§ 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)

§ 12.5-203 RIGHT OF ENTRY.

   The director may enter public or private property, other than property designed for and used exclusively as a private residence housing not more than three families, at a reasonable time to inspect and investigate conditions relating to emissions of air contaminants in the atmosphere. The right of entry is further subject to the requirements of § 12.5-121 of this chapter.

§§ 12.5-204—12.5-209 RESERVED.

DIVISION 2: AMBIENT AIR AND EMISSIONS STANDARDS

§ 12.5-210 ADOPTION OF STATE REGULATIONS.

   The following regulations, in their current form and as they may hereafter be amended, are adopted and incorporated into this article as if they were set forth at length:

   (a)   Tex. Administrative Code 30 TAC Chapter 101, General Rules;

   (b)   Tex. Administrative Code 30 TAC Chapter 106, Permits by Rules;

   (c)   Tex. Administrative Code 30 TAC Chapter 111, Control of Air Pollution from Visible Emissions and Control of Particulate Matter;

   (d)   Tex. Administrative Code 30 TAC Chapter 112, Control of Air Pollution from Sulfur Compounds;

   (e)   Tex. Administrative Code 30 TAC Chapter 113, Standards of Performance for Hazardous Air Pollutants and for Designated Facilities and Pollutants;

   (f)   Tex. Administrative Code 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles;

   (g)   Tex. Administrative Code 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds;

   (h)   Tex. Administrative Code 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification;

   (i)   Tex. Administrative Code 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds;

   (j)   Tex. Administrative Code 30 TAC Chapter 118, Control of Air Pollution Episodes;

   (k)   Tex. Administrative Code Title 30, Chapter 122, Federal Operating Permit Program; and

   (l)   Any other regulations, including any amendments, as may be promulgated by the commission.

(Ord. 12274, § 1, passed 11-28-1995)

§ 12.5-211 NUISANCE.

   (a)   An emission of an air contaminant in violation of the regulations adopted under this division, in violation of the act, or in violation of any permit issued thereunder, is hereby declared to be a nuisance.

   (b)   An emission of one or more air contaminants, in such concentration and duration that is or may tend to be injurious to or that does or may affect human health or welfare, animal life, vegetation or property, or that interferes with the normal use and enjoyment of animal life, vegetation and property, is hereby declared to be a nuisance.

   (c)   The operation of a motor vehicle which is required by federal motor vehicle laws to have an emissions control system is hereby declared to be a nuisance if the system is not working properly or if the system has been removed or rendered inoperable.

   (d)   The operation of a motor vehicle is hereby declared to be a nuisance if the vehicle emits air contaminants:

      (1)   As dark or darker in shade than that shade designated as number one on the Ringlemann chart; or

      (2)   Of 20% or greater opacity for longer than five consecutive seconds.

(Ord. 12274, § 1, passed 11-28-1995)

§§ 12.5-212—12.5-299 RESERVED.

ARTICLE III: STORMWATER PROTECTION

DIVISION 1: GENERAL PROVISIONS