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Home My WebLink AboutOrdinance 19546-02-2011ORDINANCE N0.19546-02-2011 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, APPROVING RESOLUTION NO. 2010-07-150 AND RESOLUTION NO. 2010-09-220 OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD WHICH AMEND CHAPTERS 1, 2, 3, 6, 7, 8, 9, 10, THE TABLE OF CONTENTS AND APPENDIX I OF THE CODE OF RULES AND REGULATIONS OF THE DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD, AS AMENDED; PROVIDING FORA FINE NOT TO EXCEED TWO THOUSAND ($2,000.00) DOLLARS PER DAY FOR ANY VIOLATION THEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 8.F of the Contract and Agreement, as amended, between the City of Fort Worth, and the City of Dallas, Texas, provides that the Dallas-Fort Worth International Airport Board shall have the power, by a duly adopted order, to adopt and enforce rules and regulations for the orderly, safe, efficient and sanitary operation of the Airport, and to prescribe reasonable penalties for the breach of any rule or regulation not to exceed the maximum fines authorized by state law; and WHEREAS, Sections 22.082 of the Texas Transportation Code, Chapter 22, Subchapter D and Section 8.F of the 1968 Contract and Agreement, as amended, provide that such orders by the Dallas-Fort Worth International Airport Board shall become effective only upon approval of the governing bodies of the Cities of Fort Worth and Dallas and proper publication; and WHEREAS, on July 1, 2010 and September 2, 2010, the Dallas-Fort Worth International Airport Board passed, approved, and ordered Resolution No. 2010-07-150 and Resolution 2010-09-220 respectively, which amend Chapters 1, 2, 3, 6, 7, 8, 9, 10, the Table of Contents and Appendix I of the Code of Rules and Regulations of the Dallas~Fort Worth International Airport Board, as amended, to reformat the chapters and Table of Contents, expand definitions, include new definitions, add rules associated with the operation of vehicles in the movement area of the airport operations area (AOA), change chapter titles, establish additional areas on the Airport where commercial photography and moving picture production are prohibited, establish a new section for airport security violations, and add two new roadways that will access the new corporate aviation facility; and WHEREAS, in accordance with Section 3 of Chapter 9 of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, as amended, the Airport Board has requested that the City Councils of the Cities of Fort Worth and Dallas approve its said Resolution No. 2010-07-150 and Resolution No. 2010-09-220 in order that they may become effective; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH TEXAS: SECTION 1. That all of the declarations and findings contained in the preamble of this ordinance are made a part hereof and shall be fully effective as part of the ordained subject matter of this ordinance. SECTION 2. That Resolution No. 2010-07-150 of the Dallas-Fort Worth [nternational Airport Board, a duly certitied copy of which is attached hereto as Exhibit "1" and is made a part of this ordinance by reference, is hereby approved, and that Resolution No. 2010-09-220 of the Dallas-Fort Worth International Airport Board, a duly certified copy of which is attached hereto as Exhibit " 2" and is made a part of this ordinance by reference, is hereby approved SECTION 3. That after publication of a substantive statement relating to the contents of Resolution No. 2010-07-150 and Resolution No. 2010-09-220 of the Dallas-Fort Worth International Airport Board in a newspaper of general circulation in each of the counties of Tarrant and Dallas, stating that a breach of any provision of Resolution No. 2010-07-150 and Resolution No. 2010-09-220 will subject the violator to a penalty, and stating that the full text of Resolution No. 2010-07-150 and Resolution No. 2010-09-220 and any attachments to ithem are on file in the principal office of the Airport Board to be read by any interested party. Resolution No. 2010-07-150 and Resolution No. 2010-09-220 shall thereafter have the same force and effect within the boundaries of the Dallas-Fort Worth International Airport as an ordinance by the City Council of the City of Fort Worth would have in the City of Fort Worth, and the penalty shall be enforced in the same manner in which penalties prescribed by other ordinances of the City of Fort Worth are enforced. SECTION 4. That the sections, paragraphs, sentences, clauses and phrases of this ordinance and Resolution No. 2010-07-150 and Resolution No. 2010-09-220 are severable, and if any phrase, clause, sentence, paragraph or section shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, the unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance or Resolution 2010-07-I50 and Resolution No. 2010-09-220, since 3 the same would have been enacted without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 5. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance or Resolution No. 2010-07-150 and Resolution No. 2010-09-220 shall be tined not more than Five Hundred Dollars ($500.00) or more than Two Thousand Dollars ($2,000.00) for each offense relating to fire safety, public health and sanitation, or the dumping of refuse. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of any other ordinances affecting the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7. That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two days in the official newspaper of the City of Fort Worth, Texas, as authorized by Texas Local Government Code, Section 52.013. 4 SECTION 8. That this ordinance shall take effect immediately from and after its passage and publication as required by law, in accordance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so ordained. APPROVED AS TO FORM AND LEGALITY: By: ~~ Assistant City Attorney Adopted: February 15, 2011 Effective: 5 DFW DALLAS/FORT WORTH INTERNATIONAL AIRPORT 3200 EAST AIRFIELD DRIVE, P.O. BOX 619428 DFW AIRPORT, TEXAS 75261-9428 www.dfwairport.com T 972 973 8888 F 972 973 5751 July 1, 2010 STATE OF TEXAS § COUNTY OF DALLAS § COUNTY OF TARRANT § I, Donna J. Schnell, Board Secretary of the Dallas-Fort Worth International Airport Bc~~rd, do hereby certify that the attached is a true and correct copy of Resolution No. 2010-07-150, approved by the Dallas-Fort Worth International Airport Board of Directors at its Board Meeting held on July 1, 2010. WITNESS MY HAND AND SEAL OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD, this the 1st of July 2010. Donna J. Sch II Board Secretary DALLAS FORT WORTH INTERNATIONAL AIRPORT BOARD OFFICIAL BOARD ACTION/RESOLUTION Date Committee Subject Resolution # 07/01/2010 Operations Amendments to the Code of Rules and Regulations of the 2oio-o~-i5o Dallas/Fort Worth International Airport Board. Action That the Airport Board approve amendments to the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board, and Appendix 1. Description This action will approve the attached amendments to Chapters 1, 2, 3, 6, 7, 8, 9, 10, Table of Contents and Appendix 1 of the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board as follows • Reformatted the above chapters and Table of Contents. • Chapter 1-Expanded definitions and included Chapter 10 -Saving, Severability and Penalties from Chapter 10 to Chapter 1. Chapter 2 -Included new definition and added rules associated with the operation of vehicles in the movement area of the AOA. • Chapter 3 -Change title of Chapter from Personal Conduct to Miscellaneous Offenses. • Chapter 8 -Establishes additional areas on the Airport where commercial photography and moving picture production are prohibited. • Chapter 9 -Establishes new section for airport security violations. • Appendix 1 -Add two new roadways that will access the new corporate aviation facility. Justification • The amendments to the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board are necessary to change the format style and numbering, replace outdated terminology, and move badge sponsor/badge holder responsibilities from Chapter 3 to Chapter 9. D/M/WBE Information • N/A Contract # Agreement # Purchase Order # Action Amount Revised Amount $0 $0 For Information contact Fund Project # External Funding Source Amount Shaun Short $0 3-3545 Resolution # 2010-07-150 Additional Information :Per state law and the 1968 Contract and Agreement, these amendments will also need to be approved by the Dallas and Fort Worth City Councils and will become effective upon such approval being obtained. Additional Attachments: Y BE IT RESOLVED BY THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD That the Airport Board approves amendments to the DFW Airport Code of Rules and Regulations, and Appendix 1 and directs the Chief Executive Officer or his Designee to seek approval of the amendments by the City Councils of Dallas and Fort Worth. Approved as to Form by ?"~ ---~ Gary Keane General Counsel Jun 23, 2010 3:26 pm Approved as to Funding by ~~'~~-c~~~~ Max Underwood Vice President Finance Jun 23, 2010 4:17 pm Approved as to M/WBE by Don O'Bannon Vice President Small 8 Emerging Business Jun 24, 2010 9:17 am SIGNATURE REQUIRED FOR APPROVAL Approved by C~~ Department Head Public Safety Jun 23, 2010 2:35 pm ~~ Jul 1, 2010 1:37 pm Chlef Executlve Officer Date LEGAL DEPARTMENT (972) 973-5480 (972) 973-5481 Fax Writer's Direct Dial (972)973-5487 Mr. David Yett City Attorney CITY OF FORT WORTH 1000 Throckmorton Street Fort Worth, TX 76102 DALLAS/PORT WORTH INTERNATIONAL AIRPORT 3200 EAST AIRFIELD DRIVE, P.O. BOX 619428 DFW AIRPORT, TEXAS 75261-9428 www.dfwairport.com T 972 973 8888 F 972 973 5751 September 10, 2010 RE: Amendment of the DFW Code of Rules and Regulations Dear David: Enclosed is a copy of the Dallas-Fort Worth International Airport Board Resolution No. 2010-09-220 amending Chapters 1, 2, 3, 8, and 9 of the DFW Code of Rules and Regulations, approved by the Board on September 2, 2010. A certified copy of the Resolution is being provided to Marcia by copy of this letter along with an attachment that incorporates all changes made to the Code with this resolution and the July resolution 2010-07-150. Please make the necessary arrangements to have this amendment to the DFW Code of Rules and Regulations brought before the Fort Worth City Council. If you have any questions regarding the enclosed resolution, please contact Sandra Perkins at (972) 973-5491 or sperkins@dfwairport.com. Sincerely, Gary E. Keane General Counsel GEK/pam Enclosure cc w/encl.: Marcia Wise (certified copy with attachment) Peter Vaky (with attachment) Charlene Sanders (with attachment) 5:\GKEANE\CORR\resolution to ftworth20.doc DALLAS/FORT WORTH INTERNATIONAL AIRPORT 3200 EAST AIRFIELD DRIVE, P.O. BOX 619428 DFW AIRPORT, TEXAS 75261-9428 www.dfwairport.com T 972 973 8888 F 972 973 5751 September 7, 2010 STATE OF TEXAS § COUNTY OF DALLAS § COUNTY OF TARRANT § I, Donna J. Schnell, Board Secretary of the Dallas-Fort Worth International Airport Board, do hereby certify that the attached is a true and correct copy of Resolution No. 2010-09-220, approved by the Dallas-Fort Worth International Airport Board of Directors at its Board Meeting held on September 2, 2010. WITNESS MY HAND AND SEAL OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD, this the 7`h of September 2010. Donna J. Schn Board Secretary DALLAS FORT WORTH INTERNATIONAL AIRPORT BOARD OFFICIAL BOARD ACTION/RESOLUTION Date Committee Subject Resolution # 09/02/2010 Operations Approve Corrections to the recently approved Amendments to 2o7o-os-22o the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board Action That the Airport Board approve the formatting changes and corrections to the recently amended Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board. Description • This action will approve the attached formatting changes and corrections to Chapters 1, 2, 3, 8, and 9 of the recently amended Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board. Justification • Additional editorial corrections were made to the Code of Rules and Regulations subsequent to the Board's approval on July 1, 2010. D/M/WBE Information N/A Contract # Agreement # Purchase Order # Action Amount Revised Amount $0 $0 For Information contact Fund Project # External Funding Source Amount S. Perkins $0 3-5480 Resolution # 2010-09-220 " Additional Information • Per State law and the 1968 Contract and Agreement, these formatting changes and corrections will also need to be approved by the Dallas and Fort Worth City Councils and will become effective upon such approval being obtained. Additional Attachments: Y BE IT RESOLVED BY THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD That the Airport Board approve the formatting changes and corrections to the recently amended Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board. Approved as to Form by Approved as to Funding by Approved as to M/WBE by ~~- Gary Keane Max Underwood Don O'Bannon General Counsel Vice President Vice President Aug 23, 2010 1:28 pm Finance Small & Emerging Business Aug 24, 2010 11:15 am Aug 23, 2010 3:42 pm SIGNATURE REQUIRED FOR APPROVAL Approved by Department Head Legal Aug 23, 2010 1:22 pm ~j ~~ /~" ~~ ~ Sep 3, 2010 9:16 am Chief Executive Officer Date Chapter 1 Corrections: SEC.1-1. TITLE. SEC. 1-1. TITLE. SEC.1-2. INTENT. SEC. 1-2. INTENT. (space added) (space added) SEC.1-3. SCOPE. SEC. 1-3. SCOPE. (space added) SEC.1-4. DEFINITIONS. SEC. 1-4. DEFINITIONS. (space added) AIRPORT shall mean all of the land, improvement, facilities and developments within the boundaries of the Dallas-Fort Worth International Airport. (removed bold "1" in shall) AIRPORT shall mean all of the land, improvement, facilities and developments within the boundaries of the Dallas-Fort Worth International Airport. RESTRICTED AREA shall mean anv portion of the Airport to which no ingress is permitted except upon specific authorization by the Airport Board, such area to be designated by signs where practicable. (Changed to match definition in Ch. 2 and Ch. 9) RESTRICTED AREA shall mean anv area locked or posted by the Airport to either prohibit or limit entry or access to specific authorized persons. SEC. 1-5. CATCHLINES OF SECTIONS. SEC. 1-5. CATCHLINES OF SECTIONS. (bold added) SEC.1-6. SEVERABILITY. SEC. 1-6. SEVERABILITY. (bold and space added) Chapter 2 Corrections Chapter 2 Chapter 2 Traffic Regulation Traffic Regulation In Chapter Table of Contents Sec. 2-30. Possession or Consumption of an Alcoholic Beverage Sec. 2-30. Possession or Consumption of an Alcoholic Beverage. (period added.) Sec. 2.41. No Parking. Sec. 2-41. No Parkina. (changed to a dash) SEC. 2-2. TRAFFIC CONTROL INSTALLATIONS. u Except for speed limit signs, all traffic control devices, signs, signals, markings and insignias as presently located, erected or installed on the premises of the Airport, are herebv adopted, affirmed and ratified. The Executive Director shall conduct studies and investigations relating to all such traffic control devices, signs, signals, markings and insignia, and in accordance with such studies, make changes deemed necessary. This includes declaring a parking ban for specified areas of the Airport in the interest of traffic safety or security. Anv changes, when effected, shall be entered upon an official record to be maintained by the Executive Director. (no break in underline) Except for speed limit signs, all traffic control devices, signs, signals, markings and insignias as presently located, erected or installed on the premises of the Airport, are herebv adopted, affirmed and ratified. The Executive Director shall conduct studies and investigations relating to all such traffic control devices, signs, signals, markings and insignia, and in accordance with such studies, make changes deemed necessary. This includes declaring a parking ban for specified areas of the Airport in the interest of traffic safety or security. Anv changes, when effected. shall be entered upon an official record to be maintained by the Executive Director. SEC.2-3. DEFINITIONS. AIRPORT OPERATIONS AREA or "AOA" shall mean the area of the Dallas-Fort Worth International Airport bounded by a fence or to which access is otherwise restricted and which is primarily used or intended to be used for landing, taking-off or surface maneuvering of aircraft. The AOA does not include leasehold areas within or having direct access to the AOA which are subject to security requirements imposed on the lessee or tenant under appropriate federal regulations or agreement incorporated in a signed lease. Correction to match definition in other chapters ("Airport" changed to"Air" and added "those' AIR OPERATIONS AREA or "AOA" shall mean the area of the Dallas-Fort Worth International Airport bounded by a fence or to which access is otherwise restricted and which is primarily used or intended to be used for landing, taking-off or surface maneuvering of aircraft. The AOA does not include those leasehold areas within or having direct access to the AOA which are subject to security requirements imposed on the lessee or tenant under appropriate federal regulations or agreement incorporated in a signed lease. AIRCRAFT RESCUE AND FIRE FIGHTER ROAD (AARF)or EMERGENCY ACCESS ROADS shall mean roads on the AOA that are maintained to support emergency responses. (space added) AIRCRAFT RESCUE AND FIRE FIGHTER ROAD (AARF) or EMERGENCY ACCESS ROADS shall mean roads on the AOA that are maintained to support emergency responses. SEC. 2-5. LAW ENFORCEMENT. ~ Composition of Police Force Chief of Police j~ Duties and Powers of Police Officers (period added) (a) Composition of Police Force. (b) Chief of Police. (c) Duties and Powers of Police Officers. SEC.2-7. TOWING. ~ The VP of Customer Service the VP of Operations, DPS, and their designated representatives are authorized to impound any vehicle that is in violation of parking or stopping of vehicles found: (1) in terminal parking facilities; (2) on the upper or lower level roadways adjacent to passenger terminals; (3) at the central queue; or (4) at the Consolidated Rental Car Facility. (corrected format to flush left) ~ The VP of Customer Service the VP of Operations, DPS, and their designated representatives are authorized to impound any vehicle that is in violation of parking or stopping of vehicles found: in terminal parking facilities; u on the upper or lower level roadways adjacent to passenger terminals• ~3,) at the central queue; or (~ at the Consolidated Rental Car Facility. SEC. 2-10. OBEDIENCE TO TRAFFIC CONTROL DEVICES. No person shall operate a vehicle on any Airport roadway in violation of an official traffic- control device except when necessary to avoid conflict with other traffic or to be in compliance with the law or the directions of a police officer, a traffic or parking controller. (removed hyphen) No person shall operate a vehicle on any Airport roadway in violation of an official traffic control device except when necessary to avoid conflict with other traffic or to be in compliance with the law or the directions of a police officer, a traffic or parking controller SEC.2-24. SPEED LIMIT AND TRAFFIC CONTROL. SEC. 2-24. SPEED LIMIT AND TRAFFIC CONTROL. (space added) SEC. 2-65. LIABILITY OF THE VEHICL_ E_ OWNER AND OPERATOR: PRESUMPTION OF LIABILITY. (e) In any hearing to administratively adjudicate a parkins citation it is presumed that the registered owner of the vehicle for which the citation was issued is the person who stopped, stood. or parked the vehicle at the time and place of the parking violation. Proof of ownership may be made by acomputer-generated record of the registration of the vehicle showing the name of the person to whom the license plate was issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued. (underline added) ~ In any hearing to administratively adjudicate a parkins citation it is presumed that the registered owner of the vehicle for which the citation was issued is the person who stopped, stood, or parked the vehicle at the time and place of the parking violation. Proof of ownership may be made by acomputer-generated record of the registration of the vehicle showing the name of the person to whom the license plate was issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the cert~cate of registration was issued. SEC. 2.67. ADJUDICATION BY MAIL. SEC. 2-67. ADJUDICATION BY MAIL. (con'ected period to a dash) SEC. 2-70. CIVIL FINE SCHEDULE. A penalty assessed under subsection (C) of this section may be waived by a hearing officer or by a municipal court on appeal, if the vehicle owner or operator, or agent of the vehicle owner or operator, can establish that: (corrected to lowercase) A penalty assessed under subsection (c) of this section may be waived by a hearing officer or by a municipal court on appeal, if the vehicle owner or operator, or agent of the vehicle owner or operator, can establish that: Chapter 3 Corrections In Chapter Table of Contents (periods added) ARTICLE II ARTICLE II. GENERAL OFFENSES GENERAL OFFENSES. ARTICLE IV. ARTICLE IV. VIOLATIONS VIOLATIONS. Sec. 3.33. Surveys. Sec. 3-33. Surveys. (corrected period to a dash) SEC.3-1. GENERAL STATE LAW. SEC. 3-1. GENERAL STATE LAW. (space added) SEC.3-2. DEFINITIONS. "DECAL", "AUTHORIZATION" or "DEVICE" shall mean any permit, badge, parking decal or other authorization issued by the Executive Director. (alphabetized order of definitions) "AUTHORIZATION", "DECAL", or "DEVICE" shall mean any permit, badge, parking decal or other authorization issued by the Executive Director. (period added) ARTICLE IV. ARTICLE IV. VIOLATIONS VIOLATIONS. 6 Chapter 8 Corrections Chapter Table of Contents Sec. 8-21. Designation of Health Authority Sec. 8-21. Designation of Health Authority. (period added) Sec. 8-22. State Regulations Adopted Sec. 8-22. State Regulations Adopted. (period added) Sec.8-23. Definition Sec. 8-23. Definitions. (period added) Sec. 8-24. Public Swimming Pool and Spa Permits Sec. 8-24. Public Swimming Pool and Spa Permits. (period added) Sec. 8-25. Inspections Sec. 8-25. Inspections. (period added) Chapter 9 Corrections SEC.9-2. DEFINITIONS. ACCESS MEDIA shall mean an Airport issued identification media that is used to gain access to the AOA, sterile area, secured area, or a restricted area. (underline to note addition) ACCESS MEDIA shall mean an Airport issued identification media that is used to gain access to the AOA, sterile area, secured area, or a restricted area. IDENTIFICATION MEDIA HOLDER or "BADGE HOLDER" shall mean an individual who has been issued a Badge by the Airport in accordance with the DFW Airport Security Program (period added) IDENTIFICATION MEDIA HOLDER or "BADGE HOLDER" shall mean an individual who has been issued a Badge by the Airport in accordance with the DFW Airport Security Program. 8 Chapter 1 Corrections: SEC.1-1. TITLE. SEC. 1-1. TITLE. SEC.1-2. INTENT. SEC. 1-2. INTENT. SEC.1-3. SCOPE. SEC.1-3. SCOPE. SEC.1-4. DEFINITIONS. SEC.1-4. DEFINITIONS. AIRPORT shall mean all of the land, improvement facilities and developments within the boundaries of the Dallas-Fort Worth International Airport corrected AIRPORT shall mean all of the land, improvement facilities and developments within the boundaries of the Dallas-Fort Worth International Airport. .<~. RESTRICTED AREA shall mean anv portion of the Airport to which no ingress is permitted except upon specific authorization by the Airport Board such area to be designated by signs where practicable. Changed to match definition in Ch. 2 and Ch. 9 RESTRICTED AREA shall mean anv area locked or posted by the Airport to either prohibit or limit entry or access to specific authorized persons SEC. 1-5. CATCHLINES OF SECTIONS. SEC. 1-5. CATCHLINES OF SECTIONS. SEC.1-6. SEVERABILITY. SEC.1-6. SEVERABILITY. Chapter 2 Corrections Chapter 2 Traffic Regulation Chapter 2 Traffic Regulation In Chapter Table of Contents Sec. 2-30. Possession or Consumption of an Alcoholic Beverage Sec. 2-30. Possession or Consumption of an Alcoholic Beverage. Sec. 2.41. No Parking. Sec. 2-41. No Parking. SEC. 2-2. TRAFFIC CONTROL INSTALLATIONS. Except for speed limit signs, all traffic control devices, signs, signals, markings and insignias as presently located, erected or installed on the premises of the Airport are hereby adopted, affirmed and ratified. The Executive Director shall conduct studies and investigations relating to all such traffic control devices, signs signals markings and insignia, and in accordance with such studies make changes deemed necessary. This includes declaring a parking ban for specified areas of the Airport in the interest of traffic safety or security. Anv changes, when effected shall be entered upon an official record to be maintained by the Executive Director. Except for speed limit signs, all traffic control devices, signs, signals, markings and insignias as presently located, erected or installed on the premises of the Airport are hereby adopted, affirmed and ratified. The Executive Director shall conduct studies and investigations relating to all such traffic control devices, signs signals markings and insignia, and in accordance with such studies. make changes deemed necessary. This includes declaring a parking ban for specified areas of the Airport in the interest of traffic safety or security. Anv changes, when effected shall be entered upon an official record to be maintained by the Executive Director. In SEC. 2-3. DEFINITIONS. AIRPORT OPERATIONS AREA or "AOA" shall mean the area of the Dallas-Fort Worth International Airport bounded by a fence or to which access is otherwise restricted and which is primarily used or intended to be used for landing taking-off or surface maneuvering of aircraft. The AOA does not include leasehold areas within or having direct access to the AOA which are subject to security requirements imposed on the lessee or tenant under appropriate federal regulations or agreement incorporated in a signed lease. AIR OPERATIONS AREA or "AOA" shall mean _the area of the Dallas-Fort Worth International Airport bounded by a fence or to which access is otherwise restricted and which is primarily used or intended to be used for landing, taking-off or surface maneuvering of aircraft The AOA does not include those leasehold areas within or having direct access to the AOA which are subject to security requirements imposed on the lessee or tenant under appropriate federal regulations or agreement incorporated in a signed lease. AIRCRAFT RESCUE AND FIRE FIGHTER ROAD (AARFIor EMERGENCY ACCESS ROADS shall mean roads on the AOA that are maintained to support emergencv responses. AIRCRAFT RESCUE AND FIRE FIGHTER ROAD (AARF) or EMERGENCY ACCESS ROADS shall mean roads on the AOA that are maintained to support emergencv responses. In SEC. 2-5. LAW ENFORCEMENT. ~ Composition of Police Force Chief of Police ~ Duties and Powers of Police Officers (a) Composition of Police Force. (b) Chief of Police. (c) Duties and Powers of Police Officers. In SEC. 2-7. TOWING. ~ The VP of Customer Service, the VP of Operations, DPS, and their designated representatives are authorized to impound anv vehicle that is in violation of parking or stopping of vehicles found: (1) in terminal parking facilities; (2) on the upper or lower level roadwavs adjacent to passenger terminals; (3) at the central queue; or (4) at the Consolidated Rental Car Facilitv. ~ The VP of Customer Service, the VP of Operations, DPS, and their designated representatives are authorized to impound anv vehicle that is in violation of parking or stopping of vehicles found: in terminal parking facilities; on the upper or lower level roadwavs adjacent to passenger terminals; at the central queue; or at the Consolidated Rental Car Facilitv. In SEC. 2-10. OBEDIENCE TO TRAFFIC CONTROL DEVICES. No person shall operate a vehicle on any Airport roadway in violation of an official traffic- control device except when necessary to avoid conflict with other traffic or to be in compliance with the law or the directions of a police officer, a traffic or parking controller. No person shall operate a vehicle on any Airport roadway in violation of an official traffic control device except when necessary to avoid conflict with other traffic or to be in compliance with the law or the directions of a police officer, a traffic or parking controller. SEC.2-24. SPEED LIMIT AND TRAFFIC CONTROL. SEC. 2-24. SPEED LIMIT AND TRAFFIC CONTROL. In SEC. 2-65. LIABILITY OF THE VEHICLE OWNER AND OPERATOR; PRESUMPTION OF LIABILITY. (e) In any hearing to administratively adjudicate a parking citation, it is presumed that the registered owner of the vehicle for which the citation was issued is the person who stopped, stood, or parked the vehicle at the time and place of the parking violation. Proof of ownership may be made by acomputer-generated record of the registration of the vehicle showing the name of the person to whom the license plate was issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued. ,~ In any hearing to administratively adjudicate a parking citation, it is presumed that the registered owner of the vehicle for which the citation was issued is the person who stopped, stood, or parked the vehicle at the time and place of the parking violation. Proof of ownership may be made by acomputer-generated record of the registration of the vehicle showing the name of the person to whom the license plate was issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued. SEC. 2.67. ADJUDICATION BY MAIL. SEC. 2-67. ADJUDICATION BY MAIL. In SEC. 2-70. CIVIL FINE SCHEDULE. A penalty assessed under subsection (C) of this section may be waived by a hearing officer, or by a municipal court on appeal, if the vehicle owner or operator, or agent of the vehicle owner or operator, can establish that: ,~ A penalty assessed under subsection (c) of this section may be waived by a hearing officer, or by a municipal court on appeal, if the vehicle owner or operator, or agent of the vehicle owner or operator, can establish that: :.~: Chapter 3 Corrections In Chapter Table of Contents ARTICLE II ARTICLE II. GENERAL OFFENSES GENERAL OFFENSES. ARTICLE IV. ARTICLE IV. VIOLATIONS VIOLATIONS. Sec. 3.33. Surveys. Sec.3-33. Surveys. SEC.3-1. GENERAL STATE LAW. SEC. 3-1. GENERAL STATE LAW. In SEC. 3-2. DEFINITIONS. "DECAL", "AUTHORIZATION" or "DEVICE" shall mean anv permit badge parking decal or other authorization issued by the Executive Director. "AUTHORIZATION", "DECAL", or "DEVICE" shall mean anv permit badge parking decal or other authorization issued by the Executive Director. ARTICLE IV. ARTICLE IV. VIOLATIONS VIOLATIONS. Chapter 8 Corrections Chapter Table of Contents Sec. 8-21. Designation of Health Authority Sec. 8-21. Designation of Health Authority. Sec. 8-22. State Regulations Adopted Sec. 8-22. State Regulations Adopted. Sec.8-23. Definition Sec.8-23. Definitions. Sec. 8-24. Public Swimming Pool and Spa Permits Sec. 8-24. Public Swimming Pool and Spa Permits. Sec. 8-25. Inspections Sec. 8-25. Inspections. >~~~ ,~•: Chapter 9 Corrections SEC.9-2. DEFINITIONS. ACCESS MEDIA shall mean an Airport issued identification media that is used to gain access to the AOA, sterile area, secured area, or a restricted area. ACCESS MEDIA shall mean an Airport issued identification media that is used to pain access to the AOA, sterile area, secured area, or a restricted area. IDENTIFICATION MEDIA HOLDER or "BADGE HOLDER" shall mean an individual who has been issued a Badge by the Airport in accordance with the DFW Airport Securitv Program IDENTIFICATION MEDIA HOLDER or "BADGE HOLDER" shall mean an individual who has been issued a Badge by the Airport in accordance with the DFW Airport Securitv Program. DRAFT 6/25/10 Table of Contents CHAPTER 1 GENERAL PROVISIONS -)•- Sec. 1-1.Title ........................................................... . Sec. 1-2. Intent. ...................:.............................' , 3-Sec.l-3. Scope. - ....................................................... 4. Sec. 1-4. Definitions. ............................................... . Sec. 1-5. Catchlines of Sections. Sec. 1-6. Severability. Sec. 1-7. Culpable Mental State. Sec. 1-8. Adoption of Code. Sec. 1-9. Penalty, Continuing Violations. 3- Sec. 1- ] 0. Laws of the State of Texas .......................................' '' CHAPTER 2 TRAFFIC REGULATION ARTICLE I. IN GENERAL. a--Sec. 2-1. General Law Governing ......................................'' ' Sec. 2-2. Traffic Control Installations .....................................2 ' Sec. 2-3. Definitions. ARTICLE II. ENFORCEMENT. Sec. 2-5. Law Enforcement. Sec. 2-6. Parking Enforcement. Sec. 2-7. Towing. ARTICLE III. LANDSIDE TRAFFIC. Sec. 2-] 0. Obedience to Traffic Control Devices. Sec. 2-1 1. Cruising. ARTICLE IV. AIRSIDE TRAFFIC. Sec. 2-20. Control of Vehicles. Sec. 2-21. Authority to Operate on the AOA. Sec. 2-22. Yield to Aircraft. Sec. 2-23. Aircraft Movement Area. Sec. 2-24. Speed Limit and Traffic Control. Sec. 2-25. Reckless Driving. Sec. ?-26. Obedience to Sums. DRAFT 6/25/10 Sec. 2-27. Parking on the AOA. . ~~,,., Sec. 2-28. Motor Vehicle Accidents. Sec. 2-29. Driving Under the Influence. Sec. 2-30. Possession or Consumption of an Alcoholic Beverage. ARTICLE V. PARKING VIOLATIONS. Sec. 2-40. Obedience to Si ns. Sec. 2-4 ] . No Parkin. Sec. 2-42. Unauthorized Zone. Sec. 2-43. Limited Parkin. Sec. 2-44. Fire Lane. Sec. 2-45. Failed to Park in Marked Snace. 3. moved to 2.40 and 2-7) ..................................2 ' 4-Sec. 2-46. Employee Parking Areas ........................................' ' -lz~estr-iEted-~4rea,- ..moved to Chapter 9 ~ 'r r moved to 2/24, 2-21, 2-22, 2-31,2-49)............' 2 Sec. 2-47. Parking_by Air Operation Areas Fence. -Sec. 2-48. Passenger Loading Zones - No Unattended Vehicle ..........- ....................2 '' ~. ~6eadingZe+~es .................................~-4 9-Sec. 2-49. Impeding Flow of Traffic ..........................................' ^ . moved to 2-12) ...................' ^ I~See-2--I Ir~epe~•a131e-V~;TEIes ..............................~-4 Sec. 2-50. Loadin Zone. Sec. 2-51. Parking Defenses. ARTICLE VI. ~-ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS ....................2 ^ Sec. 2-60. Parking Violations Made Civil Offenses. Sec. 2-61. General Authority and Duty of the Vice President of Operations Sec. 2-62. Hearing Officers; Powers, Duties and Functions Sec. 2-63. Parking Citations Form. Sec. 2-64. Service of a Parking Citation; Presumption of Service Sec. 2-65. Liability of the Vehicle Owner and Operator Presumption ofLiabilit~ Sec. 2-66. Answering a Parking Citation. Sec. 2-67. Adjudication by Mail. Sec. 2-68. Hearines for Disposition of a Parking Citation• Parking Citation as Prima Facie Evidence Sec. 2-69. Failure to Answer a Parking Citation or Appear at a Hearing Sec. 2-70. Civil Fine Schedule. Sec. 2-71. Enforcement of Order. Sec. 2-72. Removal of Immobilization Device. Sec. 2-73. Immobilization/]mpoundment Hearing. Sec. 2-74. Appeal from Hearin& Sec. 2-75. Disposition of Civil Fines, Penalties and Costs DRAFT 6/25/10 CHAPTER 3 MISCELLANEOUS OFFENSES ARTICLE I. IN GENERAL. ~- Sec. 3-1. General State Law ..............................................' Sec. 3-2. Definitions.Q°c.,.'°~°'' "~° ~ (moved to Sec. 9-14 and 2-47) ...................2 T ARTICLE II. GENERAL OFFENSES. ~i~~C~JiTfGLeCi-7`lTe~ ................................................... ............ ... ... ..........~T 3-Sec. 3-5. Animals ...............................................2 , Sec. 3-6 Defecation of Animals. Sec. 3-7. Urinating or Defecating in Public. ' ~ (moved to Article 111 and IV of this chapter) .2 Sec. 3-8. Throwin og r Depositing Litter ......................................2 ^ 6: Sec. 3-9. Prohibiting the Posting of Notices and Signs on Poles, Trees, Structures, and Vehicles; Presumptions. , ... .7-4 Sec. 3-] 0. Obstruction to Aviation ............................................2 c .(moved to Sec. 3-35) ..........................................2 c ~: Sec. 3-1 1. Camping, Swimming, Picnickin etc .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 c Sec. 3-12. Noise ..........................................................2 c ~- Sec. 3-13. Tables and Chairs ................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 ` ~~? Sec. 3-14. Food, etc ....................................................2 ~ Sec. 3-15. Pins, etc ......................................................' ~ Sec. 3-16. Obstruction of Passage ............................................' ~ -1-5: Sec. 3-17. Fraudulent Misrepresentation ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 ~ -1-~ Sec. 3-18. Unauthorized Transfer of Authorization .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .2 ~ -1-~ Sec. 3-19. Unauthorized Use of Authorization .... .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 ~ Sec. 3-20. Temporary or Permanent Residence .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .2 ` Sec. 3-21, Smoking ................................................2 ' ' ' ' moved to Cha ter 9 2 ~ • ( P )............ ARTICLE III. PERMITS REQUIRED. Sec. 3-25. Permits. Sec. 3-26. Permit Applications. Sec. 3-27. When Permits Issued. Sec. 3-28. Appeal, Denial, or Revocation of Permits. ARTICLE IV. VIOLATIONS. Sec. 3-30. Violation of Permit. Sec. 3-31. Distribution of Literature. Sec. 3-32. Solicitation of Funds. Sec..3-33. Surveys. 