HomeMy WebLinkAbout336 07-23-1968ORDINANCE NO. 336
AN ORDINANCE PROVIDING FOR AIR POLLUTION CONTROL
KNOWN AS THE CLEAN AIR ORDINANCE OF THE CITY OF
EULESS, TEXAS; PROVIDING FOR AN AIR POLLUTION
CONTROL DIVISION; PROVIDING FOR DEFINITIONS;
PROVIDING FOR POWERS, DUTIES AND JURISDICTION
OF DIRECTOR; PROVIDING FOR ADOPTION OF STATE
BOARD REGULATIONS CONTAINING AMBIENT AIR AND
EMISSION STANDARDS; PROVIDING FOR SLVEKABILIIY;
PROVIDING FOR ENFORCEMENT AND PROVIDING A PENALTY.
WHEREAS, the governing body of the City of Euless finds that
emissions of smoke, of suspended particulate matter and of gaseous
air contaminante present a source of danger to the health, safety
and general welfare of the inhabitants of the City of Euless, and
the governing body is of the opinion that an air pollution control
ordinance should be enacted to protect the inhabitants thureuf;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF I-HE CITY
OF EULESS, TEXAS:
Section 1. That a Clean Air Ordinance be and it is hereby
enacted which shall hereafter read as follows:
ARTICLE I
SHORT TITLE AND GENERAL DEFINITIONS
Section 100. Short Title. This ordinance is known as the Clean Air
Ordinance of the City of Euless, Texas.
Section 101. Air Pollution Control Division. There is hereby created
an Air Pollution Control Division in the Department of Inspections of
the City of Euless, Texas.
Section 102. Definitions.
(a) "Air Contaminant." Any smoke, soot, fly ash, dust, cinders,
dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, ud�rs,
toxic or radioactive substances, waste particulate, solid, liquid or
gaseous matter, or any other materials in the outdoor atmosphere, 1-A
excluding uncombined water.
(b) "Air Pollution" means the presence in the outdoor atmosphere
of one or more a i r contaminants or comhi nat i,ms t hur� � 1 , ill �,uc h
concentration and of such duration as are ur may Lend to he iniuri,m,
to or to adversely affect humans, animal life, vegetation or property,
or as to interfere with the normal use and enjoyment of animal life,
vegetation or property.
(c) "Person" is any individual, partnership, co- partnership, firm,
company, corporation, association, joint stock company, trust, estate,
political subdivision, or any other legal entity, or their legal repress ,-,,-
atives, agents or assigns.
(d) "Control Director" shall be the person holdin( such pnsitinn
as designated by the City Manager of the City (4 Eulc ,,•,.
(e) "State Board" means the Texas Air Control Board.
(f) "Act" means the Clean Air Act of Texas, Chapter 727(_, '0th
Legislature in regular session, 1967.
(g) "Emission" means the release into the outdoor atmosphere of
air contaminants.
(h) "Ambient Air Standards" means the standards for the ouLd�ur
atmosphere established in Article III of this ordinance.
(i) "Waste Material" means refuse; garbage; rubbish; other solid
or liquid wastes and useless, unused, unwanted or discarded materials.
(j) "Source" is any and all points of origin of the items dcfined
in Section 102 (a).
(k) " Property" means any freehold interest in land.
ARTICLE II
GENERAL PROVISIONS
Section 201. Duties of the Control Director. The Control Director
shall perform or cause to be performed the following duties:
(a) Administer and enforce all laws, ordinturc(:s, rules and ruyula-
tions pertaining to air pollution as provided in this ordinance.
(b) Request that necessary legal proceedings be instituted to
prosecute violations of this ordinance and compel the prevention and
abatement of air pollution or of a nuisance arising therefrom.
