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Ordinance 1971-04 ORDINANCE NO. 71-4 AN ORDINANCE PROVIDING FOR AIR POLLUTION CONTROL KNOWN AS THE CLEAN AIR ORDINANCE OF THE CITY OF WYLIE TEXAS; PROVIDING FOR AN AIR POLLUTION CONTROL DIVISION; PRO- VIDING FOR DEFINITIONS; PROVIDING FOR POWERS, DUTIES AND JUR- ISDICTION OF DIRECTOR; PROVIDING FOR OPERATING CERTIFICATES; PROVIDING FOR REVOCATION OF A CERTIFICATE; PROVIDING FOR APPEAL THEREFROM; PROVIDING FOR ADOPTION OF STATE BOARD REGULATIONS CONTAINING AMBIENT AIR AND EMISSION STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENFORCEMENT; PROVIDING A PENALTY OF NOT MORE THAN TWO HUNDRED DOLLARS ($200~ 00) FOR EACH VIOLATION THEREOF, AND PROVIDING AN EFFEC- TIVE DATE. WHEREAS, the governing body of the City of. Wylie, Texas, finds that emissions of smoke, of suspended particulate matter and of gas- eous air contaminantes present a source of danger to the health, safety and general welfare of the inhabitants of the City of Wylie and the governing body is of the opinion that an air pollution control ordinance should be enacted to protect the inhabitants thereof. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLI~ , TEXAS: On and after the passage of this Ordinance, any person, firm or corporation within the corporate limits of the City of Wylie or within its jurisdiction shall be required to comply with the requirements of this clean air ordinance, to wit: . -1- . 7-10- 1 : ~ 7-10- 2 7-10- 3 7-10- 4 7-l0- 5 7-10- 6 7-l0- 7 7-l0- 8 7-10- 9 7-l0-l0 7-l0-11 '7-l0-l2 7-l0-l3 .; 7-l0-l4 7-l0-l5 7-l0-l6 7-10-17 ~ "-~--~~ CHAPTER 10 CLEAN AIR ORDINANCE DEFINITIONS OF TERMS DUTIES OF THE CONTROL DIRECTOR VARIANCE BY. CONTROL DIRECTOR - REVOCATION JURISDICTION OF CONTROL DIRECTOR REQUIRED DATA AND DATA CONTROL OPERATING CERTIFICATES REVOCATION OF CERTIFICATE APPEAL FROM DENIAL OR REVOCATION OR CERTIFICATE ADOPTION OF STATE BOARD REGULATIONS . AIR CONTAMINANTS AND ACTIVITIES NOT COVERED BY STATE BOARD METHODS AND PROCEDURES FOR MEASURING GENERAL PROHIBITION ENFORCEMENT - CIVIL AND CRIMINAL HEARING BOARD ALL CONFLICTING ORDINANCES~REPEALED SEVERABILITY EFFECTIVE DATE ", -2- .. " I' CHAPTERlO ATR.POLLUTION CONTROL 7-10- l: DEFINITION OF TERMS For the purpose of interpreting this Ordinance, certain words used herein are defined as follows: \ 1. SHALL - The word "shall" wherever used in this Ordinance will be interpreted in its mandatory sense; "may" is permi'ssive. 2. CITY - The word "City" shall be the City of Wylie . Texas, together with all its governing and operating bodies. 3. CITY COUNCIL - The words "City Council" shall be the duly elected governing body of the City of Wylie ., Texas. 4. ADMINISTRATIVE OFFICERS - Any office referred to in this Ordinance by title, i. e., City Manager, City Attorney, City Secretary, City Engineer, Director of Public Works, etc., shall be the person so retained in this position by the City, or duly authorized representative. 6. ENGINEER - cr'he word "Engineer" shall be the City Engineer of the City of Wy11e' I the City's Consulting Engineer, or their duly authorized representatives. . 7. CONTROL DIRECTOR - The words "Control Director" shall mean the person holding such position as designated by the governing body of the City of Wylie 8. STATE BOARD - The words "State Board" shall mean the Texas Air Control Board. 9. ACT - The word "Act" shall mean the Clean Air Act of Texas, Chapter 727g, 60th Legislature in regular session, 1967. -3- .... " lO. PERSON - The word "Person" shall mean any and all persons, natural or artificial, including any individual, firm, company, industry, municipal or private corporation, association," society, governmental agency or other entente and agents, servants or employees. 11. PERMITTEE - The word "Permittee" shall mean that pe~son applying for an operating certificate. 12. AIR CONTAMINANT - The words "air contaminant" shall mean any smoke, soot, fly ash, dust, cinders, dirt, noxious or ob- noxious acids, fumes, oxides, gases, vapors, odors, toxic or radioactive substances, waste particulate, solid, liquid or gaseous matter, or any other materials in the outdoor at- mosphere, but excluding uncombined water. 13. AIR POLLUTION - The words "air pollution" shall mean the presence in the outdoor atmosphere of one or more air con- taminants or combinations thereof, in such concentration and of such duration as are or may tend to be injurious 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. 14. EMISSION - The word "emission" shall mean the release into the outdoor atmosphere of air contaminants. 15. AMBIENT AIR STANDARDS - The wOiL"ds "ambient air stan-- dards" shall mean the standards for the outdoor atmosphere established in Sections 7-10- 9 and 7-l0-10 of this Ordinance. 16. WASTE MATERIAL -The words "waste material" shall mean refuse; garbage; rubbish; other solid or liquid wastes and useless, unused, unwanted or discarded materials. -4- .. 17. SOURCE - The word" source" shall mean any and all points of origin of the items defined in Section 7-10.1 through 12. 