodhe terms'and 'i:'on'ditions ofthe granting of an application for a variance or renewal of a variance by the Board may obtain judicial reviewthereofonly in acourt ofcompetentjurisdiction. (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. Thatthe 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 againstwhom 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, settingforth the grounds and reasons for such person's objections and requesting ahearing on the matter; and · 3. If a 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 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. §7413 and §7420 may be considered. Damages to the state or to Shelby County may include any expenses Incurred in Investigatingthe enforcing ofthis section; in removIng, correcting, or terminating the effects of air pollution; and also compensationforanyexpense, loss
or destruction ofplant or animal life
or any other actual damages or clean-up expenses caused by the pollution or by 

### the violation. The. plea offinancial inabilityto prevent, abate or control pollution by the polluter or violator shall not be a valid defense to liability for violations oftheprovisions ofthe Shelby County Air Code or ofChapter 14.5 ofthe Code of Shelby County. (d) The issuance of an order or assessment of civil penalty by Shelby County operating under a certificate ofexemption as provided for In this section Is Intended to provide additional and cumulative remediesto prevent, abate and control airpollution in Tennessee. NothIng herein shall be construed to preempt, supersede, abridge orotherwise 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 ofthe clerk of the chancery court of Shelby County ifthe final order or assessment Is from Shelby County. 2. Whenfiled in accordancewith subdivision (e)1., a final order or assessmentshall be considered as ajudgment by 

### consent ofthe 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 ofAugust 7, 1980Is being regulated under section 111 or 112 ofthe 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 ofanyplant, 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 avariance from rules or regulations governingthe 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 hereundershall be conducted In accordance with the rules ofevidence as setforth In Section 3-35(f) ofthe Shelby County Air Code. The Board maygrantsuch variance, but only after public hearing on due notice and subjecttothe Certificate ofExemption 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 human health, 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 hardshipwithoutequal orgreater benefits to the public or avariance is needed only until a rule adopted by the Tennessee Air Pollution Control Board becomes State effective. Ifeconomic 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 ofproperty likelyto be affected bythe discharges, and otherswho maybe affected bygranting
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. Ifthe 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 per**I'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 ofsuch 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 ofthe granting of an application for a variance or renewal of a variance by the Board may obtain judicial reviewthereofonly in acourt 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 thereofa new Section 3- 13, RIGHT OF ENTRY, to read as follows: For the purpose of carrying out the requirements ofthe Shelby County Air Code and Section 14.5 ofthe Code of Shelby County, the Health Officer and his authorized representatives, includIngengineers, 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 1200-3-15ofthe Rules ofTennessee Division of Air Pollution, as effective
on December 31, 2000, which is incorporated herein by reference as if setoutin itsentirety, 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 thatthe Shelby County Air Code, Section 3-14 RESERVED, 

### beamended bydeleting in itsentirety 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 sitingcriteria, materials prohibited from burning and natural disaster exception in 1200-3-4 ofthe 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 forthe cooking of food orfor ceremonial, recreational
orcomfort-heating purposes including barbecues and outdoor fireplaces. This exception does not include commercial food preparation facilities and their operation. 2) Fires setforthe training and instructionoffiremen orforresearch in fire protection orprevention. 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) Allvinyl 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 bytheaircontaminantsgen- ;.,



### ~*~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 statepark, 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 leastone-half(1/2) mile from any airport, nursing home or hospital. (3) The plume from the air curtain destructor must meetthevisible 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 ofthe 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 burningmustbeconducted when ambient conditions are such that good dispersion of combustion products will result. Priming materials used to facilitate such burning shall be limitedto #1or#2gradefuel 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 ofthe National Ambient AirQuality Standard forozone, oxides ofnitrogen, carbon monoxide, or particulate matter. Permittee is required to contactthe Department's Computerized Local Air Index Reporting system (CLAIR) recorded line at (901) 544-7489 or 544-7490 before igniting afire todetermine ifitis aBurning Day or a No-Burning Day. (6) Approval is received fromthe Health Officer in writing. (7)

