HomeMy WebLinkAboutOrdinance - 5495-1968 - Amending Code; Chpt. 15, New Art. IX Entitled "Air Pollution Control" - 07/11/196807-I \ -I q loS OS-2.2-lq(Dq
ORDINANCE NO. 5495
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK BY ADDING TO CHAPTER 15 THEREOF A NEW ARTICLE IX ENTITL
"AIR POLLUTION CONTROL11 ; PROVIDING FOR AN AIR POLLUTION CONTROL
DIVISION IN THE HEALTH DEPARTMENT; PROVIDING DEFINITIONS; PROVID-
ING FOR POWERS AND DUTIES OF THE DIRECTOR; PROVIDING FOR OP£.RAT-
ING CERTIFICATES; ESTABLISHING AMBIENT AIR AND EMISSION STANDARDS
PROVIDING FOR ENFORCEMENT; PROVIDING A PENALTY; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock finds that emissions of
smoke, of suspended particulate matter and of gaseous air contaminates present a
source of danger to the health, safety and general welfare of the inhabitants of the
City of Lubbock, and the City Council is of the opinion that an air pollution control
ordinance should be enacted to protect the inhabitants thereof; NOW THEREFORE,
BE IT ORPAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Code of Ordinances of the City of Lubbock BE and is
hereby amended by adding to Chapter 15 thereof a new Article IX which shall read
as follows:
".ARTICLE IX. Air Pollution Control".
Section 15-78. Short Title. This Article is known as the Air Pollution
Control Ordinance of the City of Lubbock.
Section 15-79. Air Pollution Control Division. There is hereby created
an Air Pollution Control Division in the Health Department of the City of
Lubbock.
Section 15-80. Definitions. For the purpose of this Article, the follow-
ing terms, phrases, words and their derivations shall have the meaning
given herein:
(a) 11Air Contaminant 11 means particulate matter, dust, fumes,
gas, mist, smoke, vapor or odor, or any combination thereof produc d
by processes other than natural.
(b) "Air Pollution11 means the presence in the atmosphere of one or
more air contaminants or combinations thereof, in such concentratio
and of such duration as are or may tend to be injurious to or to
adversely affect humans, animal l ife, vegetation or property, or as
to interfere with the normal use and enjoyment of animal life, vegeta
tion or property.
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(c) 11Person11 ·is any individual, partnership, co-partnership, firm,
company, corporation, association, joint stock company, trust,
estate, political subdivision, or any other legal entity, or their legal
representatives, agents or assigns.
(d) 11Control Director" shall be the person holding the position of
Public Health Director of the Health Department of the City of Lubboc .
(e) "State Board" means the Texas Air Control Board.
(f) "Act'' means the Clean Air Act of Texas, Chapter 727g, 60th
Legislature in regular session, 1967.
(g) "Emission 11 means the release into the outdoor atmosphere of
air contaminants.
(h) "Ambient Air Standards 11 means the standards for the outdoor
atmosphere established in Section 15-88 and Section 15-89 of this
Article.
(i) "Waste Material'' means refuse; garbage; rubbish; other solid
or liquid wastes and useless, unused, unwanted or discarded material .
(j) ''Source 11 is any and all points of origin of the items defined in
Section 15-80(a).
(k) 11Property11 means any freehold interest in land.
{1) "Conditional Operating Certificate 11 is:
(1) A Temporary Operating Certificate issued to an owner,
lessee, or operator of a property who is operating under a var-
iance issued by the State Board, or
(2) A Temporary Operating Certificate issued by the Control Dir
ector to an owner, lessee, or operator of a property who is oper
ating under a variance to those specific provisions of this ordinan e
not covered by the Act or the rules and regulations of the State
Board.
Section 15-81. Duties of the Control Director. The Control Director
shall perform or cause to be performed the following duties:
(a) Administer and enforce all laws, ordinances, rules and regula-
tions pertaining to air pollution as provided in this ordinance.
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(b) Request that necessary legal proceedings be instituted to prose-
cute violations of this ordinance and compel the prevention. and abate-
ment of air pollution or of a nuisance arising therefrom.
(c) Examine and approve, or disapprove, the plans for
(1) equipment for the commercial burning of waste material or
for the burning of waste material collected by the City waste
material collection system;
(2) equipment designed for burning fuel in commercial and
industrial activities; and
(3) equipment installed, repaired, constructed, reconstructed,
altered or added to, to control or reduce air pollution from com-
mercial, industrial, manufacturing and municipally operated
activities, other than from motors and engines used in propelling
land, water and air vehicles; and
(d) Make periodic inspections of the equipment described in Section
15-Sl(c) to determine whether it is in compliance with the provisions
of this ordinance.
