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City of Dallas Ordinance Chapter 5A- Air Pollution

Sec. 5A-5. Air pollution information required.
Sec. 5A-5.1. Used car lots: registration required; fees.
Sec. 5A-6. Texas Natural Resource Conservation Commission rules.
Sec. 5A-7. City air pollution standards.
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SEC. 5A-1. SHORT TITLE.

This chapter may be cited as the Dallas Clean Air Ordinance. (Ord. 15079)

SEC. 5A-2. DECLARATION OF POLICY.

It is the policy of the city of Dallas to safeguard the air resources of the city from air pollution and to promote the protection of the health, safety, general welfare, and physical property of the people within the city by regulating emission of air contaminants and by controlling or abating air pollution. The provisions of this chapter are to be construed, according to the fair import of their terms, to effect this policy. (Ord. 15079)

SEC. 5A-3. CHAPTER DEFINITIONS.

The definition of a term in this section applies to each grammatical variation of the term. In this chapter, unless the context requires a different definition:

(1) AIR CONTAMINANT means dust, fumes, gas, mist, odor, particulate matter, toxic materials, smoke, or vapor, individually or in combination, that is produced by a process other than natural.

(2) AIR POLLUTION means the presence in the atmosphere of one or more air contaminants in such concentration and of such duration:

(A) as to have or tend to have an injurious or adverse effect on human health or safety, animal or vegetable life, or property; or

(B) as to interfere with the normal use or enjoyment of animals, vegetation, or other property.

(3) DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter and includes representatives, agents, or city employees designated by the director to assist in the enforcement and administration of this chapter.

(4) FACILITY means any stationary source of air contaminants and includes the following classes.

(A) Class "1" facility means a stationary source of air contaminants whose actual emissions at design capacity are greater than or equal to 100 tons per year of any pollutant.

(B) Class "2" facility means a stationary source of air contaminants whose uncontrolled emissions at design capacity would be greater than or equal to 100 tons per year for any pollutant, but whose actual emissions are less than 100 tons per year.

(C) Class "3" facility means a stationary source of air contaminants whose uncontrolled emissions at design capacity are less than 100 tons per year, but greater than or equal to five tons per year.

(D) Class "4" facility means a facility whose uncontrolled emissions at design capacity are less than five tons per year but whose emissions are significant, or have the potential to be significant, or have a potential to be a nuisance.

(E) Class "5" facility means a dry cleaner that uses trichloroethylene, perchloroethylene, or naphtha when conducting cleaning operations on clothing or other fabrics.

(5) PERSON means an individual; corporation; government or governmental subdivision; or agency, trust, partnership, or two or more persons having a joint or common economic interest.

(6) USED CAR LOT means a facility or location where used automobiles, trucks, vans, or recreational vehicles are displayed for sale or lease. (Ord. Nos. 15079; 17226; 17344; 19647; 20076; 20612; 21144)

SEC. 5A-4. GENERAL AUTHORITY AND DUTY OF DIRECTOR.

The director is the principal air pollution control officer of the city. The director shall implement and enforce this chapter and may establish such rules, not inconsistent with this chapter, as he determines are necessary to discharge his duty under, or to effect the policy of, this chapter. The director shall evaluate the effect of proposed zoning changes on air pollution and shall endeavor to coordinate his activities with those of the city planning and zoning agencies in order to achieve optimum management of the air resources of the city. The director is encouraged to cooperate, in a manner consistent with the policy of this chapter, with other governmental agencies concerned with air pollution. The director is encouraged to publicize information on air pollution data, administrative hearings, progress in abatement programs and decisions affecting pollution control, and to inform and cooperate with citizen groups and industry associations concerned with air pollution. The director shall recommend to the city manager enforcement measures and policies to achieve and maintain air quality in the city of Dallas. (Ord. 15079)