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O68-10KENNEDALE ORDINANCE NO. 63-10 AN ORDINANCE PROVIDING FOR AIR POLLUTION CONTROL TO BE KNOWN AS TEE CLEAN AIR OR- DINANCE OF THE CITY OF KENNEDATF,, TEXAS; PROVIDING FOR AN AIR POLLUTION CONTROL DIVISION; DEFINING TERMS; PROVIDING FOR POWERS, DUTIES AND JURISDICTION OF A DI- RECTOR; PROVIDING FOR OPERATING CERTIFI- CATES; PROVIDING FOR REVOCATION OF A CER- TIFICATE; PROVIDING FOR APPEAL =REFROM; PROVIDING FOR ADOPTION OF THE STATE BOARD REGULATIONS CONTAINING ANBIENT AIR AND EMISSION STANDARDS; PROVIDING FOR SEVER - ABILITY; PROVIDING FOR ENFORCEMENT; PRO- VIDING A PENALTY AND DECLARING AN EMER- GENCY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Kennedale, Texas, finds that emissions of smoke, of suspended particu- late matter and of gaseous air contaminantes present a source of danger to the health, safety and general welfare of the in- habitants of the City of Kennedale, Texas, and said City Coun- cil is of the opinion that an air pollution control ordinance should be enacted to protect the inhabitants of said. City; Now, Therefore: BE IT ORDAINED BY TEE CITY COUNCIL OF TEE CITY OF KENNEDALE, TEXAS: SECTION 1. That a clean air ordinance, to be known as the "City of Kennedale 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 Kennedale. Section 101. Air Pollution Control Division. There is hereby created an Air Pollution Control Division of the City of Ken- nedale, to be composed of the Mayor, City Health Officer and Police Chief of the City of Kennedale, Texas. Section 102. Definitions. (a) ''Air Contaminant." Any smoke, soot, fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes, ox- ides, gases, vapors, odors, toxic or radioactive substances, waste particulate, solid, liquid or gaseous matter, or any other materials in the outdoor atmosphere, but excluding un- combined water. (b) "Air Pollutionmeans the presence in the out- door atmosphere of one or more air contaminants 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, vegeta- tion 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 represeritatives, agents or assigns. (d) 'Control Directorshall be the Chief of Police of the City of Kennedale, Texas, unless the City Council shall hereafter designate some other person to hold such position, in which latter event it shall be the person so designated. (e) "State Board" means the Texas Air Control Board. (f) "Act" means the Clean Air Act of Texas, Chapter 727g, 60th Legislature in regular session, 1967. (g) "Emission" means the release into the outdoor at- mosphere of air contaminants. (h) "Ambient Air Standards" means the standards for the outdoor atmosphere established in Article III of this or- dinance. (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 defined in Section 102 (a). (k) "Property" means any freehold interest in land. (1) ''Conditional Operating Ce ti icate" is: (1) 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 (2) A Temporary Operating Certificate issued by the Control Director to an owner, lessee, or operator of a property who is operating under a variance to those specific provisions of this ordinance not covered by the Act or the rules and regulations of the State Board. ARTICL7. II GENERAL PROVISIONS Section 201. Duties of the Control Director. The Control Di- rector 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. -2- (b) Request that necessary legal proceedings be in- stituted to prosecute violations of this ordinance and compel the prevention and abatement of air poilution or of a nuisance arising therefrom. (c) Examine and app,.ove, or disapprove, the plans for (1) equipment for the commercial burning of waste material or for the burning of waste material collected by the City waste material collection system; (2) equipment designed for burning fuel in com- mercial and industrial activities; and (3) equipment installed, repaired, constructed, reconstructed, altered or added to, to control or reduce air pollution from commercial, in- dustrial, manufacturing and municipally - operated activities, other than from motors and engines used in propelling land, water and air vehicles; 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 ordin- ance, make inspections of sources and ambient air conditions, and maintain a record of the investigations, complaints, in- spections and observations conducted. (f) Promulgate such rules and regulations as may be reasonable and necessary to carry out the intent of this ordin- ance to insure all sources of air pollution within his juris- diction comply with the standards in this ordinance. A copy of such rules and regulations shall be filed 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 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 Kennedale. (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 Kennedale will be conserved and improved. (k) Perform such other functions as may be necessary to carry out effectively the duties and responsibilities im- posed on the Control Director in this ordinance. Section 202. Variance by Control Director - Revocation. (a) Whenever it is found by the Control Director, upon presentation of adequate