18. PROPER TY - The word "property" shall mean any freehold interest in land. 19. CONDITIONAL OPERATING CERTIFICATE - The words "Conditional Operating Certificate" shall mean the following: a) A Temporary Operating Certificate issued to an owner, lessee, or operator of a property who is operating under a variance issued by the State Board, or b) A Temporary Operating Certificate issued by the Control Director to an owner, lessee, or operator of a property i. who is operating under a variance to those specific pro- visions of this Ordinance not covered by the Act or the rules and regulations of the State Board. ",\ -5- . 7-10-2: DUTIES OF THE CONTROL DIRECTOR The Control Director shall perform or cause to be performed the following duties: A. Administer and enforce all laws, ordinances, rules and regulations 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 pre- vention and abatement of air pollution or of a nuisance arising therefrom. C. Examine and approve, or disapprove, the plans for (1) equipment for the commercial burning of waste mate- rial or for the burning of waste material collected by the City waste material collection system; (2) equipment designed for burning fuel in commercial and · industrial activities; and (3) equipment installed, repaired, constructed, recon- structed, altered or adde~ 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 vehicle s; and D. Make periodic inspections of the equipment described in Section 7-10-2-C to determine whether it is in compliance with the~.:provis.ions of this ordinance. -6- !"..J'."'......,,"'__""..__'.,~.~" E. Investigate complaints of violations; of this ordinance, make inspections of sources and ambient air conditions, and main- tain 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 in- sure all sources of air pollution within his jurisdiction comply with the standards in this ordinance. A copy of such rules and regulations shall be fUed with the City Secretary or City Clerk 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 pollu- tion. I. Work with planning and zoning agencies for the purpose of coordinating activities under the provis ions of this ordinance w2th planning and zoning activities, and foster.l the best possible management of the air resources of the City of Wylie 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 Wyl;te_ 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. -7- ,. 7-10-3: VARIANCE BY CONTROL DIRECTOR - REVOCATION Whenever it is found by the Control Director, upon presenta- tion of adequate proof, that compliance with any provision of this ordinance, will result in an arbitary or unreasonable taking of property or in the practical closing or elimination of any lawful business, occupation or activity, in either case without corresponding benefit or advantage to the owner, lessee or operator of such business, occupation or activity, the Control Director may grant individual variances beyond the limits pro- vided in this ordinance with such variances pertaining only to air contaminants which are not regul.ated by the Act or rules, regulations or orders of the State Board. B. Any variance granted pursuant to this section shall be granted A. 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 vari- ance to abide by and operate in accordance with the terms . and conditions of such variance.- . ~. , . . -8- . 7-10-4: A. JURISDICTION OF THE CONTROL DffiECTOR For purposes of enforcing the standards prescribed in this ordinance, the Control Director has jurisdiction within the corporate limits of the City of Wylie hereinafter referred to as the "base area" and within 5,000 feet beyond the '7orpo- rate limits 'of said city to abate any nuisance arising from the violation of this ordinance. -9- 7-10-5: . #; I.:,. REQUIRED DATA AND DATA CONTROL A~ The Control Director may, from time to time, require 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 area. B. Any data and inform ation identified as confidential when sub- mitted',. relating to secret processes or methods of manu- facture or production, shall not be disclosed without the written consent of the person submitting it. , . -lO- 7-10-6: OPERA TING CER TIFICA TES A. The owner, lessee or operator of every property within the base area of the City oJ. Wylie on which a source is located who makes or continues to make emissions after the time of the adoption of this ordinance shall apply to the Con- trol Director for an operating certificate. B. The application shall be signed by the holder, lessee or oper- ator of the property or his agent and, in addition to any other information which the Control Director may reasonably re- quire, shall contain: (l) the name and address of the applicant; if the applicant is other than an individual, the application shall also give the name and address of the Chief Executive Officer of the organization and the name, address and title of the person in chargc of, or rcsponsiblc for, thc property on which the source is located; (2) the address or location of the property on which the source is located; (3) the nature of the process or activity which results or will result in the emissions; and (4) a general description of the quality, characteristics or nature of the air contaminants emitted or to be emitted. C. After receipt of the application, the Control Director shall, within a reasonable ~ime, make or cause to be made an in- .'