Chapter 4.12
AIR POLLUTION CONTROL COMMISSION1

Sections:

4.12.010    Created – Members – Appointment.

4.12.020    Members designated.

4.12.030    Ex officio members.

4.12.040    Chairman and vice chairman.

4.12.050    Terms of office.

4.12.060    Vacancies.

4.12.070    Removal for cause.

4.12.080    Regular meetings.

4.12.090    Special meetings.

4.12.100    Quorum.

4.12.110    Powers and duties.

4.12.010 Created – Members – Appointment.

There is created the Fairbanks North Star Borough air pollution control commission, which shall consist of seven voting members. Such members shall be appointed by the borough mayor, subject to confirmation by the assembly. (Ord. 2010-02 § 2, 2010; Ord. 2004-15 § 2, 2004; Ord. 98-50 § 2, 1998; Ord. 94-049 § 3, 1994; Ord. 93-014 § 3, 1993; Ord. 71-10, 1971. 2004 Code § 2.48.010.)

4.12.020 Members designated.

The commission members shall be borough residents and, insofar as practicable, shall include the following:

A. One member with solid fuel burning device expertise;

B. One vehicle technician with a strong background with vehicle emissions;

C. One member with background in environmental science;

D. Four members at large. (Ord. 2010-02 § 2, 2010; Ord. 2004-15 § 3, 2004; Ord. 98-050 § 3, 1998; Ord. 94-049 § 4, 1994; Ord. 93-014 § 4, 1993; Ord. 71-10, 1971. 2004 Code § 2.48.020.)

4.12.030 Ex officio members.

The following persons may sit as ex officio members of the commission:

A. Director of the borough transportation department;

B. The borough mayor or designee;

C. The borough community planning director;

D. The chairman of the borough planning commission;

E. An assembly member appointed by the presiding officer. (Ord. 2015-54 § 2, 2015; Ord. 94-049 § 5, 1994; Ord. 86-017 § 29, 1986; Ord. 71-10, 1971. 2004 Code § 2.48.030.)

4.12.040 Chairman and vice chairman.

The commission shall select its chairman and vice chairman from its own voting members. (Ord. 71-10, 1971. 2004 Code § 2.48.040.)

4.12.050 Terms of office.

The term of a commissioner shall be three years, beginning on the first day of January. Terms shall be arranged so that at least two members are appointed annually. (Ord. 71-10, 1971. 2004 Code § 2.48.050.)

4.12.060 Vacancies.

When vacancies among voting members in the commission occur through resignation, death, termination of residence in the borough, or removal for cause, the borough mayor shall appoint a member subject to confirmation by the assembly to serve the remainder of the unexpired term. (Ord. 71-10, 1971. 2004 Code § 2.48.060.)

4.12.070 Removal for cause.

For good cause shown, the borough assembly may remove a voting member of the commission by a two-thirds vote at a public meeting. Nonattendance at four successive meetings or hearings of the commission may constitute good cause for the purposes of this section. (Ord. 71-10, 1971. 2004 Code § 2.48.070.)

4.12.080 Regular meetings.

This commission shall meet at least once each quarter. So far as practicable, regular meetings shall be held on the same day of the week and at the same location each quarter. (Ord. 93-014 § 5, 1993; Ord. 71-10, 1971. 2004 Code § 2.48.080.)

4.12.090 Special meetings.

Special meetings may be called by any two voting members, by the commission chairman or by the borough mayor. (Ord. 2015-54 § 3, 2015; Ord. 71-10, 1971. 2004 Code § 2.48.090.)

4.12.100 Quorum.

A majority of the commission shall constitute a quorum for the transaction of business and four affirmative votes shall be necessary to carry a question. (Ord. 2011-07 § 2, 2011; Ord. 2004-15 § 4, 2004; Ord. 93-14 § 6, 1993; Ord. 71-10, 1971. 2004 Code § 2.48.100.)

4.12.110 Powers and duties.

A. The commission shall be notified and may make recommendations for air pollution provisions in any proposed ordinance relating to building construction and/or relating to permits for building construction.

B. The commission may propose ordinances or amendments to ordinances for consideration by the assembly that would serve to protect and enhance the quality of the air within the borough. Prior to the submission of proposed ordinances to the assembly, the commission shall hold public hearings for the purpose of receiving the testimony.

C. The commission shall review proposed revisions of regulations or other criteria related to the air quality program and make recommendations to the administration. The commission shall hold public hearings for the purpose of receiving testimony.

D. On request of the borough mayor, the commission may fully investigate nuisances, health hazards and other harmful effects related to or caused by air pollution.

E. The commission may develop or review comprehensive plans for the prevention, abatement, and control of air pollution in the borough. Such plans may include recommendations on subjects including, but not limited to, transportation control measures, zoning, taxation, research, and public relations.

F. The commission shall act as a hearing board on appeals on matters relating to the air quality program.

G. The commission shall hear variance requests as set forth in FNSBC Title 21. (Ord. 2017-44 § 8, 2017; Ord. 2016-40 § 21, 2016; Ord. 2015-01 § 6, 2015; Ord. 2012-61 § 5, 2012; Ord. 2010-28 § 3, 2010; Ord. 2010-02 § 2, 2010; Ord. 94-049 § 6, 1994; Ord. 71-10, 1971. 2004 Code § 2.48.120.)


1

    For statutory provisions authorizing municipalities to regulate air pollution control, see AS 29.35; for provisions setting minimum standards for borough air pollution control, see AS 46.14.