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ORDINANCE NO. 5 0 - 0 0
<br />
<br /> PLACED ON 1ST READING ~ REFBRREDF
<br />TO PUBLIC WORKS COMMITTEE 5/1/00.
<br />PLACED ON 2ND READING S/1S/00.
<br />
<br />BY: Corrigan, FitzGerald, George,
<br />Roth, Seelie, Skindell, Smith.
<br />
<br /> AN EMERGENCY ORDINANCE approving the final draft Solid Waste Management
<br /> Plan update 2001 - 2015 of the Cuyahoga County Solid Waste Management District.
<br />
<br /> WHEREAS, the Ohio Solid Waste Disposal Act, effective June 24, 1988, mandates that
<br /> all counties establish a Solid Waste District and a Solid Waste Management Policy Committee to
<br /> prepare, adopt and submit to the Ohio Environmental Protection Agency a Solid Waste
<br /> Management Plan (Section 3734.52..56, Ohio Revised Code); and
<br />
<br /> WHEREAS, through its Resolution No. 883536, adopted August 29, 1988, the Cuyahoga
<br /> County Board of Commissioners formed a single-county Solid Waste Planning District, in
<br /> accordance with Section 3734.52 of the Ohio Revised Code; and
<br />
<br /> WHEREAS, the Director of the Ohio Environmental Protection Agency, on March 30,
<br />1989, designated the Cuyahoga County Planning Commission to serve as the Solid Waste
<br />Management Policy Plmming Committee for the Cuyahoga County Solid Waste District pursuant
<br />to Section 3734.54(D) of the Ohio Revised Code; and
<br />
<br /> WHEREAS, the Cuyahoga County Board of Commissioners has, pursuant to Resolution
<br />No. 934112, adopted September 28, 1993, appointed two additional Policy Committee members
<br />in accordance with Section 3734.54(D) of the Ohio Revised Code; and
<br />
<br /> WHEREAS, on April 15, 1994, the Cuyahoga County Policy Committee submitted the
<br />Initial Draft Cuyahoga County Solid Waste Management Plan to the Director of the Ohio
<br />Environmental Protection Agency for final review; and on July 8, 1994, the Director issued an
<br />order approving the plan upon determination that it was duly ratified by the local governments
<br />comprising the District, pursuant to Ohio Revised Code Section 3734.55(B), and that the ratified
<br />Initial Draft Plan is in compliance with Sections 3734.53(.,t.), (B.), (D) and (E)(J); and
<br />
<br /> WHEREAS, solid waste management districts having a planning period of less than
<br />fifteen years shall submit triennially to the Director of the Ohio Environmental Protection Agency
<br />an amended plan and certification for the subsequent planning period upon which the initial plan
<br />was based, pursuant to Section 3734.56 of the Ohio Revised Code; and
<br />
<br /> WHEREAS, initial and subsequent plan amendments prepared by solid waste
<br />management districts are required to be prepared in a format prescribed by the Director of the
<br />Ohio Environmental Protection Agency, pursuant to Section 3734.53 of the Ohio Revised Code;
<br />and
<br />
<br /> WHEREAS, upon completion of its Draft Solid Waste Plan Update, the Policy
<br />Committee delivered it on May 28, 1999 to the Director of the Environmental Protection Agency
<br />for required preliminary review and comment in accordance with Sections 3734.54 and 3734.55
<br />of the Revised Code; and
<br />
<br /> WHEREAS, after receipt of non-binding comments from the Ohio EPA on July 19, 1999,
<br />the Policy Connnittee amended the Draft Plan Update to address the recommendations Of the
<br />Ohio EPA in accordance with subsequent findings derived via two joint meetings and numerous
<br />telephone discusstons among the staffs of the Ohio Environmental Protection Agency, the
<br />Cuyahoga County Solid Waste District and the Cuyahoga County Planning Commission; and
<br />
<br /> WHE~S, Section 3734.55 of the Ohio Revised Code, requires the Policy Committee to
<br />prepare and publish in at least one newspaper of general circulation within the county a public
<br />notice that describes the amended Draft Plan Update, specifies the location where it is available
<br />for review, and establishes a thirty day period for comments concerning the Draft Plan Update,
<br />and to notify adjacent counties and joint districts and the fifty largest industrial, commercial, or
<br />institutional generators of solid wastes within the District and make the Draft Plan Update
<br />available for review by the public, adjacent districts and the largest generators; and
<br />
<br /> WHEREAS, Section 3734.55 of the Ohio Revised Code, further requires the Policy
<br />Committee, within fifteen days after expiration of the comment period, to conduct a public
<br />hearing concerning the Draft Plan Update and at least fifteen days before the hearing publish in at
<br />least one newspaper of general circulation within the county a notice containing the time and
<br />place of the heating and the location where the Draft Plan Update'is available for review; and
<br />
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