. spection to verify the conditions of the emis.sions cover~d in the application. I -11- D. The Contr( whether 0) 'irector shall notify the << )t his a:r~' ~....- " 'n for an OF has beent>roved. is based mplies wit trol Dir' or shall is, cant, or the applic; the Act l the rules regard t. conditio} the varic received hereof, t ting cert -~ sour( rating , the app iance to ontrol Di l.:e to the ~ i,cant, in writing, ting certificate source upon ~h application Act and this (lanCe, the Con- n operating ce' i.cate to the appli- .all have l'ece a variance under reg\] 1 ,thus of 5tate Board with 'e C fica 1 Dire ,) the e: ,. if the aJ inance unf 'all issue thorized h ", -12- shall issue a . authorized by ant shall have lection 7-10-3 .nditional opera- \ch variance. 7-10-7: A. REVOCATION OF CERTIFICATE The Control Director shall revoke or suspend an operating certificate or conditional operating certificate upon the failure of the holder of the certificate to comply with the provisions of this ordinance. The Control Director shall also remove or suspend the conditional operating certificate of a holder thereof, whose variance issued by the State Board or by the Control Director either expires, is suspended, revoked or otherwise terminated. Such Notice of such revocation or suspension shall be in writing and may be served upon the holder of sUCh certificate by depositing a copy thereof in the United States mail addressed to such holder at his last known address. -13- .. 7-10-8: APPEAL FROM DENIAL OR REVOCATION OF CER TIFICA TES A. Any person denied an operating certificate or whose operating certificate or conditional operating certificate has been revoked or suspended, has the right to appeal to the ;Hearing Board of the City of Wylie. B. The appeal shall be in writing and shall be filed with the City . Secretary or City Clerk within ten days after the date of is- suance of the notice of the denial of the application for an operating certificate or conditional operating certificate. C. Within fifteen days after the appeal is filed with the ~ity Sec- retary or City Clerk, the governing body shall order a hearing before the Hearing Board to determine whether to sustain the action of the Control Director. or to modify it in any particular. . . , -14- 7-10-9: ADOPTION OF STATE BOARD REGU LATIONS A. The City of , Wy.l J.6 hereby adopts as the ambient air and .I emission standards for the area within the boundarie,s and jurisdiction of this City the regulations of the State Board enumerated below. To the extent of any conflict between the regulations and this ordinance, the regulations of the State Board are incorporated' herein by reference as fully and completely as if set forth in full herein: (1) General Provisions of the Board's Regulations. (2) Regulation I , Control of Air Pollution from Smoke and Suspended Particulate Matter. (3) Regulation II, Control of Air Pollution from Out- door Burning. (4) Regulation II, Control of Air Pollution from Sulphur Compounds. (5) Regul..tion IV, Control of Air Pollution from Motor Vehicles. B. On or before the effective date h.ereof, the Control Director shall file a certified copy of each of the foregoing regulations certified by the Executiye Secretary of the Texas Air Control Board with the City Secretary or City Clerk, .who shall main- tain same as a public record available for inspection. C. The City of Wyl~e hereby e.xpressly reserves the power to adopt regul~tory ordinances or a,ny aspect of the subjects - 'dealt with' i'n)therforegoingregulatio'ns:and'..on, any other air contaminant to the extent not covered therein. The City also -,15- . , expressly reserves the privilege of 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. . if ", - .. ..~ -16- .' 7-10-10: AIR CONTAMINANTS AND ACTIVITIES NOT COVERED BY STATE BOARD REGULATIONS The City of Wy 1.1.8 adopts the following ambient air and emission stan- dards 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 this city of each air contaminant named in Column I is set forth in Column III. When the emission is measured by ahigh 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 Column II . p) Sulfuric Acid l2 ug/m3-24 hourly Mists average not to be ex- ceeded on more than one day in any month. 30 ug/m3-one hour average not to be exceeded during more than one hour in any week . (2) Lead Compounds 5ug/m3 of air aver- age over any 30-day period (3) Hydrogen 1 ppb of air by vol- Fluoride ume over any 24- hour period ..17- Col umn III 5ug/m3 of air average over any 30-day period 0.5 ppb of air by volume . Column I Column II Column III (4) Beryllium 0.01 ug/m3 of air' average over any 24-hour period O.Ol ug/m3 of air average over any 24-hour period (5) Hydrocarbons 3.0 ppm-total Hydrocarbons Total hydrocarbons, shall be the sum of the concentrations of C and higher saturated and unsat- urated hydrocarbons as measured by gas chromotogr aphy. (a) Non-Methane Hydrocarbons 1. 