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A Resolution of the Council of the County of Allegheny ratifying Air Quality permit application and permit fee increases approved by the Allegheny County Health Department pursuant to the Allegheny County Code of Ordinances, Sections 505-16E, 505-17G, 505-23F, 505-25E(2)(C), 505-28A(7), 505-48(4)(b), and 505-49C(8)(h)[6].
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Whereas, Allegheny County, pursuant to the Local Health Administration Law, 16 P.S. §§ 12001-12028, created the Allegheny County Health Department, and the Allegheny County Board of Health; and
Whereas, Section 12011 of the Local Health Administration Law provides for the Board of Health to adopt regulations and submit such regulations to Allegheny County for approval or rejection; and
Whereas, Sections 2102.03.e, 2102.04.g, 2102.10.i, 2103.14.b.3, 2103.40.j, 2105.51.d.2, and 2105.62.h.8.F of Article XXI of the Allegheny County Health Department Rules and Regulations, provide that the Allegheny County Board of Health may set, with approval by the Allegheny County Council, the fee for air permit applications and permits; and
Whereas, Sections 2102.03.e, 2102.04.g, 2102.10.i, 2103.14.b.3, 2103.40.j, 2105.51.d.2, and 2105.62.h.8.F of Article XXI of the Allegheny County Health Department Rules and Regulations have been ratified as ordinances by Allegheny County Council and codified as part of the Allegheny County Code of Ordinances at Sections 505-16E, 505-17G, 505-23F, 505-25E(2)(C), 505-28A(7), 505-48(4)(b), and 505-49C(8)(h)[6]; and
Whereas, on March 3, 2021 the Allegheny County Board of Health approved the attached Proposed Air Quality Fee Changes for permit applications and permits; and
Whereas, it is the desire of Council to ratify the Air Quality permit application and permit fee increases as approved by the Board of Health.
The Council of the County of Allegheny hereby resolves as follows:
SECTION 1. Incorporation of Preamble.
The provisions set forth in the preamble to this Resolution are incorporated by reference in their entirety herein.
SECTION 2. Ratification of Fee Increase.
Acting pursuant to the Local Health Administration Law, the Allegheny County Home Rule Charter, and the Allegheny County Code of Ordinances, County Council hereby ratifies the Air Program permit fee increases approved by the Allegheny County Board of Health on March 3, 2021 and attached hereto as Exhibit “B,” containing therein the amended fee schedule.
SECTION 3. Severability.
If any provision of this Resolution shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Resolution which shall be in full force and effect.
SECTION 4. Repealer.
Any Resolution or Ordinance or part thereof conflicting with the provisions of this Resolution is hereby repealed so far as the same affects this Resolution.