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i • <br />ORDINANCE N0. 1634 <br />AN ORDINANCE ESTABLISHING HAZARDOUS WASTE INCINERATOR SITING <br />REQUIREMENTS; PROVIDING ANY PERSON, FIRM OR CORPORATION WHO VIOLATES <br />ANY PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDE- <br />MEANOR, AND UPON CONVICTION SHALL BE FINED NOT MORE THAN $200.00; <br />PROVIDING CIVIL REMEDIES; PROVIDING FOR CONFLICT WITH OTHER LAWS AND <br />ORDINANCES; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE <br />OPEN MEETINGS LAW; AND PROVIDING THAT THIS ORDINANCE SHALL BE <br />EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION OF ITS CAPTION <br />AS REQUIRED BY LAW. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE: <br />Section 1. DEFINITIONS <br />Unless otherwise defined herein, terms used herein which are <br />defined in either Section 2 of the Texas Solid Waste Disposal Act, <br />TEX. REV. CIV. STAT. ANN. art 4477-7 (Vernon Supp. 1988) or Section <br />260.10 of the Environmental Protection Agency (EPA) Regulations, 40 <br />C.F.R. ~ 260.10 (1988), shall have the meaning set out therein. In <br />the event of any conflict between the definitions in the Texas Solid <br />Waste Disposal Act and those in the EPA Regulations, the EPA <br />Regulations shall control. <br />Section 2. HAZARDOUS WASTE INCINERATOR SITING REQUIREMENTS <br />A. From and after the effective date hereof: <br />(1) No hazardous waste incinerator facility may be located <br />within one thousand (1,000) feet of an estabished <br />residence, church, school, or dedicated public park which <br />is in use at the time of the earlier to occur of: (a) the <br />filing of a notice of intent to file an application for <br />the hazardous waste incinerator facility or (b) the filing <br />of an application with the Texas Water Commission for a <br />hazardous waste facility permit for the hazardous waste <br />incineration facility. <br />(2) No hazardous waste incinerator which has a design <br />operating capacity in excess of fifty million (50,00000) <br />BTU per hour may be located within three thousand (3,000) <br />feet of an established residence, church, school, or <br />dedicated public park which is in use at the time of the <br />earlier to occur of: (a) the filing of a notice of intent <br />to file an application for the hazardous waste incinerator <br />or (b) the filing of an application with the Texas Water <br />