. Permission is secured from the

## fire department intliejurisdietion •· Involved:'·· · ·· •.··· ·· · ·· . -.,. ·. (8) The burning shall be done between th.e hours of9:00 a.m. and 4:00 p.m. or as authorized by the health officer. This approval shall not relieve the person responsible for such

.burningfrom the consequences ofany damages, injuries; or claims resulting ;from such bUrning; 

# '<df '·· · ''Definitions: ·

(1) 'Air Curtain Destructor' is a portableorstationarycombustion device thatdirects a plane ofhigh velocityforced draft airthrough 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 determiningqualification with this criteria. The provisions ofthis Section pertaining to structural and household materials may be waived ifthe persons seeking to open bum under this provision make a reasonable effort to remove all expressly prohibited materialfromthestructural remains before ignition. The Department
reserves the right to inspect the proposed materials to be burned before ignition. The alternative use ofchippers and grinders, landfilling,
or on-site burial of waste in lieu of burning, if lawful, is encouraged. (ii) If a governmental collective burn sitefor disposing ofstructural and household materials and vegetation damaged byanatural disaster is planned, the person responsible for such burning must notify the Department of the proposed location. The notification must be deliveredtothe Departmentatleast three (3) days priorto commencing the bum. The Department may requestthat alternate sites be identified to minimize impact to air quality. The alternative use ofchippers and grinders in lieu of burning is encouraged. (iii) A traffic hazard will not be caused bytheaircontaminantsgenerated by the fire. (iv) No fire shall be ignited while anyairpollution emergencyepisode is in effect in the area ofthe 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- 7489 or544-7490before ignitinga 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 ofdisposal 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 Officerorhis designeetojeopardize public health orwelfare, create
a public nuisance or safety hazard, create a potential safety hazard, or interferewith the attainmentor maintenance ofthe air quality standards. (3) Any exception to the open burning· prohibition granted by this Section does not relieve any person ofthe responsibility to obtain a permitrequired by anyotheragency, orof complying with other applicable re-

,.., ,;

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# ,, e 3 T 

### imust be delivered to the Pollution Control Section of the Memphis**~'lei.** S_he!by C9unty

_ Heal!h Depart

## ir.iefit(bepaltrheht)'atrea$iteh (to>**:"wbrkirig~diys{**

# pri'o'r"tcrconihienclng 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 inthejurisdiction involved.' · • ·· ·• , - . ·' (8) The burning shall be done between the hours of9:00 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 bytheaircontaminantsgen-

### ,:Jrfo\~~(by_tfl~ 

## firEl**t~.il]ihg;**_____**'·(~)-'** · ·•A'public nuls'tmce wilr'not be

created by the open burning. -. (3) Smokeless flares
or safetyflares forthe combustion of waste gases provided other applicable sections of this Section are met. (4) Fires used forthe 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 necessaryforthe 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 ofbodies ofdead animals, including poultry, where no other safe and/

or practical disposal method exists. (c)Exceptlonstosubsection (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 ofthe material involved, the amount and kind of material to be burned, the exact locationwherethe burningwill take place, and the dateswhen the open burning will be done. All changes in types of,
orincrease 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, permitcertifies, bywritten 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 andfrom anyState highway; and (1) 'Air Curtain Destructor' is a i>ortable orstationarycombustion device that directs a plane ofhigh velocIty forced draft airthrough 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 underthe ' curtain. 'The use of an•: air curt.aln destructor Is considered controlled open burning. (2) 'Air Pollution Emergency Episode' isdefined as airpollution 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 conditionsthatproducts ofcombustion 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 ofthe 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 ofstructural and household materials and vegetation are allowed onlywhenthose structures or materials are destroyed or severely damaged by natural disaster. Input from Emergency Management personnel may 7489or544-7490before ignitinga 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 ofdisposal 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 Officeror his designeetojeopardize public health orwelfare, create
a public nuisance or safety hazard, create a potential safety hazard, or interferewith the attainmentor maintenance ofthe 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 permitrequired byanyotheragency, orof complying with other applicable requirements, ordinances, or restrictions. [Particular attention is directed to 