(c) Examine and approve, or disapprove, the plans for
(1) equipment for the conxnercial burning of waste material
or for the burn i ng of waste m a t o i a I c u 1 lc( l cd by I hu
City waste material collection system;
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(2) equipment designed for burning fuel in commercial and
industrial activities; and
(3) equipment installed, repaired, constructed, reconstructed,
altered or added to, to control or reduce air pollution
from commercial, industrial, manufacturing and municipally -
operated activities, other than from motors and engines
used in propelling land, water and air vchic.lc -s; and
(d) Make periodic inspections of the equipment described in Section
201 (c) to determine whether it is in compliance with the provisions
of this ordinance.
(e) Investigate complaints of violations of this ordinance, make
inspections of sources and ambient air conditions, and maintain a
record of the investigations, complaints, inspections and observations
conducted.
(f) Promulgate such rules and regulations as may be reasonable
and necessary to carry out the intent of this ordinance to insure all
sources of air pollution within his jurisdiction comply with the stand-
ards in this ordinance. A copy of such rules and regulations shall be
filed with the City Secretary and shall constitute a public record.
(g) Encourage voluntary cooperation by persons affected groups
in the preservation and regulation of the purity of the outdoor atmosphere.
(h) Collect and disseminate information to the public on air
pollution.
(i) Work with planning and zoning agencies for the purpose of
coordinating activities under the provisions of this ordinance with
planning and zoning activities, and foster the best possible management
of the air resources of the City of Euless, Texas.
(j) Cooperate and work with Federal, State, county, municipal.
and other agencies concerned with air pollution to insure that the
air resources of the City of Euless, Texas will be conserved and
improved.
(k) Perform such other functions as may be necessary to carry
out effectively the duties and responsibilities imposed on the Control
Director in this ordinance.
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Section 202. Variance by Control Director - Revocation.
(a) Whenever it is found by the Control Dire t,t.or, up vii pru�c:ntuti,ni
of adequate proof, that compliance with any provision of this ordinar --c.,
will result in an arbitrary or unreasonable taking of property or
in the practical closing or elimination of any lawful business, occupation
or activity, in either case without correspondintj benefit or advanta c:
to the owner, lessee or operator of such business, occupation or activity,
the Control Director may grant individual variances beyond the limits
provided in this ordinance with such variances pertaining only to air
contaminants which are not regulated by the Act or ru12, rCntiIiLion5
or orders of the State Board.
(b) Any variance granted pursuant to this section shall be granted
for such period of time as shall be specified by the Control Director
at the time of the grant and may be revoked by the Control Director
upon the failure of the holder of such variance to abide by and operate
in accordance with the terms and conditions of such variance.
Section 203. Jurisdiction of the Control Director.
For the purposes of enforcing
ordinance, the Control Director of
within the corporate limits of the
referred to as the "base area" and
limits of said city to abate any n
of this ordinance.
the standards prescribed in this
a Home Rule City has jurisdiction
City of Euless, Texas hcreinaflcr
within 5,000 feet beyond the corporate
uisance arising from the violation
Section 204. Required Data and Data Control.
(a) The Control Director may, from tine Lo time, ruduiru the
owner, lessee or operator of all sources and suspected sources in the
City's base area to submit data on the sources for the purpose of
evaluating the air pollution potential within the base urea.
(b) Any data and information identified as confidential when sub-
mitted, relating to secret processes or methods of manufacture or pro-
duction, shall not be disclosed without the written consent of the
person submitting it.
ARTICLE III
AMBIENT AIR AND EMISSION STANDARDS
Section 301. Adoption of State Board Regulations.
(a) The City of Euless, Texas hereby adopts as the ambient air
and emissions standards for the area within the hounc1,11-iW� MAd jurisdiction
of this City the regulations of the State board tMcnncr.rLud below. To
the extent of any conflict between the re -julations and this ordinance, the
regulations of the State Board shall. prevail. The following regulations
of the State Board are incorporated herein by refcrencc as fully and
completely as if set forth in full herein;
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(1) General Provision-, of the Board',, Re, I(iIMiOn•,.