5 ppm (6) Carbonyls lO ppm of air by volume Total carbony1s shall include aldehydes and ketones calculated as formaldehydes. Each carbonyl group is 'md deemed equivalent to one molecule of for- maldehyde. (7) Odors 2 odor units deter- mined after dilu- tion of the emis- sion being meas- ured with an equal volume of odor free air Procedures for measure- ment shall be those speci- fied in "Standard Methods for Odor s in the Atmos- phere", Am~rican Society for Testing of Materials (ASTM) l391 - 57. (8) Carbon Monoxide 10 ppm fJ:)r 8 hours or 30 ppm for 1 hour (9) Ozone 0.1 ppm (one hour average) not to be exceed on more than 3 days per year ,(lO) Visible Emissions A. A person shall not discharge into the atmosphere , ' \ 'from any single source of emission whatsoever any air contaminants which are: -18- . . (a) As dark or darker in shade as that designated as No. 2 on the Ringelmann 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. (11) 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 generates suspended parti- cilIate matter, such as that u~ed in paint spraying, grain handling,' and/or gravel processing or storage, or sand blasting, shall be so conducted that dust and other parti- culate ma tt~r is not transported across the boundary line of the property on which the operation is conducted in con- centrations exceeding the limits specified in Regulation I of the State Board. r.' . " " ( -19- t. , . . 7-10-11: A. METHODS AND PROCEDURES FOR MEASURING When not otherwise specified in this ordinance, the procedures used for sampling air, determining the concentrations of air contaminants. in the atmosphere, 3;nd for measuring emissions of air, contaminants from any source, and the methods of ex- pressing the findings shall be those commonly accepted and employed by recognized authorities in the air pollution control field. , ' \ .I -20.. . . . " 7 -lO-12: A. GENERAL PROHIBITION No person may cause, suffer, allow or permit the emission of any air contaminant identified in Sections 7-l0-9 and 7-l0-1O within the jurisdictional area of the City of Wy.Lie , as defined in Section 7-10-4,. except as provided in this ordinance. ') l -21- t" . 7 -10-13: ENFORCEMENT - CIVIL AND CRIMINAL The City of , WYl.J.e hereby elects to exercise the authority vested in it under the Clean Air Act of Texas, 1967, relative to the enforcement of the Act and this ordinance. B. The Control Director, his agents and employees are authorized A. to inspect the air and to go in and on public and private property within the area of his jurisdiction, as defined in Section 7 -10-4, 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. The Director, his agents and employees may make inspections in the same manner and undcr thc samc provisions and restrictions as are applicable to thc State Board to determine whether or not the emission 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 certifi-t(~ cate issued hereunder is guilty of a misdemeanor and upon conviction shall be fined in a sum of not less than $10.00 nor more than $200.00 and each day any violation shall continue shall con::;titute a separate offense. A violation of the pro- visions of'this ordinance shall constitute a nuisance. D. The City Attorney is authorized to institute and prosecute -22- ... . E. . civil actions in the appropriate district courts, as provided in Section l3 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. Nothing herein deprives any official, agent or employee of the City, the same as any other private citizen, of the right to file a misdemeanor complaint fora violation of this ordinance. It is the policy of the City of Wy 1 ie , 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 poll~tion control work of the State Board. '~i -Z3- . .. .- 7-10-14: A. HEARING BOARD A Hearing Board shall be appointed as needed for arbitration of differences between the Control Director and Permitee or Operating Certificate Holder on matters concerning interpre- tation and execution of the provisions of this Ordinance by the Control Director. The cost of the arbitration will be divided equally between the City and the Permittee or Operating Certificate Holder. B. One member of the board shall be a registered practicing professional engineer; one member shall be a lawyer; one member shall be a representative of industry or manufacturing enterprise; and two me~bers shall be selected at large for their interest in accomplishing the objectives of the Ordinance. ",\ I -24- . .. . 7-10-l5: A. ALL CONFLICTING ORDINANCES REPEALED All ordinances and parts of ordinances inconsistent or in conflict are hereby repealed. -25- I' ",~ .' ,... ... 7-l0-l6: SEVERABILIT,Y A~' If any section or part of any section, paragraph or clause of this Ordinance is declared invalid or unconstitutional for any reason, such declaration shall not be held.to invalidate or . impa.ir the validity, force or effect of any other sections, part of section, paragraph or clause of this Ordinance. . . . i -26- .. ...' ... . . 7 -lO-17: EFFECTIVE DATE A. This Ordinance shall become effective immediately upon its publication. Passed and adopted this 13th Attest: b'yv2 :a (~~} day of . I I, , i-t ' .Jk~ tI'i 'i~ t. / , II bJ I April , 197'11. {~ ~1J-c/L---< /c~__u~ Mayor ~l . '