### T.C.A. §39-14-306, which prohibits open airfires between October 15 and May 15within five hundred (500) feetofanyforest, grasslandsorwood· 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 subjecttosourcespecificstandards approved in lieu of standards in Rules 11through 77 of this chapter and sources subjectto a National Emission Standard for Hazardous Air Pollutants (also called a MACT standard) that applies to all volatile organiccompound emissions at the source; and SECTION 8. That *Chapter 1200-3-34ofthe Rules ofTennessee Division ofAir Pollution, as effective
on November 14, 2001, which is incorporated herein by reference as if setoutin itsentirety,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 ofCounty Commissioners, in accordance with 

### T.C.A. 

### §68- 201-115; and thatthe Shelby County Air Code, Section 3-26 RESERVED, be amended by deleting in itsentirety 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 ThEI iJ 

### I

)I

**~**

**~** l

**~** 

# r



# .. THE DAILY NEWS, MEMPHIS

be requested In determiningqualification with this criteria. The provisions of this Section pertaining to structural and household materials may be waived ifthe persons seeking to open bum under this provision make a reasonable effort to
remove all expressly prohibited materialfromthestructural remains before ignition. The Department
reserves the right to inspect the proposed materials to be burned before ignition. The alternative use ofchippers and grinders, landfilling,

or on-site burial ofwaste in lieu of burning, if lawful, is encouraged. (ii) If a governmental collective bum site for disposingofstructural and household materials and vegetation damaged by anatural disaster is planned, the person responsible for such burning must notify the Department of the proposed location. The notification must be delivered tothe Departmentatleast three (3) days priorto commencing the burn. The Department may requestthat alternate sites be identified to minimize Impact to air qualIty. The alternative use ofchippers and grinders in lieu of burning is encouraged. (iii) A traffic hazard will not be caused bythe aircontamlnantsgenerated by the fire. (iv) No fire shall be ignited while anyairpollutionemergencyepisode is in effect in the area ofthe 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- 7489or 544-7490before ignitinga 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 ofdisposal 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 Officeror his designeetojeopardizepublic health orwelfare, create
a public nuisance or safety hazard, create a potential safety hazard, or interferewiththe attainmentor maintenance ofthe air quality standards. (3) Any exception to the open burning· prohibition granted by this Section does not relieve any person ofthe responsibility to obtain a permit required by anyotheragency, orof 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 ofthe decision, ruling, requirement, rule, regulation or order In question until the Board has taken final action on the appeal, exceptwhen the Health Director has acted under Section 16-59, 'Emergency Order.' The Board, notmorethanthirty(30) days after the date of filing an appeal, shall setadateforthe hearing not more than sixty (60) days after the date offiling ofthe 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 newspaperofgeneral circulation in Shelby County, Tennessee givingthe date, time, place and purpose ofthe hearing; and (2) The chairman of the Board shall act as the hearing examinerto conduct such hearing; and (3) Any person seeking a variance or any party who has filed a written notice ofappeal pursuantto 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 tothe 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 atranscriptofsuch 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 ap

### 21

emissionsfee fromthoseentitieswithin Shelby County which operate station

### ary 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 theCode ofShelbyCounty, 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) perton ofactual emissionsfor calendaryear2001emissions,which does not require changing the text of Section 14.5-28, Appendix A and which does not trigger the Consumer Price Indexadjustment.This emissionsfee rate will be noted in footnote 1 to Section 14.5-28, AppendixA SECTION 12. Thatthe 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 14.5-28with 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 amountdetermined bythe requirements set forth in Appendix A of this article. SECTION 13. That *Rules and Regulations ofTennessee 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,titledConstruction 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 Standardsfor lnfec- -!''-··- ''-'--

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### Local Air Index Reporting system (CLAIR) recorded line at (901) 544- 7489or544-7490before ignitinga fire to determine if it Is a Burning Day or aNo-Burning Day. (V) Open burning conducted under this exception is only allowed where no other safe and/or practical means ofdisposal is available. (2) The Health Officer reserves the right to require aperson to cease
or limit open burning if emissions from the fires are deemed by the Health Officerorhis designeetojeop. ardize public

**hee~lth**

### or welfare,

**cree~te** <1 

### public nuisance or safety

**haze~rd,**

**cree~te** 

### a potential safety

**haze~rd,** 

### or interferewith the attainmentor maintenance ofthe

**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 byanyotheragency, orof 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 15within five hundred (500) feetof