(2) Regulation I, Control of Air Pollution from
Smoke and Suspended Particulate Matter.
(3) Regulation II, Control of Air Pollution
from Outdoor Burning.
(4) Regulation III, Control of Air Pollution
from Sulphur Compounds.
(5) Regulation IV, Control of Air Pollution
from Motor Vehicles.
(b) On or before the effective date hereof, Lhe Control Dirc:(,Lc)r
shall file a certified copy of each of the fore,,oiny regulations certifies
by the Executive Secretary of the Texas Air Control Board with the
City Secretary, who shall maintain same as a public record available
for inspection. '
(c) The City of Euless, Texas hereby expressly reserves the bower
to adopt regulatory ordinances or any aspect of the subjects dealt
with in the foregoing regulations and on any other air contaminant to
the extent not covered therein. The City also expressly reserve, the
privil'egrof adopting and using such methods of measuring the levels
of air contaminants in the atmosphere and the emissions from any source
as are authorized in the regulations.
Section 302. Air Contaminants and Activities Not Covered by State Board.
Regulations. The City of Euless, Texas adopts the following ambient air
and emission standards for the air contaminants and activities specified
below for the base area of the City.
(a) Specific Air Contaminants.
The maximum acceptable concentration in the ambient air of this
city of each air contaminant named in Column I is set forth in
Column II. The maximum acceptable emission in the air of phi,, city
of each air contaminant named in Column I is set forth in Column III.
When the emission is measured by a high volume air sampler, the level
of emission shall be determined on the basis of the difference between
the upwind level and the downwind level of the air contaminant for
the property.
Column I
(1) Sulfuric Acid Mists
(2) Lead Compounds
(3) Hydrogen Fluoride
(4) Beryllium
(5) Hydrocarbons
Total hydrocarbons
shall be the sum of
the concentrations of
C and higher saturated
and unsaturated hydro-
carbons as measured by
yas chromoto,raphy.
(6) Carbonyls
Total carbonyls shall
include aldehydes and
ketones calculated as
formaldehydes. Each
carbonyl group is
deemed equivalent to
one molecule of
formaldehyde.
Column II Column
12 ug /m3 (Micrograms
per cubic meter) 24
hourly average not to he
exceeded on more than
one day in any month.
30 ug /ms - one hour
average not to be
exceeded durinj more
than one hour in any
week.
5 ug /m3 of air average 5 ug /m3 of air average
over any 30 -day period. over any 30 -day period.
1 ppb of air by volume 1.5 ppb of air ')y
over any 24 -hour period volume
0.01 ug /m3 of air 0.01 uq /m3 of air avera,_e
average over any 24- over any 24 -hour period.
hour period
3.0 ppm (parts per
million) - total
Hydrocarbons
2
(a) Non - Methane Hydro-
carbons - 1 . 5 pp; i.
1 0 ppm of a i r I >y vo 1 uf,e
1 0
(7) Odors
Procedures for measure-
ment sha 1 I be 1 hot,e
specified in "Standard
Methods for odors in the
Atmosphere ", American
Society for Testing of
Materials (ASTM) 1351 -57.
(8) Carbon Monoxide 10 ppm for 3' hours or
30 ppm for 1 hour.
(9) Ozone 0.1 ppm (one hour
average) not to be
exceeded on more than
3 days per year.
(10) Visible Emissions
2 odor units determined
after dilution of the
emission being measured
W t11 , -in (�(lu. I v(,Itil:lc
of odor free air.
A. A person shall not discharge into the atmosphere from any
single source of emission whatsoever any air contaminant,
which are:
(a) As dark or darker in shade as that designated as No. 2
on the Ringlemann Chart, as published by the U. S.
Bureau of Mines, or
(b) Of such opacity as to obscure an observer's view to a
degree equal to or greater than does smoke described in
subsection (a) above of this rule.