proof, that compliance with any provision of this ordinance, will result in an arbitrary or unreasonable taking of property or in the practical clos- ing or elimination of any lawful business, occupation or activ- ity, in either case without corresponding benefit or advan- tage to the owner, lessee or operator of such business, occu- pation or activity, the Control Director may grant individual variances beyond the limits provided in this ordinance with such variantes pertaining only to air contaminants which are not regulated by the Act or rules, regulations 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 re- voked 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. (a) For purposes of enforcing the standards prescribed in this ordinance, the Control Director of a Home Rule City has jurisdiction within the corporate limits of the City of Kennedale hereinafter referred to as the "base area" and with- in 5,000 feet beyond the corporate limits of said city to abate any nuisance arising from the violation of this ordinance. (b) For the purpose of enforcing the standards pre- scribed in this ordinance, the Control Director of an incor- porated city or town other than a Home Rule City, has juris- diction within the corporate limits of such city or town and any extraterritorial jurisdiction which may be conferred upon such city or town by law. Section 204, 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 information identified as confidential when submitted, relating to secret processes or methods of man- ufacture or production, shall not be disclosed without the written consent of the person submitting it. Section 205, Operating Certificates. (a) The owner, lessee or operator of every property within the base area of the city of Kennedale 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, les- see or operator of the property or his agent and, in addition to any other information which the Control Director may reason- ably require, shall contain: (1) the name and address of the applicant; if the applicant is other than an individual, the application shall also give the name and ad- dress of the Chief Executive Officer of the organization and the name, address and title of the person in charge of or responsible for, the 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, character- istics or nature of the air contaminants emitted or to be emitted. (c) After receipt of the application, the Control Di- rector shall, within a reasonable time, make or cause to be made an inspection to verify the conditions of the emissions coveredin the application. (d) The Control Director shall notify the applicant, in writing, whether or not his application for an operating certificate has been Approved. If the source upon which appli- cation is based complies with the Act and this ordinance, the Control Director shall issue an operating certificate to the applicant, or if the applicant shall have received a variance under the Act and the rules and regulations of the State Board with regard to such source, the Control Director shall issue a conditional operating certificate to the extent authorized by the variance to the applicant, or if the applicant shall have received a variance to this ordinance under Section 202 hereof, the Control Director shall issue a conditional operating certifi- cate to the extent authorized by such variance. Section 206. Revocation of Certificate. The Control Director shall revoke or suspend an oper- ating 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, re- voked 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. Section 207. Appeal from Denial or Revocation of Certificates. (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 govern- ing body of Kennedale. (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 issuance of the notice of the denial of the application for an operating certificate or the notice of revocation or suspension of any operating certificate or conditional operating certificate. -5- (c) Within fifteen days after the appeal is filed with the City Secretary or City Clerk, the governing body shall order a hearing before the governing body to deter- mine whether to sustain the action of the Control Director or to modify it in any particular. ARTICLE III AMBIENT AIR AND EMISSION STANDARDS Section 301. Adoption of State Board Regulations. (a) The City of Kennedale hereby adopts as the ambient air and emission standards for the area within the boundaries 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 shall prevail. The following 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 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, the Control Director shall file a certified copy of each of the foregoing regulations certified by the Executive Secretary of the Texas Air Control Board with the City Secretary or City Clerk, who shall maintain same as a public record available for inspection. (c) The city of Kennedale hereby expressly reserves the power to adopt regulatory ordinances or any aspect of the sub- jects dealt with in the foregoing regulations and on any other air contaminant to the extent not covered therein. The City also expressly