Allegheny County Header
File #: 12629-23    Version: 1 Name:
Type: Ordinance Status: Withdrawn
File created: 3/17/2023 In control: Chief Clerk
On agenda: 3/21/2023 Final action: 5/31/2023
Title: An Ordinance of the Council of the County of Allegheny ratifying an amendment that revises §2105.73, “Municipal Solid Waste Landfills,” of the Allegheny County Health Department Rules and Regulations, Article XXI, “Air Pollution Control”.
Sponsors: Chief Executive
Attachments: 1. 12629-23 Exhibit A. Revisions to Article XXI. Section 2105.73 Muni Solid Waste Landfills.11.14.2022.docx, 2. 12629-23 Legislative Summary Related to Exhibit A Municipal Solid Waste Landfills.11.15.2022.docx

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An Ordinance of the Council of the County of Allegheny ratifying an amendment that revises §2105.73, “Municipal Solid Waste Landfills,” of the Allegheny County Health Department Rules and Regulations, Article XXI, “Air Pollution Control”.

 

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                     Whereas, Allegheny County, pursuant to the Pennsylvania Local Health Administration Law, 16 P.S. §§ 12001 - 12028, created the Allegheny County Health Department, and the Allegheny County Board of Health; and

 

                     Whereas, the Allegheny County Health Department regulates air quality under authority granted to it via the Pennsylvania Air Pollution Control Act, 35 P.S. §§ 4001 - 4106, and its implementing regulations; 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, on November 2, 2022 during its regularly scheduled public meeting, the Allegheny County Board of Health adopted by affirmative vote the attached amendment to revise §2105.73, “Municipal Solid Waste Landfills,” of the Allegheny County Health Department Rules and Regulations, Article XXI, “Air Pollution Control;” and

 

Whereas, it is the desire of Council to ratify the Allegheny County Health Department regulation amendment 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 Ordinance are incorporated by reference in their entirety herein.

 

SECTION 2.                     Ratification of Regulations.

 

                     Acting pursuant to the Pennsylvania Local Health Administration Law and the Allegheny County Home Rule Charter, County Council hereby ratifies the amendment to the Allegheny County Health Department Rules and Regulations, Article XXI, “Air Pollution Control”, attached hereto as Exhibit “A.”

 

SECTION 3.                     Severability.  

 

If any provision of this Ordinance 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 Ordinance is hereby repealed so far as the same affects this Ordinance.

 

SECTION 5.                     Effective Date

 

In accordance with Section 12011(c) of the Local Health Administration Law, this Ordinance shall become effective ten days after it has been approved.