(e) Investigate complaints of violations of this ordinance, make
inspections of sources and ambient air conditions, and maintain a
record of the investigations, complaints, inspections and observatiom
conducted.
{f) Promulgate such rules and regulations as may be reasonable and
necessary to carry out the intent of this ordinance to insure all source~
of air pollution within his jurisdiction comply with the standards in
this ordinance. A copy of such rules and regulations shall be filed
with the City Secretary and shall cmstitl.te a public record.
(g} Encourage voluntary cooperation by persons affected groups in th
preservation and regulation of the purity of the outdoor atmosphere.
{h) Collect and disseminate information to the public on air pollution
(i) Work with planning and zoning agencies for the purpose of coordi
nating activities under the provisions of this ordinance with planning
and zoning activities, and foster the best possible management of the
air resources of the City of Lubbock.
(j) Cooperate and work with Federal, State, county, municipal, and
other agencies concerned with air pollution to insure that the air
resources of the City of Lubbock will be conserved and improved.
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(k) Perform such other functions as may be necessary to carry out
effectively the duties and responsibilities imposed on the Control
Director in this ordinance.
Section 15-82. Variance by Control Director -Revocation.
(a) Whenever it is found by the Control Director, upon presentation
of adequate proof, that compliance with any provision of this ordin-
ance, will result in an a rbitrary or unreasonable taking of property o
in the practical closing or elimination of any lawful business, occupa
tion or activity, in either case without corresponding benefit or advan
tage to the owner, lessee or operator of such business, occupation or
activity, the Control Director may grant individual variances beyond
the limits provided in this ordinance with suc h variances pertaining
only to air contaminants which are not regulated by the .Act or rules,
regulations or orders of the State Board.
(b) .Any variance granted pursuant to this section shall be granted
for such period of time as shall be specified by the Control Director
at the time of the grant and may be revoked by the Control Director
upon the failure of the holder of such variance to abide by and operate
in accordance with the terms and conditions of such variance.
Section 15-83. Jurisdiction of the Control Director.
For purposes of enforcing the standards prescribed in this ordinance,
the Control Director has jurisdiction within the corporate limits of th
City of Lubbock hereinafter referred to as the 11base area1' and within
5, 000 feet beyond the corporate limits of said City to abate any
nuisance arising from the violation of this ordinance.
Section 15-84. Required Data and Data Control.
(a) The Control Director may, from time to time, require the owne1
lessee or operator of all sources and suspected sources in the City's
base area to submit data on the sources for the purpose of evaluating
the air pollution potential within the base area.
(b) Any data and information identified as confidential when submit-
ted, relating to secret processes or methods of manufacture or pro-
duction, shall not be disclosed without the written consent of the per-
son submitting it.
Section 15-85. Operating Certificates.
(a) The owner, lessee or operator of every property within the base
area of the City of Lubbock on which a source is located who makes o
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continues to make emissions after the time of the adoption of this
ordinance shall apply to the Control Director for an operating certi-
ficate.
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(b) The application shall be signed by the holder, lessee or oper
of the property or his agent and, in addition to any other information
which the Control Director may reasonably require, shall contain:
(1) the name and address of the applicant; if the applicant is
other than an individual, the application shall also give the name
and address of the Chief Executive Officer of the organization an
the name, address and title of the person in charge of, or res
sible for, the property on which the source is located;
(2) the address or location of the property on which the source
is located;
(3) the nature of the process or activity which results or will
result in the emissions; and
( 4) a general description of the quality, characteristics or
nature of the air contaminants emitted or to be emitted.
(c) After receipt of the application, the Control Director shall,
in a reasonable time, make or cause to be made an inspection to
verify the conditions of the emissions covered in the application.
(d) The Control Director shall notify the applicant, in writing,
whether or not his application for an operating certificate has been
Approved. If the source upon which application is based complies
with the Act and this ordinance, the Control Director shall issue an
operating certificate to the applicant, or if the applicant shall have
received a variance under the Act and the rules and regulations of
State Board with regard to such source, the Control Director shall
issue a conditional operating certificate to the extent authorized by
variance to the applicant, or if the applicant shall have recieved a
variance to this ordinance under Section 15-82 hereof, the Control
Director shall issue a conditional operating certificate to the extent
authorized by such variance. If the application is not approved, the
c;·ontrol Director shall describe the deficiencies.
