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0882 ~r ORDINANCE NO. 882 (6-88) AN ORDINANCE AMENDING ORDINANCE NO. 789 TO PROVIDE FOR THE INCINERATION OF HAZARDOUS WASTES AT THE VERTAC PLANT SITE IN THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the Jacksonville City Council passed Ordinance No. 789 which prohibits the burning of any solid wastes within the City limits of Jacksonville, Arkansas, because of its concern for the health and safety of the citizens of Jacksonville; and, WHEREAS, industries may generate hazardous wastes and store those on the plant site and subsequently cease business operations, thereby abandoning significant quantities of hazardous wastes at the site; and, WHEREAS, these abandoned hazardous wastes can present a risk to the general health and safety because of fire, leaks, or tornado; and, WHEREAS, incineration of these abandoned hazardous wastes can reduce the risk to the public health and safety if the incineration is properly performed in accordance with regulatory standards and requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: Ordinance No. 789 is hereby amended to permit the incineration of hazardous wastes under certain circumstances and conditions as follows: (a) The hazardous waste must be dioxin contaminated wastes stored on the Vertac plant located in Jacksonville, Arkansas, and shall not be transported from other sites within the area. (b) Disposal of the hazardous waste must be by incin- eration performed by a contractor to the Arkansas Department of pollution Control and Ecology or the united States Environmental protection Agency, or jointly with both agencies. (c) The contract must provide that any violation of Environmental protection Agency and/or Arkansas Department of pollution Control and Ecology standards, regulations, guidelines, and/or operating procedures for safe burning (incineration) of dioxin waste shall result in a penalty to contractor of Two Hundred Fifty Thousand Dollars ($250,000.00) for the first violation and Five Hundred Thousand Dollars ($500,000.00) for a second violation. A second violation shall result in the cancellation of the contract and an order ceasing operation within the City of Jacksonville of said incinerator. (d) The contract must restrict incineration to hazardous wastes generated at the facility located in Jacksonville and prohibit incineration of wastes generated outside Jacksonville. Further, the contract must provide for removal of the incinerator upon completion of the incin- eration of the wastes. SECTION TWO: Any Ordinance or part of any Ordinance in conflict herewith is hereby repealed to the extent of such conflict. I /.p to SECTION THREE: It is hereby ascertained and declared to be essential to the health, safety and welfare of the City's inhabi- tants, that the incineration of hazardous wastes under certain circumstances and conditions be permitted. It is, therefore, declared that an emergency exists and this Ordinance shall be in force and take effect immediately upon its passage. APPROVED AND ADOPTED THIS SECOND DAY OF JUNE, 1988. CITY OF JACKSONVILLE, ARKANSAS ,,/ ~-, ~ ' ,," BY: _L1J:::::JNI~'.' -().,~ TOYI~ SWj MAYOR - ATTEST: l ~ ~~ >i, c ~,?\-~jLA-/ LUl:r:i\ M. LEONARD, -'CITY CLERK APPROVED AS TO FORM: 1// , K:i:jJtf:d~N' ~~~