TITLE
An Ordinance of the County of Allegheny amending Ordinance 16782 and Article XXI of the Allegheny County Health Department's Rules and Regulations, Article XXI, Air Pollution Control, amending Section 2105.92 that will regulate diesel powered motor vehicles in order to reduce emissions and their possible harmful effects on the pubic health.
BODY
Whereas, as a means of achieving better air quality for the citizens of Allegheny County, the Allegheny County Board of Health (“the Board”), desires to regulate the amount of diesel idling in order to reduce emissions and their possible harmful effects on the pubic health, and
Whereas, after a duly advertised public comment period of thirty days, including the presentation of oral comments and the consideration of those comments received, the Board, by vote at a publicly advertised meeting on March 2, 2005, adopted the attached amendment to its Article XXI that would regulate the amount of idling of diesel powered motor vehicles; and
Whereas, the Local Health Administration Law, Pa. Stat. Ann. tit. 16, § 12001 et seq., provides for the submission of proposed health regulations or the amendment of existing health regulations to a County for approval and rejection; and
Whereas, in compliance with the Local Health Administration Law, the Director of the Allegheny County Health Department, on behalf of the Board, has submitted the amendment to Ordinance 16782 and Article XXI to the Allegheny County Council with the recommendation that the County should approve the amendment.
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Incorporation of Preamble
The provisions set forth in the Preamble to this Ordinance are incorporated by reference in their entirely herein as findings of fact made by Council.
SECTION 2. Approval of Amendment to Article XXI of Health Department Rules and Regulations.
Pursuant to the Local Health Administration Law, County Council does hereby approve the addition of to Section 2105.92 of the Allegheny County Health Department's Rules and Regulations, Article XXI, Air Pollution Control, and Ordinance 16782, adopted by the Board on March 2, 2005 that is attached to this Ordinance.
SECTION3. Submission of Amendment to Article XXI to Appropriate State and Federal Authorities.
The Director, on behalf of the Board, is hereby authorized to submit the attached amendment to Article XXI changes to the Pennsylvania Department of Environmental Protection and the United States Environmental Protection Agency.
SECTION 4. SEVERABILITY. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall continue in full force and effect.
SECTION 5. REPEALER. Any Resolution and Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.