Section 15-86. Revocation of Certificate.
The Control Director shall revoke or suspend an operating certifica
or conditional operating certificate upon the failure of the holder of
t ertificate to com with the ions of this ordinance. The
' Control Director shall also remove or suspend the conditonal operat-
ing certificate of a holder thereof, whose variance issued by the State
Board or by the Control Director either expires, is suspended,
revoked or otherwise terminated. Such Notice of such revocation or
suspension shall be in writing and may be served upon the holder of
such certificate by depositing a copy thereof in the United States rna
addressed to such holder at his last known address.
Section 15-87. Appeal from Denial or Revocation of Certificates.
(a) Any person denied an operating certificate or whose operating
certificate or conditional operating certificate has been revoked or
suspended, has the right to appeal to the City Council of the City of
Lubbock.
(b) The appeal shall be in writing and shall be filed with the City
Secretary within ten days after the date of issuance of the notice oft
denial of the application for an operating certificate or the notice of
revocation or suspension of any operating certificate or conditional
operating certificate.
(c) Within fifteen days after the appeal is filed with the City
the City Council shall order a hearing before the City Council to ~"~""'t"",..''
mine whether to sustain the action of the Control Director or to mo
it in any particular.
Section 15-88. Ambient Air and Emission Standards.
(a) The City of Lubbock hereby adopts as the ambient air and emis-
sion standards for the area within the boundaries and jurisdiction of
this City the regulations of the State Board enumerated below. To
the extent of any conflict between the regulations and this ordinance,
the regulations of the State Board shall prevail. The following regu-
lations of the State Board are incorporated herein by reference as
fully and completely as if set forth in full herein:
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(b) On or before the' effective date hereof, the Control Director shall
file a copy of each of the foregoing regulations with the City Secretary
who shall maintain same as a public record available for inspection.
(c) The City of Lubbock hereby expressly reserves the power to
adopt regulatory ordinances or any aspect of the subjects dealt with in
the foregoing regulations and on any other air contaminant to the exter
not covered therein. The City also expressly reserves the privilege
of adopting and using such methods of measuring the levels of air con
taminants in the atmosphere and the emissions from any source as
are authorized in the regulations.
Section 15-89. Air Contaminants and Activities Not Covered by State
Board Regulations.
COLUMN I
The City of Lubbock adopts the following ambient air and emission
standards for the air contaminants and activities specified below for
the base area of the City.
(a) Specific Air Contaminants.
The maximum acceptable concentration in the ambient air of this
City of each air contaminant named in Column I is set forth in
Column II. The maximum acceptable emission in the air of this
City of each air contaminant named in Column I is set forth in
Column III. When the emission is measured by a high volume
air sampler, the level of emission shall be determined on the
basis of the difference between the upwind level and the downwind
level of the air contaminant for the property.
COLUMN TI COLUMN Ill
( 1) Sulfuric Acid Mists 12 ug/m3-24 hourly aver-
age not to be exceeded on
more than one day in any
month.
(2) Lead Compounds
(3) Hydrogen Flouride
30 ug/m3-one hour average
not to be exceeded during
more than one hour in any
week
5 ug/m3 of air average over 5 ug/m3 of air averagE
5 any 30 day period over any 30 day perio<
1 ppb of air by volume over 0. 5 ppb of air by vol-
any 24 hour period ume
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(4) Beryllium
(5) Hydrocarbons
Total hydrocarbons shall be
the sum of the concentrations
of C and bigher saturated and
unsaturated hydrocarbons as
measured by gas chromoto-
graphy
(6) Carbonyls
Total carbonyls shall include
aldehydes and ketones calcu-
lated as formaldehydes. Each
carbonyl group is deemed
equivalent to one molecule of
formaldehyde.
