(a)
To
prevent the introduction of pollutants into any publicly owned treatment
works that will interfere with its operation.
(b)
To
prevent the introduction of pollutants into the municipal storm sewer
system or otherwise be incompatible with the waters of the United
States.
(c)
To
enable the control authority to comply with any and all federal or
state laws to which the city is subject.
(d)
For
the protection of human health and the environment.
(e)
This
article provides for monitoring, compliance and enforcement activities;
and the setting of inspection fees for the equitable distribution
of costs resulting from the program established herein.
(Ordinance 2011-35 adopted 10/10/11)
(a)
This
article sets forth uniform requirements for businesses engaged in
automotive-related activities in the city limits and its extraterritorial
jurisdiction. All references to “city” in this article
shall be interpreted to include it extraterritorial jurisdiction.
The following automotive-related activities will be regulated under
this article:
(1)
Automotive salvage yards;
(2)
New or used automobile sales, rental, or leasing;
(3)
Automotive parts sales, new or used, including, but not limited to,
tires, tubes, engines, transmissions, exhaust systems, radiators,
brakes and body parts, or any aftermarket or replacement parts;
(4)
Automotive repair and/or replacement shops, including, but not limited
to, tires, tubes, engines, transmissions, exhaust systems, radiators,
brakes and bodies;
(5)
Automotive front-end alignment shops;
(6)
Automotive paint and/or body shops;
(7)
Automotive oil change and lubrication shops;
(8)
Automotive washing, cleaning, polishing and detailing (excluding
self-serve carwashes);
(9)
Automobile holding yards; and
(10)
Inoperable vehicle holding yards.
(b)
In addition to subsection (a), any other groups or activities identified to be automotive by the North American Classification System or those activities determined by the planning and development director to be automotive related.
(c)
The
fire marshal and the planning and development director may exclude
certain automotive businesses or give a waiver upon written request
at his/her discretion.
(Ordinance 2011-35 adopted 10/10/11)
The following abbreviations, when used in this article, shall
have the designated meanings:
|
EPA
|
U.S. Environmental Protection Agency
|
|
POTW
|
Publicly Owned Treatment Works
|
|
TPDES
|
Texas Pollution Discharge Elimination System
|
(Ordinance 2011-35 adopted 10/10/11)
The following words and phrases, when used in this article,
shall have the meanings respectively ascribed to them:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
Any person engaged in the business of disassembling automobiles,
trucks, pickups, or any other motor vehicles for the purpose of resale
or reuse of any part thereof, and the keeping and maintaining of premises
in the city on which any act of salvage, resale or reuse is committed.
The City of Celina or any authorized person acting in its
behalf.
Solid waste (as defined in V.T.C.A., Health and Safety Code
§ 361.003) or other discarded materials.
The director of the department designated by the city manager
to enforce and administer this article or the director’s designated
representative.
Animal and vegetable wastes and residue from preparation,
cooking and dispensing of food; and from the handling, processing,
storage and sale of food products and produce.
Any matter which is or may be reasonably expected to be dangerous
to human health, the environment, or property, and shall include,
but not be limited to, those substances defined as hazardous waste
or material by federal or state agencies.
Waste resulting from any process of industry, manufacturing,
trade or business from the development of any natural resource, or
any mixture of the waste with water or normal wastewater or distinct
from normal wastewater.
Any motor vehicle which is inoperable, does not have lawfully
attached thereto both unexpired licenses plate or plates and a valid
motor vehicle safety inspection certificate, is wrecked, dismantled,
or partially dismantled, or that remains inoperable for a continuous
period of more than thirty (30) days.
Any land area susceptible to being inundated by floodwater
from any source.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
the designated height.
The system of conveyances (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches,
manmade channels, or storm drains) owned and operated by the city
and designed or used for collecting or conveying stormwater, and which
is not used for collecting or conveying sewage.
Any outlet into a watercourse, ditch, lake or other body
of surface water or groundwater.
The person, firm, or public or private corporation, using
the lot, parcel of land, building or premises, and who pays, or is
legally responsible for the payment of charges made against the said
lot, parcel of land, building or premises.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives,
agents, or assigns. This definition includes all federal, state and
local governmental entities.
A “treatment works,” as defined by section 212
of the Act (33 U.S.C. § 1292), which is owned by the city and/or
the control authority. This definition includes any devices or systems
used in the collection, storage, treatment, recycling and reclamation
of sewage or industrial wastes of a liquid nature and any conveyances
which convey wastewater to a treatment plant.
Any material regulated by the state and/or federal regulatory
agencies including, but not limited to, oils, petroleum products and
vehicle fluids.
The city manager or duly authorized representative of the
city manager.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
Shall is mandatory; may is permissive.
The state’s agencies that have the authority to adopt
and enforce any environmental rules necessary to carry out its powers
and duties under the laws of Texas.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
A device designed to skim, settle, or otherwise remove grease,
oil, sand, flammable wastes or other harmful substances.
Rejected, unutilized or superfluous substances in liquid,
gaseous, or solid form resulting from domestic, agricultural or industrial
activities.
