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WHEREAS, the Air Pollution Services provided by DAPC <br />are necessary for the public health, the prevention and control <br />of disease and illness, and the prevention and abatement of <br />nuisances; and <br /> <br /> WHEREAS, Division (A) of Section 3709.085 of the Ohio <br />Revised Code authorizes a local board of health to enter into a <br />contract with a political subdivision to obtain such Air <br />Pollution Services; and <br /> <br /> WHEREAS, it is the desire of the Board of Health of <br />Lakewood ("Board") to authorize DAPC to continue such Air <br />Pollution Services for Lakewood within Cuyahoga County; and <br /> <br /> WHEREAS, it is the desire of DAPC to cooperate with the <br />Board of Health of Lakewood in providing said Air Pollution <br />Services and to continue to represent the Ohio EPA in air <br />pollution matters throughout Cuyahoga County. <br /> <br /> NOW, THEREFORE, for and in consideration of the terms, <br />mutual promises, understandings, covenants and agreements <br />hereinafter set forth, the parties do mutually contract and <br />agree as follows: <br /> <br /> Section 1. Pursuant to and in accordance with the <br />contract between the Ohio EPA and DAPC (FY 1990), this Contract <br />establishes Cleveland, through DAPC, as the air pollution <br />control agency of the Board for purposes of enforcing <br />Chapter 3704 of the Ohio Revised Code, the regulations adopted <br />and orders made pursuant thereto, within Lakewood. DAPC is <br />hereby designated as the representative and agent of the Board <br />for the prevention, control and abatement of air pollution and <br />is hereby authorized to perform said Air Pollution Services <br />within Lakewood including the collection and use of state <br />authorized air pollution related fees; the initiation of <br />enforcement actions in appropriate courts of jurisdiction; the <br />issuance of consent orders which may include appropriate civil <br />penalties and stipulated penalties; enforcement of state, <br />federal and any other ordinances or rules for the prevention, <br />control and abatement of air pollution; and the performance of <br />all other services for the purposes of enforcing Chapter 3704 of <br />the Ohio Revised Code, the regulations adopted and orders made <br />pursuant thereto. <br /> <br /> SectiQn 2. DAPC shall provide all services, including <br />but not limited to enforcement services for the purposes of <br />Chapter 3704 of the Ohio Revised Code, the rules adopted and <br />orders made pursuant thereto for the prevention, control and <br />abatement of air pollution within the city limits of Lakewood. <br /> <br />-2- <br /> <br /> <br />