(7) Odors
Procedures for measurement
shall be those specified in
11Standard Methods for odors
in the Atmosphere", American
Society for Testing of Mater-
ials (ASTM) 1391-57
(8) Carbon Monoxide
(9) Ozone
(10) Visible Emissions
d. 01 ug/m 3 of air average
over any 24 hour period
3. 0 ppm -total Hydro-
carbons
10 ppm for 8 hours or 30
ppm for 1 hour
0. 1 ppm (one hour average)
not to be exceeded on more
than 3 days per year
0. 01 ug/m3 of air aver ~
age over any 24 hour
period
(a) Non-Methane Hydr -
carbons -1. 5 ppm
10 ppm of air by
volume
2 odor units determinE ~
after dilution of the
emission being measu -
ed with an equal volurr e
of odor free air
A. A person shall not discharge into the atmosphere from any single
source of emission whatsoever any air contaminants which are:
(a) As dark or darker in shade as that designated as No. 2 on the
Ringlemann Chart, as published by the U.S. Bureau of Mines, or
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(b) Of such opacity as to obscure an observer1s view to a degree
equal to or greater than does smoke described in subsection (a) above
of this rule.
(11) Particulate Matter from Certain Activities
Open storage and open processing operations, including on-site transportation
movements, which are the source of wind-borne dust or other particulate matter,
and the operation of equipment which generates suspended particulate matter,
such as that used in paint spraying, grain handling, and/ or gravel processing or
storage, or sand blasting, shall be so conducted that dust and other particulate
matter is not transported across the boundary line of the property on which the
operation is conducted in concentrations exceeding the limits specified in Regula-
tion I of the State Board.
Section 15-90. Methods and Procedures for Measuring.
When not otherwise specified in this ordinance, the procedures used for
sampling air, determining the concentrations of air contaminants in the
atmosphere, and for measuring emissions of air contaminants from any
source, and the methods of expressing the findings shall be those common
ly accepted and employed by recognized authorities in the air pollution
control field.
Section 15-91. General Prohibition.
No person may cause, suffer, allow or permit the emission of any air
contaminant identified in Section 15-88 and 15-89 within the jurisdictional
area of the City of Lubbock, as defined in Section 15-82, except as pro-
vided in this ordinance.
15-92. Enforcement.
(a) The City of Lubbock hereby elects to exercise the authority veste ~
in it under the Clean Air Act of Texas, 1967, relative to the enforce-
ment of the Act and this ordinance.
(b) The Control Director, his agents and employees are authorized
to inspect the air and to go in and on public and private property with-
in the area of his jurisdiction, as defined in Section 15-82, to deter-
mine whether or not the level of any air contminant in the area meets
the level set for the air contaminant by the State Board or by this
ordinance. The Director, his agents and employees may make
inspections in the same manner and under the same provisions and
restrictions as are applicable to the State Board to determine whether
or not the emission of any air contaminant from any source meets the
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level set for the air contaminant by this ordinance or by the State
Board, and whether or not a person is complying this ordinance or
with the Act or a rule, regulation, order or determination of the State
Board issued under the provisions of the Act.
(c) Any person who violates any provision of this ordinance or of any
operating certificate or conditional operating certificate issued here-
under is guilty of a misdemeanor and upon conviction shall be fined in
a sum of not less than $10. 00 nor more than $200. 00 and each day any
violation shall continue shall constitute a separate offense. A violatio
of the provisions of this ordinance shall constitu.te a nuisance.
(d) The City Attorney is authorized to institute and prosecute civil
actions in the appropriate district courts, as provided in Sections 12
and 13 of the Act, for injunctive relief to prevent any further violation
of this ordinance or of the Act or rules, regulations, determinations
or orders of the Board. Nothing herein deprives any official, agent
or employee of the City, the same as any other private citizen, of the
right to file a misdemeanor complaint for a violation of this ordinance
(e) It is the policy of the City of Lubbock, to the extent possible unde
applicable laws and ordinances and within budgetary limitations, for
the officials, agents and employees of the City to cooperate with the
State Board in the air pollution control work of the St~te Board.
Section 15-93. Severability.
If any section or provision of this ordinance or the application of that sec-
tion or provision to any person, situation or circum stance is for any reaso)
adjudged invalid, the adjudication shall not affect any other section or pro-
vision of this ordinance or the application of the adjudicated section or pro
vision to any other person, situation or circumstances. The City Council
declares that it would have adopted the valid portions and applications of
this ordinance without the invalid part, and to this end the provisions of t··
this ordinance are declared to be severable.
SECTION 2. THAT the, City Secretary is hereby authorized and directed to
cause publication of the descriptive caption of this ordinance together with the
penalty provision as an alternative method of publication as provided by law.
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AND IT IS SO ORDERED.
ass~d by the City Council on first reading this 11th day of _--~o~J~.:.~u~.J:.l.z..v __ , 1968.
assed by the City Council on second reading this 22nd day of_...£JMra•Y:t.---' 1969.
ATTEST:
'APPROVED:
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