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To provide for the promotion and protection of the health of county residents and to assign responsibility for administration of public health laws, regulations and programs.

1. "Department" refers to the Health Department of the County of Weber.
   
   
2. "Health Council" - governing body of the Health Department, sometimes referred to as the Board of Health. The Health Council is the regulator agency authorized to make countywide rules and regulations as provided in the Utah Code Annotated Section 26-24-20 (1953), and to exercise powers specified in Section 26-24-14 (1953).
   
   
3. Except as may otherwise be indicated, words contained in this ordinance shall have the same meaning as such words have when employed in a similar context in the Public Health Code in Utah Code Annotated Title 26, Chapter 24 (1953).


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The Department shall consist of:


1. A Health Council comprised of five members who shall be appointed by the County Commissioners in accordance with Utah Code Annotated Section 26-24-20 (1953), as amended. (Reference: Resolution of the Board of County Commissioners endorsing establishment of a full-time county-wide health department, dated September 12, 1962, and adoption thereof by the electorate on November 6, 1962, as reflected in records of the County Clerk, in compliance with Utah Code Annotated Section 26-24-20 (1953), as amended.)
   
   
2. A Health Officer, designated the Director of Public Health, who shall be a medical doctor appointed by the Health Council with approval of the County Commissioners to function as chief executive and administrator of the department.
   
   
3. A public health staff comprised of such professional and other personnel as may be necessary and duty authorized to accomplish the department mission.

The department shall have jurisdiction in matters of public health throughout Weber County, including incorporated areas. Powers and duties shall be as stated in Utah Code Annotated Section 26-24-14 (1953), as amended, and an successor, supplemental, or qualifying legislation; and, such further powers and duties as may, from time to time, be specified by the Health Council or the Board of County Commissioners.

Pursuant to Utah Code Annotated Section 26-20-24 (1953), the rules and regulations passed by the Health Council have the effect of law. Three copies of such rules and regulations shall be filed for use and examination by the public in the office of the Clerk of Weber County, Utah.

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This ordinance is adopted for the purpose of reducing air pollution levels in Weber County by requiring annual inspections of in-use motor vehicles and by requiring emission related repairs and/or adjustments for those vehicles that fail to meet prescribed standards so as to:


1. Protect and promote the public health, safety and welfare;
   
   
2. Improve air quality;
   
   
3. Comply with EPA federal regulations contained in the Clean Air Act Amendments of 1990, PL 95-95, PL 95-190; and
   
   
   1. Weber County is violating Air Quality Standards for Carbon Monoxide.
   
   
4. Comply with the law enacted by the Legislature of the State of Utah, Sections 41-6-163.3 and 41-6-163.7 Utah Code Annotated, 1953, as amended, which requires:
   
   
   1. A standardized Inspection and Maintenance program
      
      
   2. Reciprocity between counties
      
      
   3. Computerized testing equipment
      
      
   4. Mechanic certification
      
      
   5. Entering into an Interlocal Cooperation Act Agreement
   
   

For the purpose of this ordinance the following terms be defined as:


1. Computer Testing Equipment. Computer-based emissions analyzers are required for implementation of reciprocal standardized I&M programs. Utah's analyzer will record both emissions and safety data during the inspections. The analyzer will read the emissions levels and pass or fail vehicles solely on the basis of compliance with County program standards.
   
   
2. County. Weber County, Utah.
   
   
3. Department. The Weber-Morgan Board of Health and the staff of the Weber-Morgan District Health Department.
   
   
4. Director. The Director of the Weber-Morgan District Health Department or his authorized representative.
   
   
5. E.P.A. Environmental Protection Agency. The federal agency which enforces the National Ambient Air Quality Standards, known as the Clean Air Act.
   
   
6. I&M Program. Vehicle Emission Inspection and Maintenance Program for Weber County.
   
   
7. Interlocal Cooperation Act. Requirement between Davis, Salt Lake, Weber and Utah Counties to have a health representative from each county form an advisory board to review, update and maintain reciprocal I&M programs.
   
   
8. Mechanic Certification. County I&M programs must adopt provisions - to allow I&M mechanic certification reciprocity. An I&M mechanic certified in one county will be certified in the other counties by application without the necessity of additional classes or tests. Common I&M mechanic curriculum will be adopted to ensure that mechanics in all I&M counties will receive the same information.
   
   
9. Reciprocity. Vehicle owners may have their vehicle emissions inspection performed at an I&M station along the Wasatch Front regardless of the county or registration. Vehicles may be tested in accordance with the standards required by the county in which the vehicle will be registered.
   
   
10. Standard Inspection & Maintenance Program. Weber County, in conjunction with other I&M Counties, must adopt standardized I&M Rules and Regulations. Weber County is required to implement an I&M program by January 1, 1992. Uniform emission levels must be adopted which will be as stringent as the lowest EPA established cut points of the four programs.
    
    
11. State. Utah Department of Health, Bureau of Air Quality. Agency responsible to develop and submit the State Implementation Plan. The plan formulates the air quality requirements necessary to achieve EPA ambient air standards in Utah.

1. The legislative body of Weber County is presently required by the EPA and the State to implement an I&M program.
   
   
2. The Weber County Commission authorizes and directs the Weber-Morgan Board of Health and the Director of Health to adopt and promulgate rules and regulations to ensure compliance with EPA and State requirements with respect to Emission Standards and
   
   
   1. Authorizes a one dollar fee to be assessed upon every motorized vehicle registered in Weber County at the time of registration (beginning January 1, 1994) to be known as the Air Pollution Control Fee.
      
      
      1. An additional nine dollar ($9) emission's control fee will be charged to those individuals registering diesel vehicles. The fee will be reduced to one dollar ($1) upon implementation of a diesel emission's control program in Weber County.
         
         
      2. The Air Pollution Control Fee will be waived on government owned vehicles.
      
      
   2. The Vehicle Emissions Inspection and Maintenance Program is subject to continuing review by the Weber County Commission.
      
      
   3. The Weber County Commission hereby delegates its authority as an administrative body "under 41-6.163.6 U.C.A., 1953, as amended, to the Weber-Morgan Board of Health, to address all issues pertaining to the adoption and administration of the Vehicle Emission I&M program.

1. The Weber-Morgan Board of Health in conjunction with the staff of the Weber-Morgan District Health Department will administer and enforce this ordinance.
   
   
2. The Weber-Morgan District Health Department shall adopt Vehicle Emission I&M Rules and Regulations by January 1, 1992, which meet State and EPA requirements.
   
   
3. Weber-Morgan District Health Department shall establish fees for official I&M Stations and I&M Station Mechanic permits and Emission and Waiver Certificates as necessary to sustain and operate an I&M Program. Said fees will be subject to review and change to maintain uniformity with the other I&M Counties.
   
   
4. This ordinance will rescind Resolution No. 45-90, dated November 7, 1990, which authorizes the Weber-Morgan Board of Health to begin implementation of an I&M Program in Weber County.

If any provisions, claims, sentence, or paragraph of this ordinance shall be held to be invalid, such invalidity shall not affect the other provisions of this ordinance.

This ordinance shall become effective 15 days after the enactment by the Weber County Board of Commissioners.

Passed, adopted and ordered published this 21st day of September, 1994.