[1]
Editor's note-Ordinance 08-05-50was not specifically amendatory of the Code. The editor has treated these new provisions as superseding art. VIII, which contained similar provisions and derived from Ordinance 07-04-14, adopted April 17, 2007; and Ordinance 08-05-53, adopted May 20, 2008.
This chapter may be cited as the City of Frisco Clean Air Ordinance.
(Ordinance 08-05-50, sec. I, adopted 5/6/08)
It is the policy of the City of Frisco 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 affect this policy.
(Ordinance 08-05-50, sec. II, adopted 5/6/08)
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:
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.
Air pollution
means the presence in the atmosphere of one or more air contaminants in such concentration and of such duration:
(1) 
As to have or tend to have an injurious or adverse effect on human health or safety, animal or vegetable life, or property; or
(2) 
As to interfere with the normal use or enjoyment of animals, vegetation, or other property.
Director
means the director of the department designated by the Frisco 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.
Facility
means any stationary or portable source of air contaminants and includes the following classes.
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
Class "5" facility means a dry cleaner that uses trichloroethylene, perchloroethylene, or naphtha when conducting cleaning operations on clothing or other fabrics.
Nuisance
means one or more air contaminants, or combination thereof, in such concentration and of such duration as are, or may tend to be, injurious to, or to adversely affect, human health or welfare, animal life, vegetation, or property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property.
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. Used oil, regardless of source (e.g., industrial, commercial, or household), means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities (see 40 CFR 279.1).
(Ordinance 08-05-50, sec. III, adopted 5/6/08)
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 affect 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 will cooperate, in a manner consistent with the policy of this chapter, with other governmental agencies concerned with air pollution. The director will 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.
(Ordinance 08-05-50, sec. IV, adopted 5/6/08)
(a) 
Any person operating or maintaining an existing facility which emits or has the potential to emit air contaminants in the city shall register with the director and copy the director on all communications with state or federal agencies regarding air permits, air permit renewals, air permit modifications and amendments, environmental compliance, air emissions monitoring, and air emission controls.
(b) 
New or modified facilities.
(1) 
Any person proposing to construct a new facility or modify an existing facility, as defined in the Texas Clean Air Act, in the city so as to require a Texas Commission on Environmental Quality (TCEQ) permit shall register with the director within five business days of submittal of the TCEQ permit application.
(2) 
Any person proposing to construct a new facility in the city that is exempt from TCEQ permit requirements shall register with the director at least 60 days prior to beginning operation.
(c) 
The director may require, from time to time, a person whose activity causes emission of an air contaminant to submit to the director such additional information as the director considers necessary to evaluate the air pollution nature or potential of the activity.
(d) 
Except for official purposes, the director may not disclose information submitted under this chapter relating to secret processes or methods of manufacture or production, which information is identified as confidential when submitted, without the written consent of the person who submits the information.
(Ordinance 08-05-50, sec. V, adopted 5/6/08)
The city hereby adopts by reference the following rules of the Texas Commission on Environmental Quality ("TCEQ"), in their current form and as they may hereafter be amended, including the tables, graphs, figures, appendices, and other matter promulgated as part of the TCEQ's rules, all of which are incorporated by reference as though written fully word for word in this chapter. TCEQ rules are promulgated in the Texas Administrative Code, Chapter 30.
(1) 
30 TAC, Chapter 101, General Rules.
(2) 
30 TAC, Chapter 104, Bond Certification Criteria for Air Pollution Control Facilities.
(3) 
30 TAC, Chapter 106, Exemptions from Permitting.
(4) 
30 TAC, Chapter 111, (Regulation I) Control of Air Pollution from Visible Emissions and Particulate Matter.
(5) 
30 TAC, Chapter 112, (Regulation II) Control of Air Pollution from Sulphur Compounds.
(6) 
30 TAC, Chapter 113, (Regulation III) Control of Air Pollution from Toxic Materials.
(7) 
30 TAC, Chapter 114 (Regulation IV) Control of Air Pollution from Motor Vehicles.
(8) 
30 TAC, Chapter 115, (Regulation V) Control of Air Pollution from Volatile Organic Compounds.
(9) 
30 TAC, Chapter 116, (Regulation VI) Control of Air Pollution by Permits for New Construction or Modification.
(10) 
30 TAC, Chapter 117, (Regulation VII) Control of Air Pollution from Nitrogen Compounds.
(11) 
30 TAC, Chapter 118, (Regulation VIII) Control of Air Pollution Episodes.
(12) 
30 TAC, Chapter 119, (Regulation IX) Control of Air Pollution from Carbon Monoxide.
(13) 
30 TAC, Chapter 122, (Regulation XII) Federal Operating Permits.
(Ordinance 08-05-50, sec. VI, adopted 5/6/08)
(a) 
Odors (emission standard).
