HomeMy WebLinkAboutOrdinance 7547 ORDINANCE NO. 7 J `� 7
AN ORDINANCE AMENDING ARTICLE XX OF CHAPTER 19 OF
THE CODE OF THE CITY OF FORT WORTH (1964) , AS
AMENDED, BY AMENDING SECTIONS 19-451 THROUGH 19-
459, INCLUSIVE, AND BY ADDING THERETO SECTION 19-
460; PROVIDING A SHORT TITLE; DECLARING A CITY AIR
POLLUTION CONTROL POLICY AND PURPOSE; PROVIDING
DEFINITIONS; ESTABLISHING THE GENERAL DUTY AND
AUTHORITY OF THE DIRECTOR OF PUBLIC HEALTH; ADOPTING
RULES AND REGULATIONS PROMULGATED BY THE TEXAS AIR
CONTROL BOARD; REQUIRING EMISSION DATA AND DATA
CONTROL; ADOPTING AMBIENT AIR AND EMISSION STANDARDS;
ESTABLISHING AIR SAMPLING PROCEDURES; PROHIBITING
THE EMISSION OF AIR CONTAMINANTS ABOVE PRESCRIBED
LEVELS; PROVIDING FOR INSPECTION AND ENFORCEMENT BY
THE DIRECTOR OF THE DEPARTMENT OF HEALTH; AUTHORIZING
THE CITY ATTORNEY TO INSTITUTE CIVIL ACTIONS FOR
INJUNCTION; PROVIDING A SEVERABILITY CLAUSE; MAKING
THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES;
REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT
WORTH CITY CODE IN CONFLICT HEREWITH; PROVIDING
PENALTIES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS Section 15 of the Clean Air Act of Texas,
1967, as amended, said Act being codified as Article
4477-5 of the Revised Civil Statutes of Texas, provides
that an incorporated city may enact and enforce any
ordinance which is consistent with the provisions of said
Act and with the rules, regulations or orders of the
Texas Air Control Board created and established by said
Act;
WHEREAS, it is essential to the health, safety, and
general welfare of the citizens of the City of Fort
Worth that the air be kept free from pollution; and,
WHEREAS, the City Council of the City of Fort Worth
expressly finds that uncontrolled and unregulated emissions
of smoke, of suspended particulate matter, and of gaseous
air contaminants into the atmosphere of the City of Fort
Worth present a source of danger to the health, safety,
and general welfare of the citizens of the City of Fort
Worth; and further, if the uncontrolled and unregulated
emissions of smoke, of suspended particulate matter, and
of gaseous air contaminants into the atmosphere of the
City of Fort Worth is permitted to continue to occur or
exist, the atmosphere, which is one of the principal
sources of life and health to the citizens of the City
of Fort Worth, will be polluted, with a resulting injury
to the economic life of the community and the health and
property of the citizens of Fort Worth; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That Section 19-451 of Chapter 19 of the Code of
the City of Fort Worth (1964) ,as amended, be and the
same is hereby amended so that hereafter it shall read
and be :
"ARTICLE XX. AMBIENT AIR
AND EMISSION STANDARDS"
"Sec . 19-451. Short Title
Article XX of Chapter 19 may be cited
as the Fort Worth Air Pollution
Ordinance."
SECTION 2.
That Section 19-452 of Chapter 19 of the Code of
the City of Fort Worth (1964) ,as amended, be and the
sames is hereby amended so that hereafter it shall read
and be:
"Sec. 19-452. Declaration of policy and
purpose
It is the policy of the City of Fort Worth,
and the purpose of the Fort Worth Air
Pollution Ordinance to safeguard the air
resources of the city from pollution by
controlling or abating air pollution
and emissions of air contaminants,
consistent with the protection of
health, general welfare,f and physical
property of the people .
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SECTION 3.
That Section 19-453 of Chapter 19 of the Code of
the City of Fort Worth (1964) ,as amended, be and the
same is hereby amended so that hereafter it shall read
and be:
"Sec. 19-453 . Definitions
For the purposes of this Article, the
following words and phrases shall have
the meanings respectively ascribed to
them as follows :
(a) Act. The Clean Air Act of Texas, as
amended, and being codified as Article
4477-5 of the Revised Civil Statutes of
Texas, as amended.
