§ 32-3. Moratorium on construction or installation of biohazardous waste incinerators and facilities.

(a)

Moratorium. For a period of not to exceed six (6) months from June 12, 1992, or for the period it takes to adopt an ordinance regulating biohazardous waste incinerators and facilities, whichever period is shorter, no biohazardous waste incinerator or facility shall be constructed or installed within Orange County, and no license or permit shall be issued for any such incinerator or facility.

(b)

Construction. This section shall not be construed so as to prevent the continued operation of biohazardous waste incinerators and facilities which were operating and were appropriately licensed or permitted to operate within Orange County on or prior to March 10, 1992. As used in this section, the terms "construction" and/or "constructed" shall not prohibit the appropriately licensed business of manufacturing biohazardous waste incinerators at a facility for sale or lease to a third party to be used at a site other than the manufacturing site. However, in all cases, the connection, setup and/or installation of a biohazardous waste incinerator for on-site operation shall constitute "construction" under this section.

(c)

Application. This section shall apply in the unincorporated and incorporated areas of Orange County.

(d)

Vested rights. In recognition that the constitutionally protected "property rights" of some individuals to proceed with the construction of biohazardous waste incinerators may be vested, Orange County, as part of the biohazardous waste incinerator ordinance, which is proposed to be adopted during the six-month moratorium imposed by this section, shall include provisions which set forth procedures for the determination and recognition of such vested rights as may exist. Those procedures shall at a minimum include:

(1)

Applicable legal principles and standards by which vested rights may be recognized; and

(2)

The establishment of an independent hearing officer before whom an applicant for vested right shall be entitled to have a hearing.

(Ord. No. 92-17, §§ 1—4, 6-2-92)