§ 12.5-165 CONFIRMATION OF CONTAMINATED SOIL.

   (a)   If subsurface environmental sampling and/or monitoring wells confirm contamination of soil within city right-of-way, property or easements, the property owner shall notify the environmental manager in writing within ten days after learning of the confirmation of contamination.

   (b)   The property owner shall cooperate with the city in mitigating the contamination as necessary.

(Ord. 12274, § 1, passed 11-28-1995)

§§ 12.5-166—12.5-199 RESERVED.

ARTICLE II: AIR QUALITY

DIVISION 1: GENERAL PROVISIONS

§ 12.5-200 DEFINITIONS.

   Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated.

   ACT. The Texas Clean Air Act, as amended, codified as V.T.C.A. Health and Safety Code Chapter 382.

   DIRECTOR. The director of the department of environmental management or the director’s authorized representative.

(Ord. 12274, § 1, passed 11-28-1995)

§ 12.5-201 PURPOSE.

   The purpose of this article is to safeguard the city’s air from pollution, by monitoring, controlling or abating air pollution and emission of air contaminants, in order to protect the health, safety and welfare of the residents of the city.

(Ord. 12274, § 1, passed 11-28-1995)

§ 12.5-202 AUTHORITY OF THE DIRECTOR.

   The director is authorized to do the following:

   (a)   Enforce the provisions of this article and the Act, using either the enforcement mechanisms found in Article I of this chapter, those found in the act and the rules promulgated pursuant to the act, or any combination thereof;

   (b)   Conduct surveys of ambient air quality;

   (c)   Evaluate the effect of proposed zoning changes on air pollution and endeavor to coordinate the director’s activities with those of the city plan commission and zoning board in order to achieve optimum management of the air resources of the city;

   (d)   Cooperate with other governmental agencies concerned with air pollution;

   (e)   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;

   (f)   Require the owner, lessee or operator of any source or suspected source to submit air pollution emission data for the purpose of evaluating the air pollution potential of such source or suspected source;

   (g)   Make recommendations to the commission concerning a rule, determination, variance or order of the commission that affects the city; and

   (h)   Establish rules and procedures for enforcing this article that are not inconsistent with this article.

(Ord. 12274, § 1, passed 11-28-1995)