3 DRAFT 6/25/10 Sec. 3-34. Picketing. CHAPTER 4 GROUND TRANSPORTATION RULES AND REGULATIONS 1. General provisions 1-1. Statement of Policy ....................................................4-1 1-2. General Authority for Enforcement .........................................4-1 1-3.Exemptions ...........................................................4-1 1-4. Definitions ............................................................4-2 1-5. Establishment of Rules and Regulations ....................................4-5 1-6. Establishment of Procedures .............................................4-5 2. Operating Authority 2-1. Operating Authority Required .............................................4-6 2-2.Insurance ............................................................4-6 2-3. Application for Issuance, Renewal, Amendment or Temporary Amendment of Operating Authority ........................................4-8 2-4. Suspension and Revocation of Operating Authority ...........................4-9 2-5. Appeal of Denial, Suspension or Revocation ...............................4-10 2-6.Fees ...............................................................4-10 2-7. Advertisement of Regulated Service ......................................4-10 2-8. Holder's Records and Reports ...........................................4-11 3. Driver Permit 3-1. Driver Permit Required .................................................4-12 3-2. Qualifications for Driver Permit ..........................................4-12 3-3. Investigation of Applicant ...............................................4-16 3-4. Expiration/Voidance of Driver Permit ......................................4-16 3-S. Provisional Permit ....................................................4-16 3-6. Duplicate Driver Permit ................................................4-17 3-7. Display of Permit .....................................................4-17 3-8. Surrender of Permit ...................................................4-17 3-9. Suspension by a Designated Representative ...............................4-17 3-10. Suspension of a Driver Permit by the Administrator ..........................4-17 3-11. Revocation of a Driver Permit ...........................................4-18 3-12. Operation of Regulated Vehicle after Suspension or Revocation ................4-18 3-13. Current Mailing Address ................................................4-19 4. Miscellaneous Holder And Driver Regulations 4-1. Holder's and Driver's Duty to Comply .....................................4-20 4-2. Holder's Duty to Enforce Compliance by Drivers .............................4-20 4-3. Driver as an Employee or Independent Contractor ...........................4-21 4-4. Holder's Service Responsibilities .........................................4-21 4-5. Information to be Supplied Upon Request of the Administrator ..................4-22 4-6. Falsification and Nontransferability of Authorization ..........................4-22 5. General Service Rules And Regulations 5-1. Regulations for Use of Holding Stands ....................................4-23 5-2. Loading and Discharging of Passengers ...................................4-23 S-3. Pre-arranged Trip Information ...........................................4-23 ~-4.Cruising ............................................................4-24 4 DRAFT 6/25/10 5-5. Solicitation of Passengers ..............................................4-24 5-6. Conduct of Driver .....................................................4-24 5-7. Return of Passenger's Property ..........................................4-25 5-8. Not-for-Hire Status of Vehicles ...........................................4-25 5-9. Taxicab Service ......................................................4-25 5-10. Limousine Service ....................................................4-26 6. Fares 6-1.Fares ..............................................................4-27 7. Regulated Vehicle Standards And Inspection 7-1.Standards ...........................................................4-29 7-2.Inspection ...........................................................4-29 7-3. False Representation ..................................................4-30 7-4. Decals .............................................................4-30 7-S.Equipment ..........................................................4-31 7-6. Taxicab Equipment ....................................................4-32 8. Enforcement 8-1. Authority to Inspect ...................................................4-34 8-2. Removal of Evidence of Authorization .....................................4-34 8-3. Assistance by Department of Public Safety .................................4-34 8-4. Correction Order .....................................................4-34 8-5. Service of Notice .....................................................4-35 8-6. Appeals ............................................................4-35 8-7. Criminal Offenses .....................................................4-36 8-8. Administrative Fines ...................................................4-36 CHAPTER 5 COURTESY VEHICLE RULES AND REGULATIONS 1. General Provisions 1-1. Statement of Policy ....................................................5-1 1-2. General Authority for Enforcement .........................................5-1 1-3. Exemptions ...........................................................5-1 1-4. Definitions ............................................................5-2 1-5. Establishment of Rules and Regulations ....................................5-3 1-6. Establishment of Procedures .............................................5-4 2. Operating Authority 2-1. Operating Authority Required .............................................5-5 2-2.Insurance ............................................................5-5 2-3. Application for Issuance, Renewal, or Amendment of Operating Authority ....................................................5-7 2-4. Suspension and Revocation of Operating Authority ...........................5-7 2-5. Appeal of Denial, Suspension or Revocation ................................5-8 2-6.Fees ................................................................5-8 ?-7. Advertisement of Courtesy Vehicle Service ..................................S-8 '_-8. Holder's Records and Reports ............................................~-8 5 DRAFT 6/25/10 3. Section 3 (Reserved) 5-10 4. Miscellaneous Holder And Driver Regulations 4-] .Holder's and Driver's Duty to Comply .....................................5-] ] 4-2. Holder's Duty to Enforce Compliance by Drivers .............................5-11 4-3.Reserved ...........................................................5-1] 4-4. Holder's Service Responsibilities .........................................5-11 4-5. Information to be Supplied Upon Request of the Administrator ..................5-] 2 4-6. Falsification and Nontransferability of Authorization ..........................5-12 5. General Service Rules And Regulations 5-1. Regulations for Use of Holding Stands ....................................5-] 3 5-2. Loading and Discharging of Passengers ...................................5-13 5-3. Rental Car Companies .................................................5-13 5-4.Cruising ............................................................5-]4 5-5. Solicitation of Passengers ..............................................5-14 5-6. Conduct of Driver .....................................................5-14 5-7. Return of Passenger's Property ..........................................5-15 5-8. Not-in-Service Vehicles ................................................5-] 5 6. Section 6 (Reserved) 5-16 7. Vehicle Standards And Inspection ;?-- 7-1.Standards ...........................................................5-17 7-2. Inspection. ..............................................5-17 7-3. False Representation ................................................. 5-18 7-4. Decals .............................................................5-18 7-S.Equipment ..........................................................5-18 8. Enforcement 8-1. Authority to Inspect ...................................................5-20 8-2. Removal of Evidence of Authorization .....................................5-20 8-3. Assistance by Department of Public Safety .................................5-20 8-4. Correction Order .....................................................5-20 8-5. Service of Notice .....................................................5-21 8-6. Appeals ............................................................5-21 8-7. Criminal Offenses .....................................................5-21 8-8. Administrative Fines ...................................................5-22 CHAPTER 6 WASTEWATER PRETREATMENT AND DISCHARGE RULES AND REGULATIONS ARTICLE I. GENERAL PROVISIONS. ~--1- Sec. 6-1. Purpose and Policy ......................................` ' ~-Z? Sec. 6-2. Authority for Implementation and F,nforcement ....................... . ~-+ Sec. 6-3. Abbreviations ............................................... +-~ Sec. 6-4. Definitions .................................................. . 6 DRAFT 6/25/10 ~-~: Sec. 6-5. Incorporation of Federal and State Statutes, Rules, and Regulations ...-o-TT ARTICLE II. DISCHARGE PROHIBITIONS AND LIMITS. 2--Sec. 6-6. Prohibited Discharges .............................................` ' 2 2-2-Sec. 6-7. National Categorical Pretreatment Standards ..........................` ''' 2-3-Sec. 6-8. Local Limits .................................................` , ~-4.-Sec. 6-9. Right to Establish Regulations or More Stringent Requirements .........` ' Y Sec. 6-] 0. Applicability of More Stringent Regulations or Discharge Limits . ~-6--Sec. 6-l 1. Variances in Compliance Dates ..................... ` ' ^ c is ?-~ Sec. 6-12. Dilution Prohibited ..................................... • • . • , , , , S-Sec. 6-13. BOD or TSS Loading .....................................` ' ~ ARTICLE III. ~: PRETREATMENT OF WASTEWATER. 3-1. Sec. 6-14. Pretreatment Facilities ..........................................` ' ~ 3-2. Sec. 6-15. Additional Pretreatment Measures ..................................` ' ~ 3=3. Sec. 6-16. Accidental Discharge/Slug Control Plans ............... ~ " .............. 3-4. Sec. 6-17. Hauled Septage or Industrial Waste ................... ` " ARTICLE IV. 4. PERMIT REQUIRED FOR WASTEWATER DISCHARGE; PERMIT APPLICATIONS. 4-1- Sec. 6-18. Wastewater Analysis ............................................` ' Q 4-~ Sec. 6-19. Wastewater Discharge Permit Required ................. ` ' Q 4-3: Sec. 6-20. Permits for Existing Sources ....................................` ' Q 4-4-. Sec. 6-2 ] .Permits for New Sources .......................................` ' 43: Sec. 6-22. Permit Application Process ......................................~ ' 4-6: Sec. 6-23. Signatories and Certification Requirements ........................` '~ ARTICLE V. 6: WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS. ~-1- Sec. 6-24. Wastewater Discharge Permit Decisions .................. "' ........... ~-~? Sec. 6-25. Wastewater Discharge Permit Duration .................. ` '" ............ Sec. 6-26. Wastewater Discharge Permit Contents .................. ` '" ........... 5-4- Sec. 6-27. Wastewater Discharge Permit Modification ...........................` " ~-~: Sec. 6-28. Wastewater Discharge Permit Transfer .................. ` '''- y Sec. 6-29. Grounds For Permit Suspension or Revocation ........................"~ Sec. 6-30. Wastewater Discharge Permit Re-]ssuance ................ ` ' ^ ARTICLE VI. REPORTING REQUIREMENTS. 6-I-- Sec. 6-31. Baseline Monitoring Reports ..................... "~ H-z Sec. 6-32. Compliance Schedule and Progress Reports ..........................` ?~ (~--+- Sec. 6-33. Reports on Compliance with Categorical Pretreatment Standard Deadline.-?g H--1r Sec. 6-34. Periodic Compliance Reports ......................................` ~- DRAFT 6/25/10 ® H-S: Sec. 6-35. Reports of Changed Conditions ................................` 2Q (~ Sec. 6-36. Reports of Accidental Discharges or Potential Problems ................` 'Q Sec. 6-37. Reports from Non-Permitted Users ................................` 'O H-8: Sec. 6-38. Notification of Violation Based on Self-Monitorin "° g .................. 6--9- Sec. 6-39. Notification of The Discharge of Hazardous Waste .....................` ~~ H--1-8: Sec. 6-40. Analytical Requirements ........................................` ~' 6-~1-1- Sec. 6-41. Sample Collection ...........................................` " 6-~? Sec. 6-42. Date Reports Deemed Received ...................................` ~ ~ 6-x-3: Sec. 6-43. Record-Keeping Requirements ............... ` 27 ARTICLE VII. ~: COMPLIANCE MONITORING. ~. Sec. 6-44. Right of Entry: Inspection and Sampling ..........................` " ~? Sec. 6-45. Search Warrants ..............................................` '^_ ARTICLE VIII. 8: CONFIDENTIALITY OF RECORDS OR OTHER INFORMATION. S-1-. Sec. 6-46. Information Available to Public- .................. ` ~^ S-i Sec. 6-47. Claim of Confidentiality .........................................` ~~ S-?r Sec. 6-48. Availability for Governmental and Judicial Use .....................` ~2 S-4: Sec. 6-49. Effluent Data Not Confidential .....................................` ~~ ® ARTICLE IX. PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE. 9- Sec. 6-50. Publication of Users in Significant Noncompliance ................` ~^ ARTICLE X. ADMINISTRATIVE ENFORCEMENT REMEDIES. ~-9-f- Sec. 6-51. Notice of V iolation ...........................................` ' c ~~9~? Sec. 6-52. Consent Order- ..........................................` ~ c a-A-3-: Sec. 6-53. Show Cause Hearing ..................................` ~ c -1-8~ Sec. 6-54 Compliance Order .......................................` '` -1.8-Sr. Sec. 6-55. Cease and Desist Order ..................................` 2` a-B-Fr. Sec. 6-56. Stop Work Order .........................................` ~' ~A-7: Sec. 6-57. Emergency Suspension of Water Utility Service and/or Access to Wastewater System :.... ~ ~ ~ a-9-~ Sec. 6-58. Non-Emergency Termination of Water Utility Service and/or Access to Wastewater System- ...........................................` ' Q ~-A--9- Sec. 6-59. Administrative Fines- ... ~ ^~ ARTICLE XI. ~: JUDICIAL ENFORCEMENT REMEDIES. J-1-~ Sec. 6-60. ]njunctive Relief ......... ~ ~~ ............................. ~-?- Sec. 6-61. Civil Penalties- ........... ~ ~~ ................................. ~~-+ Sec. 6-62. Criminal Prosecution- ........................................` ^~ DRAFT 6/25/10 ARTICLE XII. ~- SUPPLEMENTAL ENFORCEMENT ACTION. -I-?-I•- Sec. 6-63. Performance Bonds ........................................~ ^' ~-2-~ Sec. 6-64. Liability Insurance ............................................~ ^' ARTICLE XIII. AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS. -1~-}- Sec. 6-65. Upset .................................................. . -l ~-?- Sec. 6-66. Act of God .................................................~ ^ ^ ~-3--3: Sec. 6-67. Prohibited Discharge Standards ..................... ~ ^^ -1~-4-. Sec. 6-68. Bypass .....................................................~ ^^ ARTICLE XIV. ~4.-FEES AND CHARGES. -1-4-)-Sec. 6-69. Fees and Charges.- ...........................................~ ^~ -1-4-~-Sec. 6-70. Industrial Surcharge.- ....................... ~ ^'' ARTICLE XV. ~-MISCELLANEOUS PROVISIONS. a-~-)-Sec. 6-71.Appeals .....................................................` ^Q -1-~-~ Sec. 6-72. Effective Date ...............................................~ ^ Q CHAPTER 7 CONTRACT FUNDING RULES AND REGULATIONS -I-Sec. 7-1. Purpose ..............................................' , Sec. 7-2. Effective Date and Duration ...............................' ' 3-Sec.7-3.Scope .........................................................~ , 4-Sec. 7-4. Administration of Rules and Regulations ............................'' ' Sec. 7-5. Contracts Funded Entirely from Operating Revenues ....................' ' 6-Sec. 7-6. Contracts Funded Entirely from the Proceeds of Joint Revenue Bonds..- :.7-= Sec. 7-7. Contracts Funded Partly with Joint Revenue Bonds or Operating Funds and Partly with Funds of a Tenant ..............................~ ' S:-Sec. 7-8. Board Contract Funded Entirely by Tenant ............................' Sec. 7-9. Tenant Contractors........:. ' ............................... ~-i+ CHAPTER 8 COMMERCIAL ACTIVITIES ARTICLE I. GENERAL COMMERCIAL ACTIVITIES. Sec. 8-1. Soliciting ............................................ o , ... ~`~. ~ Sec._8-?. Advertising ........................... ±: Sec._ 8-3. Commercial Photography and Moving Picture Production .............. . DRAFT 6/25/10 4. Sec. 8-4. Newsracks .....................-............................° ~ ARTICLE II. FOOD ESTABLISHMENTS. Sec. 8-10. Food Protection and Sanitation ..................................° Sec. 8-l l .Designation of Health Authority ....................................° Sec. 8-12. State Regulations Adopted ........................................° &: Sec. 8-13. Definitions .....................................................° ., Sec. 8-14. Food Permits .................................................° ~ -I-9: Sec. 8-15. Inspections. ................................................° c a-1- Sec. 8-16. Food Manager Certification ......................................° c -I-Z Sec. 8-17. Options .......................:..............................° c -1-3.Reserved .....................................................° c ARTICLE III. POOLS AND SPAS. -I4: Sec. 8-20. Public Swimming Pool and Spa Permit Program Inspections Intent ..........° ~ -l•3- Sec. 8-21. Designation of Health Authority .:................................° ~ -1-6- Sec. 8-22. State Regulations Adopted ......................................° ~ -1-~ Sec. 8-23. Definitions .................................................... ° ~ ~-S: Sec. 8-24. Public Swimming Pool and Spa Permits .............................° ~ Sec. 8-25. Inspections ..................... ...............................° -, 2& Sec. 8-26. Public Pool/Spa Manager Certification ..............................° 4 CHAPTER 9 fie-AIRPORT SECURITY Z` f~+F~6rt Se6Hri''~ .. :J-T Pend Izrev+s+e{ts .............'see--1 8` ...........................9-2 ARTICLE I. IN GENERAL. Sec. 9-1. Airport Security. Sec. 9-2. Definitions. ARTICLE II. SECURITY VIOLATIONS. Sec. 9-10. Unattended Items. Sec. 9-1 1. Emergency Exits. Sec. 9-12. Bypass Security Screenine Process. Sec. 9-13. Violation of Restricted Area. Sec. 9-14. General Violation. 10 DRAFT 6/25/10 ARTICLE III. ACCESS VIOLATIONS. Sec. 9-20.Obedience to Signs. Sec. 9-21. Entrance Using SIDA Badge. Sec. 9-22. Display of Badge. Sec. 9-23. Falsification of Badge Application. Sec. 9-24. Failure to Challenge. Sec. 9-25. Failure to Report Security Violation. Sec. 9-26. Unauthorized Use of Access Media. Sec. 9-27. Prohibited Items. Sec. 9-28. AOA Access. Sec. 9-29. Escorting budge Holder. Sec. 9-30.Obtain an Unauthorized Escort. Sec. 9-31. Tampering with Security Device. Sec. 9-32. Fail to Prevent Unauthorized Access. Sec. 9-33. Badge Control. G#'~A 1-~atehl+nes e~See#~ens .. .....................................'~ ~ Sevefabili .........................................',-o-T 3--Pet~alt3;-~en~int~i~g-~~iea~tiens ...........................................'~ appendix i appendix ii (repealed 11-26-2009) appendix iii (repealed 11-26-2009) appendix iv (repealed 11-26-2009) 11 7/15/10 ~'^,' .4 •~ n n n n pp > > ~ 'Z~GVGQ 7/15/10 • , t#-~e~d- ~r 7/15/10 Chapter 1 General Provisions Sec.1-1. Title. Sec. 1-2. Intent. Sec.1-3. Scope. Sec.1-4. Definitions. Sec. 1-5. Catchlines of Sections. Sec.1-6. Severability. Sec. 1-7. Culpable Mental State. Sec. 1-8. Adoption of Code. Sec. 1-9. Penalty. Continuing Violations. Sec. 1-10. Laws of the State of Texas. SEC.1-1. TITLE. The Codes embraced in this and the following chapters and sections shall constitute and be designated "The Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board." and may be so cited. Such code may also be referred to as "this Code" or "the Code." SEC. 1-2. INTENT. It is the intent of this Code to establish certain rules and regulations necessary to the maintenance and promotion of the peace, health, good government and welfare of the Dallas- Fort Worth International Airport, to provide for the best performance of the functions thereof, for the security of persons using the Dallas-Fort Worth International Airport and to provide by such rules and regulations and by concurrent ordinances of the Cities adopting this Code, for suitable penalties for the violation of its provisions. SEC.1-3. SCOPE. The provisions of this Code shall constitute a special enactment of effect only within the boundaries of the Dallas-Fort Worth International Airport, pursuant to Transportation Code, Section 22.082 and adopted in cooperation and concert with the Cities of Dallas and Fort Worth. This Code shall not be construed to waive or set aside any provisions contained in other Dallas- Fort Worth International Airport Board approved rules or regulations not expressly repealed hereby or other existing ordinances of the Cities of Dallas and Fort Worth applicable to the Dallas-Fort Worth International Airport or any law of the State of Texas applicable to the Dallas- Fort Worth International Airport. To the extent of any conflict between this Code and the existing 7/15/10 or future general ordinances of any city other than the Cities of Dallas and Fort Worth, this Code shall prevail within the boundaries of the Dallas-Fort Worth International Airport. SEC.1-4. DEFINITIONS. AIR OPERATIONS AREA or "AOA" shall mean the area of the Dallas-Fort Worth International Airport bounded by a fence or to which access is otherwise restricted and which is primarily used or intended to be used for landing, taking-off or surface maneuvering of aircraft. The AOA does not include those leasehold areas within or having direct access to the AOA which are subject to security requirements imposed on the lessee or tenant under appropriate federal regulations or agreement incorporated in a signed lease. AIRPORT shall mean all of the land, improvement, facilities and developments within the boundaries of the Dallas-Fort Worth International Airport. AIRPORT BOARD or BOARD shall mean the Dallas-Fort Worth International Airport Board. AIRPORT ROADWAY means any portions of a street, roadway, or highway within the boundaries of the Airport. CODE shall mean "The Code of Rules and Regulations of the Dallas-Ft. Worth International Airport Board". DIRECTOR shall mean the head of a Board department having the title Vice President. EXECUTIVE DIRECTOR shall mean the Chief Executive Officer of the Dallas-Fort Worth International Airport Board, or his designee. GENDER. A word importing the masculine gender only shall extend and be applied to include females and to firms, partnerships and corporations as well as to males. GROUND TRANSPORTATION BUSINESS shall mean the pursuance of the occupation of transporting passengers, material or baggage for hire, either within the Airport or from or to the Airport and points outside thereof. PERMIT shall mean an official written instrument granting a special privilege and issued by the Airport Board. PERSON shall mean any individual, firm, partnership, corporation, sole proprietorship government, association, company or an agency, trust, partnership of two or more persons having a joint or common economic interest. RESTRICTED AREA shall mean any area locked or posted by the Airport to either prohibit or limit entry or access to specific authorized persons. VEHICLE shall mean and include automobiles, trucks, buses, motorcycles, horse-drawn vehicles, bicycles, pushcarts and any other device in or upon or by which any person or property is or may be transported, carried, or drawn upon land, except aircraft and railroad rolling equipment or other devices running only on stationary rails or tracks. 7/15/10 VEHICULAR PARKING AREA shall mean those portions of the Airport designated and made available temporarily or permanently by the Airport Board for the parking of vehicles. SEC. 1-5. CATCHLINES OF SECTIONS. Catchlines of the sections of this Code are intended as mere catchwords to indicate general contents of the section, and for index or search convenience and shall not be taken or deemed to be titles nor shall same be construed as a substantive part of any section. SEC.1-6. SEVERABILITY. The sections, subsections, sentences, clauses and phrases of this Code are severable and if any phrase, clause, sentence, paragraph, subsection or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction such unconstitutionality shall not affect any of the remaining phrases clauses sentences paragraphs, subsections and sections of this Code, since the same would have been enacted without the incorporation in this Code of any such unconstitutional phrase clause sentence paragraph, subsection or section. SEC. 1-7. CULPABLE MENTAL STATE. ~ A culpable mental state is not required for the commission of an offense under this code or another city ordinance that is punishable by a fine not exceeding $500 unless the provision defining the conduct expressly requires a culpable mental state In accordance with Section 6.02 of the Texas Penal Code and not withstanding any code or ordinance provision to the contrary, a culpable mental state is required for the commission of an offense under this code or another city ordinance that is punishable by a fine exceeding $500. ~ When a culpable mental state is required for the commission of an offense under this code or another city ordinance, a person must have acted knowingly or with knowledge, unless the provision defining the conduct expressly requires a different degree of culpability. A person acts knowingly. or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly or with knowledge with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. SEC. 1-8. ADOPTION OF CODE. ~ The Board may from time to time adopt certain additional resolutions rules regulations and orders which it deems to be necessary to the maintenance and promotion of the peace, good government and welfare of the Airport for the performance of the functions thereof, for the order and security of its inhabitants users and visitors, and to protect the peace lives health and property of such inhabitants, users and visitors, and prescribed suitable penalties for the violation thereof, all in the manner prescribed by Transportation Code Chapter 22 and such 7/15/10 rules, regulations and orders shall not be construed as an attempt to waive or set ?~ `'' aside anv provisions contained in the existing ordinances of anv city or in anv law of the State of Texas. To the extent of anv conflict between the existing or future general ordinances of anv city, such rules, regulations and orders of the Board shall prevail and be effective within the boundaries of the Airport, but not otherwise. ,~ Duly certified copies of all rules, regulations and orders of the Board pertaining to the subjects mentioned in SEC. 1-8(a), and prescribing penalties for violations, shall be forwarded by the Executive Director to the chief administrative officer of the Cities of Dallas and Fort Worth to adopt the Code; and the duly authorized and commissioned peace officers or other enforcement officers of the Board shall thereafter be authorized to file cases arising thereunder in such municipal courts, in addition to anv other convenient and proper forum. SEC. 1-9. PENALTY, CONTINUING VIOLATIONS. ~ The violation of anv provision of this Code where an act or a failure to act is made unlawful or is otherwise prohibited, shall be punishable by a fine: not to exceed $500.00; not to exceed $2,000.00 if the provision violated governs fire safety, or public health and sanitation, including dumping of refuse; or 3~ fixed by State law if the violation is one for which the State has fixed a fine. A person violating a provision of this Code is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted, unless otherwise provided. SEC. 1-10. LAWS OF THE STATE OF TEXAS. All portions of this Code shall be cumulative of all applicable civil and criminal laws of the State of Texas. DRAFT 7/14/10 « ,, ..A L_~,__ __, ~I_i__\! _1_'_1__71 ___1____t_ ] t t . rr .. .~ . ... ~'~'~`. 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DRAFT 7/14/10 ~ t F'i - - ' b DRAFT 7/14/10 ..r: ~ccnvir. b s f 10 DRAFT 7/14/10 `~ _ ~,1,'1:,~tiF-~~/imn~• ,a,,,o,. 4.,, 4. F L,- F4' r 11 DRAFT 7/14/10 ~ A., ^~mnhi~i~~tinn/i~~r L,o r L. 1, la 'rl A4 }, 4'+ rl, Y b b? ^~4:^0 ao pro ~~'~"BF b ~~ -, .. 12 DRAFT 7/14/10 b e ~ ~ ~ ~ 13 DRAFT 7/14/10 Chapter 2 Traffic Regulation ARTICLE I. IN GENERAL. Sec. 2-1. General Law Governing. Sec. 2-2. Traffic Control Installations. Sec.2-3. Definitions. ARTICLE II. ENFORCEMENT. Sec. 2-5. Law Enforcement. Sec. 2-6. Parking Enforcement. Sec.2-7. Towing. ARTICLE III. LANDSIDE TRAFFIC. Sec.2-10. Obedience to Traffic Control Devices. Sec.2-11. Cruising. ARTICLE IV. AIRSIDE TRAFFIC. Sec. 2-20. Control of Vehicles. Sec. 2-21. Authority to Operate on the AOA. Sec. 2-22. Yield to Aircraft. Sec. 2-23. Aircraft Movement Area. Sec. 2-24. Speed Limit and Traffic Control. Sec. 2-25. Reckless Driving. Sec. 2-26. Obedience to Signs. Sec. 2-27. Parking on the AOA. Sec. 2-28. Motor Vehicle Accidents. Sec. 2-29. Driving Under the Influence. Sec. 2-30. Possession or Consumption of an Alcoholic Beverage 14 DRAFT 7/14/10 ARTICLE V. PARKING VIOLATIONS. Sec. 2-40. Obedience to Signs. Sec. 2-41. No Parking. Sec. 2-42. Unauthorized Zone. Sec. 2-43. Limited Parking. Sec. 2-44. Fire Lane. Sec. 2-45. Failure to Park in Marked Space. Sec. 2-46. Employee Parking Areas. Sec. 2-47. Parking by Air Operation Areas Fences. Sec. 2-48. Passenger Loading Zones - No Unattended Vehicle. Sec. 2-49. Impeding Flow of Traffic. Sec. 2-50. Loading Zone. Sec. 2-51. Parking Defenses. ARTICLE VI. ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS. Sec. 2-60. Parking Violations Made Civil Offenses. Sec. 2-61. General Authority and Dutv of the Vice President of Operations Sec. 2-62. Hearing Officers; Powers, Duties and Functions. Sec. 2-63. Parking Citations Form. Sec. 2-64. Service of a Parking Citation; Presumption of Service. Sec. 2-65. Liability of the Vehicle Owner and Operator Presumption of Liability. Sec. 2-66. Answering a Parking Citation. Sec. 2-67. Adjudication by Mail. Sec. 2-68. Hearings for Disposition of a Parking Citation Parking Citation as Prima Facie Evidence. Sec. 2-69. Failure to Answer a Parking Citation or Appear at a Hearina Sec. 2-70. Civil Fine Schedule. Sec. 2-71. Enforcement of Order. 15 DRAFT 7/14/10 Sec. 2-72. Removal of Immobilization Device. Sec. 2-73. Immobilization/Impoundment Hearing. Sec. 2-74. Appeal from Hearing. Sec. 2-75. Disposition of Civil Fines, Penalties. and Costs. ARTICLE I. IN GENERAL. SEC. 2-1. GENERAL LAW GOVERNING. All of the provisions of State Law governing the regulation of motor vehicles including but not limited to Transportation Code Title 7 - "Vehicles and Traffic" Subtitle C - "Rules of the Road". Transportation Code Chapter 502 - "Registration of Vehicles" Transportation Code Chapter 501 - "Certificate of Title Act", Transportation Code Chapter 521 - "Driver's Licenses and Certificates", Transportation Code Chapter 601 - "Motor Vehicle Safety Responsibility Act" and Transportation Code Chapter 683 - "Abandoned Motor Vehicles" are hereby declared to be in effect on Airport Roadways, except the provisions of said Statutes changed by this Code under the authority of State Law. SEC. 2-2. TRAFFIC CONTROL INSTALLATIONS. ~ All devices, signs, signals, markings or insignia shall conform to the manual and specifications adopted by the Texas Transportation Commission as set forth in Transportation Code. Section 544.001 and Transportation Code Section 544 002 Except for speed limit signs, all traffic control devices, signs signals markings and insignias as presently located erected or installed on the premises of the Airport are hereby adopted, affirmed and ratified. The Executive Director shall conduct studies and investigations relating to all such traffic control devices signs signals markings and insignia, and in accordance with such studies make chanaes deemed necessary. This includes declaring a parking ban for specified areas of the Airport in the interest of traffic safety or security. Anv changes when effected shall be entered upon an official record to be maintained by the Executive Director ~ Based upon the authority vested in the Cities of Dallas and Fort Worth by Transportation Code, Section 545.356 and Transportation Code Section 545 363 the speed limits upon the streets, ways, passages and vehicular routes within the boundaries and confines of the Airport are set, affirmed and ratified as described in Appendix I of this Code. Unless otherwise provided the maximum speed limit on streets, ways, passages and vehicular routes within the boundaries and confines of the Airport shall be thirty (30) miles per hour. The streets ways passages and vehicular routes, and their corresponding block numbers within the boundaries and confines of the Airport, are set, affirmed, and ratified as described in Appendix I of this Code. In compliance with the above authority the Airport Board directs the Executive Director to perform engineering and traffic investigations to ensure the prima facie maximum speed limits set forth in Appendix I are reasonable and safe under the conditions found to exist at all intersections and Airport Roadways. The 16 DRAFT 7/14/10 delegation of authority herein granted shall not extend to establishing or changing speed limits, but shall be established by the Airport Board according to the requirements of State Law as delegated to the Cities by Legislative enactment. SEC.2-3. DEFINITIONS. ABANDONED VEHICLE shall have the meaning assigned in Section 683.002 of the Texas Transportation Code. ADMINISTRATOR shall mean the Vice President of Operations of the Dallas-Fort Worth International Airport Board and includes his designated representatives, agents or Airport Board employees. AIR OPERATIONS AREA or "AOA" shall mean the area of the Dallas-Fort Worth International Airport bounded by a fence or to which access is otherwise restricted and which is primarily used or intended to be used for landing, taking-off or surface maneuvering of aircraft The AOA does not include those leasehold areas within or having direct access to the AOA which are subject to security requirements imposed on the lessee or tenant under appropriate federal regulations or agreement incorporated in a signed lease. AIRCRAFT RESCUE AND FIRE FIGHTER ROAD (AARF) or EMERGENCY ACCESS ROADS shall mean roads on the AOA that are maintained to support emergency responses AUTHORIZATION or AUTHORIZED shall mean acting under _or pursuant to a written contract, permit, authorization or other evidence of right issued by the Executive Director or his •" designee. BADGE shall mean an identification card issued by the Airport to identify a person with access authorization. CRUISING shall mean operating a motor vehicle so as to pass the same location 3 times within a 2 hour period. DISABLED PARKING PLACARD shall mean the placard issued by the state under section 681.002 of the Texas Transportation Code, as amended. DISABLED PERSON shall mean a person who has a permanent or temporary disability within the meaning of Section 681.001 in the Texas Transportation Code, as amended and who has applied for and received: ~ a disabled person or disabled veteran license plate from the state a disabled parking placard from the state; or ~ a license plate or placard bearing the international symbol of access issued by a U.S. state or by a state or province of a foreign country. DISABLED PERSON LICENSE PLATE shall mean the specially designed license plate of a vehicle, issued by the state to a permanently disabled person under Section 504 201 of the Texas Transportation Code, as amended. 