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City of Dallas Ordinance Chapter 5A- Air Pollution

Sec. 5A-8. Registration fees.
Sec. 5A-9. Compliance order and emergency action.
Sec. 5A-10. Monitoring requirements.
Sec. 5A-11. Inspection of records.
Sec. 5A-12. Notice.
Sec. 5A-13. Nuisance.
Sec. 5A-14. Offenses.
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SEC. 5A-8. REGISTRATION FEES.

(a) Any person operating or maintaining a facility registered with the director under Section 5A-5(a) or (b) shall pay a nonrefundable registration fee for each calendar year. The fee shall be based upon the applicable facility class, or upon the facility source status. The fee for each calendar year must be paid by December 31 of the previous calendar year.

(b) The fee for each class of facility is as follows:

(c) The annual registration fee for a new facility will be prorated from the date on which operations begin to the end of the calendar year.

(d) If the annual registration fee is not received by the date due, the registration for the facility lapses, and a reinstatement fee of $50 must be paid in addition to the registration fee before the registration will be renewed.

(e) A person commits a separate offense each day that he fails to either register a facility or pay the appropriate registration fee for a facility by the date due. (Ord. Nos. 19647; 20612)

SEC. 5A-9. COMPLIANCE ORDER AND EMERGENCY ACTION.

(a) If the director determines that a source is in violation of the emission standard prescribed by Section 5A-7(a), (b) or (c), the director by written order may require a person who owns, controls, or manages the source to take such action as the director determines is necessary to promote or effect compliance with the emission standard.

(b) If the director determines that an imminent and serious threat to the public health or safety exists because of violation of Section 5A-7, the director may take or cause to be taken such immediate action as is necessary under the circumstances to abate the threat.

(c) Exercise of authority granted by this section is not a prerequisite to prosecution of an offense under Section 5A-14. (Ord. Nos. 15079; 18902)

SEC. 5A-10. MONITORING REQUIREMENTS.

(a) The director by rule may prescribe reasonable requirements for monitoring or measuring emission of air contaminants by a person who owns, controls, or operates a source that emits an air contaminant identified in Section 5A-7.

(b) The director by rule may prescribe reasonable requirements for maintaining records on monitoring or measuring emissions by a person who is required to monitor or measure emission of air contaminants under Subsection (a) of this section. (Ord. 15079)

SEC. 5A-11. INSPECTION OF RECORDS.

The director may examine during regular business hours such records as are required by state or city law or rule to be maintained in connection with the operation of air pollution or emission control equipment or facilities or in connection with the emission of air contaminants. (Ord. 15079)

SEC. 5A-12. NOTICE.

Notice required or authorized under this chapter must be served on the person to be notified either personally or by mailing to the person at the address last known to the director. The effective date of notice required or authorized under this chapter is the date that the notice is personally served or that the notice is postmarked, as the case may be. (Ord. 15079)

SEC. 5A-13. NUISANCE.

A violation of a standard prescribed by Section 5A-7 constitutes a nuisance. The city attorney may file suit to obtain such orders or process as are necessary to abate the nuisance. (Ord. 15079)

SEC. 5A-14. OFFENSES.

(a) A person commits an offense if he:

(1) refuses to submit information requested by the director under Section 5A-5(a); or

(2) violates a rule of the Texas Natural Resource Conservation Commission identified in Section 5A-6; or

(3) owns, controls, or manages a source that violates the emission standard prescribed by Section 5A-7(a), (b) or (c); or

(4) interferes with the director in the exercise of his authority under Section 5A-9(b); or

(5) violates a rule established under Section 5A-10; or

(6) refuses to allow or interferes with an inspection authorized under Section 5A-11;

(7) violates a variance or order granted or issued by the Texas Natural Resource Conservation Commission under the Texas Clean Air Act; or

(8) fails to register a used car lot in compliance with Section 5A-5.1.

(b) A culpable mental state is not required for the commission of an offense under this section unless the provision defining the offense expressly requires a culpable mental state.

(c) An offense committed under this section is punishable by a fine of not more than $2,000.

(d) A separate offense is committed each day in which an offense under this section occurs.

(e) If an enforcing officer designated by the director has probable cause to believe that a person has committed an offense under this section, the enforcing officer may issue the person a written citation requiring him to appear in municipal court to answer the charge against him. If, upon request by the enforcing officer, the person believed by the officer to have committed the offense refuses to promise to appear in court by signing the citation, the enforcing officer may cause the person to be arrested. The citation must include the name of the person cited for the offense, identification and date of offense alleged, and date of citation. The officer issuing a citation shall sign it.

(f) Prosecution for an offense under this section does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. (Ord. Nos. 15079; 18001; 18902; 19963; 20076; 22442