Sec. 26-16. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Incinerator shall mean devices for combustion of commercial waste, pathological waste or industrial process waste.

Industrial process shall mean any furnace boiler, kiln, dryer, mill, mixer, crusher, silo or still used in the manufacture of metal products including iron, steel, lead, copper, brass, bronze or aluminum; mineral products including aggregate, rock, sand, cement, clinker, lime, perlite or vermiculite; petroleum products including gasoline, diesel fuel, solvents, liquefied natural gas, propane, butane or volatile organic compounds; wood products including sawdust, charcoal, pressed wood, fiber board or plywood; paper products including paperboard, cardboard or packaging; building materials including concrete, asphaltic concrete, tar roofing material, brick, tiles or blocks; chemical products including plastics, paint, fiberglass, fertilizers, pesticides of cleaning agents; feed for other than human consumption to include meat byproducts, grains or seeds; food products for human consumption including flour, nuts, or beverages including beer, wine, or liquor; recycled scrap metal including that from automobiles, appliances or beverage cans.

Petroleum storage and loading facility shall include each storage tank and each loading rack at any terminal for commercial dispensing of petroleum products.

Sandblasting shall include use of any gun or other means at any fixed location to blast with sand, grit, or other abrasive.

Spray painting shall include any room, booth, enclosure or yard at any fixed location used for spray painting of vehicles, appliances or building materials.

(Code 1959, § 3A-1; Ord. No. 55812, § 4, 9-16-82)

Sec. 26-17. - Rules and regulations of Texas Air Control Board adopted by reference.

The rules and regulations of the Texas Air Control Board, as promulgated by Board Order No. 68-1, and presently in effect, pursuant to the Clean Air Act of Texas, Vernon's Ann. Civ. St. art. 4477-5, are incorporated herein by reference and are hereby adopted as rules and regulations for the control of air pollution within the city. Three (3) copies of said rules and regulations, identified by the signature of the city clerk, are on file in the office of the city clerk pursuant to section 17 of the city charter, for permanent record and inspection.

(Code 1959, § 3A-2; Ord. No. 55812, § 4, 9-16-82)

Sec. 26-18. - City clerk to furnish copy of article to Executive Secretary, Texas Air Control Board.

The city clerk is hereby directed to furnish a copy of this article without the necessity of having a copy of the rules and regulations adopted by this article attached thereto, to the executive secretary of the Texas Air Control Board.

(Code 1959, § 3A-4; Ord. No. 55812, § 4, 9-16-82)

Sec. 26-19. - Legal staff authorized to seek injunctive relief, etc.

The legal staff of the city, upon resolution by the city council, without regard to prosecutions in municipal court, be, and is hereby, authorized to seek injunctive relief to prevent any further violation or seek court order for the assessment of a penalty of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) per day for each day such violation continues, as the court may deem proper, or for both injunctive relief and penalty. The legal staff of the city shall seek to prosecute and enjoin violations in a court of appropriate jurisdiction by working with and through the state attorney general or such other legal staff of the state air control board as may request such action.

(Code 1959, § 3A-5; Ord. No. 55812, § 4, 9-16-82)

Sec. 26-20. - Penalty for violations.

The violation of any of the rules and regulations set forth in this article is hereby declared to be unlawful and punishable in accordance with section 1-5.

(Code 1959, § 3A-3; Ord. No. 55812, § 4, 9-16-82)

Sec. 26-21. - Air pollution inspection fee.

In order to defray a part of the expense necessary to provide inspection, surveillance and monitoring of air pollution sources in the city there is hereby levied an air pollution inspection fee of four hundred forty eight dollars ($448.00) per annum for each permanent and moveable source in the city that has aggregate total emission of less than fifty (50) tons per year. This fee shall be collected by the public health department of the city and be deposited into the city general fund. The fee shall be payable in advance on an annual basis, not later than the last day of October of any year, and shall cover the city fiscal year. The public health department shall issue a receipt therefor on a form to be prepared for that purpose.

(Ord. No. 63231, § 2, 7-16-86; Ord. No. 67911, § 16, 9-15-88; Ord. No. 94584, § 24, 9-20-01; Ord. No. 98187, § 19, 9-18-03; Ord. No. 2008-09-11-0777C, § 4, 9-11-08)

Secs. 26-22—26-29. - Reserved.