reserves the privilege of adopting and using such me- thods of measuring the levels of air contaminants in the atmos- phere 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 Kennedale adopts the following ambi- ent 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 T 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 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 Column II Column III (1) Sulfuric Acid Mists 12 u m3-24 hourly aver- age not to be exceeded 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 (3) Hydrogen Fluoride (4) Beryllium (5) Hydrocarbons Total hydrocarbons shall be the sum of the concen- trations of C and higher saturated and unsaturated hydrocarbons as measured by gas chromotography. (6) Carbonyls 5 ug/m3 of air average over any 30-day period 1 ppb of air by volume over any 24-hour period 0.01 ug/m3 of air average over any 24-hour period 3.0 ppm-total Hydrocarbons Total carbonyls shall in- clude aldehydes and ketones calculated as formalde- hydes. Each carbonyl group is deemed equivalent to one molecule of formaldehyde. (7) 0dors Procedures for measurement shall be those specified in "Standard Methods for odors in the Atmosphere", American Society for Testing of ma- terials (ASTM) 1391-57. (8) Carbon Monoxide 10 ppm for 8 hours or 30 ppm for 1 hour 5 ug/m3 of air aver- age over any 30-day period 0.5 ppb of air by volume 0.01 ug/m3 of air average over any 24- hour period (a) Non -Methane Hydro- carbons - 1.5 ppm 10 ppm of air by vol- ume 2 odor units determined after dilution of the emission being measured with an equal volume of odor free air Column I (9) Ozone Column II Column III 0.1 ppm (One hour average) not to be exceeded on more than 3 days per year (10) Visible Emissions A. A person shall not discharge into the atmosphere from any single source of emission whatsoever any air contaminants which are: (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 de- gree equal to or greater than does smoke described in sub- section (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 particulate matter, such as that used in paint spraying, grain handling, and/or gravel processing or storage, or sand blasting, shall be so conducted that dust and other particu- late matter is not transported across tne boundary line of the property on which the operation is conducted in concentrations ex- ceeding the limits specified in Regulation I of the State Board, Section 303. Methods and Procedures for Measuring. When not otherwise specified in this ordinance, the procedures used for sampling air, determining the concentra- tions of air contaminants in the atmosphere, and for measur- ing emissions of air contaminants from any source, and the methods of expressing the findings shall be those commonly accepted and employed by recognized authorities in the air pollution control field. ARTICTJR IV SPECIAL PROVISIONS Section 401. General Prohibition No person may cause, suffer, allow or permit the emis- sion of any air contaminant identified in Article ITI within the jurisdictional area of the City of Kennedale, 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, situa- tion or circumstance is 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 circumstances. 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 de- clared to be severable. ARTICLE V ENFORCEMENT Section 501. Enforcement - Civil and Criminal. (a) The City of Kennedale 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 ordin- ance. (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. The Director, his agents and employees may make inspections in the same manner and under the same provisions and restrict- ions as are applicable to the StateBoard 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 comply- ing with 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 or- dinance or of any operating certificate or conditional oper- ating certificate 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 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. 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 for a violation of this ordin- ance. (e) It is the policy of the City of Kennedale, to the extent possible under applicable laws and ordinances and with- in budgetary limitations, for the officials, agents and employ- ees of the City to co-operate with the State Board in the air pollution control work of the State Board. SECTION 2. The fact that there are no ambient air and emission standards for the control of air pollution within the juris- diction of the City of Kennedale, Texas, creates an urgency and an emergency in the preservation of the public peace, com- fort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage, and publication as required by law, and it is accordingly so or- dained, the City Council expressly providing, however, that -9- publication may be by publishing the caption and summary only, including the penalty provisions, rather than by publication of the entire ordinance. ADOPTED AND APPROVED this 12th day of December, 1968. APPROVED: .- WC-b-b-, Dr. y or Donald. Donald T. Lyon, Mayor Fro-Tem City of Kennedale, Texas ATTEST: Boyd, City City Secretary Jec-u-eZ. (CITY SEAL)