§ 50-38. Pollution control board.

(a)

Creation. There is hereby ordained and established the pollution control board of the county. The board shall be composed of the members of the county council, and the chairman of the county council shall serve as chairman of the board. The county manager shall serve as clerk of the board. A majority of the county council, sitting as the pollution control board, shall constitute a quorum, and a majority vote of the entire board shall be necessary in order for any official action to be taken.

(b)

Meetings. The board shall hold such meetings as may be required for the discharge of its duties. Meetings may be called by the chairman or by at least two other members of the board by written notice tendered to the chairman.

(c)

General powers. The board shall have the power to carry out continuing studies, to make periodic reports and recommendations for the improvement of pollution control in the county and to work in cooperation with the state pollution control commission and other appropriate agencies and groups interested in the field of pollution.

(d)

Rule-making powers.

(1)

The board shall have the power to adopt and promulgate appropriate rules and regulations reasonably necessary for the implementation of this article and the pollution control code.

(2)

For purposes of this section, the term "rule" means any rule, regulation, standard, statement of policy, requirement, procedure or interpretation of general application, including the amendment or repeal thereof, adopted by the board to implement, interpret or make specific the law enforced or administered by it, or to govern its organization or procedure affecting the rights, duties, privileges or immunities of, or procedures available to the public or interested parties; but the term "rule" should not include matters concerning only the internal management of the board.

(3)

No rule or regulation, or amendment or repeal thereof, shall be adopted by the board except after public hearing held for that purpose. The board shall cause notice of such public hearing to be published in a newspaper, published in and of general circulation throughout the county, not less than 14 days prior to the meeting.

(4)

The board shall file in the office of the county council, at its offices in the courthouse, a certified copy of each rule adopted by it.

(5)

Each rule adopted by the board shall become effective on the day following the day it is filed in the office of the county council as provided in this subsection; provided, however, the board may provide that any such rule shall not become effective until a later date.

(e)

Adjudication procedure.

(1)

The board shall have the power to formulate orders for the enforcement of the provisions of this article, of the provisions of the pollution control code of the county, and of rules and regulations adopted pursuant thereto. For purposes of this section, the term "order" means the whole or any part of the final decision (whether affirmative, negative or declaratory) of the board in any matter other than rule-making.

(2)

If, upon complaint of the environmental control officer, the board has reason to believe that a violation of any provision of this article, of the pollution control code of the county, or of any rule or regulation adopted pursuant thereto has occurred, it may cause written notice to be served upon the alleged violator. The notices shall have attached thereto and by reference made a part thereof a copy of the complaint of the environmental control officer, the requisite contents of which complaint are set out in subsection 50-37(c)(3). The notice may include an order that corrective action be taken within a reasonable time. No such order shall become effective except after reasonable notice and the order is served upon the persons named therein and a hearing held if requested by the party upon whom the notice and order are served. Any party upon whom a notice is served may demand a public hearing before the board by notifying the county manager in writing of such demand within 20 days after service of the notice and order upon the party. If the party upon whom such notice and order are served shall demand a public hearing as provided in this subsection the county manager shall notify, by certified mail, the party, at the mailing address which the party shall designate in said demand, of the time, date and place of such hearing. Such hearing shall be public and shall be held within a reasonable time; provided, however, no such hearing shall be held sooner than 20 days following the date upon which notice of hearing is mailed to the parties affected.

(3)

If, after hearing, the board finds that a violation has occurred, it shall affirm or modify its order previously issued, or issue an appropriate order for the prevention, abatement or control of the emissions or pollution involved or for the taking of such other corrective action as may be appropriate. Any order issued prior to a hearing as a part of a notice provided in subsection (e)(2) of this section or any order issued after a hearing may prescribe the date by which the violation shall cease by fixing reasonable timetables for necessary action to prevent, abate or control the pollution. If, after hearing, the board finds that no violation has occurred, it shall rescind the order.

(4)

All testimony taken at such hearing before the board shall be under oath or affirmation. Upon application of any party, the board shall compel the attendance of witnesses and the production of evidence.

(Ord. No. 71-7, § VIII, 9-12-71)