17 DRAFT 7/14/10 DISABLED VETERAN LICENSE PLATE shall mean the specially designed license plate of a vehicle, issued by the state to a disabled veteran under Section 504.202 of the Texas Transportation Code, as amended. DPS shall mean the Dallas-Fort Worth International Airport Board Department of Public Safety ESCORT shall mean to accompany and monitor the activities of an individual who does not have unescorted access authority into or within a sterile area, secured area or SIDA. INTERNATIONAL SYMBOL OF ACCESS shall have the meaning defined in Section 681.001 of the Texas Transportation Code, as amended. JUNKED VEHICLE shall have the meaning defined in Section 683.071 of the Texas Transportation Code. MOVEMENT AREA shall mean the area of the AOA utilized for taxiing, takeoff, and landing of aircraft and includes adjacent undeveloped areas. The movement area does not include loading ramps and parking area ramps. NON-MOVEMENT AREA shall mean the area that includes all aircraft parking areas loading ramps and aircraft maintenance ramps. OPERATOR shall mean anv person in control of a vehicle, including a railroad train or a vehicle being towed. OWNER shall mean a person in whose name the legal title of an aircraft or a motor vehicle is held or vested. PARK or PARKING shall mean to stand an occupied or unoccupied vehicle, other than temporarily while loading or unloading merchandise or passengers. PARKING BAN shall mean certain hours or times during which standing. parking or stopping of a vehicle is prohibited along the curb of designated street as indicated by signs. RESTRICTED AREA shall mean anv area locked or posted by the Airport to either prohibit or limit entry or access to specific authorized persons. STAND or STANDING shall mean to halt an occupied or unoccupied vehicle, other than temporarily while receiving or discharging passengers. STOP or STOPPING shall mean: ~ when required, to completely cease movement: and, when prohibited, to halt including momentarily halting an occupied or unoccupied vehicle, unless necessary to avoid conflict with other traffic or to comply with the directions of a police officer or a traffic control sign or signal UNATTENDED VEHICLE shall mean a vehicle that is stopped or parked and whose driver and passengers have exited the vehicle and moved more than 50 feet away from the vehicle leaving, it unoccupied. 18 DRAFT 7/14/10 ARTICLE II. ENFORCEMENT. SEC. 2-5. LAW ENFORCEMENT. ~ Composition of Police Force. The police force of DFW International Airport shall consist of the Chief of Police and such number of officers as the Airport Board authorizes. Chief of Police. shall be responsible for the proper administration and operations of the police department; ,~ shall have the authority to appoint peace officers for specific duties at the Airport .~ Duties and Powers of Police Officers. Law enforcement officers are charged with maintaining peace and order and protecting the citizens of the DFW Airport. The Department of Public Safety shall provide continuous patrol services, response to citizens' calls for assistance investigate criminal offenses and security violations apprehend offenders provide traffic enforcement and enforce all codes and laws local state and federal the enforcement of which it is charged with. SEC. 2-6. PARKING ENFORCEMENT. In addition to DPS law enforcement officers the VP of Operations and the VP of Customer Service and their designated representatives shall have enforcement authority in this Chapter related to parking or stopping a vehicle in terminal parking facilities on the upper or lower level roadways adjacent to passenger terminals at the central queue and Consolidated Rental Car Facility. SEC.2-7. TOWING. ~ Anv vehicle which is abandoned or iunked, parked in violation of this code or representing an operational hazard at the Airport may be booted removed or towed away and impounded all at the operator's or owner's expense and without liability for any damage to the vehicle. Such expense shall be a lien against the vehicle and payment in full shall be a prerequisite to the reclaiming of the vehicle by the operator or owner. The method of disposition of abandoned or iunked motor vehicles or other vehicles shall be as set forth in the Transportation Code Chapter 683 .~ Anv boat, trailer, storage compartment or other like property left in any terminal remote, or employee parking facility on the Airport without authorization from the Executive Director will be towed away and impounded all at the operator's or owner's expense and without liability for any damage to the vehicle 19 DRAFT 7/14/10 Law Enforcement Officers of The Department of Public Safety are authorized to remove or impound vehicles found in violation of this chapter which represent an operational hazard or that impede the efficient operations of any Airport Roadway or the Air Operations Area. ~ The VP of Customer Service. the VP of Operations DPS and their designated representatives are authorized to impound any vehicle that is in violation of parkina or stopping of vehicles found: in terminal parking facilities; on the upper or lower level roadways adjacent to passenger terminals at the central queue; or at the Consolidated Rental Car Facility. ARTICLE 111. LANDSIDE TRAFFIC. SEC. 2-10. OBEDIENCE TO TRAFFIC CONTROL DEVICES. No person shall operate a vehicle on any Airport roadway in violation of an official traffic control device except when necessary to avoid conflict with other traffic or to be in compliance }~{ with the law or the directions of a police officer, a traffic or parking controller SEC.2-11. CRUISING. ~ A_person commits an offense if he drives a regulated vehicle and he' engages in cruising within 500 feet of any Airport Terminal bus stop rental car facility, parking facility or any other location designed to assist Airport customers locate alternate means of transportation to or from the Airport and does not possess a valid dispatch authorization or other form of permission from the Administrator. Enforcement; Enforcement action may be taken under this section any time after a police officer has determined that the driver of a vehicle has passed the same location more than 3 times within a 2 hour period. 20 DRAFT 7/14/10 ARTICLE IV. AIRSIDE TRAFFIC. SEC. 2-20. CONTROL OF VEHICLES. The control of all vehicular traffic on the AOA shall be governed by applicable federal and state laws and these rules and regulations. SEC. 2-21. AUTHORITY TO OPERATE ON THE AOA. ~ No person shall enter by foot or other conveyance or operate any motor vehicle on the AOA, unless it is directly related to an aviation activity on the Airport, the business of the Airport Board, or the business of a tenant, an authorized subtenant or authorized user of the Airport. A person commits an offense if he is on the AOA and: does not display evidence of authorization issued by the Executive Director or his designee; or is not under authorized escort as described in Chapter 9. ~ A person commits an offense if he operates a motor vehicle on the AOA and: does not have a valid government issued driver's license in his possession; does not have a license in his possession that is appropriate for the type of vehicle being operated; or, does not display or refuses to present a driver's license upon demand by a Peace Officer. SEC. 2-22. YIELD TO AIRCRAFT. A person commits an offense if he operates a vehicle and fails to yield the right-of-way to any aircraft in motion. Sec. 2-23. AIRCRAFT MOVEMENT AREA. ~ A person commits an offense if he operates a motor vehicle or travels by foot or by any conveyance and crosses the non-movement area boundary marking from the non-movement area into the movement area, unless in support of airport operations. A person commits an offense if he operates a motor vehicle or travels on foot or by any conveyance and crosses the runway holding position marking of an active runway without first having received clearance to proceed from the FAA control tower. ~ It is a defense to prosecution for a violation of this subsection if the person is being !^1;:"; escorted by an authorized SIDA badge holder who is responsible for receiving ~~~ clearance from the FAA control tower. 21 DRAFT 7/14/10 SEC. 2-24. SPEED LIMIT AND TRAFFIC CONTROL. A person commits an offense if he operates any motor vehicle, other than an emergency vehicle: ~ in the Non-Movement Area at a speed in excess of twenty (20) miles per hour; or on the ARFF service roads in excess of forty-five (45) miles per hour. SEC. 2-25. RECKLESS DRIVING. A person commits an offense if he operates a motor vehicle on the AOA in a willful or wanton disregard for the safety of persons or property. SEC. 2-26. OBEDIENCE TO SIGNS. A person commits an offense if while on foot or operating any vehicle on the AOA: ~ he disregards a posted regulatory sign, special sign, signal, marking or device used to regulate, warn, or guide traffic; or fails to comply with directions given by the control tower, a law enforcement officer or a person designated by the Airport to control traffic. SEC. 2-27. PARKING ON THE AOA. ~:, A person commits an offense if he parks a motor vehicle, vehicle, trailer, or other equipment on the AOA: ~ in a manner contrary to any posted regulatory signs, traffic control devices or pavement markings; or in any manner that prevents the passage or movement of aircraft. vehicles, trailers or pedestrians. SEC. 2-28. MOTOR VEHICLE ACCIDENTS. Any person operating a motor vehicle on the AOA which is involved in an accident resulting in iniury to any person or damage to another's property shall: ~ immediately stop at the scene or as close as possible; ,~ render aid if necessary; ~ exchange driver, vehicle, and insurance information if necessary; and ,~ notify the DFW Airport DPS and the Airport Operations Center. SEC. 2-29. DRIVING UNDER THE INFLUENCE. A person commits an offense if he operates a motor vehicle on the AOA and: ~ has any detectable amount of alcohol in the person's system~ 22 DRAFT 7/14/10 has anv detectable amount of a dangerous drug in the person's svstem• or ~ does not have the normal use of his mental or ohysical faculties by reason of the introduction of a controlled substance, a drug a combination of two or more substances or anv other substance into the body. SEC. 2-30. POSSESSION OR CONSUMPTION OF AN ALCOHOLIC BEVERAGE ~ A person commits an offense if he is in possession of an alcoholic beverage on the Air Operations Area unless he is: an airline employee serving an alcoholic beverage in performance of his duties; or an employee of an airline or a contracted delivery person delivering alcohol to an aircraft or a terminal building. A person commits an offense if the person consumes an alcoholic beverage on the Air Operations Area unless he is a ticketed passenger on an aircraft where alcoholic beverages are served by airline personnel. ARTICLE V. PARKING VIOLATIONS. SEC. 2-40. OBEDIENCE TO SIGNS. ~ A person commits an offense, if as the operator of a vehicle he stops stands or parks a vehicle within the boundaries of the Airport in violation of an official sign curb marking or street marking prohibiting regulating or restricting the parking stopping or standing of vehicles except when necessary to avoid conflict with other traffic or to be in compliance with the law or the directions of a police officer A person commits an offense if he: is not a disabled person or transporting a disabled person and stops stands or parks a vehicle with a valid disabled person license plate a disabled veteran license plate, a disabled parking placard or a license plate or placard bearing the international symbol of access in a parking space or area designated specifically for the disabled; or stops, stands, or parks a vehicle that does not display a valid disabled person license plate, a disabled veteran license plate a disabled parking placard or a license plate or placard bearing the international symbol of access in a parking space or area designated specifically for the disabled• or stops, stands, or parks a vehicle in such a manner that the vehicle blocks an access or curb ramp or any other architectural improvement designed to aid the disabled. 23 DRAFT 7/14/10 SEC. 2-41. NO PARKING. A person commits an offense if as the operator of a vehicle, he parks a vehicle within the boundaries of the Airport in a no parkins zone designated by an official sign. SEC. 2-42. UNAUTHORIZED ZONES. A person commits an offense if: ~ as the operator of a vehicle he stops, stands, or parks in a zone desisnated by the Airport for the use of a specified transportation provider and the vehicle he is drivins does not display a valid permit or other proof of authorization issued by the Airport; or, as the operator of an authorized Limo, Taxi, Terminal Link, Shared Ride vehicle, or other courtesy vehicle he stops, stands, or parks in a zone for which his vehicle is not authorized. SEC. 2-43. LIMITED PARKING. A person commits an offense if as the operator of a vehicle he stops, stands, or parks a vehicle in violation of an official sign which desisnates a time limit for parkins. SEC. 2-44. FIRE LANE. `,~ A person commits an offense if the person stops, stands, or parks a vehicle in a fire lane except when necessary to avoid conflict with other traffic or to be in compliance with the law or the directions of a police officer. SEC. 2-45. FAILURE TO PARK IN MARKED SPACE. A person commits an offense if in an Airport operated parking area he parks a vehicle in a marked parking space and fails to park within the lines as desisnated. SEC. 2-46. EMPLOYEE PARKING AREAS. A person commits an offense if he operates, parks, or stands a motor vehicle within an Airport operated parking area desisnated for employee parkins unless a valid permit, decal, or other authorization issued by the Airport is displayed on the vehicle in a manner established by the Administrator. SEC. 2-47. PARKING BY AIR OPERATION AREAS FENCE. A person commits an offense if he parks a vehicle or leaves other property within ten S10) feet of an AOA fence. SEC. 2-48. PASSENGER LOADING ZONES - NO UNATTENDED VEHICLE. ~ The Airport Board may establish zones for loading or unloading passensers where ~.~;; no unattended vehicles are permitted. Such zones shall be designated with appropriate control devices, signs, signals, markinss or insisnia. 24 DRAFT 7/14/10 A person commits an offense if the person parks, stops, or stands anv vehicle and leaves it unattended in anv Passenger Loading or No Unattended Vehicle zone SEC. 2-49. IMPEDING FLOW OF TRAFFIC. A person commits an offense if he parks, stops or stands a vehicle in anv Airport Roadway, Crosswalk, Sidewalk, Driveway, Air Operations Area Taxiway Parking Area Passenger Loading Zone, Loading Zone, at the Central Queue or in front of or near any entrance or exit to any building at the Airport so as to block obstruct or impede the free passage of any vehicles or pedestrians. SEC. 2-50. LOADING ZONES. ~ The Airport Board may establish Loading Zones for the loading and unloading of material at the Airport. Loading zones shall be designated with appropriate control devices or signs and may designate specific times for the activity. A__person commits an offense if he: stops, stands or parks any vehicle in a Loading Zone other than for unloading and delivery, pickup and loading of material by a vehicle authorized by the Executive Director for such use: or, stops, stands or parks any delivery vehicle authorized by the Executive Director in a Loading Zone and exceeds the time limit or specified time window established by the Airport Board and posted in such Loading Zone SEC. 2-51. PARKING DEFENSES. ~ Law Enforcement and Emergencv Service Vehicles. It is a defense to prosecution under this Chapter that a vehicle in violation was owned or operated by a law enforcement agency fire department or Emergencv Medical Service provider and parked to support the performance of official duties. Authorized persons. It is a defense to prosecution under this Chapter that a vehicle in violation ' ~ was parked in a limited parking space and had parking authorization in a form approved by the Executive Director and authorization was placed to be clearly visible on the front windshield of the vehicle or stopped, stood, or parked at the direction of a law enforcement officer a traffic or parking controller, or an official traffic-control device 25 DRAFT 7/14/10 • ARTICLE VI. ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS. SEC. 2-60. PARKING VIOLATIONS MADE CIVIL OFFENSES. Every violation of Article V of this chapter governing the stopping, standing, or parking of a vehicle is a civil offense. SEC.2-61. GENERAL AUTHORITY AND DUTY OF THE VICE PRESIDENT OF OPERATIONS. The Vice President of Operations of the Airport Board or his designated representative shall implement and enforce this section and may by written order establish such rules or regulations, not inconsistent with this section, as the Vice President of Operations determines are necessary to discharge his duty under, or to effect the policy of, this section. SEC. 2-62. HEARING OFFICERS; POWERS, DUTIES, AND FUNCTIONS . ~ Hearing officers shall be appointed by the Vice President of Operations, or his designated representative, to administratively adjudicate all parking violations for which a parking citation has been issued under this chapter of this Code. Hearing officers shall have the following powers, duties, and functions: ® ~ to administer oaths: to accept admissions to, and to hear and determine contests of, parking violations under this section: to issue orders compelling the attendance of witnesses and the production of documents, which orders may be enforced by a municipal court; to assess civil fines, penalties, and other costs for a parking violation in accordance with SEC.2-70 of this section: to waive penalties assessed for a parking violation in accordance with Sec.2- 70 of this section: and to preside over, hear evidence, and make findings at an immobilization or impoundment hearing in accordance with this section. SEC. 2-63. PARKING CITATIONS; FORM. ~ A parking citation serves as the summons and complaint for purposes of this section. A parking citation must be on a form prescribed by the Vice President of Operations or his designated representative, and must include the following information: the nature, date, time, and location of the alleged parking violation; 26 DRAFT 7/14/10 the license plate number of the illegally parked vehicle or if not visible or legible, the vehicle identification number or the inspection tap number the make of the illegally parked vehicle the date, time, and location of the administrative adiudication hearing to be set not later than 15 calendar days after the date of issuance of the parking citation; a notification that the person charged with the parking violation has the right to an instanter hearing any business day before the scheduled administrative adiudication hearing: and a notification that failure to timely appear at either an instanter hearing or a scheduled administrative adiudication hearing is considered an admission of liability for the parking violation charge and will result in the assessment of appropriate civil fines, penalties and costs and may result in the immobilization, towing, and impoundment of the vehicle for which the citation was issued. ~ The original or any copy of a parking citation is a record kept in the ordinary course of Airport Board business and is prima facie evidence of the facts contained in the parking citation. SEC. 2-64. SERVICE OF A PARKING CITATION; PRESUMPTION OF SERVICE ~ A parking citation must be served personally upon the operator of a vehicle who is present at the time of service. If the operator is not present or cannot otherwise be personally served, the parking citation must be served upon the registered owner of the vehicle by affixing the parking citation to the vehicle in a conspicuous place An operator of a vehicle who is not the vehicle's owner but who uses or operates the vehicle with the express or implied permission of the owner shall be considered the owner's agent authorized to receive a parking citation required to be served upon the registered owner or operator of a vehicle in accordance with the provisions of this section. ~ If the owner or operator of a vehicle drives the vehicle away from or in any manner leaves the site of the parking violation while the issuing officer is preparing the parking citation, or refuses service of the parking citation this fact shall be noted on the original and all copies of the parking citation. The original parking citation must be signed by the issuing officer who shall affirm the truth of the facts set forth in the citation. ~ The original and all copies of a parking citation are prima facie evidence that the parking citation was issued and that an attempt at service was made in accordance with the provisions of this section. 27 DRAFT 7/14/10 SEC. 2-65. LIABILITY OF THE VEHICLE OWNER AND OPERATOR; PRESUMPTION OF LIABILITY. ~ Except as provided in subsection (b), the registered owner and the operator of a vehicle, when not the same, shall both be liable to the Airport Board for a parking violation charge, except that the operator of a vehicle shall be solely liable if the owner can prove that the vehicle was operated without the owner's express or implied consent. A vehicle owner who pays any civil fines, penalties, or costs pursuant to this section shall have the right to recovery from the vehicle operator. A vehicle owner who is engaged in the business of renting or leasing vehicles under written rental or leasing agreements shall not be liable for parking fines, penalties and costs imposed by the Airport Board on a rented or leased vehicle if, within 30 days after receiving written notice of a parking violation, the vehicle owner provides in affidavit form the true name, address, driver's license number and state or country of issuance of the person in possession of the vehicle at the time the parking citation was issued, or a true copy of the lease or rental agreement in effect at the time the parking citation was issued. ~ A lessor of a vehicle who fails to comply with subsection (b) shall be treated as any other vehicle owner and shall be liable with the vehicle operator for a parkins violation charge. It is a defense to any charge of a parking violation that, at the time of the violation the illegally parked vehicle was reported to a police department as having been stolen prior to the time of the violation and had not vet been recovered. ~ In any hearing to administratively adjudicate a parkins ci_t_ation, it is presumed that the registered owner of the vehicle for which the citation was issued is the person who stopped, stood, or parked the vehicle at the time and place of the parking violation. Proof of ownership may be made by acomputer-generated record of the registration of the vehicle showing the name of the person to whom the license plate was issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued. SEC. 2-66. ANSWERING A PARKING CITATION. ~ A person who has been issued a parking citation shall answer to the charge of the parking violation by the date shown on the citation. An answer may be made in any of the following ways: an admission of liability with payment of the applicable civil fine and any additional penalties and costs: a denial of liability made before a hearing officer at an administrative adjudication hearing on a date specified in the parking citation or at an instanter hearing before that date: an admission of liability with an explanation made before a hearing officer at } an administrative adjudication hearing on a date specified in the parking citation or at an instanter hearing before that date; 28 DRAFT 7/14/10 a request for permission from a hearinq officer to adjudicate by mail; or a request to reset a scheduled administrative adjudication hearinq from the date shown on the parking citation. A scheduled hearinq may not be reset more than once unless the person charged pays to the Vice President of Operations, or his designated representative an amount equal to the applicable civil fine for the parking violation with anv additional penalties and costs. The Vice President of Operations, or his designated representative shall issue a receipt for anv amounts paid under this paragraph After presentation of the receipt all amounts paid will be refunded to the person charged if the hearina officer or a municipal court on appeal, finds that the person is not liable for the parkina violation ~ Pavment of the civil fine and anv additional penalties and costs may be made in person or by mailing to the Airport Board the parking citation accompanied by Pavment of the amount shown on the citation. Pavment by mail may be made only by money order, check, or in a manner prescribed by the Vice President of Operations or his designated representative. Pavment of the civil fine and all penalties and costs assessed pursuant to this section shall operate as a final disposition of the parking violation charge, except when Pavment is made to reset a scheduled hearing or to file an appeal. SEC. 2-67. ADJUDICATION BY MAIL. ~ If a person charged with a parking violation shows good cause for not attending a hearinq, either personally or through a representative the hearinq officer may permit the matter to be adjudicated by mail, which adjudication must be completed within 90 calendar days of the date of the citation. Letters, memoranda, affidavits, photographs and other documentary materials shall be admissible as evidence for the purposes of adjudication by mail The hearinq officer may exclude from consideration any material that is not relevant to the adjudication of the alleged violation. ~ Failure of the person charged to proceed with an adjudication by mail after requesting and receiving permission to adjudicate by mail is an admission by the person charged of liability for the parking violation and shall subject the person who requested the adjudication by mail to the appropriate civil fines penalties and costs assessed by the hearinq officer. If a hearinq officer determines that an adjudication cannot proceed by mail the hearinq officer shall advise the person charged by first class mail that the person must appear to answer the charge at a hearinq. SEC. 2-68. HEARINGS FOR DISPOSITION OF A PARKING CITATION• PARKING CITATION AS PRIMA FACIA EVIDENCE. ~ Every hearinq for the adjudication of a parking violation charge under this section shall be held before a hearinq officer. 29 DRAFT 7/14/10 ,~ At a hearing, the parking citation is prima facie proof of its contents and the officer or other authorized person who issued the parking citation is not required to be present: except, that the issuing officer or other authorized person shall be present at a scheduled administrative adiudication hearing if requested by the person charged or by the hearing officer. ~ At a hearing, the hearing officer shall hear and consider evidence presented by the Airport Board and by the person charged. The formal rules of evidence do not apply to a hearing under this section, and the hearing officer shall make a decision based upon a preponderance of the evidence presented at the hearing, after giving due weight to all presumptions and prima facie evidence established by this section or other applicable law. At the conclusion of an instanter or a scheduled administrative adiudication hearing, the hearing officer shall immediately render an order or decision, either bv: finding the person charged liable for the parking violation, assessing the applicable civil fine and anv penalties and other costs in accordance with this section, and notifying the person of the right to appeal to municipal court; or, finding the person charged not liable for the parking violation. ,~ An order of a hearing officer may be filed with the Director or his designated representative. The order may be recorded using computer printouts, microfilm. microfiche, or similar data processing techniques. SEC. 2-69. FAILURE TO ANSWER A PARKING CITATION OR APPEAR AT A HEARING. ~ The failure of anv person charged with a parking violation to answer to the charge within 15 calendar davs after the date of issuance of the parking citation or to appear at anv hearing, including a hearing on appeal, when required to appear is an admission of liability for the parking violation, and the hearing officer, or the municipal court in the case of an appeal, shall issue an order of liability and assess against the person charged with the violation the appropriate civil fines, penalties, and other costs. ,~ Within 7 calendar davs after filing an order of liability issued under this section, a hearing officer shalt notify the registered owner or operator of the vehicle in writing of the order. The notice must be sent by first class mail to the last address of the registered owner on record with the Texas Department of Transportation, or to the address of the registered owner or operator last known to the hearing officer. The notice must include a statement: of the amount of civil fines, penalties, and costs assessed: of the right to appeal to municipal court; and that failure to pay can result in immobilization and impoundment of the vehicle and the debt being placed on the debtor's credit report for seven years or until such time as the debt is paid. 30 DRAFT 7/14/10 SEC. 2-70. CIVIL FINE SCHEDULE. ~ The following is the schedule of civil fines for parking violations of this Code that are made civil offenses under this section: Violation Civil Fine Obedience to Signs 58.00 Handicap Space 293.00 No Parking 58.00 Unauthorized Zone 58.00 Limited Parking - 1 hr/2hr 58.00 Fire Lane 68.00 Failure to Park in Marked Space 58.00 Employee Parking Areas (no decal/expired decal) 58.00 Parking by AOA Fence 58.00 Passenger Loading Zones (No Unattended Vehicle) 58.00 Impeding Flow of Traffic 58.00 Loading Zone 58.00 Boot Fee 100.00 If a civil fine is assessed, it must be in accordance with this section. A civil fine may not be waived or modified by a hearing officer or by a municipal court on appeal except that additional penalties and other costs may be added in accordance with ~~., this section. ~ An additional penalty in an amount equal to the original civil fine will be assessed if a vehicle owner or operator or the agent of the owner or operator fails to' answer to a parking violation charge within 15 calendar days after the date of issuance of the parking citation or fails to appear at any hearing scheduled after 15 calendar days from the date of the parking citation or after being found liable. pay all civil fines. fees and costs assessed for a parking violation within the time designated by the hearing officer A penalty assessed under subsection (c) of this section may be waived by a hearing officer, or by a municipal court on appeal if the vehicle owner or operator or agent of the vehicle owner or operator, can establish that: through no fault of the vehicle owner or operator or agent of the vehicle owner or operator: ~ no notice of the parking violation was received as required by this section no notice of the hearing officer's order was received as required by this section; or, ~ payment of the civil fine assessed for the parking violation was not posted in a timely manner; 31 DRAFT 7/14/10 the penalty was assessed in error; or, the vehicle was at the time of the violation stopped, standing, or parked in response to a medical emersency. SEC. 2-71. ENFORCEMENT OF ORDER. A hearing officer's order may be enforced bv: ,~ impounding the vehicle that is the subject of the order when it is found within the boundaries of the Airport, if the person charged has committed three or more parking violations in anv calendar vear that have not been resolved either by a finding of no liability or by pavment of all civil fines, penalties, and costs assessed by the hearing officer; placing a boot on the vehicle that is the subject of the order when it is found within the boundaries of the Airport, if the person charged has committed three or more parkins violations in anv calendar vear that have not been resolved either by a finding of no liability or by pavment of all civil fines, penalties, and costs assessed by the hearing officer; ~ imposing an additional penalty to a civil fine not paid within the designated period; canceling or denvins any permit to park or operate a transportation service at the Airport; or, ~ reporting the debt to a credit reporting bureau to remain on the debtor's credit report for seven years or until such time as the debt is paid. SEC. 2-72. REMOVAL OF IMMOBILIZATION DEVICE. ~ The registered owner of an immobilized or impounded vehicle, or other authorized person, may secure the release of the vehicle upon: pavment of the amount of the civil fine and late fees, if any, for each delinquent parking citation plus the applicable boot fees and/or towina and storage fees; or, the posting of a cash bond in the amount of such civil fines, late fees, boot fees and/or towing and storage fees to ensure appearance at the immobilization/impoundment hearing. Payment of the civil fines, late fees, boot fees, and any towing and storage fees shall constitute a waiver of the right to contest such civil fines and fees. ~ It shall be unlawful for any person, other than an officer or employee of the Airport Board acting in the course and scope of his duties under this section, to remove or attempt to remove or to tamper in any manner with an immobilization device (boot) installed on any vehicle pursuant to this section. 32 DRAFT 7/14/10 It shall be unlawful for any person, except under the direction of a peace officer or an employee of the Airport Board to tow, move, or to cause to be towed or moved any vehicle on which a boot is then installed pursuant to this section from the place where it was booted. ~ It shall be unlawful for any person, other than a peace officer or employee of the Airport Board acting in the course and scope of his duties, to remove or relocate any notice placed upon a booted vehicle under this section. ~f An offense under this section shall be a criminal offense punishable upon conviction by a criminal fine not to exceed Five Hundred Dollars ($500). To the extent that any conduct declared to be unlawful under this section also constitutes a violation of an applicable state law, then it shall be punishable as provided by state law. SEC. 2-73. IMMOBILIZATION/IMPOUNDMENT HEARING. ~ The registered owner of a vehicle that is immobilized or impounded for the purpose of enforcing a hearing officer's order shall have the right to a prompt immobilization/impoundment hearing before a hearing officer. The request for an immobilization/impoundment hearing must be made in writing to the Vice President of Operations. or his designated representative on a form provided for that purpose, within 3 calendar days from the date the vehicle was immobilized or impounded, whichever occurred first. ~ An immobilization/impoundment hearing must be held within 48 hours after the Vice President of Operations, or his designated representative, receives the request for a hearing, excluding Saturdays, Sundays, and Airport Board holidays at the parking adjudication office or at such other convenient and reasonable place as the hearing officer may designate. The issue to be determined at the immobilization/impoundment hearing is whether the immobilization or impoundment of the vehicle was authorized by this section ~ The immobilization or impoundment of a vehicle is valid if it complies with the requirements of this section, unless the vehicle owner or operator or agent of the vehicle owner or operator, can establish that: the vehicle was registered to or operated by another person at the time the unresolved parking violations occurred; the vehicle was being operated without the owner's express or implied consent at the time the unresolved parking violations occurred through no fault of the owner, notice of the unresolved parking violations was never received as required by this section; one or more citations for the unresolved narking violations are defective and if dismissed would leave no more than two unresolved parking violations within the calendar year; or 33 DRAFT 7/14/10 at the time of immobilization or impoundment of the vehicle. the registered owner had no more than two unresolved parking violations within the calendar year. ~f The determination of the hearing officer at the immobilization or impoundment hearing is final and is not subject to appeal. ~ If the hearing officer determines that immobilization or impoundment of a vehicle was not valid, all fees paid for immobilization, towage, storage, and impoundment of the vehicle and anv other amount paid to redeem the vehicle shall be refunded, including anv civil fines, penalties, and costs for anv parking violation that the hearing officer determines should not have been considered in counting parking violations for the purposes of immobilizing or impounding the vehicle. Any civil fines. penalties, and costs paid for a parking violation for which the registered owner was liable will not be refunded. SEC. 2-?4. APPEAL FROM HEARING. ~ A person determined by a hearing officer, at either an instanter or scheduled administrative adjudication hearing or by failure to answer a parking citation or appear at a hearing in the time required, to be liable for a parking violation may appeal this determination to the municipal court by filing a petition, along with a filing fee, with the municipal court clerk or a deputy clerk within 30 calendar days after the hearing officer's order is filed with the Vice President of Operations or his designated representative. If the hearing officer's order is reversed, the filing fee shall be returned by the city to the appellant. ,~, Upon receipt of an appeal petition, the municipal court clerk or deputy clerk shall schedule an appeal hearing and notify all parties of the date, time, and location of the hearing. The officer or other authorized person who issued the parking citation is not required to be present at the appeal hearing unless requested by the person charged or by the municipal court. ~ The appeal hearing must be a trial de novo in municipal court and is a civil proceeding for the purpose of affirming or reversing the hearing officer's order. The person filing the appeal may request that the hearing be held before a jury. The decision from the municipal court is final. Service of notice of appeal under this section does not stay the enforcement and collection of any order of a hearing officer, unless the person filing the appeal pays to the Vice President of Operations, or his designated representative, an amount eaual to all civil fines, penalties, and costs assessed against the person charged. The Vice President of Operations, or his designated representative, shall issue a receipt for any amounts paid under this subsection. After presentation of the receipt all amounts paid will be refunded if the hearing officer's order is overturned on appeal. SEC. 2-75. DISPOSITION OF CIVIL FINES. PENALTIES. AND COSTS. All civil fines, penalties, and costs assessed under this section shall be paid into the Airport Board's general fund for the use and benefit of the Airport Board. 