§ 26-34. Control board.

(a)

An air pollution control board of the county is hereby created, composed of nine members who are residents of the county, or as specified below, a resident of the Knoxville Metropolitan Area, who shall be appointed by the county commission. One of the members shall be a doctor of medicine licensed to practice medicine in the state; one shall be an engineer, or technically trained person or scientist in an area related to air pollution; one shall be representative of the industrial interests of the county, one shall be a member of the faculty or staff of the University of Tennessee and must be a resident of Knox County or the Knoxville Metropolitan area; one shall be a member of the faculty or staff of Pellissippi State Community College; one shall be an official or employee of the City of Knoxville; one shall be an official or employee of the county; one shall be an official or staff of the Knoxville Area Transportation Planning Organization; and one shall be a private citizen from the public at large who is not a public official or an employee of the county or city; provided however, that a majority of the persons who do not derive a majority of their earned income through employment by persons or industries subject to receiving and maintaining operating permits required by 40 CFR 70. Such appointments shall be made from a list of not more than three persons meeting the foregoing qualifications, respectively, nominated by each of the following: the Knoxville Academy of Medicine, the Knox County Technical Societies, the Knoxville Chamber of Commerce, the Chancellor of the University of Tennessee, the Chancellor of the Board of Regents, the Mayor of the City of Knoxville, the mayor of the county, the Chairman of the Knoxville Area Transportation Planning Organization, and the county commission. Members shall hold office for four-year terms, or until their successors are appointed and qualified. A vacancy shall be filled in the same manner, after up to three persons have been nominated to the county commission by the organization or officer as specified in this section to nominate persons qualified to fill the vacancy, for the unexpired term. Members shall serve without compensation.

(b)

The board shall meet at least quarterly each year in regular session. The board shall elect a chairman and vice-chairman biennially at its first meeting after the commencement of new terms, and it shall adopt rules of procedure to govern the conduct of its business. A member of the board may be removed by the county commission for cause. The director shall attend all meetings of the board and shall act as secretary of the board, making a record of all proceedings. Public notice shall be given of all meetings of the board and such meetings shall be open to the public. Any potential conflict of interest on the part of a member of the board shall be publicly announced to the board prior to any vote, and any member who has a direct financial interest in the outcome of any vote shall recuse himself from that vote. If either the director or the board become responsible, in whole or in part, for the design, construction and/or operation of a solid waste incinerator, neither the board nor the director shall have the power to issue a permit for such unit.

(c)

The board shall have power to adopt, after receiving the recommendations of the director, rules and regulations prescribing standards and procedures for carrying out an air pollution control program within the county, or in conjunction with other counties and municipalities. Such rules and regulations shall be reasonably related to the purpose declared in section 26-32 and shall be consistent with the substantive provisions of T.C.A. §§ 68-201-101—68-201-203, as amended, and any rules and regulations thereunder. Prior to adoption, such rules and regulations, or any amendment thereto, shall be issued in draft form and made available to any interested person, and the board shall hold a public hearing thereon, after at least 30 days' notice published in a newspaper of general circulation in the county. When adopted, such rules and regulations, and amendments thereto, shall be printed and made available at reasonable cost to any interested person, and a notice of such availability shall be published in a newspaper of general circulation in the county. The director shall issue an annual report on July 1 of each year outlining the causes of air pollution in the county, including a list of persons contributing substantially to air pollution; steps that have been taken to curb air pollution; and plans for the coming year. The director may also issue additional reports if requested.

(Ord. No. O-90-9-115, § 4, 9-10-90; Ord. No. O-94-7-101, §§ 1, 2, 8-22-94; Ord. No. O-99-2-101, § 5, 3-22-99; Ord. No. O-03-9-101, 10-27-03)