**e~ny**

### forest, grasslandsorwoodlands without first securing a permit from the State forester in unincorporated portions of Shelby County.] SECTION 7. Thatthe 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. Sourcessubjecttosourcespecific

**ste~nde~rds** 

### approved In lieu of standards In Rules 

### 11through 

### 77 of this chapter

**e~nd** 

### sources subjectto a Nation<!l Emission

**Ste~nde~rd** 

### for

**He~z**

**e~rdous** 

### Air Pollutants (also called a MACT

**stande~rd)** 

### that applies to all volatile organiccompound emissions Cit the source; and SECTION 

### 8.

**The~t** ***Che~pter** 

### 1200.3-34ofthe Rules ofTennessee Division of Air Pollution, as effective

on November 14, 2001, which is incorporated herein by reference as if setoutin itsentirety;

**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 ofCounty 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 bydeleting in itsentirety 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 noticeofappeal

**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~anscri bed**  

### 1!1Jd atranscript ofsuch testimony, iftranscribed, 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 ofthe respondent on the

·return date specified in the formal noticeofcomplaint, 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, bycertified mail. Such order

or determination shall be approved byat least amajorityofmembers to which the Board Is entitled. (6) Upon failure ofthe Board to enter afinal order or determination within sixty (60) days afterthe final argument of such hearing, the respondent shall be entitled to treat for all purposes such failure to act

as afindingfavorabletothe respondent. (7) The burden ofproofshall 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 havejudicial 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. Thatthe Code of Shelby County, Section 14.5-27, ALLOWABLE USES FOR EMISSIONS FEE, be amended bydeletingthe first sentence in Section 14

.5-27 and replacing itwith thefollowing sentence that reads as follows: The Departmentshall collectan annual and Regulations ofTennessee Ctiap. ters 1



### .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,titledConstruction

**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 Standardsfor lnfec- · t!ousWaste 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 ofAccidental 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 (withthe exception ofSubparts 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 ifsetout in their entirety and shall be adopted and approved as part of the ShelbyCountyAir Pollution Code, thereby amending the Shelby County Air Code. SECTION 14. SEVERABILITY. The provisions ofthis ordinance

are hereby declared to be severable. Should any of these sections, provisions, sentences, clauses, phrases, words, or parts be held unconstitutional orvoid, 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,ThatthisOrdinance 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 mtinuedfrompage21

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 noticethat 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 3551Tc and owned by Pheruth Deberry, 3134Golden Oal 4604 Scottsdale Ave., Mphs, TN· Partnership. All personswishingto be heard on thecertific;
or through counsel submit their views In writing Commission, not later than 9:30 10/16/02. The Tennessee Alcoholic Beverage Commis: at adateto be setbytheTennesseeAlcoholic 

### 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 withquestions concerningthis 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

ChristopherAShelly, 2805Morning

· race Dr 104,CordovaTN 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 LHershey, 1325VolleYball
.n 280, Cordova TN 38016-8627

Donna Johnson, 1423 Arlstides 

### Ct !02, Cordova TN 38016-9106

Matt RBaker, 1188Grand Cypress ';v, Collierville TN 38017.0000

John Livingston, 10465Aniston

### 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 38018-8074 Frankie Mendez Jr, 7969 Harrold 3t, Millington TN 38053-2023 .· . Charles FTaylor Jr, 7844 QuitoJd, '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 ofthe 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 CWhite, 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 

# IMemphis 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 LSampson, 4119 Lacewood Dr, Memphis TN 38115-1051 Edgar Trejo, 6143 Live Oak Cv,

. Memphis TN 38115-2714 Ted MWilliams, 3230 Cortina

### Ct 2, Memphis TN 38115-2978 Craig Knapp, 6545 Lost Oak Dr 29,

_

Memphis TN 38115-3758 Barborita Parks,

. 1271 Turkey Run 

# . '

**.:. ~·** 

**·** ":

.;·< ::.; ·.

**~ ~.;**  **~·:· "":~** 

**·· .-~** 



# Read Andy Rooney's column In 

# atall 

# OffigeJ THEBEST .-u

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