34 DRAFT 7/14/10 rr rr a n rr rr rr rr n n rr r. L~J __...- -- - - -- --a.._ ..._. __..r r... ...,.,,.r ...... .,.... r .~..,,. .. ~.., .,..~ n rr r r QtftrP'itritCYTfY~ DRAFT 7/14/10 b ~s.e-E~ DRAFT 7/14/10 DRAFT 7/14/10 DRAFT 7/14/10 C sn~i~n r. 1 i4+nr > > > > > ~ > > gyp`. "'MCtVf1'~ > ~ i > > > > > > > > • > > ~ ~ ~ ~ ~ i > > i ~ > > > ~~ ~ ~ ~ ~ DRAFT 7/14/10 {~~;H~es#~ee~~ • > DRAFT 7/14/10 ~~ ~~ ~~ ~~ ,~ ~~ ~ge~efa~~t+~ DRAFT 7/14/10 ~~ ~~ • ~ , ~` ~,a DRAFT 7/14/10 ~~ ~~ ~~ ~~ DRAFT 7/14/10 Chapter 3 MISCELLANEOUS OFFENSES ARTICLE I. IN GENERAL. Sec. 3-1. General State Law. Sec.3-2. Definitions. ARTICLE II. GENERAL OFFENSES. Sec.3-5. Animals. Sec. 3-6. Defecation of Animals. Sec. 3-7. Urinating or Defecating in Public. Sec. 3-8. Throwing or Depositing Litter. Sec. 3-9. Prohibiting the Posting of Notices and Signs on Poles Trees Structures, and Vehicles: Presumptions. Sec. 3-10. Obstruction to Aviation. Sec. 3-11. Camping, Swimming, Picnicking. etc. Sec.3-12. Noise. Sec. 3-13. Tables and Chairs. Sec. 3-14. Food, etc. Sec. 3-15. Pins, etc. Sec. 3-16. Obstruction of Passage. Sec. 3-17. Fraudulent Misrepresentation. Sec. 3-18. Unauthorized Transfer of Authorization. Sec. 3-19. Unauthorized Use of Authorization. Sec. 3-20. Temporary or Permanent Residence. Sec.3-21. Smoking. 10 DRAFT 7/14/10 ARTICLE III. PERMITS REQUIRED. Sec.3-25. Permits. Sec. 3-26. Permit Applications. Sec. 3-27. When Permits Issued. Sec. 3-28. Appeal, Denial, or Revocation of Permits. ARTICLE IV. VIOLATIONS. Sec. 3-30. Violation of Permit. Sec. 3-31. Distribution of Literature. Sec. 3-32. Solicitation of Funds. Sec.3-33. Surveys. Sec.3-34. Picketing. ARTICLE I. GENERAL OFFENSES. SEC. 3-1. GENERAL STATE LAW. The provisions of this Chapter shall not be construed as limitations upon the civil or criminal laws of this State which are in full force and effect within the areas under the jurisdiction of the Airport Board. SEC.3-2. DEFINITIONS. ANIMAL shall mean anv nonhuman vertebrate. "AUTHORIZATION", "DECAL" or "DEVICE" shall mean anv permit badge parking decal or other authorization issued by the Executive Director. ELECTRONIC SMOKING DEVICE shall mean any battery powered device that provides doses of nicotine to be inhaled by the user by way of a vaporized solution. GARBAGE means animal and vegetable wastes resulting from the handling preparation, cooking and consumption of food. LITTER shall mean "Garbage", "refuse" and "rubbish" as defined herein and all other waste material which, if thrown or deposited as prohibited tends to create a danger to public health, safety and welfare. 11 DRAFT 7/14/10 LITERATURE shall mean books, pamphlets, handbills, tracts, cards, circulars, pictures films, magazines, or anv other like item. PICKETING means the stationing, parading, patrolling and/or assembling of one or more persons to apprise the public vocally or by standing or marching with signs, banners, or other means, of an opinion or a message or to discourage entry thereto by non-striking workers or by customers. PUBLIC AREA shall mean anv interior area to which the general public routinely has access. REFUSE shall mean all solid wastes (except body wastes), including garbage rubbish ashes, street cleaning, dead animals, abandoned automobiles, and solid market and industrial wastes. RESIDES shall mean intent to establish a temporary or permanent domicile. RETAIL OR SERVICE ESTABLISHMENT shall mean any establishment which sells goods, food or services to the general public but excludes any private club operated by an Airport tenant within its leasehold and to which access is limited to a membership other than the general public. RUBBISH shall mean solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings leaves wood glass, bedding, crockery and similar materials. SERVICE ANIMAL shall mean ~ anv_ guide dog, signal dog, or other animal individual_Iv trained to do work or perform tasks for the benefit of an individual with a disability including but not limited to. guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, and assisting non-ambulatory persons by pulling a wheelchair or fetching dropped items; or any trained animal used by a governmental agency in police or rescue work SOLICITATION AND RECEIPT OF FUNDS shall mean a face to face request for an immediate physical, in-person donation of money or anything of value. SURVEY shall mean the act of repeated in-person polling or questioning of persons for the purpose of obtaining information related to and/or securing opinions or viewpoints on issues, candidacies, products or services. 12 DRAFT 7/14/10 ARTICLE II. GENERAL OFFENSES. SEC.3-5. ANIMALS. ~ A person commits an offense if while havina care custodv and control of an animal he brings the animal, other than a service animal or an animal traveling by air into anv terminal or terminal extension located on the Airport A person commits an offense if while having care custodv and control of an animal he bangs an animal traveling by air other than a service animal into the sterile area of a terminal buildina or terminal extension and removes it from its transport carrier ~ A person commits an offense if while having care custodv and control of an animal he fails to restrain the animal at all times in an enclosed oen carrier or structure or by a tether or leash while on Airport propertv No animal may be restrained by a tether or leash unless the animal is in the immediate possession of and accompanied by the person in care custodv and control of the animal. ,~ Nothing in this section shall prevent anv trained animal used by a governmental agency in police or rescue work from being unleashed in the course of its official duties. SEC. 3-6. DEFECATION OF ANIMALS. ~ A person commits an offense if while having care custodv and control of an animal he knowingly permits, or by insufficient control allows the animal to defecate on Airport propertv and does not remove and dispose of anv excretion the animal may deposit on Airport propertv in a sanitary and lawful manner This section does not apply to a law enforcement dog being used in law enforcement activities or to a service dog that is specially trained to assist a person with a disability and is in the custodv or control of that disabled person at the time it defecated. SEC. 3-7. URINATING OR DEFECATING IN PUBLIC ~ A person commits an offense if he urinates or defecates in or on a public street alley sidewalk yard park building structure plaza public or utility right-of-way or other public place or in public view. It is a defense to prosecution under this section if the person was in a restroom 13 DRAFT 7/14/10 SEC. 3-8. THROWING OR DEPOSITING LITTER. A person commits an offense if he places, throws, deposits or discharges litter on the Airport, except in public or private receptacles for collection or at such places and under such conditions as the Airport Board prescribes. SEC. 3-9. PROHIBITING THE POSTING OF NOTICES AND SIGNS ON POLES. TREES STRUCTURES AND VEHICLES: PRESUMPTIONS. ~ A person commits an offense if he posts or causes to be posted anv notice poster paper, sign, or device, designed to attract the attention of the public to anv lamp- post, utility pole, telephone pole, tree, structure, building or vehicle on Airport property. Whenever any notice, poster, paper, sign, or device is posted or caused to be posted, in violation of subsection (a) of this section, it is presumed the person whose address or telephone number listed or who is otherwise identified is the person who committed the violation either personally or through an agent or employee ~ It is a defense to prosecution under subsection (a) of this section that the notice poster, paper, or device was posted in a manner and location authorized or reauired by the airport operator, a lease holder within its leased area or by state or federal law. SEC. 3-10. OBSTRUCTION TO AVIATION. A person commits an offense if he operates or releases any kite balloon model aircraft model rocket, parachute, or other such device upon or above the Airport without written permission from the Executive Director. SEC. 3-11. CAMPING. SWIMMING, PICNICKING, ETC. A person commits an offense if he uses Airport premises for the purpose of camping athletic games or contests fishing swimming hunting or picnicking in a place not specifically designated for that purpose or without a permit issued by the Executive Director SEC.3-12. NOISE. A person commits an offense if he knowingly makes unreasonably loud or raucous noises, considering the location, inside terminals or other Airport buildings SEC. 3-13. TABLES AND CHAIRS. A person commits an offense if he places or maintains a table bench chair stool easel tripod or other item designed or adapted to serve a similar purpose on Airport premises unless such space has been leased from the Airport Board by that person or is authorized by another section of this code. 14 DRAFT 7/14/10 SEC. 3-14. FOOD, ETC. A person commits an offense if he sells or distributes anv food product at the Airport except from premises leased to that person by the Airport Board for that purpose or pursuant to a permit issued by the Executive Director. SEC. 3-15. PINS, ETC. A person commits an offense if he pins, ties, or otherwise attaches anv items on the clothing luggage body or vehicle of anv person at the Airport without such person's consent SEC. 3-16. OBSTRUCTION OF PASSAGE. A person commits an offense if he knowingly obstructs the free passage of other persons along Airport roadways, sidewalks or into out of or within Airport buildings SEC. 3-17. FRAUDULENT MISREPRESENTATION. A person commits an offense if he fraudulently misrepresents any material fact in making application for anv permit, authorization or device issued by the Executive Director SEC. 3-18. UNAUTHORIZED TRANSFER OF AUTHORIZATION. A person commits an offense if he sells, conveys grants or transfers any decal device permit or other authorization granted by the Executive Director to another person without prior written consent of the Executive Director. SEC. 3-19. UNAUTHORIZED USE OF AUTHORIZATION. A person commits an offense if he possesses or controls any decal authorization or device not issued to him by the Executive Director or which has previously been reported as lost or stolen. SEC. 3-20. TEMPORARY OR PERMANENT RESIDENCE. ~ A person commits an offense if he resides in or upon Airport premises This section does not apply to any space expressly designated by the Executive Director for such purposes or any period of time during which an Airport patron awaits connecting flights for which he holds a valid ticket. SEC.3-21. SMOKING. ~ A person commits an offense if he smokes or possesses a burning tobacco product weed, other plant product, or uses an electric smoking device in a Public Area of a passenger terminal on the Airport in a Retail or service establishment located within an Airport passenger terminal; 15 DRAFT 7/14/10 ~, in any establishment or area marked with a no smoking sign if the sian complies with Subsection (b). The person in control of a retail or service establishment located in an Airport passenger terminal shall post a conspicuous sign at the main entrance to the establishment or no smoking area. The sign shall contain the words "No Smoking DFW Airport Regulations", and the universal symbol for no smoking For enforcement purposes, "DFW Airport Regulations" refers to the Code ~ The Airport Board and the Executive Director shall have authority to designate "Smoking Areas" within the Airport. ARTICLE III. PERMITS REQUIRED. SEC.3-25. PERMITS. No person may engage in activity described in Distribution of Literature Solicitation of Funds. Surveys, or Picketing of this Chapter without a permit issued by the Executive Director SEC. 3-26. PERMIT APPLICATIONS. An application shall be submitted to the Executive Director at least three (3) business days in advance of the first day sought for the activity and shall include the following~ ~, the full name and street address of the applicant the full name and mailing address of the person or organization sponsoring conducting or promoting the activity; ~, whether the sponsoring organization is a branch or division of a national organization and. if so, the organizations name and street address ~, if the sponsoring organization is a Texas corporation a copy of its Corporate Charter, as amended. shall be furnished if it is a foreign corporation a copy of its Authorized Certificate to do business in the State of Texas shall accompany the application: (c) the date, or dates and hours of the activity the exact Airport location for which the request is made ~ the purpose or subject thereof; ~f the approximate number of persons who will participate in such activity 16 DRAFT 7/14/10 SEC. 3-27. WHEN PERMITS ISSUED. ~ The Permit will be issued within three (3) business davs of receipt of the application however, the permit application may be denied or a permit granted revoked if one or more of the statements in the application is found to be untrue. When permits are granted, the following rules and standards will apply: Time: Permits will be issued for a period of not more than thirty (30) davs. Location: Permittees, other than the Airport Board or a representative of the Airport Board, will not be permitted to conduct the activity for which the Permit is issued: ~ in Airport roadways; inside airline gate departure lounges; ~ in areas restricted to airline or Airport personnel; in restrooms; ~ in premises leased to a concessionaire; ~f in stairwells, staircases, elevators or escalators; ~ in baggage claim areas; in any area temporarily or permanently restricted for security or construction reasons to necessary personnel; within ten (10) feet of any ticket counter, departure lounge check-in counter, bagqaqe check-in counter or security screening check point to any person waiting in line at those areas listed above or loading or unloading bagqaqe from a public or private vehicle; inside any passenger terminal building if prohibited by this Code or in parking garages or parking areas. (3) Manner of operation: ~ a person may not engage in any permitted activity unless he wears a badge, nameplate, card, or other personal identification on his upper torso and clearly visible to the public. That identification must state the true and correct legal name of_the person and the organization or cause represented; and a person conducting any permitted activity shall in that connection obey the Code and all applicable state and federal laws. 17 DRAFT 7/14/10 ~ tables may not be utilized in the conduct of permitted activity however, luggage carriers no larger than that used to hold amedium- sized suitcase may be utilized for transporting or temporary storage of materials in accordance with Tables and Chairs of this Chapter Luggage carriers must be attended at all times. A luggage carrier shall be deemed unattended if it is outside the view of the permitted person or persons. SEC. 3-28._ APPEAL, DENIAL, OR REVOCATION OF PERMITS. ~ When an application for a permit hereunder is refused or revoked the Executive Director will, within five (5) business days of the denial or revocation furnish the Applicant a written explanation of the reason for the denial or revocation Within five (5) business days of receipt of the explanation, the Applicant may submit a written request to the Executive Director that the Board seek a iudicial determination that the Permit was properly denied or revoked. Within five (5) business days following receipt of such request, the Board must apply to either the United States District Court for the Northern District of Texas or the appropriate Texas District Court for a iudicial determination that the application was properly denied or revoked. The Board has the burden of showing that the Application was properly denied or that the Permit was properly revoked. Upon a iudicial determination, an interim permit will be issued and continue in force pending an appeal. ~ If the issue for iudicial determination is not heard and decided on the merits by the Court or otherwise mutually agreed upon by the parties within ten (10) business days after the complaint or petition is filed, then an interim permit shall be deemed issued under this section by operation of law and all activities proposed to be carried on in the Application for the original Permit may be carried on as if the original Permit had been issued, subject to the same restrictions and obligations under this Code as other permitted activities. The interim permit shall be valid pending a decision in the district court, or any appeal thereof. It shall be a defense to a charge of distributing literature without a permit that an appeal or iudicial determination hereunder is pending. ARTICLE IV. VIOLATIONS. SEC. 3-30. VIOLATION OF PERMIT. A permittee commits an offense if he violates any condition described in Article III of this Chapter or any prohibitions described for said permitted activity. SEC. 3-31. DISTRIBUTION OF LITERATURE. ~ A person commits an offense if he distributes literature on the Airport without a permit issued by the Executive Director. 18 DRAFT 7/14/10 No literature may be disseminated in the secure or sterile area of an Airport Terminal. ,~ Nothinq herein prohibits the distribution of literature by or on behalf of the Airport Board on Airport property. SEC. 3-32. SOLICITATION OF FUNDS. ~ A person commits an offense if he solicits, seeks, or begs contributions for himself or on behalf of another without a permit issued by the Executive Director. ,~ No person may engage in the solicitation and receipt of funds within a passenger terminal at the Airport. SEC.3-33. SURVEYS. ~ No person may conduct a survey within a passenger terminal. Nothinq herein prohibits a survey by or on behalf of an Airport tenant in that part of an Airport passenger terminal exclusively leased to that tenant. ~ Nothinq herein prohibits the conduct of a survey by or on behalf of the Airport Board on Airport property. SEC.3-34. PICKETING. ,~ A person commits an offense if he pickets on the Airport without a permit issued by the Executive Director. A person commits an offense if he pickets inside an Airport terminal building ~ Pemittees may not carry pickets, devices, or similar signs with a dimension that exceeds the Permittee's height or width. Anv conflict between this rule and applicable State law shall be resolved in favor of State law provided that State law impresses more stringent requirements on the conduct regulated hereby n 19 DRAFT 6/11/10 Chapter 6 Wastewater Pretreatment and Discharge Rules and Regulations ARTICLE I. GENERAL PROVISIONS. Sec. 6-1. Purpose and Policy. Sec. 6-2. Authority for Implementation and Enforcement. Sec.6-3. Abbreviations. Sec.6-4. Definitions. Sec. 6-5. Incorporation of Federal and State Statutes, Rules, and Regulations. ARTICLE II. DISCHARGE PROHIBITIONS AND LIMITS. Sec. 6-6. Prohibited Discharges. Sec. 6-7. National Categorical Pretreatment Standards. Sec. 6-8. Local Limits. Sec. 6-9. Right to Establish Regulations or More Stringent Requirements. Sec. 6-10. Applicability of More Stringent Regulations or Discharge Limits. Sec. 6-11. Variances in Compliance Dates. Sec. 6-12. Dilution Prohibited. Sec. 6-13. BOD or TSS Loading. ARTICLE III. PRETREATMENT OF WASTEWATER. Sec. 6-14. Pretreatment Facilities. Sec. 6-15. Additional Pretreatment Measures. Sec. 6-16. Accidental Discharge/Slug Control Plans. Sec. 6-17. Hauled Septage or Industrial Waste. DRAFT 6/11/10 ARTICLE IV. PERMIT REQUIRED FOR WASTEWATER DISCHARGE; PERMIT APPLICATIONS Sec. 6-18. Wastewater Analysis. Sec. 6-19. Wastewater Discharge Permit Required. Sec. 6-20. Permits for Existing Sources. Sec. 6-21. Permits for New Sources. Sec. 6-22. Permit Application Process. Sec. 6-23. Signatories and Certification Requirements. ARTICLE V. WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS. Sec. 6-24. Wastewater Discharge Permit Decisions. Sec. 6-25. Wastewater Discharge Permit Duration. Sec. 6-26. Wastewater Discharge Permit Contents. Sec. 6-27. Wastewater Discharge Permit Modification. Sec. 6-28. Wastewater Discharge Permit Transfer. Sec. 6-29. Grounds for Permit Suspension or Revocation. Sec. 6-30. Wastewater Discharge Permit Re-Issuance. ARTICLE VI. REPORTING REQUIREMENTS. Sec. 6-31. Baseline Monitoring Reports. Sec. 6-32. Compliance Schedule and Progress Reports. Sec. 6-33. Reports on Compliance with Categorical Pretreatment Standard Deadline. Sec. 6-34. Periodic Compliance Reports. Sec. 6-35. Reports of Changed Conditions. Sec. 6-36. Reports of Accidental Discharges or Potential Problems. Sec. 6-37. Reports from Non-Permitted Users. DRAFT 6/11/10 Sec. 6-38. Notifications of Violation Based on Self-Monitoring. Sec. 6-39. Notification of The Discharge of Hazardous Waste. Sec. 6-40. Analytical Requirements. Sec. 6-41. Sample Collection. Sec. 6-42. Date Reports Deemed Received. Sec. 6-43. Record-Keeping Requirements. ARTICLE VII. COMPLIANCE MONITORING. Sec. 6-44. Right of Entry: Inspection and Sampling. Sec. 6-45. Search Warrants. ARTICLE VIII. CONFIDENTIALITY OF RECORDS OR OTHER INFORMATION. Sec. 6-46. Information Available to Public. Sec. 6-47. Claim of Confidentiality. Sec. 6-48. Availability for Governmental and Judicial Use. Sec. 6-49. Effluent Data Not Confidential. ARTICLE IX. PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE. Sec. 6-50. Publication of Users in Significant Noncompliance. ARTICLE X. ADMINISTRATIVE ENFORCEMENT REMEDIES. Sec. 6-51. Notice of Violation. Sec. 6-52. Consent Order. Sec. 6-53. Show Cause Hearing. Sec. 6-54. Compliance Order. Sec. 6-55. Cease and Desist Order. Sec. 6-56. Stop Work Order. DRAFT 6/11/10 Sec. 6-57. Emergencv Suspension of Water Utility Service and/or Access to Wastewater System. Sec. 6-58. Non-Emergencv Termination of Water Utilitv Service and/or Access to Wastewater System. Sec. 6-59. Administrative Fines. ARTICLE XI. JUDICIAL ENFORCEMENT REMEDIES. Sec. 6-60. Injunctive Relief. Sec. 6-61. Civil Penalties. Sec. 6-62. Criminal Prosecution. ARTICLE XII. SUPPLEMENTAL ENFORCEMENT ACTION. Sec. 6-63. Performance Bonds. Sec. 6-64. Liability Insurance. ARTICLE XIII. AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS. Sec.6-65. Upset. Sec. 6-66. Act of God. Sec. 6-67. Prohibited Discharge Standards. Sec.6-68. Bypass. ARTICLE XIV. FEES AND CHARGES. Sec. 6-69. Fees and Charges. Sec. 6-70. Industrial Surcharge. ARTICLE XV. MISCELLANEOUS PROVISIONS. Sec.6-71. Appeals. Sec. 6-72. Effective date. 4 DRAFT 6/11/10 Ses~iefl-'ARTICLE I. GENERAL PROVISIONS. Ses~+e+~-4`'~ SEC. 6-1. PURPOSE AND POLICY. (A) These Rules and Regulations set forth uniform requirements for users of the Airport Wastewater System and the Publicly Owned Treatment Works ("POTW") serving the Dallas-Fort Worth International Airport and enable the Board and the POTW to comply with applicable federal and state laws, including the Federal Water Pollution Control Act, as amended by the Clean Water Act, as amended (33 United States Code § 1251 et seq.), and the General Pretreatment Regulations of 40 Code of Federal Regulations Part 403. (B) The objectives of these Rules and Regulations are: (1) To prevent the introduction of pollutants into the POTW that will interfere with its operation; (2) To prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the POTW; (3) To protect POTW and Board personnel in the course of their employment and to protect the general public; (4) To provide for fees for the equitable distribution of the costs of implementing and administering these Rules and Regulations and any related pretreatment program; and (5) To enable the Board to meet its contractual obligations under the Wastewater Service Contract with the Trinity River Authority ("TRA") by assisting TRA in complying with TRA's National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements and any other federal or state laws to which the POTW is subject. (6) To promote reuse and recycling for industrial wastewater and sludge from the POTW. (C) These Rules and Regulations shall apply within the boundaries of the Airport. SestEiew-4-~ SEC. 6-2. AUTHORITY FOR IMPLEMENTATION AND ENFORCEMENT. (A) The Executive Director and the ~ is Executive Director's authorized representatives shall have the authority to administer, implement, and enforce the provisions of these Rules and Regulations. The Vice President of the Board's Department of Environmental Affairs, or the Vice President or head of any other or successor Board department charged with primary responsibility for environmental management and enforcement at the Airport or any Vice President or department head so appointed by the Executive Director, or the authorized 5 DRAFT 6/11/10 representative(s) of said department head(s), shall also have the authority to administer, implement, and enforce the provisions of this Chapter. The Sl~ie# Executive Director and the Vice President of the Board's Department of Environmental Affairs are authorized to make inspections pursuant to this Chapter and to take enforcement action against non-compliant persons or Users, including the issuance of citations for violations of this Chapter, and may do so personally or through any duly authorized representative(s). (B) Any powers granted to or duties imposed upon the rh;°f ~.,°,.,,+;,,° nom;,.°. Executive Director or the Vice President of the Board's Department of Environmental Affairs may be delegated by the ~~~°f ~~°^~ ~+~~~° ^~~^°r Executive Director or the Vice President of the Board's Department of Environmental Affairs to other Board personnel. (C) The G~Tef Eames ~*~~~ Executive Director and the Vice President of the Board's Department of Environmental Affairs shall have the authority to promulgate written orders and administrative procedures which are consistent with this Chapter and determined to be necessary for the proper administration and enforcement of these Rules and Regulations, including but not limited to administrative orders issued for the purpose of bringing a violator back into compliance. For the purpose of promoting consistency of enforcement throughout the Airport, the Executive Director or the Vice President of the Board's Department of Environmental Affairs shall promulgate an Enforcement Response Plan. (D) Upon specific request of the Executive Director or his authorized representative(s) under this Chapter, officers of the Board's Department of Public Safety may assist the S~;e~€~es~+~~~~ Executive Director in the enforcement of this Chapter. A Department of Public Safety officer who observes a violation of this Chapter or of a wastewater discharge permit or order issued by the Executive Director or his authorized representative(s) may take any necessary or appropriate enforcement action. (E) When the Executive Director determines that a violation of this Chapter or of any permit or order issued hereunder or of any pretreatment standard or requirement has occurred or is occurring, the following remedies are available. The remedies provided for in this Section or elsewhere in this Chapter are not exclusive. Enforcement of violations will generally be in accordance with the Board's Enforcement Response Plan. However, the Executive Director may take other action against any person or User when the circumstances warrant. The Executive Director may take any, all, or any combination of these actions against anon-compliant person or User, consecutively or concurrently: (1) Issuance of one or more verbal and/or written warnings; (2) Issuance of one or more citations; (3) Issuance of a notice of violation; 6 DRAFT 6/11/10 (4) Execution of a consent order; (5) Issuance of a compliance order; (6) A show cause hearing; (7) A cease and desist order; (8) A stop work order; (9) Permit suspension or revocation proceedings, if applicable; (10) Suspension and/or termination of water utility service and/or access to the Airport Wastewater System, as provided in Sestier~-~9 ARTICLE X; (11) Issuance of administrative fines; (12) Request the Board's legal counsel to institute suit for civil remedies as provided by this Chapter or state or federal law; or (13) Any other remedy provided in this Chapter. Ses~ie+~-~-3: SEC. 6-3. ABBREVIATIONS. The following abbreviations, when used in these Rules and Regulations, shall have the designated meanings: • BOD -Biochemical Oxygen Demand • CFR -Code of Federal Regulations • COD -Chemical Oxygen Demand • CRWS -Central Regional Wastewater System • ERP -Enforcement Response Plan • EPA - U.S. Environmental Protection Agency • gpd -gallons per day • mg/I -milligrams per liter • IU -Industrial User • NOV -Notice of Violation • NPDES -National Pollutant Discharge Elimination System • POTW -Publicly Owned Treatment Works • RCRA -Resource Conservation and Recovery Act • SIC -Standard Industrial Classification • SIU -Significant Industrial User • TCEQ -Texas Commission on Environmental Quality • TPDES -Texas Pollutant Discharge Elimination System • TRA -Trinity River Authority • TSS -Total Suspended Solids • TTO -Total Toxic Organics • USC -United States Code 7 DRAFT 6/11/10 . SEC. 6-4. DEFINITIONS. ~;~~ ~ Unless a provision explicitly states otherwise, the following terms and phrases, whether capitalized or not and in each grammatical variation, as used in this Chapter and in the Enforcement Response Plan and any permit or order issued pursuant to this Chapter, shall have the meanings designated in this Sest+ea--1-4 SEC.6-4. ACT or THE ACT s-shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC § 1251 at seq. AIRPORT s-shall mean all the land, improvements, facilities and developments within the boundaries of the Dallas/Fort Worth International Airport. AIRPORT BOARD or BOARD +~ea~s-shall mean the Dallas~Fort Worth International Airport Board, the duly constituted governing body of the Airport. AIRPORT WASTEWATER SYSTEM eae~a~s-shall mean the system for conveyance, separation and disposal of waste material at the Airport, defined by the System Agreement to include the Waste Treatment Plant (i.e., that structure and appurtenances which receive, treat and dispose of wastewater delivered from the Waste Conveyance Facilities), the Sanitary Sewer Facilities (i.e., the network of service pipelines for the conveyance and delivery of sanitary sewerage), the Waste Conveyance Facilities (i.e., the network of service pipelines for the conveyance of wastewater and delivery thereof to the Waste Treatment Plant, and related appurtenances located at the Airport. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any sewers, pipes, and other conveyances and related appurtenances located at the Airport, as further described in the System Agreement defined in this S~e4, SEC.6-4 but excludes any such devices or systems not within the boundaries of the Airport or located at or beyond the Airport's point(s) of entry into the CRWS. APPROVAL AUTHORITY t~ea~+s-shall mean the Director of the Texas Commission on Environmental Quality in his capacity as director of a state agency delegated to act on EPA's behalf in a state with an approved pretreatment program; alternatively, the Regional Administrator of EPA Region VI, or other authority as may be provided in 40 CFR Part 403, as amended. AUTHORIZED REPRESENTATIVE OF THE USER nos-shall mean: (A) For a corporation: (I) the president, secretary, treasurer, or avice-president of the corporation in charge of a principle business function, or any other person who performs similar policy or decision-making functions for the corporation; or (ii) the manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second- quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (B) For a partnership or sole proprietorship: a general partner or proprietor, respectively. (C) For a federal, state or local government: a director or highest official appointed or 8 DRAFT 6/11/10 designated to oversee the operation and performance of the activities of the government facility or operation, or his designee. (D) The individuals described in paragraphs (A) through (C), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility, premises, or site from which the discharge originates or having overall responsibility for environmental matters for the entity, and the written authorization is submitted to the Executive Director. BOD or BIOCHEMICAL OXYGEN DEMAND e3ea~s-shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20° centigrade, usually expressed as a concentration (e.g., mg/I). BYPASS ~eaes-shall mean the intentional diversion of waste streams or wastewater from any portion of a User's wastewater treatment equipment or pretreatment equipment. CATEGORICAL STANDARD(S) [See National Categorical Pretreatment Standards] CENTRAL REGIONAL WASTEWATER SYSTEM ("CRWS") or CENTRAL WASTEWATER TREATMENT SYSTEM or AUTHORITY'S SYSTEM ^r„e~~shall mean the treatment plant and related wastewater system operated by the Trinity River Authority as Control Authority and which receives wastewater discharges from the Airport pursuant to the Wastewater Service Contract; as defined in the Wastewater Service Contract, the term means all of TRA's facilities for receiving, transporting, treating and disposing of wastewater generally in the area of the Upper Trinity River Basin, together with any improvements or additions to such facilities, but specifically excludes (1) TRA's facilities within the boundaries of the Airport and defined, as the "System" in the System Agreement, (2) local wastewater facilities of TRA contracting parties for the transportation of wastewater to Points of Entry and any facilities used exclusively or primarily for the pre-treatment of Industrial Wastes, and (3) any other TRA facilities. r~ui~~ ~xcri irni~ n~~i~c~ EXECUTIVE DIRECTOR ~2a~6-shall mean the rh~of G..e^~ ~+~„e Executive Director of the Dallas-Fort Worth International Airport Board, or, where applicable, his designated representative(s), as provided in ~°c°^*~z SEC.6-2. COMPOSITE SAMPLE n}ea~s-shall mean a sample that is collected over time, formed either by continuous sampling or by mixing discrete samples. The sample may be composited either as a time composite sample, composed of discrete sample aliquots collected at consistent time intervals providing a sample irrespective of stream flow; or as a flow proportional composite sample collected either as a constant sample volume at time intervals proportional to flow, or collected by increasing the volume of each aliquot as the flow increases while maintaining a consistent time interval between the aliquots. CONTROL AUTHORITY or AUTHORITY a~ean~-shall mean the Trinity River Authority of Texas, as holder of the TPDES permit of the POTW. DISCHARGE when used without qualification includes discharge of a pollutant(s). DISCHARGE OF A POLLUTANT a~ea~-shall mean any addition of any pollutant to navigable waters from any point source, i.e., any discernible, confined and discrete conveyance, including 9 DRAFT 6/11/10 but not limited to any pipe, ditch, channel, tunnel, conduit, well, or container, from which pollutants are or may be discharged but excluding agricultural storm water discharges and return flows from irrigated agriculture. DISCHARGER r~+ea+~s-shall mean any person who causes, allows, permits, or is otherwise responsible for, a discharge, including without limitation any operator of a construction site or industrial facility. TO DISCHARGE means to deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise release or dispose of, or to allow, permit, or suffer any of these acts or omissions. EFFECTIVE DATE s-shall mean the date on which these Rules and Regulations become effective, as provided in Ses-2 SEC.6-72 of this Chapter. ENFORCEMENT RESPONSE PLAN or ERP +~ea+as-shall mean the plan authorized by the Executive Director which contains detailed procedures indicating how the Board will investigate and respond to instances of User noncompliance at the Airport. ENVIRONMENTAL PROTECTION AGENCY or EPA ~x-ea~s--shall mean the United States Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency. EXISTING SOURCE ^,„~,~a ;~-shall mean any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. GRAB SAMPLE n}ea+~s-shall mean a sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes. GREASE TRAP n,,,,~~shall mean an interceptor placed in a drainage system to separate and retain grease prior to it entering the sanitary sewer, and includes such interceptors in hotels, restaurants and other food establishments, commercial kitchens, and similar facilities. GRIT TRAP (SAND TRAP) r~-ea~s-shall mean an interceptor placed in a drainage system at maintenance and repair shops, automobile service stations, car washes, laundries, and other similar facilities, to separate and retain undesirable matter and deleterious materials prior to their entering the sanitary sewer or wastewater system. INDIRECT DISCHARGE or DISCHARGE ~ea~s-shall mean the introduction of pollutants into a POTW from any non-domestic source regulated under Section 307(b), (c), or (d) of the Act. INDUSTRIAL SURCHARGE a~ear-s-shall mean the additional charge made to a person or User who discharges into the Airport Wastewater System and/or POTW industrial waste that is amenable to treatment by the system or POTW but exceeds the strength or character of normal wastewater. INDUSTRIAL USER rx-eaas-shall mean any person or industry who discharges or desires to discharge Industrial Waste(s) into the Airport Wastewater System or to the Central Regional Wastewater System. 