Chapter 2.48
AIR POLLUTION CONTROL COMMISSION1
Sections:
2.48.010 Created – Members – Appointment.
2.48.020 Members designated.
2.48.030 Ex officio members.
2.48.040 Chairman and vice chairman.
2.48.050 Terms of office.
2.48.060 Vacancies.
2.48.070 Removal for cause.
2.48.080 Regular meetings.
2.48.090 Special meetings.
2.48.100 Quorum.
2.48.120 Powers and duties.
2.48.130 Public hearings.
2.48.010 Created – Members – Appointment.
There is created the Fairbanks North Star Borough I/M and air pollution control commission, which shall consist of nine voting members. Such members shall be appointed by the borough mayor, subject to confirmation by the assembly. (Ord. 2004-15 § 2, 2004; Ord. 98-50 § 2, 1998; Ord. 94-049 § 3, 1994; Ord. 93-014 § 3, 1993; Ord. 71-10, 1971; prior code § 45.05.040)
2.48.020 Members designated.
The commission members shall be borough residents and, insofar as practicable, shall include the following:
A. Two owners or operators of I/M certified stations;
B. Two I/M certified mechanics currently employed at I/M stations;
C. Five members at large.
It is the intent of this section that the I/M station owners, operators and mechanics will be appointed from different stations, so that no two commission members shall be employed by, or have an ownership interest in, a common station. (Ord. 2004-15 § 3, 2004; Ord. 98-050 § 3, 1998; Ord. 94-049 § 4, 1994; Ord. 93-014 § 4, 1993; Ord. 71-10, 1971; prior code § 45.05.040(a))
2.48.030 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;
C. The borough community planning director;
D. The chairman of the borough planning commission;
E. The borough attorney. (Ord. 94-049 § 5, 1994; Ord. 86-017 § 29, 1986; Ord. 71-10, 1971; prior code § 45-05.040(b))
2.48.040 Chairman and vice chairman.
The commission shall select its chairman and vice chairman from its own voting members. (Ord. 71-10, 1971; prior code § 45.05.040(c))
2.48.050 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; prior code § 45.05.040(d))
2.48.060 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; prior code § 45.05.040(e))
2.48.070 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; prior code § 45.05.040(f))
2.48.080 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; prior code § 45.05.040(g))
2.48.090 Special meetings.
Special meetings may be called upon two days’ notice to the members of the commission; however, emergency meetings may be called on less than two days’ notice. Special meetings may be called by any two voting members, by the commission chairman or by the borough mayor. (Ord. 71-10, 1971; prior code § 45.05.040(h))
2.48.100 Quorum.
A majority of the commission shall constitute a quorum for the transaction of business and five affirmative votes shall be necessary to carry a question. (Ord. 2004-15 § 4, 2004; Ord. 93-14 § 6, 1993; Ord. 71-10, 1971; prior code § 45.05.040(i))
2.48.120 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 shall, upon issuance of an emergency order by the officer pursuant to FNSBC 8.04.081, hold a hearing within 24 hours of the issuance of the emergency order. According to the provisions of FNSBC 8.04.081, the commission may affirm, modify, or set aside the order of the officer.
C. 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.
D. The commission shall review proposed revisions of regulations or other criteria related to the air and I/M program and make recommendations to the administration. The commission shall hold public hearings for the purpose of receiving testimony.
E. 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.
F. The commission shall develop 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, vehicle inspection/maintenance (I/M), transportation control measures, zoning, taxation, research, and public relations.
G. The commission shall act as a hearing board on appeals on matters relating to the I/M program.
H. The commission shall review I/M fee schedules proposed by the director of the borough transportation department and advise the mayor as to the appropriateness of those fees.
I. The commission shall, in cooperation with the I/M program administrator, promote continuing education related to the I/M program.
J. Promote and encourage research and demonstration of current methods and procedures for I/M testing.
K. Recommend acceptable criteria for I/M testing to the program administrator and advise the transportation department as to needed changes in regulations or ordinances related to the I/M program. (Ord. 94-049 § 6, 1994; Ord. 71-10, 1971; prior code § 45.05.040(k))
2.48.130 Public hearings.
A. On those matters which require a public hearing, the commission shall adopt such procedures as shall most effectively assure full participation by all interested persons. The time, place and agenda of the hearing shall be published in a newspaper of general circulation within the borough not less than five days prior to the hearing. For the purposes of this section no hearing on any subject shall be held unless the subject has been included in the published agenda. This subsection shall not apply to emergency hearings held according to the provisions of FNSBC 8.04.081.
B. Any person who will be specifically affected or whose property will be specifically affected by action of the commission at a hearing shall be given, whenever practicable:
1. Five days prior to the hearing, notice of the hearing date, time, and place;
2. An opportunity to be heard at the hearing; and
3. A written decision of the commission with findings and conclusions respecting that person or his property. (Ord. 71-10, 1971; prior code § 45.05.040(l))
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.