0799
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ORDINANCE NO.
7 9 9 (#32-85)
AN ORDINANCE TO REQUIRE THOSE BUSINESSES AND INDIVIDUALS THAT
MANUFACTURE, HANDLE, AND/OR STORE SOLID HAZARDOUS WASTES WITHIN
THE CITY LIMITS OF JACKSONVILLE, ARKANSAS, TO RECYCLE SAID
WASTES INTO THE SMALLEST POSSIBLE QUANTITY; AND FOR OTHER
PURPOSES
WHEREAS, the citizens of the City of Jacksonville, Arkansas,
have expressed strong concern over the health and safety aspects
of the storing and accumulation of solid hazardous wastes within
the City limits of Jacksonville; and
WHEREAS, the City Council of the City of Jacksonville,
Arkansas, as representatives of the citizens of Jacksonville,
have determined that the storing of solid hazardous wastes
within the Jacksonville city limits creates a health and safety
hazard to the citizens of Jacksonville; and
WHEREAS, there is a process to recycle and reduce the amount
of storage units of solid hazardous wastes.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE,
ARKANSAS, THAT:
Section 1. It is prohibited to store or accumulate any solid
hazardous wastes within the City limits of the City of Jackson-
ville, Arkansas, that has not been recycled to the EPA recognized
smallest quantities.
Section 2. "Solid hazardous wastes" shall be defined as
"all putrescible and nonputrescib1e refuse in solid or semisolid
form including, but not limited to, ashes or incinerator residue,
demolition wastes, construction wastes, hazardous wastes,
including explosives, pathological wastes, chemical wastes,
herbicide and pesticide wastes and all other solid and semisolid
waste materials resulting from industrial, commercial, agricultural
and community activities." "Hazardous waste" shall be defined as
that defined in the United States Resource Conservation and
Recovery Act (RCRA).
Section 3. All businesses and individuals who manufacture,
handle or store hazardous wastes are required to mark the barrels
or other containers of said hazardous wastes indicating whether
they have been recycled or not, to keep a record of barrels or
containers which have been produced and which have been recycled,
and shall have said barrels or containers available for on-site
inspection by designated officials of the City of Jacksonville.
Section 4. Any individual, partnership, corporation or
other entity found to be in violation of this ordinance shall be
9uilty of a misdemeanor and fined not less than $500.00 nor more
than $1,000.00, for each day that a violation occurs. These
provisions are additional to civil remedies for damages and
injunctive relief.
Section 5. The City Attorney is hereby directed to initiate,
defend or intervene in any proceedings, whether before admin-
istrative agencies or in the state or federal courts, in order
to enforce the purpose of this Ordinance.
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ORDINANCE NO.
7 9 9 (#32-85)
PAGE TWO
Section 6. The affected businesses and individuals shall
have 'ninety (90) days after final passage of this Ordinance to
come into compliance.
Section 7. All ordinances or parts thereof in conflict
herewith are hereby repealed to the extent of the conflict.
ADOPTED AND APPROVED THIS 7th DAY OF NOVEMBER 1985.
EMERGENCY CLAUSE A' ,ACHEV: EFFECTIVE IMMEVIATELY
CITY OF JACKSONVILLE, ARKANSAS
ATTEST:
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LU~M. LEONARD, CITY CLERK
APPROVED AS TO FORM:
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KEI!H VAUG ATTORNEY