§ 1041-7. EJ Standard  


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  • The EJ Examiner shall determine whether a Proposed Project will have a "material, cumulative adverse impact" on the health or the environment of the community within which the Proposed Project is located. The EJ Examiner shall issue an EJ permit to any Proposed Project that will not have a material cumulative adverse impact. The operation of a Proposed Project without an EJ permit is hereby prohibited.

    A Proposed Project will have a "material, cumulative adverse impact" on the health or the environment of the community within which the Proposed Project is located when operation of a Proposed Project would cause a public nuisance, significantly interfering with a public health or environmental right common to the general public.

    Including, but not limited to the following circumstances, a Proposed Project shall be considered a public nuisance if the EJ Examiner finds there is a reasonable basis to conclude that the proposed project will: 1) cause an excess cancer risk; 2) cause an excess risk of acute health effects; 3) cause an excess risk in the event of an accident; or 4) constitute an Air Pollution Nuisance as defined in OAC 3745-15-07.

(Ordained by Ord. No. 0210-2009, § 1, eff. July 24, 2009)