0789
\v1
ORVINANCE
7 8 9 (#22-85)
AN ORDINANCE TO PROHIBIT THE BURNING OF SOLID WASTES WITHIN THE
CITY LIMITS OF JACKSONVILLE, ARKANSAS, DECLARING AN EMERGENCY,
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 burning of solid 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 incineration of solid wastes within the
Jacksonville city limits creates a health and safety hazard to
the citizens of Jacksonville;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
JACKSONVILLE, ARKANSAS THAT:
Section 1: It is prohibited to burn or incinerate any
solid wastes within the City limits of the City of Jacksonville,
Arkansas.
Section 2: "Solid wastes" shall be defined as provided in
Ark. Stat. Ann. S82-2703, which defines solid wastes as "all
putrescible and nonputrescible refuse in solid or semisolid form
including, but not limited to, garbage, rubbish, ashes or inci-
nerator residue, street refuse, dead animals, 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, community
and residential activities." Provided, that the foregoing prohi-
bition shall not apply to licensed hospitals and licensed animal
control facilities in the incineration thereof shall occur
without the written permission of the Chief of the Jacksonville
Fire Department, specifically listing the substances permitted to
be incinerated. Provided, further, that no facility conducting
incineration under this section shall accept for incineration or
incinerate solid wastes from any source other than that produced
on the premises thereof. Provided further that the Chief of the
Jacksonville Fire Department shall not permit the incineration of
hazardous waste, notwithstanding any permission by any agency of
the United States or the State of Arkansas.' "Hazardous waste"
shall be defined as that defined in the United States Resource
Conservation and Recovery Act (RCRA).
Section 3: Any individual, partnership, corporation or
other entity found to be in violation of this ordinance shall be
guilty of a misdemeanor and fined not less than $500.00 nor more
than $1,000.00, for each day that a violation occurs. These pro-
visions are additional to civil remedies for damages and injunc-
tive relief.
Section 4: The City Attorney is hereby directed to ini-
tiate, defend or intervene in any proceedings, whether before
administrative agencies or in the state or federal courts, in
order to enforce the purpose of this Ordinance.
Section 5: It is hereby ascertained and declared that the
burning of solid wastes within the City limits of the City of
Jacksonville constitutes an immediate hazard to the public health
and safety; that current enactments may not be sufficient to
control the problem; and that only by the passage of this prohi-
bition can the situation be corrected. It is therefore declared
PAGE TWO ORVINANCE NO. 7 8 9
\\~
that an emergency exists and this Ordinance, being necessary for
the immediate preservation of the public peace, health and
safety, shall take effect and be in force from and after its
passage.
1986.
ADOPTED AND APPROVED THIS 2nd DAY OF JanuCULlf
CITY OF JACKSONVILLE, ARKANSAS
l,~.
A
ATTEST:
~~).
CI~LERK
APPROVED AS TO FORM:
, ~~~. 'I .J
KE1 H VAUGHA ...
CIT, ATTORN ~
ORVINANCE FAILEV TO RECEIVE 2/3 MAJORITY TO BE PLACEV ON SECONV REAVING 7/4/85.
ORVINANCE TABLEV 7/18/85 FOR FURTHER CONSIVERATION.
ORVINANCE REAV SECONV TIME 8/15/85. ORVINANCE PASSED ON SECONV REAVING 8/15/85.
ORDINANCE TABLED 8/15/85 until next Regulah City Coune~ Meeting Sept. 5, 1985.
ORVINANCE TABLEV 9/5/85 until a6teJt ~ettiement in law~uit in Union County / eMe
to be he~d Oet. 23, 1985.
-2-