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88-81 Enact new Chpt 1787 - Sanitary - prohibit PCB
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88-81 Enact new Chpt 1787 - Sanitary - prohibit PCB
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Last modified
5/14/2013 3:09:58 PM
Creation date
12/21/2005 5:25:01 AM
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Office Of Council
Document Type
Ordinances
Date
12/21/2005
Date Adopted
9/21/1981
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1787.02 USE OR STORAGE OF PCB AND/OR PCB DEVICES PROHIBITED <br /> <br />'After February 1, 1982, no person shall use or store any PCB <br />or any PCB device within the City of Lake~ood. <br /> <br />1787 .03 E,{Ei.[PTI ON S <br /> <br />a) The proviszons of this Chapter shall not apply to the <br />storage or disposal of PCB or PCB devices in any hazardous <br />substance disposal site specifically approved by either the <br />United States Environmental Protection Agency or the Ohio <br />Environmental Protection Agency and which comport to federal <br />and state law. <br /> <br />b) A person may petition the Director of Public Safety or his <br />designee for an exemption from the requirements of this Chapter <br />and the Director of Public Safety or his designee may grant in <br />writing an exemption, where not precluded by state or federal <br />law, if he finds that: <br /> <br />1) unreasonable risk of injury to health or environment <br /> would not result; <br /> 2) good faith efforts on the part of the petitioner have <br /> been made to comply but strict compliance would ,render <br /> undue hardship upon the petitioner or is not possible <br /> or practical; and <br />3) the best interest of the City would be served by <br /> grantzng the exemption. <br /> <br />c) The provisions of this Chapter shall not apply to the use <br />of waste samples of PCB, samples of other substances or material <br />containing PCB, or PCB references samples for or in conducting <br />analytical tests to determine the composition or characteristics <br />of the sample. <br /> <br />d) The provisions of this Chapter shall not apply to the <br />temporary storage of PCB or PCB devices taken out of service <br />compliance with this Chapter, provided the temporary storage <br />does not exceed ten (10) days from the date that the PCB or <br />PCB device is taken out of service. <br /> <br />1787.04 EXTENSION OF TIME~,FOR COMPLIANCE <br /> <br />A person may petition the Director of Public Safety or bis <br />designee for an extension of time for compliance with the ~, <br />provisions of this Chapter ~nd the Director of Public Safety <br />may grant a reasonable extension where not precluded by state <br />or federal la~ if he finds that compliance by the effective <br />date of this Chapter is not possible due to circumstances beyond <br />the control and without fault on the part of the petitioner. <br /> <br />1787.98 INJ JNCTIVE RELIEF <br /> <br />a) Violation of any provision of this Chap('er shall be deemed <br />a public nuisance. <br /> <br />b) The Director of Law shall have the authority to commence <br />any action in a court of competent jurisdiction to enjoin the <br />actions of any person who violates any provision of this Chapter. <br /> <br /> <br />
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