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An Ordinance of the County of Allegheny amending Article XXI of the Allegheny County Health Department's Rules and Regulations, “Air Pollution Control Regulations and Addition to State Implementation Plan,” modifying Sections 2105.21, 2107.11 and 2108.03, which will allow the measurements of opacity for coke ovens to include any continuous opacity monitoring system.
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Whereas, after a duly advertised public comment period of thirty days, including the opportunity to present oral comments and the consideration of any comments received, the Board, by a unanimous vote at a publicly advertised meeting on November 1, 2006, adopted the attached amendments to its Article XXI, which will allow the measurements of opacity for coke ovens to include any continuous opacity monitoring system; 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 the 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 Article XXI to the Allegheny County Chief Executive, with the recommendation that the County should approve the amendment; and
Whereas, the Allegheny County Chief Executive has submitted this Ordinance to Allegheny County Council for its consideration.
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Council Approval of Amendment to Article XXI of Health Department Rules and Regulations.
Pursuant to a request from the Chief Executive, County Council does hereby approve the amendments to Sections 2105.21, 2107.11 and 2108.03 of the Allegheny County Health Department's Rules and Regulations, Article XXI, Air Pollution Control, which will allow the measurements of opacity for coke ovens to include any continuous opacity monitoring system, and which were adopted by the Board on November 1, 2006, and which is attached to this Ordinance. Upon execution of this Ordinance by the Chief Executive, the modifications to Sections 2105.21, 2107.11 and 2108.03 of the Allegheny County Health Department's Rules and Regulations, Article XXI, Air Pollution Control shall be adopted by Allegheny County.
Section 2. 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 to the Pennsylvania Department of Environmental Protection and the United States Environmental Protection Agency.
Section 3. 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 be in full force and effect.
Section 4. Repealer. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.
SUMMARY OF LEGISLATION
The attached legislation would approve the Board of Health's amendment to Article XXI of the Allegheny County Health Department's Rules and Regulations, “Air Pollution Control Regulations and Addition to State Implementation Plan,” modifying Sections 2105.21, 2107.11 and 2108.03, which will allow the measurements of opacity for coke ovens to include any continuous opacity monitoring system.