88-81 Enact new Chpt 1787 - Sanitary - prohibit PCB

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SUBSTITUTE ORDINANCE ORDINANCE NO. 88-81 BY: Brown, Chinnock, Gallagher, Graham, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE to enact new Chapter 1787 of the Sanitary Code of the Codified Ordinances of the City of Lakewood to prohibit the use or storage of any Polychlorinated Biphenyls (PCB) or any PCB device within the City of Lakewood. WHEREAS, the uncontrolled and indiscriminate use or storage of PCB or any PCB device is a critical problem throughout the country but also within the City of Lakewood, and WHEREAS, without adequate local control and prohibition of the use or storage of PCB and PCB devices, there exists a potential threat to the health and well-being of the public and the quality of life within the City of Lakewood is threatened by the potential adverse effects upon the environment and human and other animal life, and WHEREAS, it is in the public interest that the City not permit the use or storage of said undesirable and otherwise hazardous substances and devices, and WHEREAS, the prohibition of the use or storage of PCB and PCB devices will eliminate the potential danger to persons coming, into contact with said substances and devices, and WHEREAS, this Ordinance constitutes an emergency measure providing for the immediate preservation of the public health, safety and welfare; now, therefore; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the Sanitary Code of the City of Lakewood be supplemented to read as follows: of the Codified~Ordinances by enacting new Chapter 1787 CHAPTER 1787 STORAGE AND USE OF PCB AND PCB 1787.01 DEFINITIONS. DEVICES For the purpose of this Chapter, the following words shall have the following meanings ascribed to them respectively: a) "PCB" means any chemical substance that is limited to the bipbenyl molecule nnat has been chlorinated to varying degrees or any combination of substances, or mixture which contains chlorinated biphenyl molecules and which contains 50 ppm (parts per mitlion)(on a dry weight basis) of PCBs. b) "PCB pounds or formers. Device" means any device which contains %hree more of PCB, and includes capacitors and trans- c) "Person" means any natural or legally created artificial person including any individual, corporation, partnership, or association.