10 DRAFT 6/11/10 INDUSTRIAL WASTE(S) +~ea~s-shall mean liquid wastes from industrial processes as distinct from wastes in domestic wastewater (sewage); wastewater or other water-borne solids, liquids, or gaseous substances resulting from an industrial, manufacturing, or food processing operation, or from the development of a natural resource, or any mixture of these with water or normal domestic wastewater. INDUSTRY +~ea~s-shall mean a person or establishment that is recognized and identified in the Standard Industrial Classification Manual, 1987, Executive Office of the President: Office of Management and Budget, as amended and supplemented. INTERFERENCE ~ea~s-shall mean a discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, and therefore is a cause of a violation of the Control Authority" TPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued there under, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); 40 CFR 503 sludge regulations; any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act and 30 TAC 312; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT m~-shall mean the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of industrial flow rate .~;-k. and the duration of the sampling event. LIQUID WASTE ~ea~s-shall mean water-borne solids, liquids, and gaseous substances located in or removed from grease traps or grit traps, or septage waste located in or removed from septic tanks, cesspools, portable toilets, or similar facilities; the term does not include hazardous waste identified or listed as such by the EPA pursuant to the federal Solid Waste Disposal Act, as amended by RCRA, 42 USC 6901 et seq., as amended, or Class 1 non- hazardous industrial solid waste. MEDICAL WASTE m,T,~,~-shall mean isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. NATIONAL CATEGORICAL PRETREATMENT STANDARD(S) or CATEGORICAL PRETREATMENT STANDARD(S) or CATEGORICAL STANDARD(S) ^~n,~a„Tshall mean limitations on the discharge of pollutants, promulgated by EPA in accordance with Section 307 of the Act, that apply to specified process wastewaters of particular industrial categories (40 CFR 403.6 and Parts 405-471). NATIONAL PRETREATMENT STANDARD(S) mews shall mean any pretreatment regulation(s) containing pollutant discharge limits that have been established or will be established for Industrial Users by the EPA. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES +~ea~shall mean the NPDES permit program of the EPA and/or the permit program of the state agency delegated 11 DRAFT 6/11/10 to act on EPA's behalf in a state with an approved pretreatment program (see TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM or TPDES). NEW SOURCE,~~~shall mean: (A) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (1) The building, structure, facility, or installation is constructed at a site at which no other source is located; or (2) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source: or (3) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (B) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (A)(2) or (3) above but otherwise alters, replaces, or adds to existing process or production equipment. (C) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (1) Begun, or caused to begin, as part of a continuous onsite construction program, (a) any placement, assembly, or installation of facilities or equipment; or (b) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (2) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. 12 DRAFT 6/11/10 NONCONTACT COOLING WATER ~ea+~s-shall mean water used for cooling which does not y come into direct contact with any raw material, intermediate product, waste product, or finished product. NORMAL WASTEWATER ~ea~s-shall mean wastewater for which the average concentration of suspended solids and five-day BOD does not exceed 250 mg/I each. NPDES PERMIT ~eaas-shall mean a permit issued by EPA and/or the state agency delegated to act on EPA's behalf in a state with an approved State pretreatment program under authority delegated pursuant to 33 USC 1342(b) that authorizes the discharge of pollutants to waters of the United States (see TPDES PERMIT). ORDER +~ea+~s-shall mean a verbal or written directive issued by the Executive Director or his duly authorized representative in the performance of the S#ie# Executive Director's duties in the administration or enforcement of these Rules and Regulations. PASS THROUGH ~ea~s~-shall mean a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the Control Authority's TPDES permit, including an increase in the magnitude or duration of a violation. PERSON t~aea~s-shall mean any individual, partnership (including two or more persons having a joint or common economic interest), co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, political subdivision, or any other legal entity; or the legal representative(s), agent(s), or assign(s) of any such entity. This definition includes all federal, state and local governmental entities, unless the context requires otherwise. pH aaea~s-shall mean a measure of the acidity or alkalinity of a solution, expressed in standard units; the logarithm (base 10) of the reciprocal of the hydrogen ion concentration of solution. POINT(S) OF ENTRY ~ea+~s-shall mean the point(s) at which wastewater enters the Central Regional Wastewater System. POLLUTANT(S) +eear}s-shall mean dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes discharged into water. PRETREATMENT naear-s-shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. PRETREATMENT REQUIREMENT(S) ^^',T~,~shall mean any substantive or procedural requirement(s) related to pretreatment imposed on a User, other than a pretreatment standard. PRETREATMENT STANDARD(S) or STANDARD(S) ~-eaas-shall mean any regulation(s) containing pollutant discharge limits, including prohibited discharge standards, categorical 13 DRAFT 6/11/10 pretreatment standards, and local limits„ as set forth in 40 CFR 403 and these Rules and Regulations. PROHIBITED DISCHARGE(S) r~ea~s-shall mean prohibitions against the discharge of certain substances, as set forth in S~est+ea-2-~ SEC. 6-6 of the Chapter. PUBLICLY OWNED TREATMENT WORKS or POTW +a~ea~s-shall mean a "treatment works," as defined in Section 212 of the Act (33 USC §1292) and in 40 CFR 403.3, which is owned by a state or municipality or any agency of such entities. For purposes of these Rules and Regulations, POTW means the Central Regional Wastewater System ("CRWS") owned by the Control Authority. This .definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any sewers, pipes, and other conveyances that convey wastewater to the CRWS but expressly excludes the Airport Wastewater System. RULES AND REGULATIONS t~-ea+~s-shall mean the wastewater pretreatment and discharge rules and regulations established under this Chapter 6, "Wastewater Pretreatment and Discharge Rules and Regulations," of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, as amended. SCHEDULE OF CHARGES a~eaas--shall mean the Dallas~Fort Worth International Airport Board Schedule of Charges, as amended. SEPTAGE WASTE or SEPTIC TANK WASTE r~ea~s-shall mean any liquid or solid material removed from a holding tank such as a chemical toilet, trailer, cesspool, septic tank, or similar sewage treatment system. SEVERE PROPERTY DAMAGE, as the term is used in Sestie~a-a-8-4SEC. 6-68 ^~~ ~-.shall mean substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. SEWAGE +a~ea~s-shall mean human excrement and gray water (wastewater from clothes- washing machines, showers, bathtubs, dishwashing operations, sinks, etc.). SHALL is mandatory; MAY is permissive or discretionary. SIGNIFICANT INDUSTRIAL USER s-shall mean any Industrial User, except as provided in subsection (C) of this definition, that is connected or desires to connect to the Airport Wastewater System and meets at least one of the following criteria: (A) Any Industrial User subject to Categorical Pretreatment Standards as defined in this S~ SEC. 6-4 or as may be provided in 40 CFR 403.6, as amended; or (B) Any other Industrial User that: (1) Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW and/or Airport Wastewater System 14 DRAFT 6/11/10 (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); (2) Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (3) Is designated as such by the ~"~°f ~~°^~ ~+;,,° nfc;^°. Executive Director on the basis that it has a reasonable potential for adversely affecting the operation of the POTW and/or the Airport Wastewater System or for violating any pretreatment standard or requirement. (C) Upon a finding that an Industrial User meeting the criteria in Subsection (B) has no reasonable potential for adversely affecting the operation of the POTW and/or the Airport Wastewater System or for violating any pretreatment standard or requirement, the ~'"~°E ~~°^~ ~*~~~° ^~~^°r Executive Director may at any time, on its own initiative or in response to a petition received from a User or the POTW, determine that such User should not be considered a Significant Industrial User. SIGNIFICANT NONCOMPLIANCE ^~,~~-shall mean noncompliance deemed significant as defined in Sest~en-S ARTICLE IX of these Rules and Regulations. SLUG LOAD or SLUG n,,~~~shall mean any discharge of anon-routine, episodic nature, including but not limited to an accidental spill or non-customary batch discharge; or any discharge at a flow rate or concentration that could cause a violation of the prohibited discharge ~;; standards in ~estio„-~~SEC. 6-6 of these Rules and Regulations. STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE +~ea+as-shall mean a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget. STORMWATER or STORM WATER +~ae~afas-shall mean any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. SYSTEM AGREEMENT +aaea~s-shall mean the contractual agreement between the Board and the Trinity River Authority, dated 16 July 1971, and as subsequently amended, providing for construction, financing, and operation at the Airport of a system for conveyance, separation and disposal of waste material, such System defined by that Supplemental Agreement dated 11 February 1972 as the Waste Treatment Plan (also known as the Airport Pretreatment Plan), the Sanitary Sewer Facilities, the Waste Conveyance Facilities, and related appurtenances located at the Airport (see AIRPORT WASTEWATER SYSTEM). TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM or TPDES +~ea+~s-shall mean the permit program of the TCEQ, as the state agency delegated to act on EPA's behalf with respect to the EPA's NPDES permit program in a state with an approved pretreatment program. THIS CHAPTER a~eaas-shall mean this Chapter 6, entitled "Wastewater Pretreatment and Discharge Rules and Regulations," of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, as amended, which establishes wastewater pretreatment and discharge rules and regulations for the Airport. 15 DRAFT 6/11/10 TOTAL SUSPENDED SOLIDS or TSS mea+~shall mean the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering. TOTAL TOXIC ORGANICS or TTO n~~s-shall mean the sum of the masses or concentration of specific toxic organic compounds found in an Industrial User's discharge at a concentration greater than 0.01 mg/L. For noncategorical and categorical SIUs the TTO list is 40 CFR 122 Appendix D, Table II, excluding pesticides, unless specifically designated in a particular categorical classification. Only those parameters reasonably suspected to be present, if any, to be determined by the Board, shall be analyzed for noncategorical industries. TPDES PERMIT a~ea+~s-shall mean a permit issued by the TCEQ, as the state agency delegated to act on EPA's behalf with respect to the EPA's NPDES permit program in a state with an approved State pretreatment (see NPDES PERMIT). TRINITY RIVER AUTHORITY or TRA a~eaas-shall mean the Trinity River Authority of Texas, a governmental agency of the State of Texas, in its various capacities, including as required by context: the Control Authority; operator of a POTW, including the Central Regional Wastewater System (CRWS); or a party to the Wastewater Service Agreement and/or the System Agreement as defined in this Sestien-~-4 SEC. 6-4. UPSET mews-shall mean an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the User. An Upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or'careless or improper operation. USER mews-shall mean a source of Indirect Discharge; a person who discharges or causes or permits the contribution of wastewater to the POTW and/or the Airport Wastewater System; the term includes, but is not limited to, Industrial User(s). WASTEWATER mews-shall mean liquid and water-carried industrial waste(s) and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW and/or the Airport Wastewater System. WASTEWATER SERVICE CONTRACT +~ea+as-shall mean the contractual agreement, also known as the customer contract, between the Board and the Trinity River Authority, dated 9 August 1973, and providing for the Board's discharge of wastewater into the Central Regional Wastewater System of TRA; includes the Amendatory Wastewater Service Contract dated 16 January 1984 and any and all subsequent amendments. WASTEWATER TREATMENT PLANT or TREATMENT PLANT mews-shall mean that portion of the POTW that is designed to provide treatment of domestic sewage and industrial waste. . SEC. 6-5. INCORPORATION OF FEDERAL AND STATE STATUTES, RULES, AND REGULATIONS. 16 DRAFT 6/11/10 A reference within this Chapter of the Dallasl~Fort Worth International Airport Code of Rules and Regulations to a federal or state statute, rule, or regulation includes all amendments to such statute, rule, or regulation made after the effective date of this Chapter. All categorical pretreatment standards, pretreatment requirements, lists of toxic pollutants, industrial categories, and other applicable regulations promulgated by the EPA or the TCEQ, including all future amendments of same, are hereby incorporated into this Chapter. Sestfe+a-PARTICLE II. DISCHARGE PROHIBITIONS AND LIMITS. ~°^*~^^'-''.SEC. 6-6. PROHIBITED DISCHARGES. (A) General Prohibitions No User shall introduce or cause to be introduced into the Airport Wastewater System or the POTW any pollutant or wastewater capable of causing Pass Through or Interference. These general prohibitions and the specific prohibitions in paragraph (B) of this Section apply to each User of the Airport Wastewater System or the POTW whether or not the User is subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements. (B) Specific Prohibitions No person shall introduce or cause to be introduced into the Airport Wastewater System or the POTW: ® (1) Any Pollutant(s) which create a fire or explosive hazard in the Airport Wastewater System and/or the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 CFR 261.21 (2) Any substance or wastewater having a pH less than 5.5 or more than 11.0, or otherwise capable of causing corrosive or structural damage to the Airport Wastewater System and/or the POTW; (3) Solid or viscous substances in amounts capable of causing obstruction to the flow in the Airport Wastewater System and/or the POTW, resulting in Interference; (4) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the Airport Wastewater System and/or the POTW; (5) Wastewater having a temperature greater than 150°F (65°C), or which will inhibit biological activity in the POTW treatment plant resulting in Interference, but in no case wastewater which causes the temperature at the introduction into the POTW treatment plant to exceed 104°F (40°C); (6) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause Interference or Pass Through; 17 DRAFT 6/11/10 (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the Airport Wastewater System and/or the POTW in a quantity that may cause acute worker health and safety problems. (8) Any trucked or hauled septage waste, wastewater or pollutant(s), except at discharge points designated by r+h~ef ~.,e,.,,+.„e n~;,.e. Executive Director in accordance with these Rules and Regulations; (9) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the POTW's and/or Airport Wastewater System's waste or sanitary sewer conveyance facilities for inspection maintenance or repair; (10) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the POTW treatment plant's effluent, thereby violating the applicable TPDES permit; (11) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations; (12) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, de-ionized water, non-contact cooling water, and unpolluted wastewater, unless specifically authorized by ~'"~°f ~~°^~ ~*~~~° ^~~^°r Executive Director and the Control Authority; (13) Medical wastes, except as specifically authorized by r"~°{ ~~°^~ ~*~~~~ 9#+~ Executive Director in a wastewater discharge permit; (14) Fats, oils, or greases of animal or vegetable origin in concentrations exceeding 200 mg/I; (15) Garbage that is not properly shredded to such an extent that all particles will be carried freely under the flow conditions normally prevailing in wastewater mains, with no particle having greater than one-half (1/2") inch cross-sectional dimension; (16) Wastewater or industrial waste generated or produced outside the Airport, unless approval in writing from the Executive Director has been given to the person discharging the waste. (C) Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the D/FW Airport System and/or the POTW. S°^*~„-~ SEC. 6-7. NATIONAL CATEGORICAL PRETREATMENT STANDARDS. (A) The national categorical pretreatment standards which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471, shall apply in addition to all applicable pretreatment 18 DRAFT 6/11/10 standards and requirements set forth in 40 CFR 403 and these Rules and Regulations. A User shall not discharge in violation of any applicable categorical pretreatment standards. (B) Existing Sources and new or existing Industrial Users who are or may be included in an industrial subcategory to which categorical standards apply shall comply with the procedures and requirements set forth in 40 CFR 403.6 and any applicable limits or requirements imposed by the Executive Director. Ses~ie~-~-3-SEC. 6-8. LOCAL LIMITS. (A) The following specific limits are established, in accordance with local limits in the Control Authority's TPDES permit for the CRWS, to protect against Pass Through and Interference. No person or User shall discharge or cause or permit to be discharged wastewater containing in excess of the following instantaneous maximum allowable discharge limits: POLLUTANT LIMIT (mg/L) Arsenic 0.2 Cadmium 0.1 Chromium 2.9 Copper 2.3 Cyanide 0.5 Lead 0.9 Mercury 0.0004 Molybdenum 0.8 Nickel 4.6 Selenium 0.2 Silver 0.8 Zinc 8.0 Oil and grease 200 TTO 2.13 The above limits apply at the Individual User's point of discharge, i.e., the point(s) where the wastewater is discharged to the Airport's system. All concentrations for metallic substances are for "total" metal unless indicated otherwise. (B) The S~ie~E ~*~~~° ^~^°r Executive Director may impose mass limitations in addition to, or in place of, the concentration-based limitations above. Ses~+e+~~-4. SEC. 6-9. RIGHT TO ESTABLISH REGULATIONS OR MORE STRINGENT REQUIREMENTS. The Board reserves the right to establish, by rules and regulations, lawful order, or wastewater discharge permits, more stringent standards or requirements than those set forth in the preceding section on discharges to the Airport Wastewater System and/or the POTW. Additionally, the Board may establish further rules and regulations and the 9#fisef Executive Director may establish further procedures not in conflict with these Rules and Regulations. 19 DRAFT 6/11/10 . SEC. 6-10. APPLICABILITY OF MORE STRINGENT REGULATIONS OR DISCHARGE LIMITS. (A) If national pretreatment standards, categorical or otherwise, more stringent than the discharge limits prescribed in this Chapter are promulgated by the United States Environmental Protection Agency for certain industries or Users, the more stringent national pretreatment standards will apply to the affected persons/Users. A violation of the more stringent national pretreatment standards will also be considered a violation of these Rules and Regulations. (B) User at the Airport. who discharges industrial waste ultimately received and treated by another governmental entity pursuant to a wholesale wastewater contract or a reciprocal agreement with the Board is subject to the following additional rules: (1) If the governmental entity has more stringent discharge limits than those prescribed by this Chapter, or by a discharge permit issued under this Chapter, because the United States Environmental Protection Agency requires the more stringent discharge limits as part of the governmental entity's wastewater pretreatment program, the more stringent discharge limits shall prevail. (2) The Executive Director is authorized to issue a discharge permit to a User affected by Subsection (1), to assure notice of and compliance with the more stringent discharge limits. If the User already has a discharge permit, the Executive Director may amend or reissue the permit to apply and enforce the more stringent discharge limits. An affected User shall submit to the Grief Executive Director an expected compliance date and an installation schedule if the more stringent discharge limits necessitate technological or mechanical adjustments to the User's facilities or business operations at the Airport. An affected User(s) shall be given reasonable opportunity to comply with the more stringent discharge limit(s). (3) The more stringent discharge limits cease to apply upon termination of the Board's wholesale wastewater contract or reciprocal agreement with the governmental entity, or upon modification or elimination of the limits by the government entity or the United States Environmental Protection Agency. The ohief €xesat' ^*~~^ef Executive Director will take appropriate action to notify affected User(s) of an occurrence under this Subsection (3). S°^*~~ SEC. 6-11. VARIANCES IN COMPLIANCE DATES. The Executive Director may grant a variance compliance dates to an affected User when, in the Executive Director's opinion, such action is necessary to achieve pretreatment or corrective measures. In no case shall the Grief Executive Director grant a variance in compliance dates to an industry/User affected by national categorical pretreatment standards beyond the compliance dates established by the United States Environmental Protection Agency. 20 DRAFT 6/11/10 Sest~ie~-~ SEC. 6-12. DILUTION PROHIBITED. (A) No User shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation or pretreatment standard unless expressly authorized to do so by an applicable pretreatment standard or requirement. (B) The Executive Director may impose mass limitations on Users who are using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate. Ses~ie~-a~ SEC. 6-13. BOD or TSS LOADING. (A) No person shall discharge wastewater containing a BOD or TSS loading that is capable of causing the Board's prorata share of the total BOD or TSS loading to the Central Regional Wastewater System (CRWS) to exceed the Board's prorata share of the total flow to the CRWS. (Example: If the Board contributes 25% of the total wastewater flow to the CRWS, the Board's cumulative BOD or TSS loading to the CRWS, as measured at the Board's points of entry to the CRWS, shall not exceed 25% of the total BOD or TSS loading to the CRWS) (B) Any User with wastewater strength capable of causing the Board's cumulative wastewater loading, at the Board's point(s) of entry to the CRWS, to exceed the Board's prorata share of the total wastewater loading based upon flow may be required to provide pretreatment measures to reduce the User's wastewater strength to an acceptable level. ARTICLE I11. PRETREATMENT OF WASTEWATER. Ses~iera-~ SEC. 6-14. PRETREATMENT FACILITIES. (A) Users shall provide wastewater treatment or pretreatment as necessary to comply with these Rules and Regulations and shall achieve compliance with any applicable categorical pretreatment standards, local limits, and prohibitions set out in S~estiea~-~ SEC. 6-6 of these Rules and Regulations within the time limitations specified by EPA, the State, the Control Authority, or the S#+ef Executive Director, whichever are more stringent. (B) The User shall provide, operate, and maintain any facilities or equipment necessary for compliance at the User's expense. The rh;of ~.,o,.,,*.„o n~;,.o,- Executive Director may require a User to submit detailed plans describing such facilities and operating procedures to the Executive Director for review. The review of such plans and operating procedures shall in no way relieve the User from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Board under the provisions of these Rules and Regulations. 21 DRAFT 6/11/10 Ses~ie~-~-~ SEC. 6-15. ADDITIONAL PRETREATMENT MEASURES. Whenever deemed necessary, the Executive Director may require: (A) Any User to restrict its discharge during peak flow periods, to discharge certain wastewater only into designated conveyances or sewers, to relocate and/or consolidate points of discharge, to separate sewage waste streams from industrial waste streams, and to comply with such other conditions as the G#+ef ~~°^, ,+;,,° ncr,^°. Executive Director determines may be necessary to protect the Airport Wastewater System and/or the POTW or to determine the User's compliance with these Rules and Regulations; (B) Any person discharging into the Airport Wastewater System and/or the POTW or any occupant or lessee of any property or premises on the Airport to install and maintain on that person's premises or site, at the person's expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization. (C) Any person, User, or occupant or lessee of any property or premises on the Airport to install and maintain on that person's premises or site grease, oil, and/or sand interceptors when, in the opinion of the r";°f ~.,°^„+;,,° nom;^°r Executive Director, such traps or interceptors are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand. All interception units shall be of type and capacity approved by the r";°c ~.,°^. ,+;,,° 9#~+cer Executive Director and shall be so located to be easily accessible for cleaning and inspection. Unless provided otherwise by the Board or S#ie# Executive Director, such interceptors shall be installed, maintained, inspected, cleaned, and repaired regularly, as needed, by the User at its expense; (D) Any User with the potential to discharge flammable substances to install and maintain an approved combustible gas detection meter, or other control device as deemed necessary by the Executive Director. Ses~ie~-3-3:-SEC. 6-16. ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS. (A) At least once every two (2) years, the Executive Director and/or Control Authority shall evaluate whether each permitted Significant industrial User needs a plan to control slug discharges. The ~'"~°f ~~°^~ ~*~~~° 9#iser Executive Director may require any User to develop, submit for approval, and implement such a plan. Alternatively, the Executive Director may develop such a plan for any User. Any accidental discharge or slug control plan required pursuant to these Rules and Regulations shall address, at a minimum, the following: (1) Description of discharge practices, including non-routine batch discharges; (2) Description of stored chemicals; 22 DRAFT 6/11/10 (3) Procedures for immediately notifying the rh+~f €xesati~e--O##iser sy~ Executive Director and/or Control Authority of any slug discharge, as required by S~estiea-6-6 SEC. 6-36 of this Chapter; and (4) Procedures to prevent adverse impact from any slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. . SEC. 6-17. HAULED SEPTAGE OR INDUSTRIAL WASTE. (A) Septage waste. (1) A person commits an offense if he discharges hauled septage waste into the Airport Wastewater System and/or the POTW except at such locations as are designated by the Executive Director, and at such times as are established by the r"o,,,~-~esut+ue O#ise~ Executive Director. Such waste shall not violate any provision of ~est+e+a---~ ARTICLE II of this Chapter or any other requirements established by the Executive Director. The S#~ief Executive ^~,;;~ Executive Director may require septage waste haulers to obtain wastewater discharge permits. (2) The Executive Director may collect samples of each hauled load to ensure compliance with applicable standards. The Executive Director may require a septage waste hauler to provide a waste analysis of any load prior to discharge. (B) Industrial Waste. (1) In order to ensure that trucked industrial waste is not being discharged into the Airport Wastewater System and/or the POTW, the G#ief Executive Director may require any User who generates such waste to report the type and amount of the waste, and the location and manner of its disposal. (2) The Executive Director may collect samples of each hauled load to ensure compliance with applicable standards. The Executive Director may require an industrial waste hauler to provide a waste analysis of any load prior to discharge. (3) A person commits an offense if the person generates industrial waste and fails to make reports or provide waste analysis as required by the Executive Director pursuant to subsection (B). 23 DRAFT 6/11/10 Ses~ie~~ ARTICLE IV. PERMIT REQUIRED FOR WASTEWATER DISCHARGE; PERMIT APPLICATIONS. S~es~ie~-4-~. SEC. 6-18. WASTEWATER ANALYSIS. When so requested by the 6~~E-~c°^~ ~*~~~° ^~^°~ Executive Director, a User must submit information on the nature and characteristics of its wastewater to the ~'"~°+' ~~°^„+;,,° 9#f+se~ Executive Director within ten (10) working days following receipt of the request. The Executive Director is authorized to prepare a form or checklist for this purpose and may periodically require the User to update this information. Seslr+eR-4-:SEC. 6-19. WASTEWATER DISCHARGE PERMIT REQUIRED. (A) A Significant Industrial User ("SIU") commits an offense if the SIU discharges, or allows the discharge of, industrial waste or wastewater into the Airport Wastewater System and/or the POTW without first obtaining and maintaining a valid wastewater discharge permit from the Executive Director, except that a SIU that has filed a timely application pursuant to Seat~ie~a 4-a SEC. 6-22 of these Rules and Regulations may continue to discharge for the time period specified in that section. (B) The Executive Director may require other Users to obtain wastewater discharge permits as the Executive Director may deem necessary to carry out the purposes and objectives of these Rules and Regulations. -Axe,. (C) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of these Rules and Regulations and subjects the wastewater discharge permittee to the sanctions and enforcement actions set out in this Chapter. (D) Obtaining a wastewater discharge permit does not relieve a person of the obligation to comply with all applicable federal and state pretreatment standards or requirements or with any other applicable requirements of federal, state, or local law. Sest~ep-4-~ SEC. 6-20. PERMITS FOR EXISTING SOURCES. (A) Any User required to obtain a wastewater discharge permit who was discharging wastewater into the Airport Wastewater System and/or the POTW prior to the Effective Date of these Rules and Regulations and who wishes or reasonably expects to continue such discharges in the future shall apply to the 6hief €xes~we ^-~,;;~ Executive Director fora wastewater discharge permit in accordance with Sest+en-4-~ SEC. 6-22 of these Rules and Regulations. (B) An existing User commits an offense if the User causes or allows discharges to the Airport Wastewater System and/or the POTW to continue after ninety (90) days of the Effective Date of this Chapter except in accordance with a wastewater discharge permit issued under these Rules and Regulations. 24 DRAFT 6/11/10 Ses~ie+~-~-4. SEC. 6-21. PERMITS FOR NEW SOURCES. Any User or New Source required obtaining a wastewater discharge permit who proposes to begin or recommence discharging into the Airport Wastewater System and/or the POT1N shall obtain a valid permit prior to beginning or recommencing any discharge. An application for a wastewater discharge permit shall be filed in accordance with ~est+ea--4-~ SEC. 6-22 of this Chapter prior to the date upon which any discharge will or is reasonably expected to begin or recommence. . SEC. 6-22. PERMIT APPLICATION PROCESS. (A) Notwithstanding the provisions of ~esfien-4ARTICLE IV, any User notified by the Executive Director that a wastewater discharge permit is required shall submit a completed application in accordance with this Section and within the time limits set forth in the notice. Unless otherwise provided in this S~estiea-4, ARTICLE IV, a person notified by the Executive Director that a wastewater discharge permit is required shall not discharge to the Airport Wastewater System and/or the POTW without a wastewater discharge permit after sixty (60) days from the date the person received notice of the permit requirement. (B) Any person required to obtain a wastewater discharge permit shall submit a permit application by completing any application form(s) provided or required by the Executive Director. Incomplete or inaccurate applications will not be processed and will be returned to the applicant for revision. (C) The Executive Director may require any or all Users to submit as part of an application the following information: (1) All information required by Sest+ea~-6-~ SEC. 6-31 (Baseline Monitoring Reports) of these Rules and Regulations; (2) Description of activities, facilities, and plant processes on the applicant's/User's premises or site, including a list of all raw materials and chemicals used or stored at the premises or location which are, or could accidentally or intentionally be, discharged to the Airport Wastewater System and/or the POTW; (3) Number and type of employees, hours of operation, and proposed or actual hours of operation; (4) Each product produced by type, amount, process or processes, and rate of production; (5) Type and amount of raw materials processed (average and maximum per day); (6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge; 25 DRAFT 6/11/10 (7) Time and duration of anticipated discharges; and (8) Any other information as may be deemed necessary by the 6#ief €x€^~ ~*~~~° ;ser Executive Director to evaluate the wastewater discharge permit application. Ses~ie+~~4-6:-SEC. 6-23. SIGNATORIES AND CERTIFICATION REQUIREMENTS. All wastewater discharge permit applications and User reports required to be submitted or maintained under these Rules and Regulations or a permit or order issued under this Chapter shall be signed by an Authorized Representative of the User as stated in 40 CFR 403.12(1), shall be subject to the provisions of 40 CFR 403.12(n) governing fraud and false statements, and shall contain the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Signature of this statement in no way diminishes the enforceability of these Rules and Regulations. 5~~ ARTICLE V. WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS. EC. 6-24. WASTEWATER DISCHARGE PERMIT DECISIONS. (A) The rh;°f c„°^, ,+;.,° nom:^°r Executive Director will evaluate the information and data furnished by the User's application and may require the applicant to submit additional information. (B) Within a reasonable period, generally not to exceed seventy-five (75) days, following receipt of a complete wastewater discharge permit application, the Executive Director will determine whether or not to issue a wastewater discharge permit. (C) The Executive Director may deny any application for a wastewater discharge permit. . SEC. 6-25. WASTEWATER DISCHARGE PERMIT DURATION. (A) A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years at the discretion of the Executive Director. (B) Each wastewater discharge permit will indicate a specific date upon which it will expire. 