(b) Air Contaminant. Any particulate
matter, dust, fumes, gas, mist, smoke,
vapor, odor, toxic or radioactive
substances, or any combination thereof
produced by processes other than
natural.
(c) Air Pollution. The presence in
the atmosphere of one or more air
contaminants or any combination thereof,
in sufficient ;quantities and of such
duration as are or may tend to be
injurious to or adversely affect human
health or welfare, plant or animal
life or property, or which interferes with
the normal use and enjoyment of life,
vegetation or property.
(d) Ambient Air. That portion of the
atmosphere, external to buildings, to
which the general public has access .
(e) Ambient Air Standards . The
standards for the outdoor atmosphere,
established by the Environmental Protection
Agency, adopted by the Texas Air
Control Board and known as the National
Ambient Air Quality Standards (NAAQS) .
(f) Board. The Texas Air Control
Board, as created and established by the
Clean Air Act of Texas, 1967, as amended,
same being codified as Article 4477-5
of the Revised Civil Statutes of Texas,
as amended.
(g) Director. The Director of Public
Health of the City of Fort Worth.
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(h) Emission. The release into the
outdoor atmosphere of one or more air
contaminants or combinations thereof.
(i) Jurisdictional Area. The area
within the corporate limits of the City
of Fort Worth and the unincorporated
area within 5,000 feet thereof, within
which areas Home Rule Cities are
empowered by Section 19 of Article
1175 of the Revised Civil Statutes of
Texas to define and prohibit nuisances .
(j) New Source. Any stationary source,
the construction or modification of
which is commenced after the date of
adoption of the January 26, 1972,
Regulations of the Texas Air Control
Board as filed with the Secretary of
State February 4, 1972 .
(k) Person. Any individual, partner-
ship, co-partnership, firm, company,
corporation, association, joint-stock
company, trust, estate, political
subdivision, or any other legal repre-
sentatives, agents, or assigns .
(1) Property. Property means any real
or personal property of any type .
(m) Source. Any and all points of
origin of air contaminants, whether
privately or publicly owned or operated."
SECTION 4.
That Section 19-454 of Chapter 19 of the Code of
the City of Fort Worth (1964) ,as amended, be and the
same is hereby amended so that hereafter it shall read
and be:
"Sec. 19-454. Duties of the Director
The director is the principal air pollution
control officer of the city and shall
perform or cause to be performed the
following duties:
(a) Administer and enforce the provisions
of this Article, and establish such
rules, not inconsistent with this
Article, as he determines are necessary
to discharge his duty under or to
effect the policy of, this Article;
(b) Evaluate the effect of proposed
zoning changes on air pollution and
endeavor to coordinate his activities
with those of the City Plan Commission
and Zoning Board in order to achieve
optimum management of the air resources
of the city;
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(c) Cooperate with other governmental
agencies concerned with air pollution;
(d) Disseminate information on air
pollution, inform and encourage voluntary
cooperation by persons and affected
groups in the preservation and regulation
of the purity of the outdoor atmosphere ;
(e) Investigate complaints of violations
of this Article, make inspections of
potential and known air pollution
sources and maintain records of the
investigations, complaints, inspections
and observations ;
(f) Conduct surveys of ambient air
quality;
(g) Request that judicial proceedings
be instituted to prosecute persons
violating the provisions of this
Article and to compel the prevention ion
and abatement of air pollution and
nuisances arising therefrom."
SECTION 5.
That Section 19-455 of Chapter 19 of the Code of
the City of Fort Worth (1964),as amended, be and the
same is hereby amended so that hereafter it shall read
and be:
"Sec. 19-455. Rules and Regulations
The City Council hereby adopts the
following Rules and Regulations of
the Texas Air Control Board, as amended,
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
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(f) Regulation V - Control of Air Pollution
from Volatile Carbon
Compounds
(g) Regulation VI - Control of Air Pollution
by Permits for New
Construction or Modifi-
cation
(h) Regulation VII - Control of Air Pollution
from Nitrogen Compounds
(i) Regulation VIII - Control of Air Pollution
Episodes ."
SECTION 6.
That Section 19-456 of Chapter 19 of the Code of
the City of Fort Worth (1964) ,as amended, be and the
same is hereby amended so that hereafter it shall read
and be:
"Sec. 19-456. Required data and data
control
(a) The director may, from time to time,
require the owner, lessee, or operator
of any source or suspected source within
the jurisdictional area to submit
air pollution emission data thereon
for the purpose of evaluating the air
pollution potential of such source or
suspected source.
