§ 3809.

RULES AND REGULATIONS

a.

Adoption of Rules. The Director may adopt, and may thereafter amend, rules, regulations and guidelines that the Director deems necessary to implement the provisions of this Article. For the purposes of this Article, a public hearing before the Health Commission shall be held prior to the adoption or any amendment of the rules, regulations and guidelines recommended for implementation, including creation and amendments to update the Potential Roadway Exposure Zone Map. In addition to notices required by law, the Director shall send written notice, at least 15 days prior to the hearing, to any interested party who sends a written request to the Director for notice of hearings related to the adoption of rules, regulations and guidelines pursuant to this Section.

In developing such regulations, the Director shall consider, inter alia, State and federal statutes, regulations and guidelines pertaining to the health effects of roadway air pollutants. The Director shall also consult with the Planning Department’s Environmental Review Officer at least 30 days prior to initiating any amendments or modifications to these rules or regulations, including changes to the Potential Roadway Exposure Zone Map, and shall seek such officer’s concurrence on any proposed change.

The Director shall also, from time to time, consult with the Green Building Task Force, to coordinate and resolve any potential conflicts that may arise between the Green Building Ordinance and this Ordinance.

b.

Guidelines for Regulations. Rules, regulations and guidelines may address among others, the following subjects:

1.

Minimum standards for acceptable Air Quality Assessment tests. The minimum standards shall be designed to assist interested persons including, but not limited to, the Director of the Department of Building Inspection, other state and local public agencies and licensed design professionals, to evaluate whether analyses, other than those required by Section 3806(a) must be conducted to detect the presence of harmful roadway air pollutants;

2.

Minimum education and experience requirements for the persons who prepare Air Quality Assessments pursuant to Section 3806(a) and Ventilation Proposals pursuant to Section 3807; and

3.

Creation and Periodic Updates of the Potential Roadway Exposure Zone Map.

History

(Added by Ord. 281-08, File No. 080934, 12/5/2008)

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