For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Act.
The 1967 Clean Air Act, same being codified as Article 4477-5 of the state Revised Civil Statutes.
Air contaminant.
Any smoke, soot, fly ash, dust, cinder, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic or radioactive substances, waste particulate, any solid, liquid or gaseous matter or any combination thereof present in the outdoor atmosphere, but excluding uncombined water.
Air pollution.
The presence in the outdoor atmosphere of one (1) or more air contaminants or any combination thereof in sufficient quantities and of such characteristics and duration as is likely to be injurious to public welfare, to the health of human, plant or animal life or to property or which interferes with the enjoyment of life or property.
Ambient air standards.
The standards for the outdoor atmosphere, as provided for by this chapter.
Director.
The director of the department of public health of the city.
Emission.
The release into the outdoor atmosphere of air contaminants.
Jurisdictional area.
The area within the corporate limits of the city and the unincorporated area within five thousand (5,000) feet thereof, within which areas home rule cities are empowered by Section 19 of Article 1175 of the state Revised Civil Statutes to define and prohibit nuisances.
Person.
Any individual, partnership, co-partnership, firm, company, corporation, association, joint-stock company, trust, trust estate, political subdivision or any other legal representatives, agents or assigns.
Property.
Property means any real or personal property of any type.
Source.
Any and all points of origin of "air contaminants."
State board.
The state air control board, as created and established by the 1967 state Clean Air Act, same being codified as Article 4477-5 of the state Revised Civil Statutes.
Waste material.
Refuse, garbage, rubbish, other solid or liquid wastes and useless, unused, unwanted or discarded materials.
(Ordinance 1811, § 2)
The director shall perform or cause to be performed the following duties:
(a) 
Administer and enforce the provisions of this chapter with regard to air pollution control.
(b) 
Request that judicial proceedings be instituted to prosecute persons violating the provisions of this chapter, and to compel the prevention and abatement of air pollution and of nuisances arising therefrom.
(c) 
Examine and approved, or disapprove, the plans for:
(1) 
Equipment for the commercial burning of waste material or for the burning of waste material collected by the city waste material collection system;
(2) 
Equipment designed for burning fuel in commercial and industrial activities; and
(3) 
Equipment installed, repaired, constructed, reconstructed, altered or added to, to control or reduce air pollution from commercial, industrial, manufacturing and municipally operated activities, other than from motors and engines used in propelling land, water and air vehicles.
(d) 
Investigate complaints of violations of this chapter and make inspections of equipment described in paragraph (3) of subsection (c) of this section.
(e) 
Collect and disseminate information to the general public on air pollution.
(f) 
Encourage voluntary cooperation by persons and affected groups in the preservation and regulation of purity of the outdoor atmosphere.
(g) 
Work with planning and zoning agencies for the purpose of coordinating activities under the provisions of this chapter with planning and zoning activities, and foster the best possible management of the air resources of the city.
(h) 
Cooperate and work with the federal, state and local governmental agencies concerned with air pollution problems.
(Ordinance 1811, § 3)
The director may promulgate such rules and regulations as may be reasonable and necessary to enforce the provisions of this chapter. A copy of such rules and regulations (when and if promulgated), certified as to truth and accuracy by the director, shall be filed with the city secretary, who shall maintain such copy as a public record available for inspection.
(Ordinance 1811, § 4)
(a) 
The director may, from time to time, require the owner, lessee or operator of any source or suspected source within the jurisdictional area of the city to submit data thereon, for the purpose of evaluating the air pollution potential of such source or suspected source.
(b) 
All data and information identified as confidential when submitted, relating to secret processes or methods of manufacture or production, shall not be disclosed without the written consent of the person submitting it.
(Ordinance 1811, § 5)
(a) 
The city council hereby adopts and designates the Rules, Regulations and Variances of the Texas Clean Air Board; and the city council of the City of Irving, as governing body of said city, hereby authorizes the city and the director of the department of health or his designee, whenever it appears that a violation or threat of violation of any provision of Section 4.01 of the Texas Clean Air Act, or of any rule, regulation, variance or other order of the Texas Air Control Board has occurred or is occurring within the corporate limits of the city, in the same manner as the Texas Air Control Board, to cause to be instituted through the city's own attorney a suit for injunctive relief or civil penalties or both as authorized in subsection (a) of Section 4.02 of the Texas Clean Air Act against the person who committed or is committing or threatening to commit the violation.
(Ordinance 1811, § 6; Ordinance 3632, § 1, adopted 4/9/1981)
(a) 
The city council hereby adopts the following ambient air and emission standards for those air contaminants and activities which are specified below:
(1) 
Particulate matter from certain activities. Open storage and open processing operations, including on-site transportation movements, which are the source of windborne dust or other particulate matter, and the operation of equipment which generates suspended particulate matter, such as that used in paint spraying, grain handling, and/or gravel processing or storage, or sand blasting, shall be so conducted that dust and other particulate matter is not transported across the boundary line of the property on which the operation is conducted in visible emissions.
(b) 
Any person or business causing or permitting on their premises an operation conducted in violation of section 4-6(a)(1) on two (2) separate days shall be deemed guilty of creating a nuisance. The city may cause to be instituted a civil suit for injunctive and other appropriate relief to abate such nuisance.
(Ordinance 1811, § 7; Ordinance 3632, § 2, adopted 4/9/1981; Ordinance 5853, § 2, adopted 9/6/1990)
When not otherwise specified in this chapter or in the instruments incorporated herein, the procedures used for sampling air, determining the concentrations of air contaminants in the atmosphere and measuring emissions of air contaminants from any source, and the methods used in expressing the findings shall be those commonly accepted and employed by recognized authorities in the air pollution control field.
(Ordinance 1811, § 8)
No person shall cause, suffer, allow or permit within the jurisdictional area of the city, the emission of any air contaminants identified in sections 4-5 and 4-6 and the instruments incorporated therein, except as provided in this chapter and instruments incorporated herein.
(Ordinance 1811, § 9)
(a) 
In accordance with section 13 of the act, the director, his agents and employees are authorized to inspect the air and to go in and on public or private property within the jurisdictional area of the city for the purpose of determining whether or not the level of air contaminants in the area meet the levels set for such air contaminants by the state board or by this chapter. The director, his agents and employees may make inspections in the same manner and under the same provisions and restrictions as are applicable to the state board, to determine whether or not the emission of any air contaminant from any source meets the level set for such source by this chapter or by the state board, and whether or not a person is complying with the provisions of this chapter and with the rules, regulations, orders or determinations of the state board issued under the provisions of the act.
(b) 
The city attorney is hereby authorized to institute and prosecute civil actions in the appropriate district court, as provided in section 13 of the act, for injunctive relief to prevent continuing violations of this chapter or of the act or rules, regulations, determinations or orders of the state board.
(Ordinance 1811, § 10)
As the provisions of this chapter govern fire safety, zoning, public health, or sanitation, a violation of any of the provisions of this chapter shall be punishable by a fine not to exceed two thousand dollars ($2,000.00).
Each day any violation of any provision of this chapter continues shall constitute a separate offense.
(Ordinance 5853, § 2, adopted 9/6/1990)