26 DRAFT 6/11/10 (C) A wastewater discharge permit shall be void able upon cessation of operations or transfer of User ownership and void if the transfer requirements of Sest+e+~-~-~ SEC. 6-28 are not satisfied. (D) All wastewater discharge permits issued to a particular User are void upon the issuance of a new wastewater discharge permit to that User. . SEC. 6-26. WASTEWATER DISCHARGE PERMIT CONTENTS. (A) A wastewater discharge permit shall include such conditions as are required by applicable law, including these Rules and Regulations, or by the Wastewater Service Contract, or as are deemed reasonably necessary by the G#+ef G.,e,.,,+.„e nfr,.e,- Executive Director to prevent Pass Through or Interference, protect the quality of the water body receiving the POTW treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the Airport Wastewater System and/or the POTW. (B) A wastewater discharge permit shall contain: (1) A statement that indicates the permit's duration; (2) A statement that the permit is nontransferable without prior notification to the Board in accordance with Sestie~-~-5 SEC. 6-28 of these Rules and Regulations, and provisions for furnishing the new owner or operator of the User with a copy of the existing wastewater discharge permit. (3) Effluent limits based on applicable pretreatment standards; (4) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type, based on applicable federal, state, and local law; and (5) A statement of applicable civil and criminal penalties for violation of pretreatment standards, and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law. (C) Wastewater discharge permits may also contain, without limitation, the following conditions: (1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization. (2) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the Airport Wastewater System and/or the POTW; 27 DRAFT 6/11/10 (3) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges; (4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the Airport Wastewater System and/or the POTW; (5) The unit charge or schedule of User charges and fees for the management of the wastewater discharged to the Airport Wastewater System and/or the POTW; (6) Requirements for installation and maintenance of inspection, flow, and sampling facilities and/or equipment; (7) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and (8) Other conditions as deemed appropriate by the Executive Director to ensure compliance with these Rules and Regulations or with any applicable federal or state laws, rules, and regulations. Ses.~ie+~a-4. SEC. 6-27. WASTEWATER DISCHARGE PERMIT MODIFICATION. The Executive Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons: (A) To incorporate any new or revised federal, state, or local pretreatment standards or requirements, or any new or revised requirements of the Wastewater Service Contract; (B) To address significant alterations or additions to the User's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance; (C) A change in the Airport Wastewater System and/or the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; (D) Information indicating that the permitted discharge poses a threat to the Airport Wastewater System, any portion of the POTW, POTW or Board personnel, the general public, or the receiving waters; (E) Violation of any terms or conditions of the wastewater discharge permit or these Rules and Regulations; 28 DRAFT 6/11/10 (F) (G) (H) (I) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required documents or reports; Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; To correct typographical or other errors in the wastewater discharge permit; or To reflect a transfer of the User's ownership or operation to a new owner or operator. Sect+e+~-~-~ SEC. 6-28. WASTEWATER DISCHARGE PERMIT TRANSFER. (A) A wastewater discharge permit issued may be transferred to a new owner or operator only if the permittee gives advance notice of transfer to the G#ief G.,o,., ,+;.,e n~:,.er Executive Director and the Executive Director approves the permit transfer. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of transfer to the new owner(s) or operator(s). (B) The notice of intent to transfer must include a written certification, in accordance with ~estiea-4-6 SEC. 6-23 of this Chapter, by the new owner or operator that: (1) States that the new owner and/or operator has no immediate intent to change the operations and processes of the permitted facility, premises, or site; (2) Identifies the specific date on which the transfer is to occur; and (3) Acknowledges and agrees to assume full responsibility for complying with the terms and conditions of the existing wastewater discharge permit(s) and the requirements of these Rules and Regulations. Sest:ie~-~-~ SEC. 6-29. GROUNDS FOR PERMIT SUSPENSION OR REVOCATION The Executive Director may suspend or revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons: (A) Failure to notify the Executive Director of significant changes to the wastewater prior to the changed discharge; (B) Failure to provide prior notification to the Executive Director of changed conditions pursuant to S~est+ea-6-5 SEC. 6-35 of these Rules and Regulations; (C) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; (D) Falsifying self-monitoring or other required documentation or reports; (E) Tampering with monitoring equipment; 29 DRAFT 6/11/10 (F) Refusing to allow the Executive Director timely access to the permittee's facility, premises, site, and/or records; (G) Failure to meet effluent limitations; (H) Failure to pay fines or comply with any other terms or conditions imposed by lawful order under these Rules and Regulations; (I) Failure to pay charges imposed on the permittee under this Chapter or pursuant to the Board's Schedule of Charges, as amended; (J) Failure to meet compliance schedules; (K) Failure to complete or to timely submit a wastewater survey/analysis or wastewater discharge permit application; (L) Failure to provide advance notice of the transfer of ownership or operation of a permitted facility, premises, or site; or (M) Violation of any pretreatment standard or requirement or of any terms of the wastewater discharge permit or these Rules and Regulations or of any lawful order issued pursuant to this Chapter. Sest~e~-5-~ SEC. 6-30. WASTEWATER DISCHARGE PERMIT REISSUANCE. (A) A User with an expiring wastewater discharge permit shall apply for wastewater discharge permit re-issuance by submitting a complete permit application, in accordance with Sest+e~4 ARTICLE IV of these Rules and Regulations, prior to the expiration of the User's existing permit. (B) If the User submits an application in compliance with this Chapter and the failure of the Executive Director to reissue a permit prior to the expiration of the previous permit is not due to any act or omission of the User, then the expired permit shall continue to be effective and enforceable until reissued or revoked. ARTICLE VI. REPORTING REQUIREMENTS. Sesl;ieA-6-'~: SEC. 6-31. BASELINE MONITORING REPORTS. (A) Deadlines for submission of reports (1) Existing Categorical Users Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing Users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall submit to the 30 DRAFT 6/11/10 Executive Director a report which contains the information listed in subsection (B), below. (2) New Sources and New Categorical Users At least ninety (90) days prior to commencement of discharge, New Sources and sources that become categorical Users subsequent to the promulgation of an applicable categorical standard, shall submit to the Executive Director a report which contains the information listed in subsection (B), below. A New Source shall report the method of pretreatment the source intends to use to meet applicable categorical standards. A New Source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. (B) Users described above shall submit the following information: (1) Identifying Information The name and address of the User, including the location of its Airport site or premises and the name of the operator and owner. (2) Environmental Permits A list of any environmental control permits held by or for the User for or including its Airport location, facility, site, or premises. (3) Description of Operations A brief description of the nature, average rate of production, and Standard Industrial Classifications of the operation(s) carried out by such User. This description should include a schematic process diagram that indicates points of discharge to the Airport Wastewater System and/or the POTW from the regulated processes. (4) Flow Measurement Information showing the measured or estimated average daily and maximum daily flow, in gallons per day, to the Airport Wastewater System and/or the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e). (5) Measurement of Pollutants (a) The categorical pretreatment standards applicable to each regulated process. (b) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Executive Director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in SEC. 6-40 of these Rules and Regulations. 31 DRAFT 6/11/10 (c) Sampling shall be performed in accordance with procedures set out in ~est+er~-~-~'~SEC. 6-41 of these Rules and Regulations. (6) Certification A statement, reviewed by an Authorized Representative of the User and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (08~M) and/or additional pretreatment is required to meet the pretreatment standards and requirements. (7) Compliance Schedule If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the User will provide such additional pretreatment and/or OEM. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in S~e~st+ea-6-2 SEC. 6-32 of these Rules and Regulations. (8) Signature and Certification All baseline monitoring reports must be signed and certified in accordance with ~est+e~--4-6 SEC. 6-23 of these Rules and Regulations. Ses~ie~-6-~. SEC. 6-32. COMPLIANCE SCHEDULE AND PROGRESS REPORTS. The following conditions shall apply to any compliance schedule required by Sest+e+~6- ~{-~}-SEC. 6-31(B)(7) of this Chapter: (A) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the User to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation); (B) No increment referred to in subsection (A) above shall exceed nine (9) months; (C) The User shall submit a progress report to the Executive Director no later than fourteen (14) days following each date in the schedule and the final date of compliance including, at a minimum, whether or not the User complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the User to return to the established schedule; and (D) In no event shall more than nine (9) months elapse between such progress reports to the Executive Director. Sest+e~~-3: SEC.6-33. REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARD DEADLINE. (A) Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a New Source following 32 DRAFT 6/11/10 commencement of the introduction of wastewater into the POTW, any User !` subject to such pretreatment standards and requirements shall submit to the G#~iEfz~es~ ~+~~~° ^~^°~ Executive Director a report containing the information described in (6) SEC. 6-31(6)(4)-(B)(6) of these Rules and Regulations. (B) For Users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the User's long-term production rate. (C) For all other Users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the User's actual production during the appropriate sampling period. (D) All compliance reports must be signed and certified in accordance with ~esi:ie~t 4-6 SEC. 6-23 of these Rules and Regulations. Sest:iep-6-4. SEC. 6-34. PERIODIC COMPLIANCE REPORTS. (A) All Significant Industrial Users shall, at a frequency determined by the Gk~+ef Executive Director but in no case less than twice per year submit a report containing at a minimum: (1) The nature and concentration of pollutants in the discharge which are limited by pretreatment standards; and (2) The measured or estimated average and maximum daily flows for the reporting period. (B) All periodic compliance reports shall be signed and certified in accordance with Sest+e~-4-6 SEC. 6-23 of these Rules and Regulations. (C) All wastewater samples shall be representative of the User's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring facilities or equipment in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its discharge. (D) If a User subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Executive Director, the results of this monitoring shall be included in the report. (E) At the Executive Director's discretion, sampling and analysis may be performed by the Board and/or Control Authority rather than by the User(s). (F) The Board or Executive Director may require appropriate reporting from those industrial users or persons with discharges that are not subject to categorical pretreatment standards. Significant noncategorical 33 DRAFT 6/11/10 industrial users shall submit to the ~ Executive Director at least once every six months (on dates specified by the ohief €xesutiTe ^~ioc; Executive Director) a description of the nature, concentration, and flow of the pollutants required to be reported by the Executive Director. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the TCEQ and/or EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other persons, approved by the TCEQ and/or EPA. This sampling and analysis may be performed by the Executive Director in lieu of the significant noncategorical industrial user. Where the POTW itself collects all the information required for the report, the noncategorical significant industrial user will not be required to submit the report. Sec~ie~-6~. SEC. 6-35. REPORTS OF CHANGED CONDITIONS. (A) Each User must notify the Executive Director of any planned significant changes to the User's operations or system(s) which might alter the nature, quality, or volume of User's wastewater, such notice to be provided in writing before the change is made. (B) The Executive Director may require the User to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Sect+e+~-4,~ SEC. 6-22 of these Rules and Regulations. (C) The Executive Director may issue a wastewater discharge permit under ~-2 SEC. 6-25 or modify an existing wastewater discharge permit under Sestier~--5-4 SEC. 6-27 in response to changed conditions or anticipated changed conditions. (B) For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty percent (20%) or greater and the discharge of any previously unreported pollutants. Sest:ie+~-6-f~ SEC. 6-36. REPORTS OF ACCIDENTAL DISCHARGES OR POTENTIAL PROBLEMS. (A) In the case of any discharge capable of causing problems for the POTW, including without limitation upset, accidental discharges, discharges of a nonroutine, episodic nature, a nonroutine batch discharge, or a slug load, the User shall immediately telephone and notify the Executive Director and/or the Vice President of the Board's Environmental Affairs Department (or other authorized representative(s) designated by the C#ie# Executive Director) of the incident. This notification shaft include the location of the discharge, type of waste or substance, concentration and volume, if known, and corrective actions taken by the User. 34 DRAFT 6/11/10 (B) Within five (5) days following such discharge, unless waived by the G#+ef €~c Executive Director or the Vice President of the Board's Environmental Affairs Department (or other authorized representative designated by the Executive Director, the User shall submit a detailed written report which specifies: (1) A description and cause of the discharge, including location of the discharge, type, concentration and volume of water; and (2) All measures taken or to be taken by the User to reduce, eliminate, and prevent continuation or recurrence of such an upset, slug load, or accidental discharge, spill, or similar occurrences. (C) Such notification shall not relieve the User of any expense, loss, damage, or other liability which may be incurred as a result of damage to the Airport Wastewater System, POTW, 6-28 natural resources, or any other damage to person or property; nor shall such notification relieve the User of any fines, penalties, or other liability which may be imposed pursuant to these Rules and Regulations. (D) A notice shall be permanently posted on the User's bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (A) above. Employers shall ensure that all employees who may cause or witness such a discharge are advised of the emergency notification procedure. SEC. 6-37. REPORTS FROM NON-PERMITTED USERS. All persons/Users conducting operations or business at the Airport, whether or not the person/User has or is required to obtain a wastewater discharge permit, shall provide appropriate reports to the Executive Director as the ~'h;ef ~.,o,., ,+.„o G#isef Executive Director may require. Sest+er~&-~ SEC. 6-38. NOTIFICATION OF VIOLATION BASED ON SELF- MONITORING. If monitoring, sampling, or wastewater analysis performed by or for a User indicates that a violation of this Chapter or a permit issued to User under this Chapter has occurred, the User shall: (A) Inform the Executive Director and/or the Vice President of the Board's Environmental Affairs Department (or. other authorized representative designated by the >r hief~esa*~~~r~-amo~ Executive Director) of the violation within twenty-four (24) hours of the User's becoming aware of the violation; (B) Within thirty (30) days after becoming aware of the violation, unless waived by the Executive Director or the Vice President of the Board's Environmental Affairs Department (or other authorized representative designated by the Executive Director), submit to the f~#~+ef 35 DRAFT 6/11/10 €~c~saz~r~-~,;;se; Executive Director or to the authorized representative ~'~ designated by the r";°f c„°^„+;,,° nom;^°~ Executive Director a report that addresses: (1) the time, date, location, processes, and operations associated with the violation, and the personnel assigned responsibility and/or present during the violation; (2) the cause or probable cause of the noncompliance; and (3) the actions taken and implemented to meet permit conditions; (C) Repeat the sampling and pollutant analysis and submit to the ~"~°f E~c~ ~* 9#~se~ Executive Director, or to the authorized representative designated by the Executive Director, the results of this repeat analysis within thirty (30) days after becoming aware of the violation. The User is not required to resample if the Executive Director monitors or performs sampling at the User's facility, premises, or site(s) at least once a month, or if the ~"~°f ~~°^~ ~*~~~° ^~~^°- Executive Director samples between the User's initial sampling and the time when the User receives the results of this sampling. . SEC. 6-39. NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE. (A) Pursuant to 40 CFR 403.12(p), any User who commences the discharge of hazardous waste shall notify the Executive Director, the Control Authority, the EPA Region VI Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. (1) Such notification shall include the name of the hazardous waste as set forth In 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). (2) If the User discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the User: an identification of the hazardous constituents contained in the wastes, an estimation of the mass an concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. (3) All notifications shall take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this Subsection (A) need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under ~est+e+}-6-5 SEC. 6-35 of these Rules and Regulations. The notification requirement in this section does not apply to pollutants 36 DRAFT 6/11/10 already reported by Users subject to categorical pretreatment standards under the self monitoring requirements of SEC. 6-31, 6-32, and 6-33 of these Rules and Regulations. (B) A discharger is exempt from the requirements of subsection (A) during a calendar month in which it discharges no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the User discharges more than such quantities of any hazardous waste do not require additional notification. (C) In the case of any new regulations under Section 3001 of the Solid Waste Disposal Act, 42 USC§§ 6901 et seq., as amended (also known as "RCRA"), identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the User shall notify the Gh;of c.,o,., ,+;.,o 9#~se~ Executive Director, the Control Authority, the EPA Region VI Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations. (D) In the case of any notification made under this Section, the User shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. (E) This Section does not create a right to discharge any substance not otherwise permitted to be discharged by these Rules. and Regulations, a permit issued there under, or any applicable federal or state law. Ses~ie~-ri~A. SEC. 6-40. ANALYTICAL REQUIREMENTS. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed. in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA. Se~ie~-6-1~. SEC. 6-41. SAMPLE COLLECTION. (A) Except as indicated in subsection (B), the User must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is not feasible, the Executive Director may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the User demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. 37 DRAFT 6/11/10 (B) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds shall be obtained using grab collection techniques. ~~esl:iefl-6-~-~. SEC. 6-42. DATE REPORTS DEEMED RECEIVED. Written reports and other documents submitted to the ~'"~°f c.,o^, ,*.„e n~;,.e. Executive Director pursuant to these Rules and Regulations or a permit or lawful order issued hereunder will be deemed to have been submitted on the date postmarked. For reports or documents that are not mailed, postage prepaid, into a mail receptacle serviced by the United States Postal Service, the date of actual receipt of the document shall govern. . SEC. 6-43 RECORD-KEEPING REQUIREMENTS. (A) Any and all Users subject to the reporting requirements of these Rules and Regulations shall maintain, retain, and make available for inspection and copying upon request by the GhT ~€xe Executive Director, the Control Authority and/or the Approval Authority and at a single location, all records of information obtained pursuant to or resulting from any monitoring activities required by these Rules and Regulations and any additional records of information obtained pursuant to monitoring activities undertaken by or for the User independent of such requirements. (B) Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. (C) These records shall remain available to the Board and/or Executive Director for a period of at least three (3) years. This retention period shall be automatically extended for the duration of any relevant litigation concerning the User or the Board, its owner cities, and/or the Control Authority, or where the User has been specifically notified of a longer retention period by the Executive Director. S€GaFIA~I-PARTICLE VII. COMPLIANCE MONITORING. Sell:+e~-'1: SEC. 6-44. RIGHT OF ENTRY: INSPECTION AND SAMPLING. The Executive Director and/or the Control Authority, TCEQ, or EPA or their designated representative(s) shall have the right to enter any User's facility, premises, or site on the Airport to determine whether the User is complying with all requirements of these Rules and Regulations and any wastewater discharge permit or order issued hereunder. Users shall allow all such representatives ready access to all parts of the premises for the purposes of inspection, observation, measurement, monitoring, testing, sampling, records examination and copying, and the performance of any additional duties or activities the representative deems necessary. (A) Where a User has security measures in force which require proper identification and clearance before entry into its premises or site, the User shall make 38 DRAFT 6/11/10 necessary arrangements with its security guards so that, upon presentation of suitable identification, the representatives of the Board, Control Authority, TCEQ or EPA will be permitted to enter without. delay for the purposes of performing specific responsibilities. (B) The o"Te~€xes Executive Director and/or Control Authority shall have the right to set up or install, or require installation of, on a User's/person's facility, premises, or site at the Airport such devices as the S#+e~€-~~es~ve ~##+~ Executive Director and/or Control Authority deem(s) necessary to conduct sampling and/or metering of the User's/person's operations. All such sampling and analysis performed by the Board and/or Control Authority to monitor compliance shall be at the expense of the User, unless the C#ie~-E-~Eesttt+ve 0#+sef Executive Director determines otherwise. (C) The Executive Director and/or Control Authority may require a User or any person who occupies or leases any facility, premises, or property at the Airport to install monitoring equipment as the ~h;ef G.,e,.,,+,,,e ~##+~ Executive Director and/or Control Authority deem(s) necessary. The User's/person's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the User/person at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at least annually to ensure their accuracy. (D) Any temporary or permanent obstruction to safe and easy access to the facility, premises, or site to be inspected and/or sampled shall be promptly removed by the User or person who occupies or leases the subject property at the written or verbal request of the Executive Director and/or Control Authority and shall not be replaced. The costs of clearing such access shall be borne by the User or person who occupies or leases the subject property. (E) Unreasonable delays in allowing the Executive Director, Control Authority, TCEQ or EPA access to a User's/person's facility, premises, or site at the Airport shall be a violation of these Rules and Regulations. Sec~ie~-~ SEC. 6-45. SEARCH WARRANTS. If the Executive Director and/or Control Authority has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Board designed to verify compliance with these Rules and Regulations or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Executive Director and/or Control Authority may seek issuance of a search warrant from an appropriate court. 39 DRAFT 6/11/10 ARTICLE VIII. CONFIDENTIALITY OF RECORDS OR OTHER INFORMATION. SEC. 6-46. INFORMATION AVAILABLE TO PUBLIC. Information and data on a User obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from related inspection and sampling activities, shall be available to the public without restriction, unless the User or person furnishing or claiming ownership or control of such information or data specifically requests, and is able to demonstrate to the satisfaction of the Board and/or the Attorney General of the State of Texas, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under the Texas Public Information Act or other applicable law. Ses~iep-8-~ SEC. 6-47. CLAIM OF CONFIDENTIALITY. A person making an assertion of confidentiality must do so at the time the information or data is submitted, as follows: (A) A cover sheet, stamped or typed legend, or other form of written notice shall be placed on or attached to the information, denoting it as "trade secret," "proprietary," or "confidential." (B) If only portions of a document are alleged to be confidential, such portions shall be clearly identified, and may be submitted separately to facilitate handling and identification by the Executive Director or his designated representatives. (C) If the submitter wants the information to remain confidential only to a certain date or until the occurrence of a certain event, this shall also be clearly stated. Ses#+e+~-8-3. SEC. 6-48. AVAILABILITY FOR GOVERNMENTAL AND JUDICIAL USE. All submitted information will be made available promptly upon request to governmental agencies or appropriate judicial or court officers for uses related to the Control Authority's or Board's TPDES permits, programs or pretreatment program, and in enforcement proceedings involving the User or person furnishing the information. . SEC. 6-49. EFFLUENT DATA NOT CONFIDENTIAL. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. 40 DRAFT 6/11/10 ARTICLE IX. PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE. SEC. 6-50. PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE. The Executive Director or Control Authority shall have published annually, in the largest daily newspaper published in the municipality where the POTW is located and/or in the official newspaper(s) of the Board, a list of the Users which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. For purposes of this Section, the term significant noncompliance shall mean: (A) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during asix- month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; (B) Technical Review Criteria (TRC) violations, defined here as those in which thirty- three percent (33%) or more of wastewater measurements taken for each pollutant parameter during asix-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH); (C) Any other discharge violation that the Executive Director f~~ and/or Control Authority believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW or Board personnel or the general public; (D) Any discharge of pollutant(s) that has caused imminent endangerment to the public or to the environment or has resulted in the Executive Director or Control Authority's exercise of its emergency authority to halt or prevent such a discharge; (E) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; (F) Failure to provide within thirty (30) days after the due date, any required reports, such as baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules. (G) Failure to accurately report noncompliance; or (H) Any other violation(s) which the Executive Director and/or Control Authority determines will adversely affect the operation or implementation of the local pretreatment program. 41 DRAFT 6/11/10 ARTICLE X. ADMINISTRATIVE ENFORCEMENT REMEDIES. . SEC. 6-51. NOTICE OF VIOLATION. (A) When the Executive Director finds that any person has violated, or continues to violate, any provision of this Chapter or any wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Executive Director may issue or cause to be issued to such person a written Notice of Violation (NOV). (B) Within the time frame specified in the NOV1 which is usually, but not always, not later than the tenth day after receipt of the notice, the person issued the notice of violation ("violator") shall submit to the Executive Director or his designated representative, as indicated by the notice of violation, an explanation of the violation and a plan for the satisfactory correction and prevention of a reoccurrence of the violation. Such plan shall include specific actions to be taken by the violator. (C) If the violator denies that any violation occurred, or contends that no corrective action is necessary, he shall submit to the Executive Director or his designated representative, as indicated by the notice of violation, no later than the date specified in the NOV, a written explanation of the basis of any such denial or contention. (D) Submission of an explanation and/or plan in no way relieves a person of liability for any violations occurring before or after receipt of the notice of violation. (E) Issuance of a notice of violation shall not be a bar against, nor a prerequisite for, taking any other action against a violator. Ses~+^o~-~ SEC. 6-52. CONSENT ORDER. (A) The Executive Director may enter into a consent order, assurance of voluntary compliance, or similar agreement with any person responsible for a noncompliance with any provision of this Chapter or any permit or lawful order issued hereunder. (B) Such agreement may include specific action to be taken by the violator to correct the noncompliance within a time period specified by the agreement. (C) Such agreements have the same force and effect as compliance orders and shall be judicially enforceable. Ses.