(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOILER. An enclosed device using controlled flame combustion and having the following characteristics:
(a) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids or heated gases;
(b) The unit’s combustion chamber and primary energy recovery section must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being
BOILERS solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream) and fluidized-bed combustion units;
(c) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60%, calculated in terms of the recovered energy compared with the thermal value of the fuel; and
(d) The unit must export and utilize at least 75% of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps.)
HAZARDOUS WASTE. That term is defined by Tex. Health and Safety Code § 361.003(12), and by 42 U.S.C. § 6903(5) (i.e., a solid waste or combination of solid wastes), which because of its quantity, concentration or physical, chemical or infectious characteristics may:
(a) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible illness or incapacitating reversible illness; or
(b) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.
INCINERATOR. An enclosed device using controlled flame combustion that neither meets the criteria for classification as a boiler, nor is listed as an industrial furnace.
INDUSTRIAL FURNACE. Any of the following enclosed devices that are integral components of manufacturing processes and that use controlled flame devices to accomplish recovery of materials or energy:
(a) Cement kilns;
(b) Lime kilns;
(c) Aggregate kilns;
(d) Phosphate kilns;
(e) Coke ovens;
(f) Blast furnaces;
(g) Smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machines, roasters and foundry furnaces);
(h) Titanium dioxide chloride process oxidation reactors;
(i) Methane reforming furnaces;
(j) Pulping liquor recovery furnaces; and
(k) Combustion devices used in the recovery of sulfur values.
PREVAILING WIND. The direction from which the wind blows most frequently over a 12-month period at a location proposed for a hazardous waste incinerator.
RESIDENTIAL AREAS. Areas where residential dwellings are actually located or which are zoned as District A, B or C under Ch. 160 of this code of ordinances. However, areas zoned District H shall not be considered RESIDENTIAL AREAS for purposes of this section.
SOLID WASTE. Any garbage, refuse or sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, and other discarded material, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under 33 U.S.C. § 1342, or source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.).
(B) Siting restrictions. No hazardous waste incinerator shall be constructed within the corporate limits of the city, or within 5,000 feet of the corporate limits of the city, unless:
(1) Such incinerator is located no closer than four miles to any family residential area, hospital, nursing home or public or private school in existence at the time the incinerator is constructed; and
(2) The prevailing winds at the location of the hazardous waste incinerator are not in the direction of then-existing residential areas located within the corporate limits of the city or within 5,000 feet of the corporate limits of the city.
(C) Duration and intent of section.
(1) This section is intended to preserve the status quo and to protect the health, safety and welfare of the citizens of the city from the potential harm from such facilities until such time as sufficient investigation can be completed to determine what measures should be implemented on a permanent basis.
(2) If such permanent measures are not implemented and in effect within five years of the effective date of the ordinance from which this section is derived, this section shall be reviewed by the City Commission.
(D) Conflicting provisions. The provisions of this section shall govern over any conflicting provisions in any other city ordinances or zoning regulations currently in effect or enacted in the future by the city, unless and until the provisions stated in this section are expressly revised or rescinded.
(1998 Code, § 62-6) Penalty, see § 94.999