Chapter 21.12


21.12.010    Definitions.

21.12.020    Purpose.

21.12.030    Unlawful acts.

21.12.040    Penalty for violations.

21.12.010 Definitions.

Borough” means the Fairbanks North Star Borough.

Mandate” includes, but is not limited to, cases where sanctions of any kind are proposed for failure to adopt an oxygenated fuel program.

Oxygenated fuel” means a fuel that:

1. Contains an average of 2.7 percent oxygen by weight for the control period; and

2. Contains at least 2.0 percent oxygen by weight. (Ord. 94-018 § 2, 1994. 2004 Code § 8.06.020.)

21.12.020 Purpose.

The purpose of this chapter is the protection of health and safety of the residents of the Fairbanks North Star Borough from problems caused by the use of oxygenated fuel.

It establishes a zero tolerance local ambient air quality standard as provided for by 42 USC 7545(M)(3). (Ord. 94-018 § 2, 1994. 2004 Code § 8.06.010.)

21.12.030 Unlawful acts.

A. No public official or government entity may cause or enforce mandatory sales and use of oxygenated fuel within the borough.

B. This chapter shall remain in effect until such time that the federal, state and borough governments certify, in conjunction with independent peer-reviewed scholarly confirmation, that the oxygenated fuel to be used in the Fairbanks North Star Borough is not harmful to the health and safety of borough residents and their environment. (Ord. 94-018 § 2, 1994. 2004 Code § 8.06.030.)

21.12.040 Penalty for violations.

A. Nothing in this chapter shall prohibit the Fairbanks North Star Borough from taking civil action for violations of any provisions of this chapter.

B. Nothing in this chapter shall prohibit individuals from taking civil action for violations of their rights or for the compromising of their health and safety. (Ord. 94-018 § 2, 1994. 2004 Code § 8.06.040.)