(b) All data and information identified
as confidential, when submitted, relating
to secret processes or methods of
manufacture or production, shall not
be disclosed without the written consent
of the person submitting it.
SECTION 7.
That Section 19-457 of Chapter 19 of the Code of
the City of Fort Worth (1964) ,as amended, be and the
same is hereby amended so that hereafter it shall read
and be:
"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 estab-
lished by the Environmental Protection
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Agency and embodies in the Board 's
State Implementation Plan for air
pollution control in the State of
Texas. The City Council of the City
of Fort Worth hereby adopts the air
pollution emission standards as pre-
scribed in the General Rules and
Regulations of the Board."
SECTION 8.
That Section 19-458 of Chapter 19 of the Code of
the City of Fort Worth (1964) ,as amended, be and the
same is hereby amended so that hereafter it shall read
and be:
"Sec. 19-458. Procedures used to Sample
Air
When not otherwise specified in the
Article or in the instruments incor-
porated herein, the procedures
adopted and employed by the Board shall
be used for sampling air, determining
the concentrations of air contaminants
in the atmosphere, measuring emissions
of air contaminants from any source, and
expressing findings."
SECTION 9.
That Section 19-459 of Chapter 19 of the Code of
the City of Fort Worth (1964) ,as amended, be and the
same is hereby amended so that hereafter it shall read
and be:
"Sec. 19-459 . General Prohibition
No person shall 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."
SECTION 10.
That Chapter 19 of the Code of the City of Fort
Worth (1964) , as amended, be and the same is hereby
amended, by adding thereto a new section designated as
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Section 19-460 that shall read and be :
"Sec . 19-460. Inspection and Enforcement
(a) In accordance with Section 5.01 of
the Act, the director, his agents, and
employees are authorized to inspect the
air and to go in and on public or private
property within the jurisdictional area
for the purpose of determining whether
or not the level of air contaminants
in the area meets the levels set for
such air contaminants by the Board or
by this Article. The director, his
agents and employees may make inspections
in the same manner and under the same
provisions and restrictions as are
applicable to the Board, to determine
whether or not the emission of any air
contaminant from any source meets the
level set for such source by the
Board or by this Article, and whether
or not a person is complying with
the rules, regulations, orders or
determinations of the Board issued
under the provisions of the Act and the
provisions of this Article.
(b) As provided in Section 4.03 of
the Act, the City Attorney of the City
of Fort Worth is hereby authorized
to institute and prosecute civil actions
in the appropriate District Court, for
injunctive relief to prevent continuing
violations of the Act or rules, regulations,
determinations , or orders of the Board
or the provisions of this Article."
SECTION 11.
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 12 .
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
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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 instances
such conflicting provisions are hereby repealed .
SECTION 13.
Any person who violates, disobeys, omits, neglects, or
refuses to comply with, or who resists the enforcement of
any provision of this ordinance shall be punished by a
fine not exceeding Two-Hundred Dollars ($200.00) for
each offense . Each day that a violation exists shall
constitute a separate offense.
Prosecution for an offense under this Article does not
prevent the use of other enforcement remedies or procedures
applicable to the person with or the conduct involved in the
offense.
SECTION 14 .
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:
ft Attorney
Adopted by the City Council M Ay 17" 1977
Effective
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J 7�.xM{aA a M City of .Fort Worth, Texas
mu ' Mayor and Council Communication
SOW
strauutsa r�urtrr u� Revision of City Ordinance For WE
17/ Air Pollution, Control r of
Because of a number of significant chances to the tturt ,n Pnd Repuulat.°tou.s of the
Texas Air Control oa',rd since ,d trrr?.ce To. 5965 wsi m adopted in 196R. tart" Ld*oral
Division of the Texas Air Control hoard has advisad the Fea l.ttr Department Nn ent t.ha
the local ordinance aho ut d bnn updated and alipied with the current State Rules
and Regulations. Section 5.05 of the Texas Clean r Act of 1167 (8-B, 48. Art.
4477-5 VTC ) , revised and approved May 72, 1969, 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 ter':
Abate a nuisance; and
2 Enact and enforce any ordinance for the control and abatement of
sir pollution or any other ordinance, not inconsistent with r tare
provisions of this pct or the rules, regulations or orders of
the Huard.