A combination of the water-carried waste from residences,
business building, institutions and industrial establishments, together
with any ground surface and stormwater that may be present.
A natural stream flowing constantly or recurrently on the
surface of the earth in a reasonably defined channel.
(Ordinance 2011-35 adopted 10/10/11)
The city may adopt reasonable, nonrefundable fees for reimbursement
of costs of setting up and operating the city’s automotive-related
business program which include:
(1)
Yearly inspection fee for all automotive-related businesses which, shall be set forth in the fee schedule found in appendix A of this code.
(2)
Bulk storage fee as set forth in the fee schedule found in appendix A to be paid by the first of January each year for all auto related businesses.
(3)
Monitoring
fees for sampling and analysis which shall cover the cost to the city
and shall include, but not be limited to, the cost of labor, equipment,
supplies, laboratory charges, and federal reporting requirements.
These fees relate solely to the matters covered by this article and
are separate from all other fees, fines and penalties chargeable by
the city.
(4)
This
fee may appear on the monthly water/sewer bills and relates solely
to the matters covered in this article and are separate from other
fees chargeable by the city.
(Ordinance 2011-35 adopted 10/10/11)
The following regulations shall apply to all automotive-related
operations in the city and it shall be unlawful to operate such business
in any manner not in accordance with the terms contained herein:
(1)
The
certificate of occupancy issued by the city, for automotive-related
businesses shall be plainly displayed on the business premises and
activities on the premises shall be as stated on the certificate of
occupancy.
(2)
No
space shall be used for the salvaging of parts.
(3)
Weeds
and vegetation on the premises, other than trees, shall be kept at
a height of not more than twelve (12) inches.
(4)
No
debris shall be allowed to accumulate unless in an approved container.
(5)
No
junk, parts or vehicles shall be allowed to rest upon or protrude
over any public street, walkway, or curb, or become scattered or blown
off the business premises.
(6)
Combustible
materials of any kind not necessary or beneficial to the business
shall not be kept on the premises; nor shall the premises be allowed
to become a fire hazard.
(7)
No
automobile or other material shall be burned on the premises.
(8)
All
vehicle or vehicle part washing operations discharges shall be to
the sanitary sewer system through an approved sand/grit trap.
(9)
All
industrial waste shall be waste characterized and disposed of in accordance
with local, state and federal regulations.
(10)
All facilities shall have any stormwater authorization as required
by any local, state and/or federal requirements. All covered facilities
shall be in compliance with all federal and state stormwater discharge
permitting and management regulations.
(11)
All facilities shall have any air authorization as required by any
local, state and/or federal requirements. All covered facilities shall
be in compliance with all federal and state air discharge permitting
and management regulations.
(12)
All premises shall be maintained in such a manner as to not allow
any standing water at any time.
(13)
All potable water, sanitary sewer and septic system lines shall be
maintained. No leaking water or wastewater from the system shall be
allowed to discharge to the ground.
(14)
All drum or other containers used for the storage of regulated materials
shall be marked with the name, address and phone number of the business.
(15)
Used oil generators shall comply with state regulations to register
as a “used oil collection center” and used oil filter
generators shall comply with state regulations to register as a “used
oil filter collection center.”
(16)
All drums or containers containing waste must be labeled in accordance
with state and federal regulations.
(17)
Any discarded hazardous or other regulated liquid, semi-liquid, or
solid waste may not accumulate or be present beyond any time frames
established by state and/or federal regulations.
(19)
All disposal manifests must be kept on site for three (3) years and
available for review upon request.
(20)
All facilities that generate, transport, or retail used or scrap
tires must have a waste tire generator identification from the state
environmental regulatory authority.
(21)
Tires shall only be removed by a state registered waste tire hauler.
(22)
Nonpotable water or sources shall not be cross connected with the
potable water supply.
(23)
Outside repair of vehicles is prohibited.
(24)
No more than two (2) inoperable vehicles shall be allowed to be stored outside. All facilities are subject to and must be in compliance with article 8.08 of this code, relating to junked vehicles.
(25)
All spills anywhere on the property shall be cleaned immediately.
No liquids or wastes may be allowed to accumulate on the ground or
outside of approved containers.
(Ordinance 2011-35 adopted 10/10/11)
In compliance with federal, state and other statutes, the regulatory
authority may designate storm sewers, and other watercourses into
which unpolluted drainage may be discharged. It shall be unlawful
for any person, owner, tenant, or employee, to commit such acts as
listed below:
(1)
Unless
authorized by a federal or state permit and with the approval of the
regulatory authority, no person may discharge any wastewater, industrial
waste, polluted, or unpolluted liquids on public or private property
in or adjacent to any natural outlet, watercourse, storm sewer, or
other area.
(2)
Discharge
or deposit, upon any public or private property, any industrial, chemical,
hazardous, or other regulated waste.
(3)
Permit
any vehicle engine fluids, oils, greases, vehicle fuels, or like material
to be discharged or deposited on the ground.
(4)
Allow
any waste hauler not registered by either the local, state, and/or
federal authority to take off the premises any waste products.
(5)
Discharge
into a private sewage system any industrial or chemical waste.