(I1) Particulate Matter from Certain Activities
Open storage and open processing operations, including on -site
transportation movements,which are the source of wind -borne dust or
other particulate matter, and the operation of equipment which gener-
ates suspended particulate matter, such as that used in paint spraying.
grain handling, and gravel processing or storage, or sand blastin.,,
shall be so conducted that dust and other particulate matter is not
transported across the boundary line of the pr�)perty On which the ()perat f�,n
is conducted in concentrations exceeding the limits specified in Reyula-
tion I of the State Board.
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F I
Section 303. Methods and Procedures for Measuring.
When not otherwise specified in this ordinance, the procedures
used for sampling air, determining the concentrations of air contami-
nants in the atmosphere, and for measuring emissions of air contaminants
from any source, and the methods of expressing the findinos shall be
those commonly accepted and employed by recognized authorities in the
air pollution control field.
ARTICLE IV
SPECIAL PROVISIONS
Section 401. General Prohibition.
No person may cause, suffer, allow or permit the emission of- any
air contaminant identified in Article III within the jurisidictional area
of the City of Euless, Texas, as defined in Section 202, except as
provided in this ordinance.
Section 402. Severability.
If any section or provision of this ordinance or the application of
that section or provision to any person, situation or circumstance if
for any reason adjudged invalid, the adjudication shall not affect any
other section or provision of this ordinance or the application of the
adjudicated section or provision to any other person, situation or
circutustances. The City Council declares that it would have adopted the
valid portions and applications of this ordinance without the invalid
part, and to this end the provisions of this ordinance are declared
to be severable.
ARTICLE V
ENFORCEMENT
Section 501. Enforcement - Civil and Criminal
(a) The City of Euless, Texas hereby elects to exercise the
authority vested in it under the Clean Air Act of Texas, 19671 relative
to the enforcement of the Act and this ordinance.
(b) The Control Director, his agents and employees are authorized
to inspect the air and to go in and on public and private property within
the area of his jurisdiction, as defined in Section 202, to determine
whether or not the level of any air contaminant in the area meets the
level set for the air contaminant by the State Board or by this ordinance.
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The Director, his agents and employees may make inspections in the
same manner and under the same provisions and restrictions as are
applicable to the State Board to determine whether or not LIu: cani- ,,,ion
of any air contaminant from any source meets the level set for the air
contaminant by this ordinance or by the State Board, and whether or
not a person is complying this ordinance or with the Act or a rule,
regulation, order or determination of the State Board issued under the
provisions of the Act.
(c) Any person who violates any provision of this ordinance or of
any operating certificate or conditional operating certificate issued
hereunder is guilty of a misdemeanor and upon conviction shall he fined
in a sum of not less than $10.00 nor more than $200.00 and each clay
any violation shall continue shall constitute a separate offense. A
violation of the provisions of this ordinance shall constitute a
nuisance.
(d) The City Attorney is authorized to institute and prosecute
civil actions in-the appropriate district courts, as provided in
Section 13 of the Act, for injunctive relief to prevent any further
violations of this ordinance or of the Act or rules, regulations,
determinations or orders of the Board. Nothin(i herein dcprivw, any
official, agent or employee of the City, the same as any other private
citizen, of the right to file a misdemeanor complaint for a violation
of this ordinance.
(e) It is the policy of the City of Euless, Texas, to the extent
possible under applicable laws and ordinances and within budgetary
limitations, for the officials, agents and employees of the City to
cooperate with the State Board in the air pollution control work of
the State Board.
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PRESENTED AND GIVEN FIRST READING on the 9th day of July ,
1968, at a regular meeting of the City Council of the City of
Euless, Texas; and given SECOND READING, passed and approved on the
23rd day of July , 1968, by a vote of 5 ayes and O
nays at a regular meeting of the City Council of the City of Euless,
Texas.
ATTEST:
City Secretary
APPROVED AS TO
Ci y Attorn y
APPROVED;
Mayor