~iera-~8-~ SEC. 6-53. SHOW CAUSE HEARING. (A) The Executive Director may order any person or User who has violated or who continues to violate any provision of this Chapter or any wastewater discharge permit or order issued hereunder, or any other applicable pretreatment standard or requirement, to appear before the C#+e~€~Ees+~e 42 DRAFT 6/11/10 O#+eer Executive Director and show cause why a proposed enforcement action should not be taken. (B) Notice of the show cause hearing shall be served on the person or User specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the User show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. If the hearing is rescheduled for any reason, a revised notice shall be served at least three (3) days prior to the rescheduled hearing date. Such notice may be served on any authorized representative of the person or User. (C) A show cause hearing shall not be a bar against, or a prerequisite for, taking any other action against a person or User. Sestrie~--a-A-4-. SEC. 6-54. COMPLIANCE ORDER. (A) When the Chief €xes~t~-per Executive Director finds that any person has violated, or continues to violate, any provision of this Chapter, any permit or lawful order issued hereunder, or any other applicable pretreatment standard or requirement, the Executive Director may issue a compliance order to such person or User, directing it to come into compliance within a specified time limit. If the person or User does not come into compliance within the time provided, the person's/User's sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. (B) Compliance orders may contain other requirements to address noncompliance, including additional management practices and self-monitoring to minimize the amount of pollutants discharged. (C) A Compliance order may not extend the deadline for compliance established by a state or federal standard or requirement. (D) A Compliance order shall not relieve a person or User of liability for any violation, including any continuing violation. (E) A person or User receiving a compliance order may file a written notice of appeal with the Executive Director or his designated representative, as indicated by the compliance order, no later than the tenth day after receipt of the order. Such notice of appeal shall include an explanation as to why the person believes the enforcement action should not be taken. (F) Issuance of a compliance order shall not be a bar against, nor a prerequisite for, taking any other action against a person or User. Sest;ie~---~8-5: SEC. 6-55. CEASE AND DESIST ORDER. (A) Whenever the Executive Director finds that any person or User has violated, or continues to violate, any provision of this Chapter, or any 43 DRAFT 6/11/10 ® wastewater discharge permit or order issued hereunder, or any other applicable pretreatment standard or requirement, or finds that the User's/person's past violations are likely to recur, the Executive Director may issue an order to such person/User directing it to cease and desist all such violations and directing the User to: (1) immediately comply with all requirements; and (2) take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. (B) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against a person or User. Ses~ie~8-6: SEC. 6-56. STOP WORK ORDER. (A) Whenever the Executive Director finds that any person or User who has been issued a construction permit by the Airport Board or who operates or has day-to-day control of a construction site at the Airport has violated, or continues to violate, any provision of this Chapter, or any wastewater discharge permit or order issued there under, the Executive Director may cause a stop work order to be issued to the person or User, to be posted at the construction site or other location specified in the order, ® and to be distributed to all Board departments and divisions whose decisions affect any construction permit or activity at the affected site(s). (B) Unless express written exception is made by the Executive Director, the stop work order shall prohibit any further construction or related activity at the site and shall bar any further inspection or approval by the Board associated with any Board permit or any other Board approval necessary to commence or continue construction or to assume occupancy at the permitted location or site. (C) A person or User receiving a stop work order under this Section may file a written notice of appeal with the Executive Director or the person who authorized issuance of the order, as indicated by the order, no later than the tenth day after receipt of the stop work order. Such notice shall include an explanation as to why the person or User believes the enforcement action should not be taken. (D) Issuance of a stop work order shall not be a bar against, or a prerequisite for, taking any other action against a person or User. Ses~fe~A-~ SEC. 6-57. EMERGENCY SUSPENSION OF WATER UTILITY SERVICE AND/OR ACCESS TO WASTEWATER SYSTEM. (A) The Executive Director may immediately and without hearing suspend a User's Board provided water utility service and/or access to the Airport Wastewater System whenever such suspension is necessary in the 44 DRAFT 6/11/10 opinion of the Executive Director to stop an actual or threatened discharge that reasonably appears to: (1) Present or cause imminent or substantial danger to the environment or to the health or welfare of persons; (2) Present or cause imminent or substantial danger to the POTW; or (3) Cause or threaten to cause pass through or interference with the operation of the POTW. (B) If time permits, the Executive Director should notify the User prior to the suspension. (C) As soon is as practicable after the suspension of the water utility service and/or access to the Airport Wastewater System, the Executive Director shall notify the User of the suspension in person or by certified mail, return receipt requested. Such notice may be provided, but shall not be required, if the User was notified prior to the suspension as provided in Subsection (B) above. (D) (9~ Any User notified of a suspension of its water utility service and/or access to the Airport Wastewater System shall immediately stop or eliminate its contribution. In the event of a User's failure to comply immediately and voluntarily with the suspension order, the Executive Director may take such steps as deemed necessary to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. Such steps may include immediate severance of the User's water service and sewer connection. (E) The User shall not recommence its water utility service and/or discharge to the Airport Wastewater System until the Executive Director so authorizes and: (1) The User presents proof satisfactory to the ~'"~°f ~~°^~ ~*~~~° ^~~~~- Executive Director that the noncompliant discharge has ceased; (2) The User presents proof satisfactory to the Executive Director that the conditions creating the threat of imminent or substantial danger have been eliminated and the period of endangerment has passed; (3) The User pays the Board for all costs incurred by the Board in responding to the discharge or threatened discharge, unless all or part of such payment is waived by the Executive Director; and (4) The User pays the Board for all costs the Board will incur in reinstating services, unless all or part of such payment is waived by the G#ief Executive Director. (F) A User may appeal a suspension under this Section in accordance with the appeal procedures as provided in this Chapter. The remedies provided by this 45 DRAFT 6/11/10 Section are in addition to any other remedies set out in this Chapter. Exercise of this remedy shall not be a bar against nor a prerequisite for, taking other action against a violator. Ses~+e+~-~9-~ SEC. 6-58. NON-EMERGENCY TERMINATION OF WATER UTILITY SERVICE AND/OR ACCESS TO WASTEWATER SYSTEM. (A) A User who violates any of the following conditions is subject to the termination of its Board provided water utility service and/or access to the Airport Wastewater System: (1) Violation of wastewater discharge permit conditions or any lawful order of the Executive Director, including without limitation any order under S8 ARTICLE X; (2) Failure to accurately report the wastewater constituents and characteristics of its discharge; (3) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; (4) Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring, or sampling; or (5) Violation of the pretreatment standards of this Chapter. (B) The User will be notified of the proposed termination of its water utility service and/or access to the Airport Wastewater System and be offered an opportunity to show cause under ~est+er~a-9-~ SEC. 6-53 of this Chapter why the proposed action should not be taken. (C) The User shall not recommence its water utility service and/or discharge to the Airport Wastewater System until the Executive Director so authorizes and: (1) The User presents proof satisfactory to the Executive Director that the noncompliant discharge has ceased; (2) The User presents proof satisfactory to the Executive Director that the conditions creating the threat of imminent or substantial danger have been eliminated and any period of endangerment has passed; (3) The User pays the Board for all costs the Board will incur in reinstating services, unless all or part of such payment is waived by the G#ie# Executive Director. (D) Exercise of this option by the Executive Director shall not be a bar to, or a prerequisite for, taking any other action against the User. 46 DRAFT 6/11/10 Ses~ie~-~~-& SEC. 6-59. ADMINISTRATIVE FINES. (A) The Executive Director shall have the authority to levy one or more administrative fines against a person, User, or permittee who violates any provision of these Rules and Regulations or any wastewater discharge permit or order issued pursuant to this Chapter. (B) Administrative fines under this Chapter shall be established in accordance with, and provided in, the Schedule of Charges as amended. (C) Delinquent or past due fines shall constitute cause for the Executive Director to immediately suspend any wastewater discharge permit or other written authorization of any person/User issued under this Chapter until such fines are paid in full and/or to take any other legal action deemed necessary to recover delinquent or past due fines. ARTICLE XI. JUDICIAL ENFORCEMENT REMEDIES. Ses~ie+~-~~-1`: SEC. 6-60. INJUNCTIVE RELIEF. Whenever the Executive Director finds that a person or User has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit, or an order issued hereunder, or any other pretreatment standard or requirement, the C#~ief Executive Director may petition an appropriate Court through the Board's legal counsel for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by these Rules and Regulations on activities of the person or User. The Executive Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the person or User to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a person or User. Ses~tie~-~--1-~ SEC. 6-61. CIVIL PENALTIES. (A) A person or User who has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the Board for a maximum civil penalty of One Thousand Dollars ($1,000.00) per violation, per day. In the case of a monthly or other long term average discharge limit, penalties shall accrue for each day during the period of the violation. (B) The Board may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement of this Chapter, including sampling and monitoring expenses, and the cost of any actual damages incurred by the Board, including without limitation costs of response, remediation, abatement, or restoration incurred by the Board, as allowed under state or federal laws, or at common law. 47 DRAFT 6/11/10 (C) In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the person's/User's violation, corrective actions by the person or User, the compliance history of the person or User, and any other factor as justice requires. (D) Filing a suit for civil penalties or other remedies shall not be a bar against, or a prerequisite for, taking any other action against a person or User. ~-3: SEC. 6-62. CRIMINAL PROSECUTION. (A) Criminal Offenses (1) A person commits an offense if the person violates, or causes or permits another person to violate, or assists in the commission of a violation of, any applicable provision of this Chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement. (2) A person commits an offense if the person leases, operates, manages, occupies, is in control of, or has a permit to use any facility, premises, or site at the Airport and there occurs a discharge from such location to the POTW and/or Airport Wastewater System in violation of this Chapter, a permit or order issued pursuant to this Chapter, or any pretreatment standards or requirements. (3) A person commits an offense if the person leases, operates, manages, occupies, is in control of, or has a permit to use any facility, premises, or site at the Airport and fails to make any report to the ~"~~f Eye^~ 9##isef Executive Director as required by this Chapter or a permit or order issued pursuant to this Chapter. (4) A person commits an offense if the person introduces or causes to be introduced any substance into the Airport Wastewater System and/or the POTW that causes personal injury or property damage. Prosecution of a person under this subsection (D) shall not be a bar against, or a prerequisite for, any other cause of action for personal injury or property damage available under federal or state law. (5) A person commits an offense if the person makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Chapter or any permit or order issued hereunder, or if the person falsifies; tampers with, or renders inaccurate any monitoring device or method required under this Chapter. (B) Criminal Penalties (1) A person, who violates any provision of this Chapter, or any term or condition of any permit or order issued hereunder, is guilty of a separate 48 DRAFT 6/11/10 offense for each day or portion of a day during which the violation is continued. Each offense is punishable by a fine not to exceed Two Thousand Dollars ($2,000.00) or the maximum allowable by law; provided, however, that where the offense is one for which a penalty is otherwise fixed by state or federal law, such law shall govern, if either is exclusive. (2) A culpable mental state is not required for commission of an offense under this Chapter unless the provision defining the conduct expressly requires a culpable mental state. (3) Prosecution for an offense under this ~e-,~ SEC. 6-62 does not preclude the use of other enforcement remedies or procedures applicable to the person charged with, or the conduct involved in, the offense. eGrTinn~ ~ ~ ARTICLE XII. SUPPLEMENTAL ENFORCEMENT ACTION. SEC. 6-63. PERFORMANCE BONDS. The Executive Director may decline to issue or reissue a wastewater discharge permit to any User who has failed to comply with any provision of this Chapter, a previous wastewater discharge permit, or order issued pursuant to this Chapter, or any other pretreatment standard or requirement, unless such User first files a satisfactory bond, payable to the Board, in a sum not to exceed a value determined by the Executive Director to be necessary to achieve consistent compliance. Ses~iep-~-~ SEC. 6-64. LIABILITY INSURANCE. The Executive Director may decline to issue or reissue a wastewater discharge permit to any User who has failed to comply with any provision of this Chapter, a previous wastewater discharge permit, or order issued pursuant to this Chapter, or any other pretreatment standard or requirement, unless the User first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW and/or Airport Wastewater System caused by its discharge. S€~IAN-~3 ARTICLE XIII. AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS. . SEC. 6-65. UPSET. In an action brought in federal court only: (A) For the purposes of this Section, "Upset" shall have the meaning set forth in Sest+er~-~-4 SEC. 6-4 of this Chapter. (B) An Upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection (C) below are met. 49 DRAFT 6/11/10 (C) A person or User who wishes to establish the affirmative defense of Upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An Upset occurred and the person or User can identify the cause(s) of the Upset; (2) The person's or User's facility, premises, or site was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and (3) The person or User has submitted the following information to the fief Executive Director within twenty-four (24) hours of becoming aware of the Upset (for information provided orally, a written submission containing the following must be provided to the Sk~+ef Executive Director within five (5) days after the oral information was first provided: (a) A description of the indirect discharge and cause of noncompliance; (b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and (c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. (D) In any enforcement proceeding, the person or User seeking to establish the occurrence of an Upset shall have the burden of proof. (E) Users will have the opportunity for a judicial determination on any claim of Upset only in the event an enforcement action is brought for noncompliance with categorical pretreatment standards. (F) Users shall control production of all discharges to the extent necessary tc maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of a User's treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. . SEC. 6-66. ACT OF GOD. In an action brought in municipal or state court only: (A) An event that would otherwise be a violation of this Chapter that is caused solely by an act of God, war, strike, riot, or other catastrophe is not a violation. 50 DRAFT 6/11/10 (B) In any enforcement proceeding, the person or User seeking to establish the `f~ occurrence of an Act of God, war, strike, riot, or other catastrophe shall have the burden of proof. (C) If a person or User against whom enforcement action is sought establishes that the requirements of this Se~ien-1-3-~ SEC. 6-66 are satisfied, the person/User shall control production of all discharges to the extent necessary to maintain compliance with pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. . SEC. 6-67. PROHIBITED DISCHARGE STANDARDS. A person or User shall have an affirmative defense to an enforcement action brought against it for alleged noncompliance with the general prohibitions in S~stie+~-~ SEC. 6-6(A) of this Chapter or any specific prohibition(s) in ~estieaz-;-SEC. 6-6(B)(3), (4), (5), (6), or (7), if the User/person can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference, and that either: (A) A local limit exists for each pollutant discharged and the User/person was in compliance with each limit directly prior to, and during, the pass through or interference; or (B) No local limit exists for the pollutant(s) discharged, but the User's/person's discharge activity directly prior to and during the Pass Through or Interference did not change substantially in nature or constituents from the User's/person's prior discharge when the POTW was regularly in compliance with the POTW's TPDES permit requirements and, in the case of interference, was in compliance with applicable sludge use or disposal requirements. ~~3-4. SEC. 6-68. BYPASS. (A) For the purposes of this Section, "Bypass" shall have the meaning set forth in Sestie~-~-4 SEC. 6-4 of this Chapter. (B) A person or User may allow any Bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (C) through (F) of this Section. (C) If a User knows in advance of the need for a Bypass, it shall submit prior notice to the Executive Director, at least ten (10) days before the date of the Bypass, if possible. (D) A User shall submit oral notice to the Executive Director of an unanticipated Bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time the User becomes aware of the Bypass. A written submission shall also be provided within five (5) days of the time the User becomes aware of the Bypass. The written submission shall contain a description of the Bypass and its cause; the duration of the Bypass, 51 DRAFT 6/11/10 including exact dates and times, and, if the Bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the Bypass. The Executive Director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours, as required above. (E) Bypass is prohibited, and the C~ief~esu+~~~~~ Executive Director may take enforcement action(s) against a person or User for a Bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (2) There were no feasible alternatives to the Bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a Bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The person or User submitted notices as required under subsection (B) of this Section. (F) The Executive Director may approve an anticipated Bypass, after considering its adverse effects, if the Executive Director determines that the Bypass will meet the three conditions listed in paragraph (E)(1) of this Section. ARTICLE XIV. FEES AND CHARGES. Sest;iefl-a-4-1`. SEC. 6-69. FEES AND CHARGES. (A) The Board may adopt reasonable fees for reimbursement of costs, of implementing and operating the Board's and/or the Control Authority's pretreatment program and/or may adopt reasonable charges in connection with the administration and enforcement of these Rules and Regulations. Such fees or charges may be imposed as deemed appropriate or necessary by the Board and may include: (1) Fees for wastewater discharge permit applications, including the cost of processing such applications; (2) Fees for monitoring, inspection, and surveillance procedures, including the cost of collection, sampling, testing, and/or analysis of a User's/person's discharge, and reviewing reports submitted by Users; (3) Fees for reviewing and responding to accidental discharge/slug control plans and procedures, construction applications, tenant alteration applications, or similar applications or activities; 52 DRAFT 6/11/10 (4) Fees for filing appeals; (5) Fees or surcharges for treating abnormal strength wastes or wastewater, including without limitation an industrial surcharge in addition to regular water and sewer rates that may be imposed upon any User(s) responsible for industrial waste(s) whose admission into the POTW has been approved by the Executive Director; (6) Fees incurred by the Board and/or Control Authority in connection with an upset, bypass, or unauthorized discharge; (7) Additional costs incurred by the Board and/or Control Authority in transporting or treating wastes or wastewater; (8) Costs associated with disconnection/reconnection of a User's/person's water utility service and/or access to the Airport Wastewater System resulting from that User's/person's noncompliance with these Rules and Regulations; (9) Fees and costs incurred by the Board and/or Executive Director in pursuing any enforcement action resulting from a User's/person's noncompliance with these Rules and Regulations or any order or permit issued hereunder; (10) Other fees as the Board and/or Executive Director may deem necessary to carry out the requirements contained in these Rules and Regulations. (B) Fees or charges under this Chapter shall be set out in the Board's Schedule of Charges and shall be paid in a manner prescribed by the Executive Director. The fees provided for in this Chapter relate solely to the matters covered by these Rules and Regulations and are separate from all other fees, fines, and penalties chargeable by the Board. No refund of fees collected pursuant to this Chapter shall be made. Ses~iefl-~4-~. SEC. 6-70. INDUSTRIAL SURCHARGE. (A) The Board may charge Users an industrial surcharge for the treating of abnormal strength wastes. Water or wastes having (1) a five-day biochemical oxygen demand greater than two hundred fifty (250) parts per million (ppm) by weight or (2) containing more than two hundred fifty (250) parts per million by weight of total suspended solids shall be subject to the review and approval of the Executive Director. Where the r"~°f ~~°^~ ~+~~•^ 9#f+~ Executive Director has approved the admission of items (1) or (2) above into the Airport Wastewater System and/or the POTW, that discharge may be subject to a surcharge as determined by the F~#+e# 53 DRAFT 6/11/10 Executive Director. In no case shall a discharge be accepted that will prevent the POTW from meeting its permitted limits. (B) Any surcharge under this Chapter may be assessed for any month(s) according to a formula set out in the Schedule of Charges. Imposition of a surcharge shall not constitute a variance to the requirements of these Rules and Regulations nor serve as a bar to, or a prerequisite for, taking any other action against the User. ARTICLE XV. MISCELLANEOUS PROVISIONS. Se~~ie~-~ SEC. 6-71. APPEALS. (A) If the ~"~°f ~~°^~ ~+~~~° ^+~~^°~ Executive Director denies issuance or renewal of a wastewater discharge permit or suspends or revokes a wastewater discharge permit as provided in ~estie+~-~ ARTICLE V of this Chapter, or issues a compliance order or other order as provided in Sect+sn-~8 ARTICLE X of this Chapter, the action is final unless, within ten days from the date of receiving the written notice of the action, the affected applicant or User files an appeal, in writing, with the Executive Director specifying the reasons for the appeal. (B) The Executive Director shall establish an appeal and hearing procedure that will give the appealing party an opportunity to present evidence and make argument. The formal rules of evidence do not apply to an appeal hearing under this Section, and the ruling shall be based on a preponderance of evidence presented at the hearing. (C) The decision rendered through the Board's appeal and hearing procedure is final. (D) The effect of a compliance order, stop work order, or cease and desist order shall be stayed pending the Executive Director's any appeal and decision thereon, unless the Executive Director expressly makes a written determination to the contrary. The effect of an emergency suspension of water utility service and/or wastewater system access under Se6tiea-l8-~ SEC. 6-57 shall not be stayed pending the ~'"~°{ ~~°^~~+~~~° O#+ser's Executive Director decision following any appeal hearing, unless the Executive Director expressly and in writing stays the emergency order. Ses~ie+~-~5-~ SEC. 6-72. EFFECTIVE DATE. These Rules and Regulations shall be in full force and effect immediately following their passage, approval, and publication, as provided by law. 54 DRAFT 6/9/10 Chapter 7 Contract Funding Rules and Regulations Sec.7-1. Purpose. Sec. 7-2. Effective Date and Duration. Sec.7-3. Scope. Sec. 7-4. Administration of Rules and Regulations. Sec. 7-5. Contracts Funded Entirelv from Operating Revenues. Sec. 7-6. Contracts Funded Entirelv from the Proceeds of Joint Revenue Bonds. Sec. 7-7. Contracts Funded Partly with Joint Revenue Bonds or Operating Funds and Partly with Funds of a Tenant. Sec. 7-8. Board Contract Funded Entirelv by Tenant. Sec. 7-9. Tenant Contractors. ~~,. ~~°'~~~ se~s~+e~'r SEC. 7-1. PURPOSE. ~ Under the provisions of section 103(n)(7) of the Internal Revenue Code of 1954, as amended (the "Code"), and section 1.103(n)-2T of the Temporary Regulations (the "Temporary Regulations"), it is possible that the Joint Revenue Bonds of the Board may be required to be included with the State Private Activity Bond Volume Limitations provided by the Code, as interpreted by the Temporary Regulations. Such determination is or may be influenced by the source and use of funding of construction contracts at the Airport, some of which funding is provided by the Board through the issuance of Joint Revenue Bonds or Special Facility Revenue Bonds. While the Board can and intends to continue to control the purposes for which it issues Joint Revenue Bonds and Special Facility Bonds and to control the expenditures of funds from those sources, it has no control over the funding of a tenant's share of any contract payments obtained from other sources. ~ It is the purpose of these Rules and Regulations to establish rules upon the basis of which the Board will let contracts and will permit construction at the Airport by contractors not under contract directly with the Board, and to provide procedures by which contracts, funded by sources outside the Board's control, will be permitted, all for the purpose of making certain the Board's Joint Revenue Bonds remain outside the State Private Activity Bond Volume Limitations provided by the Code and the Temporary Regulations. DRAFT 6/9/10 Ses#~e~-~: SEC. 7-2. EFFECTIVE DATE AND DURATION. The effective date of these rules and regulations is December 3, 1985, the date of their adoption, and they shall remain in effect until modified or rescinded by the Board. The Board expresses its intent to modify or rescind these rules and regulations at such time as it has determined that relevant provisions of section 103(n)(7) of the Code, as interpreted by the Temporary Regulations, has been changed, altered, interpreted or applied in a manner that will permit the use of funds obtained by tenants from tax exempt sources in the payment of contracts for Airport improvements without causing the Joint Revenue Bonds of the Board to be included within the State Private Activity Bond Volume Limitations provided by section 103(n)(7) of the Code. Ses~ie~-~:-SEC. 7-3. SCOPE. These Rules and Regulations are in addition to and not in lieu of any other rule, regulation, policy, law or contract provision relating to procurement activities of the Board. Sest<ie~4. SEC. 7-4. ADMINISTRATION OF RULES AND REGULATIONS. These Rules and Regulations shall be administered, under the direction of the Executive Director, by all employees of the Board. The Executive Director, with the advice of the Board's Legal Counsel and the Board's Bond Counsel for Joint Revenue Bond financing, is authorized to develop policies, procedures and practices consistent herewith. Such policies, procedures and practices shall be binding upon all employees, tenants and contractors doing business at or on the Airport. Sess:ie~~: SEC. 7-5. CONTRACTS FUNDED ENTIRELY FROM OPERATING REVENUES. Any Board contract for improvements or additions to the Airport may be let by the Board in accordance with established procurement requirements without further inquiry as to the source of funding, and may relate to the improvement or extension of any properties comprising a part of the Airport. ~~eslrie~-6 SEC. 7-6. CONTRACTS FUNDED ENTIRELY FROM THE PROCEEDS OF JOINT REVENUE BONDS. t- ~ Subject to the limitation contained in subsection {-~} ~ of this section, any Board contract for improvements or additions to the Airport which is to be funded from the proceeds of Joint Revenue Bonds may be let in accordance with established procurement requirements without further inquiry as to the source of funding. f4. ~ A Board contract to be funded entirely from the proceeds of Joint Revenue Bonds may not be let for the purpose of improving or adding to any part of any Airport facility which was provided with the proceeds of obligations, the interest on which was exempt from federal income taxes, other than Joint Revenue Bonds, issued before October 5, 1984, unless: A~ the facility being improved, expanded or extended, in the opinion of General Counsel, can be disregarded under one of the three exceptions to the Airport bond "contamination rules" contained in Section 1.103(n)- ~, ~ 2T-Q9-A9 of the Temporary Regulations; or DRAFT 6/9/10 ~~ the user of the facilities being improved, expanded or extended, has made or makes a timely and effective election not to take an investment tax credit or depreciation with respect to the prior facilities and the facilities being financed with the proceeds of the Joint Revenue Bonds, in a form and substance approved by the Board's Legal Counsel. Ses~ie~-~: SEC. 7-7. CONTRACTS FUNDED PARTLY WITH JOINT REVENUE BONDS OR OPERATING FUNDS AND PARTLY WITH FUNDS OF A TENANT. f(a) Board contracts otherwise acceptable under established Board procurement procedures and to be funded in part by the proceeds of the Joint Revenue Bonds or Airport operating funds and in part with funds provided by a tenant may be let upon the conditions contained in this section. ~~ Prior to the letting of a contract or executing a change order with respect to such contract, the tenant must file an affidavit describing the source of funding of its share of contract costs. Such affidavit, to be in form and substance satisfactory to the Board's Legal Counsel, shall specifically contain, disclose, verify and warrant the accuracy of the following information: A.~, the precise source from which the tenant obtained or expects to obtain its share of funds, such as, tenant's operating revenues, bank loans, stock offerings, sale of debt securities or other sources; and -1~.~, a listing of all issues of tax-exempt private activity bonds to which it is a party and the proceeds of which are subject to its direction or influence, and the location where the proceeds, if any, are on deposit, along with the name and principal officer of the custodian or trustee holding such funds. Based upon the information contained in such affidavit, the Board's Legal Counsel may, but shall not be required to, request and obtain additional information. A contract shall not be presented for approval by the Executive Director or the Board, as appropriate until such additional information has been supplied. Additionally, the Board's Legal Counsel may, but is not obligated to, require the tenant to provide the following: ~~ the third-party verification, such as by a trustee or custodian holding funds derived from tax-exempt financing, or a bank or banker or other party or source providing the tenant's funding, which confirms that, as appropriate, the funds designated for use in paying the tenant's share of contract payments are derived from the source state, or that the third party will not permit the withdrawal of funds held in its custody for the purpose of making improvements at the Airport or will make such payments directly to the Board and will not permit a reimbursement of the tenant from the funds held by it for a purpose not permitted by these Rules and Regulations as specified to it by the Board's Legal Counsel; and 3 DRAFT 6/9/10 ~~ in the appropriate case, an election of the type described in sest+et~ 6(~}(~ SEC. 7-6(b)(2)has been made. C.~ prior to the issuance of any order to proceed on any contract funded by the combined sources described in this Rule, the tenant and the Executive Director shall have executed and delivered a Special Depository Agreement, substantially in the form attached hereto (with such modifications as may be approved by the Board's Legal Counsel), and the tenant shall have complied with the requirements thereof. Sell:+e+3-~: SEC. 7-8. BOARD CONTRACT FUNDED ENTIRELY BY TENANT. t~ Contracts otherwise acceptable under established Board procurement procedures and to be funded entirely by or on behalf of a tenant may be let by the Board if the procedures prescribed in se SEC. 7-7(b) are also followed. ~~ Prior to issuing an order to proceed under the contract, the Board and the tenant shall execute a Special Depository Contract substantially in the form attached hereto and the tenant shall have complied therewith. Ses~ie~& SEC. 7-9. TENANT CONTRACTORS. t~ No Airport tenant may authorize or direct another, on its behalf, to commence work on the Airport for any improvement or addition to the Airport without first giving the Board's Legal Counsel the information and, if reasonably deemed necessary by :y,_.. °'~`~ the Board's Legal Counsel to protect the tax-free status of Airport Bonds, the verification and/or the election required in SEC. 7-6(b)(2) hereof. III No Airport tenant and no agent or contractor of an Airport tenant may commence work on the Airport on any improvement or addition to the Airport without first obtaining a permit from the Executive Director. ~(c) The permit required in subsection ~4 (b) shall be issued only if the tenant performing, contracting for or authorizing the on-Airport work has given the Board's Legal Counsel the information and, if reasonably deemed necessary by the Board's Legal Counsel to protect the tax-free status of Airport Bonds, the verification and/or election required in SEC. 7-7(b) hereof. 4 DRAFT 7/14/10 Chapter 8 Commercial Activities ARTICLE I. GENERAL COMMERCIAL ACTIVITIES. Sec.8-1. Soliciting. Sec.8-2. Advertising. Sec. 8-3. Commercial Photography and Moving Picture Production. Sec. 8-4. News Racks. ARTICLE II. FOOD ESTABLISHMENTS. Sec. 8-10. Food Protection and Sanitation. Sec. 8-11. Designation of Health Authority. Sec. 8-12. State Regulations Adopted. Sec.8-13. Definitions. Sec. 8-14. Food Permits. Sec. 8-15. Inspections. Sec. 8-16. Food Manager Certification. Sec. 8-17. O tp ions. ARTICLE III. POOLS AND SPAS. Sec. 8-20. Public Swimming Pool and Spa Permit Program Inspections Intent. Sec. 8-21. Designation of Health Authority. Sec. 8-22. State Regulations Adopted. Sec.8-23. Definitions. Sec. 8-24. Public Swimming Pool and Spa Permits. Sec. 8-25. Inspections. 1 DRAFT 7/14/10 Sec. 8-26. Public Pool/Spa Manager Certification. ARTICLE I. GENERAL COMMERCIAL ACTIVITIES. S~es~ie~-~ SEC. 8-1. SOLICITING. ~: ~ A person commits an offense if he solicits funds or anything of value for any purpose at the Airport without a permit from the Airport Board except as provided in $ec-lien--4-e€ E~apte~3 Chapter 3. ARTICLES (() and IV of the Code and, to the extent of any operations outside the Airport boundaries, without a permit from any city in or through which such operations are conducted if such operations are lawfully regulated by such city. ~}- (b~ A person commits an offense if he sells or offers for sale any article or merchandise on the Airport without a permit, concession, or franchise from the Airport Board. fl-1- ~ A person commits an offense if he solicits any business or trade, including transportation of persons or baggage for hire on the Airport without a permit, concession or franchise from the Airport Board and, to the extent of any operations outside the Airport boundaries, without a license, permit or franchise from any city through which said business or trade is conducted if lawfully regulated by the ordinances of any such city. (d~ It shall be unlawful for a parking company, off-airport parking company, off-airport valet parking company, or a service related to the storing or staging of vehicles, to transport or offer to transport its customers or its customers' vehicles within the boundaries of the Airport without a permit, concession~or franchise from the Airport Board. S°^*~=. SEC. 8-2. ADVERTISING. A person commits an offense if he posts, distributes or displays any signs, advertisements, handbill, circular or printed or written matter of a commercial nature at the Airport without a concession or permit granted by the Executive Director. Sess:iew-~ SEC. 8-3. COMMERCIAL PHOTOGRAPHY AND MOVING PICTURE PRODUCTION_ ~: ~ ~~ ~~ A+r-perf-1~eard- A person commits an offense if, he takes still or motion pictures for commercial use or public exhibition publication or display on any portion of the Airport grounds without a permit. (b) A person commits an offense if he produces any motion picture television pro ram or commercial advertisement on andportion of the Airport grounds without a permit ~N~ ep rmits are needed for the taking of still or motion pictures or videotaping bY_ (1) Airport users forpersonal non-commercial purposes or DRAFT 7/14/10 F. (2) news media in covering news events or filming documentaryproductions at the A~rport• a-1- ~e~E-13eat~ An application shall be submitted to the Executive Director at least free-{3-) five 5 business days in advance of the first day sought for photographic or other similar production, and shall include the following: the full name and street address of the applicant; the full name and street address of the organization sponsoring, conducting, or promoting the production; E- ~ whether the producing organization is a branch or division of a national organization and, if so, the name and street address thereof; if the producing organization is a Texas corporation, a copy of its Corporate Charter, as amended, shall be furnished; if it is a foreign corporation, a copy of its Authorized Certificate to do business in the State of Texas shall accompany the application; the purpose of the production; (~ the date or dates and hours of the production; Fr. (~ the location(s) proposed for such production; and #: ~ the total number and size of production equipment required for the production and total number of personnel. ~ The permit will be issued within three (3) business days of receipt of the application; however, the permit application may be denied or a permit granted hereunder revoked if one or more of the statements in the application is found to be untrue. Time, location and manner: When permits are granted, the following rules and standards will apply: (~ location: Permittees shall be escorted by Airport Board Personnel at all times and shall only be permitted to conduct the permitted activity in those locations specified in the permit. Permits will be issued for a period of not more than thirty (30) days. (~ manner of operation: (~ a person may not engage in such production unless he carries such permit granted under this section at all times while conducting production activities. 