(6)
Allowing
any grass clippings, leaves, or any debris to collect on any curb,
gutter, storm inlet, storm drain, or watercourse.
(7)
Discharge
any material prohibited by the Texas Water Code or any material that
may cause a violation of the Texas Surface Water Quality Standards.
(8)
Discharge
of any vehicle wash from any commercial property.
(9)
Discharge
from any sanding activities or grinding, cutting, sawing of any materials
that result in fine particle dust on the ground outside of any enclosed
facilities. All discharge and resulting materials shall be collected
and disposed of properly.
(10)
Introduce or cause to be introduced to the municipal storm sewer
system any sediment, dust or other solid material from any activity
not intended for outside disposal or accumulation.
(11)
Discharging of cooling, compressor, or boiler blow down water to
any area other than the sanitary sewer.
(12)
The storage or parking of any vehicle, operable or inoperable, or
any portion of such vehicle on the public right-of-way.
(13)
Vehicles shall not be parked or stored to impede traffic on the sidewalk
or to block a portion of the roadway. Vehicles parked or stored on
the right-of-way in violation of this article for a period in excess
of forty-eight (48) hours will be towed to a city-approved vehicle
storage facility and charges will be assessed for such expenses.
(14)
Any tires or tire parts without rims shall not be stored outside
or in a manner in which they will be exposed to the elements.
(15)
Materials used in repair, inoperable vehicles, vehicle parts, or
any other related materials shall not be stored outside an enclosed
building at a body shop, automotive repair shop, or used car lot,
unless the business has a duly issued certificate of occupancy that
specifically allows such storage or use.
(16)
The practice of storing salvaged parts of such vehicles and/or the
salvaging of any used parts of such vehicles is specifically prohibited.
(Ordinance 2011-35 adopted 10/10/11)
The city’s representative(s) shall have the right to enter
the premises of any person to determine whether that person is compliance
with all requirements of this article. Persons shall allow inspecting
or monitoring personnel ready access to all parts of the premises
for the purposes of inspection, monitoring, records examination and
copying, and the performance of any additional duties. Any information
concerning a requirement under this article, including, but not limited
to water testing data, construction records, state registrations,
environmental and closure records, shall be made readily available
upon request.
(1)
Where
security measures are in force which requires proper identification
and clearance before entry into the premises, that person shall make
necessary arrangements with its security guards so that, upon presentation
of suitable identification, the city’s representative will be
permitted to enter without delay for the purposes of performing specific
responsibilities.
(2)
The
city’s representatives shall have the right to set up on any
person’s property such devices as are necessary to conduct monitoring
of any person’s operations.
(3)
Unreasonable
delays in allowing inspecting or monitoring personnel access to any
person’s premises shall be a violation of this article.
(Ordinance 2011-35 adopted 10/10/11)
(a)
Any
person, firm, or corporation who violates any provision of this article
or any permit issued under this article is guilty of a misdemeanor
and upon conviction is punishable by a fine of up to two thousand
dollars ($2,000.00) as provided in this code, or any amendment thereto
or renumbering thereof, for violations of public health for each act
of violation and for each day of violation.
(b)
Any
person, firm, or corporation who obstructs, impedes, or interferes
with a representative of the city, with a representative of a city
department, with surveillance equipment, or with a person who has
been ordered to abate a situation pursuant to this article and who
is lawfully engaged in such abatement is guilty of a misdemeanor and
upon conviction is punishable by a fine of up to two thousand dollars
($2,000.00) as provided in this code, or any amendment thereto or
renumbering thereof, for violations of public health for each act
of violation and for each day of violation.
(c)
In addition to proceeding under authority of subsections (a) and (b) of this section, the city is entitled to pursue all criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person, firm, or corporation that remains in violation of this article.
(d)
The
city may disconnect the water service for violation of this article.
(Ordinance 2011-35 adopted 10/10/11)
The regulatory authority reserves the right to establish, by
ordinance more stringent standards or requirements on discharges than
the Resource Conservation and Recovery Act.
(Ordinance 2011-35 adopted 10/10/11)
If the regulatory authority has been refused access to a building,
structure, or property, or any part thereof, and is able to demonstrate
probable cause to believe that there may be a violation of this article,
or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the city designed to verify compliance
with this article or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, then
the regulatory authority may seek issuance of a search warrant from
the appropriate court.
(Ordinance 2011-35 adopted 10/10/11)
All owners/occupants are subject to fees for the abatement of
hazardous conditions if the owner/occupant fails to comply with this
article.
(Ordinance 2011-35 adopted 10/10/11)
The remedies provided for in this article are not exclusive.
The regulatory authority may take any, all, or any combination of
these actions against a noncompliant user.
(Ordinance 2011-35 adopted 10/10/11)
(a)
No
officer, agent, or employee of the city shall be personally liable
for any damage that may accrue to persons or property as a result
of any act required or permitted in the discharge of such person’s
duties under this article.
(b)
Any
suit brought against any officer, agent, or employee of the city as
a result of any act required or permitted in this discharge of such
duties under this article shall be defended by the city attorney until
the final determination of the proceedings therein.
(Ordinance 2011-35 adopted 10/10/11)
