Ordinance No. 84-24 CITY OF TIGARD, OREGON
ORDINANCE NO. 84-,2_j_
AN ORDINANCE AMENDING ORDINANCE NO. 83-52 VOLUME 1, RESOURCE DOCUMENT; VOLUME
II FINDINGS, POLICIES AND IMPLEMENTATION STRATEGIES; AND VOLUME III COMMUNITY
DEVELOPMENT CODE TO INCORPORATE CHANGES RECOMMENDED BY THE OREGON STATE
DEPARTMENT OF ENVIRONMENTAL QUALITY.
WHEREAS, the Tigard City Council adopted Volume 1, Resource Document; Volume
II, Findings, Policies and Implementation Strategies; and Volume III, the
Community Development Code by Ordinance No. 83-52 on November 9, 1983; and
WHEREAS, the Oregon State Department of Environmental Quality has reviewed the
City's Comprehensive Plan and recommended changes; and
WHEREAS, the Planning Commission held a public hearing to consider the
recommended changes on April 3, 1984; and
WHEREAS, the Planning Commission voted unanimously to forward a recommendation
to the Council to approve the changes with a recommendation that something be
included in the plan regarding the capacity of the Durham Waste Treatment
Plant
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1• Volume 1, Resource Document shall be amended as follows, with
bracketed .items ([]) deleted and with underlined items ( ) being added:
Insert on page I-123 as the last paragraph in the Air Quality Section the
following paragraph:
"The Department of Environmental Quality has instituted a new source
review program. This program ensures that major new or modified
industrial sources will not violate ambient air quality standards or
Prevention of Significant Degradation (PSD) increments.
Requirements are more stringent for sources located in or near
nonattainment areas (such as Tigard)."
Insert as second paragraph under Jurisdiction Coordination on Page I-116 the
following:
"The Department of Environmental Quality issues Air Contaminant
Discharge Permits (RCDP) and Indirect Source Construction Permits
(ISCP). The Department administers a new source review program for
major industrial sources of air pollution to ensure that air quality
standards and PSD increments will not be violated. Requirements are
more stringent for sources located in or hear nonattainment areas."
ORDINANCE NO. 84 t� PAGE 1
Amend the first paragraph under Air Quality on Page I-117 to read as follows:
' "Tigard is within Portland's airshed described as the Portland Air
Quality Maintenance Area (AQMA) which is a designated nonattainment
area. In July, 1982, the Corbon Monoxide (CO) nonattainment area
(NAA) boundaries were reduced so that Tigard is no longer in the CO
NAA. Tigard is also outside the Total Suspended Particulate (TSP)
NAA. Within the Portland AQMA, the Metrpolitan Service District
(hSD) is the lead agency responsible for pollution reductin programs
aimed at carbon monoxide (CO) and photochemical oxidants (Ox), of
which the primary element of concern is ozone (03). The
responsibility of pollution reduction programs with total suspended
particles (TSP) is the Department of Environmental Quality (DEQ).
MSD and DEQ inventory pollutants and make recommendations for
controls and strategies to the Air Quality Advisory Committee,
composed of representatives from the jurisdictions, interests groups
and the public at large within the AQMA."
Insert at the end of the second paragraph on page I-120 the following sentence:
"The air quality trends represent statistically significant trends
in measured air quality without regard to mitigating circumstances
such as meteorology or economy. They are based on annual average
data collected over the period 1977-81 and are reported only if
significant at the 90% confidence level. TSP and Ozone appear
unchanged while CO appears to be increasing."
On page 1-121 amend the following by deleting and adding the following
material after item #12:
"[At present, the DEQ is prohibited from regulating home hearing
devices, including wood stoves and fireplaces. However, the
t Department is considering several options to resolve the problem of
growing emissions from household wood heating. These are: ]
"[1. Conduct a statewide voluntary wood stove emission rating and
labeling program. This would provide the consumer with a means of
comparing appliances based on their actual test performance.]
"[2. Provide a consumer pollution control tax credit for installing
new or replacement clean-burning stoves.]
"[3. Conduct an Emission Performance: Certification Program. This
would allow only clean-burning appliances to be sold.)"
"Oregon HA 2235 authorizes a mandatory certification program for all
new woodstoves sold in the State after July 1, 1984. DEQ is now
developing woodstove emission standards and test criteria."
Section 2: Volume 2, Findings, Policies and Implementation Strategies shall
be amended as follows, with bracketed items M) deleted and with underlined
a items ( ) being added:
ORDINANCE NO. 84--idi PAGE 2
' •e
Under 4.1 Air Quality Findings on Page II-23 amend the third paragraph as
follows:
"The City of Tigard lies within the Portland-Vancouver Interstate
Air Quality Maintenance Area (AQMA). This area is described in the
draft State Implementation. Plan (SIP) for air quality, published
jointly by the Department of Environmental Quality and the
Metro,:ni'.ran Service District in April, 1979. The draft Stat
Implementation Plan (SIP) shows t;.at the entire AQMA is in
nonattainment for meeting the recently revised federal ambient air
quaity standards for ozone and is predicted to remain in
nonattainment to at least 1987 unless additional control measures
are undertaken. [MSD and DEQ are developing a regional control
strategy to bring the metropolitan area into attainment by 1987.1
The final ozone control strategy for the Portland-Vancouver AQMA was
adopted in July, 1982, and is predicted to bring the area into
attainment with the standard b 1987."
On page II-24 top of page, amend the first paragraph as follows:
"The draft SIP also projects nonattainment in 1982 for CO (near
Highway 99W). [The City of Tigard is aware of these potential
problem areas and will work with MSD to better quantify the extent
of these problems.]" The final carbon monoxide control strategy of
the Portland-Vancouver AOM�Awas adopted in July 1982. While the
area in Tigard near Highway 99W is still a problem, modeling
h redacted that the area will be in attainment."
Section 3: Volume III, Community Development Code, shall be amended as
follows, with bracketed items ([]) deleted and with underlined items ( )
being added:
Section 18.90.020(B) on page III-147 be amended to read as follows:
"Prior to issuance of a building permit, the Director may require
submission of evidence demonstrating compliance with State, Federal
and local environmental regulations and receipt of necessary
permits. Air Contaminant Discharge Permits (ACDP) or Indirec
Source Construction Permits (ISCP). t
Section 18.90.040 Visual Emissions on page I1I-148 amend the paragraph by
adding this sentence to the end:
"DEQ rules for visible emissions (340-21-015 and 340-28-07-----------------
0) apply '�
Section 18.90.060 Odors on page III-148 amend the paragraph by adding the
following sentence to the end:
01DEQ rules for (340-028-090)
Section 18.106.015 (A) on page III-173 amend the paragraph by adding the
followingsentence to the end:
"An Indirect Source Construction
Permit is re uired for,marking
facilities havin 250 or morn arkin s aces."
ORDINANCE NO. 84 LJ - PACE 3
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Section 4: Inasmuch as it is necessary for the peace, health and safety of
the people of the City of Tigard that this amendment be made with the least
possible delay, an emergency is hereby declared to exist, and this ordinance
shall become effective immediately upon passage by the Council and approval by
the Mayor.
PASSED: By �;,,� tr«v ._S vote of all Council members present after
being read by number and tittle only, this �i day
y
of no ,! 1984.
Deputy City Recor ei - Cit of Tigard
APPROVED: This 3J day of 1984.
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Mayor pro tem - City of Tigard
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ORDINANCE 170, 84 _ PAGE 4