3 DRAFT 7/14/10 (~ a person conducting production activities hereunder shall, in that connection, obey all applicable state and federal laws and all applicable Rules and Regulations of the Dallas/Fort Worth International Airport Board. Unless specified in the permit. Permittees will not be permitted to conduct the activity for which the permit is issued ~ ~ in Airport roadways, ~ ~ inside airline gate departure lounges, e-~ ~ in areas restricted to airline or Airport personnel, ~ ~ in restrooms, e~ ~ in premises leased to a concessionaire, #~ ~f in stairwells, staircases, elevators or escalators, g~ ~ in baggage claim areas, or #~ ~ in any area temporarily or permanently restricted for conducting or promoting the production. Sesllie+~-4. SEC. 8-4. NEWSRACKS. A person commits an offense if he sells or distributes any publication on the Airport premises by means of newspaper stand, racks or other similar devices, except by franchise, concession or permit granted by the Executive Director. ARTICLE II. FOOD ESTABLISHMENTS. Ses~ie~~ SEC. 8-10. FOOD PROTECTION AND SANITATION. This section is intended to provide for the sale of only sound, properly labeled food; to establish sanitary standards for food protection and service by adopting by reference the Texas Board of Health's "Texas Food Establishment Rules" by requiring a permit for operation of food establishments and by requiring food service manager certification in food sanitation from a designated health authority. Ses~ier~ SEC. 8-11. DESIGNATION OF HEALTH AUTHORITY. The Airport Board shall by resolution designate from time to time a health authority for the purpose of ensuring minimum standards of environmental health and sanitation within the scope of that department's function. Ses~ie~-~- SEC. 8-12. STATE REGULATIONS ADOPTED. ~ The following statutory provisions are hereby adopted by reference: Texas Board of Health~s ""1-exas Food Establishment Rules" 25 TAC sections ??9.161-??9.171, ??9.173- ~~9.175; Health and Safety Code, Chapter 431- "Texas Foud, Drug and Cosmetic Act"; and 4 DRAFT 7/14/10 Health and Safety Code Chapter 341-"Minimum Standards of Sanitation and Health Protection." ~: fib,) A certified copy of each rule manual (above) shall be kept on file in the office of the Director of Airport Concessions. SEC. 8-13. DEFINITIONS. All definitions in the "Texas Food Establishment Rules" are hereby incorporated by reference. In addition the following definitions shall be understood. I:-HEALTH AUTHORITY or REGULATORY AUTHORITY shall be understood to mean the representatives of any health department or health agency designated by the Airport Board to enforce the provisions herein by resolution of the Airport Board. I•I:SERVICE OF NOTICE shall mean a notice provided for in these rules is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. I~OWNERSHIP OF BUSINESS shall mean the owner or operator of the business. Each new business owner or operator shall comply with these Rules and Regulations. IVFOOD ESTABLISHMENT shall mean all places where food or drink are stored, sold, commercially prepared, or otherwise handled, whether offered for sale, given in exchange, or given away for use as r;;;c::~ food or furnished for human consumption. The location of commercially packaged single portion non- potentially hazardous snack items and wrapped candy sold over the counter, or by vending machine, is excluded. Sec~t~et~-& SEC. 8-14. FOOD PERMITS. ~- ~ Requirement: A person commits an offense if he operates a food establishment at the Airport without possessing a current and valid health permit issued by the health authority designated by resolution of the Airport Board. I~: ~ Posting: A valid permit shall be posted in public view in a conspicuous place at the food establishment for which it is issued. fN-: (c~ Non-transference (Change of ownership): Permits issued under the provisions of this article are not transferable. Upon change of ownership of a business the new business owner will be required to meet current standards as defined herein and State law before a permit will be issued. Multiple permits: A separate permit shall be required for every type food establishment and temporary food establishment whether situated in the same building or at a separate location. Except that: A: ~ lounge operations located in the same building operating under the same liquor license will not require a separate permit unless potentially hazardous food is being served; and 5 DRAFT 7/14/10 ~: (~ establishments with minimal food handling involving limited preparation of potentially hazardous food (such as a snack bar) and under common ownership may be grouped under one permit. All establishments with extensive food handling and/or open potentially hazardous foods will be required to have a separate permit. ~ Suspension of permit: The health authority may suspend any permit to operate a food establishment if the operation of the establishment does not comply with the requirements of these Rules and Regulations, State laws, or the operation of the food establishment otherwise constitutes an imminent health hazard. Before a permit is suspended, the holder of the permit or the person in charge, shall be notified in writing that their permit may be suspended and that they are entitled to a hearing, if a request for hearing is made in writing to the authority within ten (1 O) days from the date the notice of suspension is received. If no written request for hearing is filed within ten (10) days, the permit will be suspended. The health authority may end the suspension any time if reasons for suspension no longer exist. When a permit is suspended, food service operations shall immediately cease. ~: f~ Revocation of permit: The health authority may, after providing notice and an opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the health authority in the performance of its duties. Prior to revocation, the health authority shall notify the holder of the permit or the person in charge, in writing of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of ten (10) days following service of such notice unless a written request for a hearing is filed with the health authority by the holder of the permit within the ten (10) day period. If no written request for hearing is filed within the ten (] 0) days, revocation will be final. ~ Service of notices: Notices shall be served in accordance with tie-ses~ie~r8-N-I-~ SEC. 8- 13, definition of "service of notice", above. A copy of the notice shall be filed in the records of the health authority and in the office of the Director of Airport Concessions, or to such other person as may be designated by the Airport Board. "-~-ri;- ~ Hearings: The hearings provided for in these rules shall be conducted by the health authority at a time and place designated by it. Based upon the recorded evidence of such hearings, the health authority shall make a final finding, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the office of the Director of Airport Concessions and the holder of the permit, license, or certificate. (i~ Right of appeal: Any permit holder who wishes to dispute the decision of a hearing may appeal the decision to the director of the health authority issuing the order being appealed. (j~ Application after revocation: When a revocation of a permit has become final, the holder of the revoked permit may make written application to the health authority for a new permit. ~: (k) Permit fees: Health permit fees, as established by the health authority, are due and payable directly to the health authority in the amounts and at the times specified by the health authority. DRAFT 7/14/10 Sesl;iefl-~~: SEC. 8-15. INSPECTIONS. ~ Pre-operational inspection: The health authority shall inspect any food establishment prior to its beginning operation to determine compliance with these rules. 1-1:- ~ On-going operations: The health authority shall be entitled to inspect any food establishment at any time without prior notice in order to determine compliance with these rules. S~esl;ie~--1-'I-: SEC. 8-16. FOOD MANAGER CERTIFICATION. ;}- ~ Requirements: A person commits an offense if he operates a food establishment at the Airport without a manager, or person in charge, who possesses a valid and current food manager's certificate, or equivalent, approved by the health authority designated by resolution of the Airport Board. A certified manager, or person in charge, must be on duty during all hours of operation of any nonexempt food service establishment employing six (6) or more employees; provided that, only one certified manager, or person in charge, shall be required to be on duty during all hours of operation in each terminal building for food establishments under common ownership and operation. Only one certified manager, or person in charge, shall be required to be on duty during all hours of operation at each hotel. 1-1- ~ Manager's certification: Upon written application and presentation of evidence of satisfactory completion of a food manager's course, equivalent training or examination as approved by the health authority, the health authority shall issue a food manager's certificate valid for three (3) years from the date of training or evaluation unless sooner revoked. Suspension or revocation of an establishment's health permit by the health authority shall constitute cause for revocation of that manager's certification. Whenever the food service operator holding the manager's certificate terminates employment, is terminated, or is transferred to another food establishment, the person owning, operating or managing the food establishment shall be allowed sixty (60) days from the date of termination or transfer of the certificate holder, to comply with this section. ~ Exemptions from certificate requirement: Temporary food establishments and persons participating as volunteer food handlers performing charitable activities for periods of fourteen (14) days or less may be exempted from the requirement for manager's certificate. Exemptions are within the discretion of the health authority. Ses~ie~-~~: SEC. 8-17. OPTIONS. Notwithstanding the provisions of seEt~-~-~}-V~ SEC. 8-14(d) and ~,-~io~ '„-rl-(~ SEC. 8-16(a), which provide for grouping of food establishments under one permit, and one certified manager for food establishments under common ownership and operation, each business owner shall have the option to waive the grouping provisions and obtain one permit for each food establishment or temporary food establishment, and/or to maintain one certified manager, or person in charge, for each food establishment location. 7 DRAFT 7/14/10 ARTICLE III. POOLS AND SPAS. Sest+e~4. SEC. 8-20. PUBLIC SWIMMING POOL AND SPA PERMIT PROGRAM INSPECTIONS INTENT_ This section is intended to provide for pool safety and sanitation and to establish sanitary standards for public swimming pools and spas by adopting by reference the Texas Minimum Standards of Sanitation and Health Protection Measures and Design Standards for Public Swimming Pool Construction by requiring a permit for operation of public swimming pools and/or public spas. Sestie+~-1~: SEC. 8-21. DESIGNATION OF HEALTH AUTHORITY. The Airport Board shall by resolution designate from time to time a health authority for the purpose of ensuring minimum standards of environmental health and sanitation within the scope of that department's function. Se~ctie~: SEC. 8-22. STATE REGULATIONS ADOPTED. ~: ~ The following statutory provisions are hereby adopted by reference: Texas Department of Health Minimum Standards of Sanitation and Health Protection Measures, Chapter 341, Subchapter D, Section 341.064 and Design Standards for Public Swimming Pool Construction, 25 TAC, Chapter 337, Section 337.71 through 337.96. ® ~-1- ~ A certified copy of each rule manual (above) shall be kept on file in the office of the Director of Airport Real Estate. SeG1ie~~ SEC. 8-23. DEFINITIONS. All definitions in the Texas Minimum Standards and Health Protection Measures and Design Standards for Public Swimming Pool Construction are hereby incorporated by reference. In addition the following definitions shall be understood. 1•:Health Authority or REGULATORY AUTHORITY shall be understood to mean the representatives of any health department or health agency designated by the Airport Board to enforce the provisions herein by resolution of the Airport Board. 1~:-SERVICE OF NOTICE provided for in these rules is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. I~OWNERSHIP OF BUSINESS shall mean the owner or operator of the business. Each new business owner or operator shall comply with these Rules and Regulations. I~PUBLIC SWIMMING POOL shall mean an artificial body of water, including a spa, maintained expressly for public recreational purposes, swimming and similar aquatic sports or therapeutic purposes. • 8 DRAFT 7/14/10 Ses~iefl-~~: SEC. 8-24. PUBLIC SWIMMING POOL AND SPA PERMITS. ~: ~ Requirement: A person commits an offense if he operates a public swimming pool and/or public spa at the Airport without possessing a current and valid health permit issued by the health authority designated by resolution of the Airport Board. B- ~ Posting: A valid permit shall be posted in public view in a conspicuous place at the public swimming pool and/or public spa. ~ Non-transference (Change of ownership): Permits issued under the provisions of this article are not transferable. Upon change of ownership of a business the new business owner will be required to meet current standards as defined herein and State law before a permit will be issued. I~ ~ Separate permits: A separate permit shall be required for every public swimming pool and/or public spa, whether situated in the same building or at a separate location. ~I- ~ Suspension of permit: The health authority may suspend any permit to operate a public swimming pool and/or public spa if the operation of the establishment does not comply with the requirements of these Rules and Regulations, State laws or the operation of the establishment otherwise constitutes an imminent health hazard. Before a permit is suspended, the holder of the permit or the person in charge, shall be notified in writing that their permit may be suspended and that they are entitled to a hearing if a request for hearing is made in writing to the authority within ten (] 0) days from the date the notice of suspension is received. If no written request for hearing is filed within ten (]0) days, the permit will be suspended. The health authority may end the suspension any time if reasons for suspension no longer exist. When a permit is suspended, use of the public swimming pool and/or public spa shall immediately cease. i~ Revocation of permit: The health authority may, after providing notice and an opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the health authority in the performance of its duties. Prior to revocation, the health authority shall notify the holder of the permit or the person in charge, in writing of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of ten (]0) days following service of such notice unless a written request for a hearing is filed with the health authority by the holder of the permit within the ten (] 0) day period. [f no written request for hearing is filed within the ten (] 0) days, revocation will be final. I~ ~ Service of Notices: Notices shall be served in accordance with *'~° °°°~~°•~ ' """` ,SEC. 8-23 definition of "service of notice", above. A copy of the notice shall be filed in the records of the health authority and in the office of the Director of Airport Real Estate, or to such other person as may be designated by the Airport Board. ~: ~ Hearings: The hearings provided for in these rules shall be conducted by the health authority at a time and place designated by it. Based upon the recorded evidence of such hearings, the health authority shall make a final finding, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the office of the Director of Airport Real Estate and the holder of the permit, license, or certificate. 9 DRAFT 7/14/10 Right of appeal: Any permit holder who wishes to dispute the decision of a hearing may appeal the decision to the director of the health authority issuing the order being appealed. ~: ~ Application after revocation: When a revocation of a permit has become final, the holder of the revoked permit may make written application to the health authority for a new permit. ~i-I-1- ~ Permit fees: Health permit fees, as established by the health authority, are due and payable directly to the health authority in the amounts and at the times specified by the health authority. Ses~ie~>3: SEC. 8-25. INSPECTIONS. ,t- ~ Pre-operational inspection: The health authority shall inspect any public swimming pool and/or public spa prior to its beginning operation to determine compliance with these rules. ~-1- ~ On-going operations: The health authority shall be entitled to inspect any public swimming pool and/or public spa at any time without prior notice in order to determine compliance with these rules. Sesllie~~ SEC. 8-26. PUBLIC POOL/SPA MANAGER CERTIFICATION. ~- ~ Requirement: A person commits an offense if he operates a public swimming pool and/or spa at the Airport without a manager or person in charge, who possesses a valid and current pool/spa manager's certificate or equivalent, approved by the health authority designated by _`~~ resolution of the Airport Board. Pool and/or spa managers shall have at least one certified pool manager employed to maintain the pools/spas per location. ~-1- ~ Manager's certification: Upon written application and presentation of evidence of satisfactory completion of a pool/spa manager's course, equivalent training or examination as approved by the health authority, the health authority shall issue apool/spa manager's certificate valid for one (1) year from the date of training or evaluation unless sooner revoked. Suspension or revocation of an establishment's health permit by the health authority shall constitute cause for revocation of that manager's certification. Whenever the public pool/spa manager holding the certificate terminates employment or is terminated or transferred, the business shall be allowed sixty (60) days from this termination or transfer date to provide a new certificate holder. l~ ~ This requirement is applicable even if pool maintenance operations are contracted to an outside company. 10 DRAFT 7/14/10 DRAFT 7/14/10 ~'' Pfevis~ief-s DRAFT 7/14/10 CHAPTER 9 AIRPORT SECURITY ARTICLE I. IN GENERAL. Sec. 9-1. Airport Security. Sec.9-2. Definitions. ARTICLE II. SECURITY VIOLATIONS. Sec. 9-10. Unattended Items. Sec. 9-11. Emergency Exits. Sec. 9-12. Bypass Security Screening Process. Sec. 9-13. Violation of Restricted Area. Sec. 9-14. General Violation. ARTICLE III. ® ACCESS VIOLATIONS. Sec. 9-20. Obedience to Signs. Sec. 9-21. Entrance Using SIDA Badge. Sec. 9-22. Display of Badge. Sec. 9-23. Falsification of Badge Application. Sec. 9-24. Failure to Challenge. Sec. 9-25. Failure to Report Security Violation. Sec. 9-26. Unauthorized Use of Access Media. Sec. 9-27. Prohibited Items. Sec. 9-28. AOA Access. Sec. 9-29. Escorting by a Badge Holder. Sec. 9-30. Obtain an Unauthorized Escort. Sec. 9-31. Tampering with Security Device. Sec. 9-32. Fail to Prevent Unauthorized Access. Sec. 9-33. Badge Control. 3 DRAFT 7/14/10 ARTICLE I. IN GENERAL. SEC. 9-1. AIRPORT SECURITY. Security regulations set forth in this Chapter are established to maintain the safety and security of aviation activities at the DFW International Airport. The Airport Security Coordinator and his designees work with the Transportation Security Administration (TSA) to ensure security measures meet or exceed the standards set forth in federal regulations. SEC.9-2. DEFINITIONS. ACCESS MEDIA shall mean an Airport issued identification media that is used to gain access to the AOA sterile area, secured area, or a restricted area. AIR OPERATIONS AREA or "AOA" shall mean the area of the Dallas-Fort Worth International Airport bounded by a fence or to which access is otherwise restricted and which is primarily used or intended to be used for landing, taking-off or surface maneuvering of aircraft. The AOA does not include those leasehold areas within or having direct access to the AOA which are subject to security requirements imposed on the lessee or tenant under appropriate federal regulations or agreement incorporated in a signed lease. AIRPORT SECURITY COORDINATOR (ASC) shall mean Airport's primary contact for security-related activities and communications with the Transportation Security Administration (TSA) and Airport tenants. AIRPORT SECURITY PROGRAM shall mean the TSA approved airport operator's manual aovernina security related activities, communications and procedures. AOA PERMIT shall mean an Airport issued 1) decal with a valid expiration date that is issued to and affixed on a vehicle; or 2) a placard with a valid expiration date, that is issued to and displayed on a vehicle. The owner of the vehicle must satisfy requirements established by the Airport. AUTOMATED ACCESS CONTROL SYSTEM (AACS) shall mean the system used by the Dallas-Fort Worth International Airport to restrict entry into specific areas of the Airport through the use of an Airport issued identification media. EMPLOYEE PORTAL shall mean a secured area access point controlled by the Airport restricted to use by authorized identification media holders. IDENTIFICATION MEDIA or "BADGE" shall mean any credential, card, badge, or other media issued by the Airport for identification purposes and use at the Airport. IDENTIFICATION MEDIA HOLDER or "BADGE HOLDER" shall mean an individual who has been issued a Badge by the Airport in accordance with the DFW Airport Security Program. NON-SIDA BADGE shall mean an identification media issued by DFW Airport to an individual permitting unescorted access in the sterile area. NOTICE shall mean oral or written communication, but does not include audio recorded messages. DRAFT 7/14/10 `y PERSONAL ESCORT shall mean to accompany and monitor the activities of an individual who does not have unescorted access authority into or within a sterile area, secured area, restricted area, or SIDA. RESTRICTED AREA shall mean any area locked or posted by the Airport to either prohibit or limit entry or access to specific authorized persons. SECURED AREA shall mean a portion of the Airport, specified in the Airport Security Program in which certain security measures specified in 49 CFR Part 1542 are carried out. The AOA or "Ramp" and adjacent baggage processing areas are secured areas. SECURITY IDENTIFICATION DISPLAY AREA (SIDA) shall mean a portion of the Airport specified in the Airport Security Program, in which security measures specified in 49 CFR part 1540 are carried out. The SIDA includes the secured area and AOA. SIDA BADGE shall mean an identification media issued to an individual by DFW Airport that is evidence of authorization for unescorted access to the SIDA. SPONSORING AUTHORITY shall mean a person authorized to approve a Badge media application for an individual who requires unescorted access into secured areas or the SIDA. STERILE AREA shall mean the portion of an airport terminal accessible to the travelling public that is controlled through the screening of persons and property and provides passengers access to boarding aircraft. VEHICLE ESCORT shall mean to accompany and monitor the activities of a vehicle that ~~ does not have unescorted access authority into or within a secured area or SIDA. ARTICLE II. SECURITY VIOLATIONS. SEC. 9-10. UNATTENDED ITEMS. A person commits an offense if he leaves luggage or another closed container in the public area of a terminal building and he: ~ does not control access to, maintain custody of, or make provisions for its care; and, receives notice from the lease holder or representative of the Airport that such control is required. SEC. 9-11. EMERGENCY EXITS. A person commits an offense if he: ~ intentionally opens an emergencv exit from the sterile area of a passenger terminal to anon-sterile area when there is not an emergencv; or, allows a person or property to enter the sterile area of a passenger terminal through an emergencv exit without adhering to established security regulations. DRAFT 7/14/10 ~ It is a defense to prosecution for a violation of this subsection if the person is a law enforcement officer: acting in an official capacity; or, escorting equipment and supplies which are normally subject to inspection through the emergency exit doors subjecting them to inspection or screening by either TSA or DPS. SEC. 9-12. BYPASS SECURITY SCREENING PROCESS. A person commits an offense if he gains access to the sterile area of a terminal, the secured area or the SIDA for himself, another, or any property in a manner that bypasses the security screening process. Sec. 9-13. VIOLATION OF RESTRICTED AREA. ~ A person commits an offense if he parks or operates a vehicle, or enters a "Restricted Area" on foot or by any other conveyance without authorization issued by the Airport. The person must possess and display a valid SIDA badge, a valid Non- SIDA badge, an authorized Airport identification media or other proof of authorization appropriate for the area the individual is located or be under an authorized escort; and, The vehicle must display an approved, valid permit, decal, placard, or other authorization in a manner established by the Airport or be under escort. It is a defense to prosecution for a violation of this subsection if an individual is authorized to be in a Restricted Area that is not designated as SIDA and his vehicle does not have proof of authorization. SEC. 9-14. GENERAL VIOLATION. A person commits an offense if he violates any provision of the Airport Security Program or by act or omission compromises the safety and security of the Airport. ARTICLE III. ACCESS VIOLATIONS. SEC. 9-20. OBEDIENCE TO SIGNS. ~ The Airport Security Coordinator may establish rules necessary to enhance security or to comply with federal security directives. Notification to Badge Holders will be made by posting signs at controlled access points. The signs must be on a primarily white background with contrasting letters at least 1" high when posted inside any building or 3" when posted outside a building and displaying the Airport brand. DRAFT 7/14/10 A person commits an offense if he commits anv act forbidden by or fails to perform anv act required and has had notice of the requirement by such signs. SEC. 9-21. ENTRANCE USING SIDA BADGE. (a) A Badge Holder commits an offense if he enters the sterile area, secured area, or SIDA through an Automated Access Control System (AACS) portal where access is restricted to SIDA Badge Holders and: ,(1~ does not first present their SIDA Badge for authorized entry; allows another person entry who has not complied with (a), also known as "piggybacking" or "tailgating"; or uses an employee portal to access an aircraft for the purpose of flight when he is not (1) a member of an on-duty flight crew with a valid SIDA Badge or, (2) an on-duty Federal Air Marshal with a valid SIDA Badge. For purposes of this section, an on duty flight crew member is one who is actively engaged as a pilot, copilot, flight engineer or serving as a flight attendant on board a flight departing DFW. A Badge Holder commits an offense if he enters a terminal building or the secured area and does not enter the SIDA either through a manned AOA pate, AACS employee portal, or a passenger screening checkpoint. It is a defense to prosecution for a violation of this subsection if the individual is acting in an official capacity as a ® DFW Airport law enforcement officer or fire fighter, a DFW Airport Airfield Operations Employees, afederal/state/local law enforcement officer, or a US federal government employee. ~ A Badge Holder commits an offense if he enters any AOA gate for the purpose of boarding a flight for which screening is required except on duty flight crew or a Federal Air Marshal. SEC. 9-22. DISPLAY OF BADGE. ~ A Badge Holder commits an offense if he: having used his SIDA Badge for entry into the sterile area or SIDA, fails to prominently display his SIDA Badge on his outermost garment above the waist and below the neck while in the sterile area or in the SIDA; having used his Non-SIDA Badge for entry into the sterile area, fails to prominently display his Non-SIDA Badge on his outermost garment above the waist and below the neck while in the sterile area; displays a defaced SIDA or Non-SIDA Badge or displays a Badge on which information has been purposely covered; upon the request of another, fails to display his SIDA or Non-SIDA Badge while in the sterile area or the SIDA; or, DRAFT 7/14/10 displays the Badge of another person. Unless such other person has reported his identification Badge as lost or stolen both persons shall be considered to be in violation. It is a defense to prosecution for a violation of this subsection if the person not displaying his SIDA Badae as required in subsection (a)(1) is a law enforcement officer or a Transportation Security Inspector acting in an official capacity. SEC. 9-23. FALSIFICATION OF BADGE APPLICATION. A person commits an offense if he: ~ forges or enters false information on an application for a Badae or access media device; possesses a Badae or access media device for which the application was fraudulently obtained. SEC. 9-24. FAILURE TO CHALLENGE. A Badae Holder commits an offense if he: ~ fails to challenge a person in the SIDA who is not visibly displavina a SIDA Badge or under authorized escort; fails to call police and report a person who is not visibly displavina a SIDA Badge or under authorized escort; or, ~ fails to report to police any person not possessing his valid SIDA Badge or under authorized personal escort in the SIDA. SEC. 9-25. FAILURE TO REPORT SECURITY VIOLATION. ~ A Badae Holder commits an offense if he: fails to report a condition that compromises the security of the SIDA or sterile area; or, fails to immediately notify DFW Airport Department of Public Safety of a lost or stolen SIDA or Non-SIDA Badae. A Badae Holder is presumed to know a condition that compromises security if it was covered in the DFW SIDA Badae Training Program. SEC. 9-26. UNAUTHORIZED USE OF ACCESS MEDIA. A person commits an offense if he: ~ uses his SIDA Badae, Non-SIDA Badae or other access media privileges to commit a violation of any federal, state or local law, or these Rules and Regulations; DRAFT 7/14/10 allows another to use a SIDA Badge, Non-SIDA Badge or other access media not issued to that individual; ~ uses another's SIDA Badge, Non-SIDA Badge or other access media to access the sterile area or SIDA; or, uses his SIDA Badae, Non-SIDA Badae or other access media to facilitate the unauthorized access of another into the SIDA or sterile area. SEC. 9-27. PROHIBITED ITEMS. A Badae Holder commits an offense if he: ~ introduces anv item that is prohibited by TSA regulation or security directive through an employee portal; or ,~ stores unsecured anv item that is prohibited by TSA regulation or security directive in the sterile area of a terminal. SEC. 9-28. AOA ACCESS. A person commits an offense if he: ~ uses a vehicle Gate for pedestrian access; (~j ,~ leaves anv gate, barrier, device or anv combination thereof used to enter the ``'~~--'~~'' AOA, including primary or secondary levels of control, before they close or responsibility is transferred to another Badge Holder; ~ fails to prevent any person or vehicle from following them through an AOA atg e; or, operates or parks any vehicle on the AOA without a valid DFW AOA Permit or placard displayed, unless the vehicle is under escort by a SIDA Badge Holder in an AOA permitted vehicle. SEC. 9-29. ESCORTING BY A BADGE HOLDER. A Badge Holder commits an offense if he is a SIDA Badae Holder and he: ~ escorts a person into any sterile area, restricted area or SIDA and fails to maintain visual and audible contact with the person being escorted at all times; escorts a person into any sterile area, restricted area or SIDA and allows him to engage in conduct prohibited by federal, state or local law; ~ escorts any person into the sterile or secured area of a terminal who has not entered the SIDA either through a manned AOA gate or passenger screening checkpoint; or, DRAFT 7/14/10 fails to escort or ensure the continued escort of an individual to whom they have provided access to the sterile area, restricted area or SIDA. ~ Only SIDA Badge Holders may provide escort to non-badged persons needing to enter the sterile area or SIDA. SIDA Badge Holders providing escorts may only pass their escort responsibility to another SIDA badge holder providing the SIDA Badge Holder acknowledges receipt of the escort transfer. SEC. 9-30. OBTAIN AN UNAUTHORIZED ESCORT. ~ A person commits an offense if he: obtains an escort into the sterile area or the SIDA; has had a SIDA or Non-SIDA Badge which has either expired or been suspended or revoked; and, he would be considered ineligible for a new SIDA or Non-SIDA Badge. A person commits an offense if he obtains an escort into the sterile area or SIDA for more than 15 days in a 45 day period. SEC. 9-31. TAMPERING WITH SECURITY DEVICE. A person commits an offense if he: ~ forces open anv door or pate that is locked or controlled by AACS that provides access to the sterile area, secured area, AOA, SIDA or anv other restricted area; tampers with or alters anv lock mechanism, badge reader, camera, biometric device, or other equipment designed to verify authorized access; or ~ alters any security fence, door or gate, lock mechanism, badge reader, camera, biometric device, or other equipment designed to provide for the security of the airport without the approval of the Airport Security Coordinator. SEC. 9-32. FAIL TO PREVENT UNAUTHORIZED ACCESS. ~ A person commits an offense if he: fails to secure any door or gate that provides access to the sterile area, secured area, or SIDA immediately after use; or discovers an unsecured door or gate or other mechanism designed to prevent unauthorized entry and fails to report the circumstances to DFW Airport DPS or the Airport Operations Center. 10 DRAFT 7/14/10 ~""~ ~ It is presumed that a person entering through a door without complying with the ~...-% security mechanism in place is evidence they knew the access control mechanism was unsecured. SEC. 9-33. BADGE CONTROL. A person commits an offense if he: ,~ fails to return a SIDA or Non-SIDA Badge upon demand of the ASC or his representative or the badge sponsor; ,~ fails to notify DFW DPS of any circumstance that would disqualify him from having or obtaining a SIDA or Non-SIDA Badge; ~ retains a Badge without a business purpose; possesses a SIDA or Non-SIDA Badge not issued to him and does not have the effective consent of the Badge Holder or authorization from the Airport; or ~ presents a SIDA or Non-SIDA Badge not issued to him with intent to obtain access or benefit. 11 DRAFT 5/21/10 ~s City of Fort Worth, Texas Mayor and Council Communication n Y~ .. y ~~~ Y ~ :~ COUNCIL ACTION: Approved on 2/15/2011 -Ordinance No. 19546-02-2011 DATE: Tuesday, February 15, 2011 REFERENCE NO.: **G-17206 LOG NAME: 12DFW 2010-07-250 SUBJECT: Adopt Ordinance Approving Dallas-Fort Worth International Airport Board Resolution No. 2010-07-150 and Resolution No. 2010-09-220 Amending Various Provisions of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance approving Dallas-Fort Worth International Airport Board Resolution No. 2010-07-150 and Resolution No. 2010-09-220 amending various provisions of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board. DISCUSSION: At its meeting on July 1, 2010, the Dallas-Fort Worth International Airport Board (Airport Board) approved amendments to the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board (Code). Resolution No. 2010-07-150 makes the following changes to the Airport Board's Code: 1. Reformats Chapters 1, 2, 3, 6, 7, 9, 10, Appendix I and the Table of Contents; 2. Amends the Definitions section of Chapter 1 by: a. adding definitions for: (1) Code and (2) Gender; and b. deleting definitions for: (1) Disabled Person, (2) Identification Card, and (3) Registration Insignia. 3. Removes Chapter 10, "Saving, Severability and Penalties" and moves its contents to Chapter 1; Logname: 12DFW 2010-07-250 Page 1 of 2 4. Amends Chapter 2 to include a new definition and add rules associated with the operation of vehicles in the movement area of the Airport Operations Area (AOA); 5. Amends Chapter 3 by changing its title from "Personal Conduct" to "Miscellaneous Offenses"; 6. Amends Chapter 6 by replacing the phrase "Chief Executive Officer" with the phrase "Executive Director" wherever it appears [which is defined by Chapter 1 to be the "Chief Executive Officer"]; 7. Amends Chapter 8 by establishing additional areas on the Dallas-Fort Worth International Airport (DFW) where commercial photography and moving picture production are prohibited; 8. Amends Chapter 9 by establishing a new section for airport security violations (Section 9-1 ); and 9. Amends Appendix 1 by adding two new roadways-East 16th Street and North 24th Avenue-which will access the new corporate aviation facility. The Amendments to the Code change the format style and numbering, replace outdated terminology and move badge sponsor/badge holder responsibilities from Chapter 3 to Chapter 9. On September 2, 2010, the Board approved Resolution No. 2010-09-220. This Resolution approved additional formatting changes and corrections to Chapters 1, 2, 3, 8 and 9 of the Code. Both state law and the 1968 Contract and Agreement between the City of Dallas, Texas and the City of Fort Worth, Texas require that amendments to the Airport Board's Code of Rules and Regulations must be approved by the Councils of both cities. The Dallas City Council approved this Board recommendation at is January 26, 2011 meeting. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office b~ Originating Department Head: Additional Information Contact: Tom Higgins (6192) Sarah Fullenwider (7623) Charlene Sanders (7611) Logname: 12DFW 2010-07-250 Page 2 of 2