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Home My WebLink AboutOrdinance 8024 ORDINANCE NO. 0 o x y AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964), AS AMENDED, BY AMEND- ING SECTION 19-455, SECTION 19-457, AND SECTION 19-459 THEREOF; PROVIDING FOR: ADOPTION OF CERTAIN RULES AND REGULATIONS OF THE TEXAS AIR CONTROL BOARD AS AMENDED AS OF THE TIME OF THE EFFECTIVE DATE OF THIS ORDINANCE AND AS HEREAFTER AMENDED; ADOPTION OF THE NATIONAL AMBIENT AIR QUALITY STANDARDS E_HBODIED IN THE TEXAS AIR CONTROL BOARD'S STATE IMPLEMENTATION PLAN OF AIR POLLU- TION CONTROL AS AMENDED AS OF THE TIME OF THE EFFECTIVE DATE OF THIS ORDINANCE AND AS HEREAFTER AMENDED; ADOPTION OF THE AIR POLLUTION EMISSION STANDARDS AS PRESCRIBED IN THE GENERAL RULES AND REGULATIONS OF THE TEXAS AIR CONTROL BOARD AS AMENDED AS OF THE TIME OF THE EFFECTIVE DATE OF THIS ORDINANCE AND AS HEREAFTER AMENDED; PROHIBITING THE EMISSION OF AIR CONTAMINANTS ABOVE PRESCRIBED LEVELS; PROHIBITING VIOLATIONS OF THE RULES AND REGULATIONS OF THE TEXAS AIR CONTROL BOARD ADOPTED BY THIS ORDINANCE; A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR OR➢INANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH; PROVIDING PENAL- TIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 17, 1977, the City Council of the City of Fort Worth, Texas, adopted the Fort Worth Air Pollution Ordi- nance, Ordinance Number 7547; and WHEREAS, it was the intention of the City Council to include future amendments of several extrinsic instruments, statutes, codes, rules and regulations adopted by reference in said ordinance; and WHEREAS, it was the further intention of the City Council to make it a violation to fail to comply with certain rules and regulations of the Texas Air Control Board adopted in said ordi- nance; and WHEREAS, some question has arisen concerning the expression of such intentions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 19-455 of Chapter 19 of the Code of the City of Fort Worth, Texas (1964) , as amended, be and the same is hereby amended so that it shall hereafter read as follows: "Sec. 19-455. Rules and Regulations. The City Council hereby adopts the following rules and regulations of the Texas Air Control Board, as amended at the time of the effective date of this ordinance and as hereafter amended by said Board, and incorporates those rules and regulations herein as if they were set out verbatim: (a) General Rules (b) Regulation I - Control of Air Pollution from Visible Emissions and Particulate Matter (c) Regulation II - Control of Air Pollution from Sulfur Compounds (d) Regulation III - Control of Air Pollution from Toxic Materials (e) Regulation IV - Control of Air Pollution from Motor Vehicles (f) Regulation V - Control of Air Pollution from Volatile Carbon Compounds (g) Regulation VI - Control of Air Pollution by Permits for New Construction or Modification (h) Regulation VII - Control of Air Pollution from Nitrogen Compounds (i) Regulation VIII- Control of Air Pollution Episodes (j) Regulation IX - Control of Air Pollution from Carbon Monoxide (k) Any and all other regulations, enumerated herein or not, as they may be amended, which are made, passed or approved by the Texas Air Control Board pursuant to its rule and regulation-making power after the effective date of this ordinance. " SECTION 2. That Section 19-457 of Chapter 19 of the Code of the City of Fort Worth, Texas (1964) , as amended, be and the same is hereby amended so that it shall hereafter read as follows: "Sec. 19-457. Ambient Air and Emission Standards. The City Council of the City of Fort Worth hereby adopts the National Ambient Air Quality Standards established by the Environmental Protection Agency and embodied in the Board' s state implementation plan for air pollution control in the State of Texas, as amended at the time of the effective date of this ordinance and as hereafter amended by said Board. The City Council of the City of Fort Worth hereby adopts the air pollution emission standards as prescribed in the general rules and regulations of the Board, as amended at the time of the effective date of this ordinance and as hereafter amended by said Board." -2- SECTION 3. That Section 19-459 of Chapter 19 of the Code of the City of Fort Worth, Texas (1964) , as amended, be