°b Any ordinance enacted by an incorporated city or town shall be con-
sistent with the provisions of this Act and the rules and regulations
and orders of the Board Texas Air Control Board) , and shall nt t make
unlawful any condition or act approved or otherwise authorized pursuant
to this Act or the runes, regulations of the Board. ''
Part 111-5, Special Conditions of the EPA, grunt, Agreement Amendment for ° Y-77
states, "Continued Federal financial support beyond this ward period will be
contingent upon the adequacy ac of egg authorities for carrying out an lsrplesuen .
tat„ton plan as described in Section 10(a) of the Federal Clean Air duct, as
,amended (42USC185 et. sett.) , including, the authority to enforce those Federal
regulations which supplement the State lmpl,eruentat ,our plan (STr) ,,ur
on rtur,;r,cumtuc°,r° 10, 1976, the TACB adopted Ruutrr"N,rstIOO V, Wcuu°rvtw&, of Air Pollution
from Volatile Carbon Cautupouruluds" rc;"R,di.nra,tng the t.�egut,a"'t'. n,on and bq„a„ara:e effective
tmmu Tarront County January 12. x,977. Staff u,unu7uu°ututandn that by this action,
significant regulatory cram en are ttrr.t LO u.uur .ttu;ely, and as a consequence, t aural
nr inanuces for control of air pollution will r~n,at tune to (0)
within the for aneerble future. purr ,tn'her, this amenctnitent does not include, or
rcrrrtut,, the EPA, taut ,rig on F.Imission Of fact, th subject of a public he,nri nrr
conducted ctcrd t EPA in Dallas,las, Mar:%ch 1, :N 077.
I%ere are four areas, within the curront ordinance,e,M wh""b:e changes m rorMld he
ccwrxilc,ntn,tt,rthed. the r vit.nionr, our proposed, includes hectare changes in the aura, t:.t,onn
as follows:
Locrent go'v r,4kmentm and XPC -st»eVScikr should use the wa&n1s; definitions as
the State
The Revision adapts the TtttB definitions and includes uawthermr, deemed
appropriate.
DATE REFE'Ri E
tUMBER SUSM T, Revision of City Ordinance For PACE
.511707 G-3434, Air Pollution Control h. 0 A.—
L Rules and Regulations (Section 19-453, No 5965)
This section incorporates the ambient air and emission standards
adopted in the current ordinance under Section 19-455. The terms
"regulations" and "standards" under TACB are not synonomous. The
TACB adopts and enforces regulations designed to achieve the National
(EPA) Ambient Air Quality Standards.
Ordinance 5965 adopted the TACB General Provisions, Regulations 1, Il
111, an u hich were in effect In 1968. Since then the Provisions
have been replaced by "General Rules" and each of the Regulations have
changed in content and title. There are now eiRht TAM r° gtu.lartion
in effect.,
3. Additional Ambient Air and Emission Standards (Section 19-456, M 5965)
This section is deleted in its entirety. The more recent TACB SIP
regulations have included these standards, There is no requirement
in Fort Wbrth for additional or more restrictive standards and to
add another section on this item would accomplish only a redundance.
M Inspection and Worcement (Seetton 19-459, No. 5965)
Met the Texas Clean Air Ant, State Rules and Regulations provide for
civil and not criminal nenainies. The Fort Worth Air Pollution
Control ag"ency, under City Ordinaace Co. 5965 (August 1968) , does not
have the authority to enforce certain TAGB Rules and Regulations where
criminal court action is appropriate.
Example: T&CB General Rule 3 (Nuisance) could not be enforced in
Municipal Court, since penalities provided for are civil and not
criminal,
The proposed Revision amends the cuxrent Ordinance to extend the authority to
both t i and criminal cases, resulting from violations of all TACB Rules and
Regulations listed in Section 19.455.
(Cite: Texas Clean Air Act, Revised 1971 and Section 13 of Proposed Ordinance.)
The AmenMent has been reviewed and approved as to form and legality by the City.
Rata mmend nut ig!j
It is recommended that the City Council approve the amendments to Ordinance No.
5965 as described above.
JMT:VM
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SUBMITTED BY: DISPOW 0 SY COUNCIL 0 N? SPY
PAIPPROVED El OTHER (DESCRIOP
A120P.Ta.CTD ALICEJAL-.- Y
DATE
CITY MANAGER