A stationary source may not emit beyond its property line an odor, as measured by the director, the strength of which equals or exceeds:
(1) 
Two odor units on a Barnaby-Cheney Scentometer;
(2) 
Two dilution-to-threshold (Dm units on a St. Croix Sensory Nasalranger, or equivalent units on an equivalent odor-testing device.
(b) 
Particulates (emission standard).
Neither a stationary source nor a portable source may emit nuisance level emissions beyond its property line as determined by USEPA Method 22. In addition, both a stationary source and a portable source must:
(1) 
Maintain all dust collection and fugitive controls in good working order at all times;
(2) 
Install and operate such controls at such times to control fugitives from aggregate stockpiles, transfer points, conveyor systems, and collection facilities (e.g., baghouses); and
(3) 
Meet the most stringent USEPA and TCEQ standards for Best Available Control Technology (BACT) applicable to the specific source.
(c) 
Used oil (fuel standard).
Neither a stationary source, nor a portable source within the corporate limits of the City of Frisco, Texas shall burn used or waste oil, regardless of the source of such used oil, for any purpose whatsoever.
(d) 
Additional regulations.
The director shall prescribe by rule such additional regulations as he determines are necessary to implement this section and may provide by rule for temporary suspension of the application of the air pollution standards prescribed by this section to a source that is operating under unusual conditions or circumstances that prevent compliance.
(Ordinance 08-05-50, sec. VII, adopted 5/6/08)
(a) 
Any person operating or maintaining a facility registered with the director under section 34-215 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:
Class "1" facility
$2,750.00
Class "2" facility
$2,140.00
Class "3" facility
$1,000.00
Class "4" facility
$350.00
Class "5" facility
$135.00
(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 $50.00 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.
(Ordinance 08-05-50, sec. VIII, adopted 5/6/08)
(a) 
If the director determines that a source is in violation of the emission standard prescribed by section 34-217, 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 34-217, 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 34-224.
(Ordinance 08-05-50, sec. IX, adopted 5/6/08)
(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.
(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.
(Ordinance 08-05-50, sec. X, adopted 5/6/08)
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.
(Ordinance 08-05-50, sec. XI, adopted 5/6/08)
Notice required or authorized under this chapter must be served on the person to be notified either personally, by facsimile, 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, facsimiled, or postmarked.
(Ordinance 08-05-50, sec. XII, adopted 5/6/08)
A violation of a standard prescribed by chapter constitutes a nuisance as that term is defined herein. The city attorney may file suit to obtain such orders or process as are necessary to abate the nuisance.
(Ordinance 08-05-50, sec. XIII, adopted 5/6/08)
(a) 
A person commits an offense if he:
(1) 
Refuses to submit information requested by the director under section 34-215(a);
(2) 
Violates a rule of the TCEQ identified in section 34-216;
(3) 
Owns, controls, or manages a source that violates the emission standard prescribed by this chapter;
(4) 
Interferes with the director in the exercise of his authority under this chapter;
(5) 
Violates a rule established under this chapter;
(6) 
Refuses to allow or interferes with an inspection authorized under this chapter; or
(7) 
Violates a variance or order granted or issued by the TCEQ under the Texas Clean Air Act.
(b) 
A culpable mental state is not required for the commission of an offense under this chapter unless the provision defining the offense expressly requires a culpable mental state.
(c) 
An offense committed under this chapter is punishable by a fine of not more than $500.00.
(d) 
A separate offense is committed each day in which an offense under this chapter occurs.
(e) 
If an enforcing officer designated by the director has probable cause to believe that a person has committed an offense under this chapter, the enforcing officer may issue the person a written citation requiring that person to appear in municipal court to answer the charge. If, upon request by the enforcing officer, the person believed by the enforcing 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 enforcing officer issuing a citation shall sign it.
(f) 
Prosecution for an offense under this chapter does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense.
(Ordinance 08-05-50, sec. XIV, adopted 5/6/08)