and the same is hereby amended so that it shall hereafter read as follows: "Sec. 19-459. General Prohibition. (a) It shall be unlawful for any person to cause, suffer, allow, or permit within the jurisdictional area of the City of Fort Worth the emission of any air contaminants identified in Sections 19-455 and 19-457 and the instruments incorporated therein, except as provided in this Article and instruments incorporated herein. (b) It shall be unlawful for any person to violate or cause, suffer, allow, or permit to be violated any rule or regulation adopted by Section 19-455 of this Chapter. " SECTION 4. Should any part, portion, section or part of a section of this ordinance be declared invalid or inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way affect the remaining portions, parts, sections or parts of sections of this ordinance, which provisions shall be, remain and continue to be in full force and effect. SECTION 5. That this ordinance shall be and is hereby declared to be cumulative of all provisions of the Code of the City of Fort Worth, and amendments thereto, controlling and regulating air pollution, except in those instances where the provisions of this ordinance are in direct conflict with such provisions of said Code, in which intances such conflicting provisions are hereby repealed. SECTION 6. Any person who violates, disobeys, omits, neglects, or re- fuses to comply with, or who resists the enforcement of any provision of this ordinance shall be punished by a fine not ex- ceeding Two-Hundred Dollars ($200.00) for each offense. Each day that a violation exists shall constitute a separate offense. -3- Prosecution for an offense under this Article does not prevent the use of other enforcement remedies or procedures applicable to the person or the conduct involved in the offense. SECTION 7. That this ordinance shall become effective and be in full force from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: 4 � _ City Attorn y ADOPTED BY THE CITY COUNCIL q EFFECTIVE: -4- City of Fort Worth, Texas /iti BRAMM W M[1IC14LRT mica Mayor and Council Communication BAILIFF el' SYITM DATE REFERENCE SUBJECT: Revision of Article XX, Chapter PAGE NUMBER 19, Code of the City of Fort Worth 1 )ONES 12,�.Z/79 **G-4415 (1964), As Amended (Air Pollution > °r G Control -Rose — Section 5 05 of the Texas. Clean Air Act of 1967 (Article 4477-5 VTCS), as amended in 1972, states: "(a) Subject to the provisions of Section 1.05 of this Act, an incorporated city or town has such powers and rights as are otherwise vested by law in the city or town to: (1) abate a nuisance; and (2) enact and enforce any ordinance for the control and abatement of air pollution, or any other ordinance, not inconsistent with the provisions of this Act or the rules, regulations or orders of the board . "(b) Any ordinance enacted by an incorporated city or town shall .be consistent with the provisions of this Act and the rules, regulations and orders of the board, and shall not make unlawful any condition or act approved or otherwise authorized pursuant to this Act or the rules, regulations or orders of the board." Because of a number of significant changes to the rules and regulations of the Texas Air Control Board since Ordinance No. 7547 was amended in May, 1977, the local Ordinance should be updated and aligned with the current State Rules and Regulations. In addition, such an amendment should incorporate all future amendments of the Texas Clean Air Act and revisions of Texas Air Control Board Rules and Regulations. The proposed revision would amend the current Ordinance to extend enforcement authority to include both civil and criminal proceedings based upon violations of all TACB rules and regulations as listed in Section 19-455. Recommendation It is recommended that the City Council adopt the attached ordinance which amends the relevant Sections 19-455, 19-457 and 19-459 of Art. XX, Chapter 19, of the Code of the City of Fort Worth (1964), as amended, as described above. GG:ms Attachment SUBMITTED FOR THE 74 CITY MANAGER'S OSITION COUNCIL: PROCESSED BY OFFICE BY: APPROVED ORIGINATING AMPTEQ RDINANG� (DE�CRI O y� Y EC T DEPARTMENT HEAD: Dr. W, V, Bradsha CITY SECRETARY FOR ADDITIONAL. INFORMATION �1y7/' CONTACT: Dr. W. V. Bradshaw, Jr., ext. 7234 DATE