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HomeMy WebLinkAbout126671 RESOLUTION NO. 12,667 2 3 A RESOLUTION FOR LITTLE ROCK, ARKANSAS, AS A HOST COMMUNITY, TO 4 APPROVE THE PERMITTING OF CONSTRUCTION OR OPERATION OF A NEW 5 LANDFILL WITHIN TWELVE MILES OF AN EXISTING HIGH - IMPACT SOLID WASTE 6 FACILITY, THE LITTLE ROCK LANDFILL; AND FOR OTHER PURPOSES. 7 8 WHEREAS, the City of Little Rock is a Host Community as defined by Arkansas Pollution Control Et 9 Ecology Commission ( "APCEtEC ") Regulation Number 22.205, and 10 WHEREAS as a Host Community, Little Rock is the governmental unit possessing zoning authority 11 encompassed within a twelve -mile radius of the proposed site of the new landfill, and 12 WHEREAS, Little Rock, is permitted to operate the Little Rock Landfill which is a high- impact solid 13 waste management facility that is an open solid waste landfill, and 14 WHEREAS, the Little Rock Landfill is not permitted to recycle, and 15 WHEREAS, there is a rebuttable presumption against the permitting of a new landfill within twelve 16 (12) miles of an existing high- impact solid waste facility as provided by APCEtEC Regulation Number 17 22.204, and 18 WHEREAS, this presumption against the new landfill is overcome pursuant to APCEtEC Rule (2) (iii) 19 that allows consideration of contributions by the facility to the community infrastructure, such as, pro - 20 viding a permitted recycling center. 21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE 22 ROCK, ARKANSAS: 23 Section 1. Little Rock, as the Host Community, accepts the siting of the proposed LEtW Environ- 24 mental, LLC landfill. 25 Section 2. The existence of a permitted recycling facility will greatly enhance the community in- 26 frastructure. 27 Section 3. Severability. in the event any title, section, paragraph, item, sentence, clause, 28 phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such decla- 29 ration or adjudication shall not affect the remaining portions of the ordinance which shalt remain in 30 full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not origi- 31 natty a part of the ordinance. 32 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsis- 33 tent with the provisions of this resolution, are hereby repealed to the extent of such inconsistency in- 34 cluding, but not limited to, Little Rock, Ark., Resolution No. 12,473, § 1 (March 20, 2007). 35 36 Resolution [PAGE 1 OF 3] To approve the presumption against the siting of a recycling facility near the Little Rock Landfill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 ADOPTED: ATTEST: APPROVED* March , 2008 Nancy Wood, (;' y Clerk Mark Stodola, Mayor APPROVED AS TO LEGAL FORM: Thomas M. Carperfier, CitV Attorney [PAGE 2 OF �} Resolution To approve the presumption against the siting of a recycling facility near the Little Rock Landfill