AMENDING THE CITY OF LAREDO
CODE OF ORDINANCES, CHAPTER 33, ARTICLE II, AND iII ENTITLED, “Storage, handling
and transfer of hazardous materials”, AND “Transportation of Hazardous
MATERIALS” respectively; CHANGING ADMINISTRATION TO THE ENVIRONMENTAL SERVICES
DEPARTMENT; ADDING AND DELETING DEFINITIONS IN §33-20; INCREASING THE LATE
PAYMENT PENALTY TO $200.00 IN §33-43; ADDING §33-56 AND §33-57 ENTITLED
“HAZARDOUS WASTE MANAGEMENT PLANS” AND “HAZARDOUS WASTE INVENTORY STATEMENTS” respectively;
DELETING ARTICLE III ENTITLED “Transportation of Hazardous MATERIALS” AND MOVING
IT TO CHAPTER 19 ENTITLED “MOTOR VEHICLES AND TRAFFIC” BY ADDING ARTICLE xiii;
PROVIDING FOR severability, PUBLICATION, AND AN EFFECTIVE DATE.
Whereas, the Environmental Services Department was created
to oversee the hazardous materials permitting and stormwater management, and;
Whereas, the administration of Chapter 33, Sections I and II
are under the direction of the Environmental Services Department and its Director,
and;
Whereas, a delinquent fee is necessary to ensure timely permit
renewal and payment and to minimize permit administration costs, and;
Whereas, reorganization of chapter 19 section 13 will provide
for more efficient enforcement of said chapter;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section
1: Amending the Following:
Chapter 33, Article II, and III entitled Storage
Handling and Transfer of Hazardous Materials”, and “Transportation of Hazardous
Materials” respectively; changing administration to the Environmental Services
Department; adding and deleting definitions in §33-20; increasing the late
payment penalty to $200.00 in §33-43; adding §33-56 and §33-57 entitled
“Hazardous Waste Management Plans” and “Hazardous Waste Inventory Statements”
respectively; deleting Article III entitled “Transportation of Hazardous
Materials” and moving it to Chapter 19 entitled “Motor Vehicles and Traffic” by
adding Article XIII.
Chapter 33 ENVIRONMENTAL PROTECTION
Art. I. In
General, §§ 33-1--33-15
Art. II. Storage,
handling and transfer of hazardous materials, §§ 33-16--33-230
Div. 1.
Generally, §§ 33-16--33-40
Div. 2.
Permits, §§ 33-41--33-160
Subdiv. I. In
General, §§ 33-41--33-70
Subdiv. II.
Long Term Storage Facilities, §§ 33-71--33-100
Subdiv. III.
Short Term Storage Facilities, §§ 33-101--33-120
Subdiv. IV.
Temporary Storage Facilities, §§ 33-121--33-140
Subdiv. V.
Underground Petroleum Tanks, §§ 33-141--33-160
Div. 3. Unauthorized
Discharges, §§ 33-161--33-190
Div. 4. Out of
Service Storage Facilities, §§ 33-191--33-210
Div. 5.
Inspection and Enforcement, §§ 33-211--33-230
Art. III.
Transportation of Hazardous Materials, §§ 33-231, 33-232
ARTICLE I. IN GENERAL
SECTION 33-1. Citizen’s
Environmental Advisory Committee.
a. The Citizen’s Environmental Advisory Committee (CEAC) is
hereby established.
b. Definitions.
The following terms, words, and abbreviations shall have
the meanings given herein. When not inconsistent with the context, words used
in the present tense include the future, words in the plural include the
singular words in the singular, include the plural, and the use of any gender
shall be applicable to all genders. The
words “shall” and “will” are mandatory and the word “may” is permissive. Words not defined herein shall be given
their common and ordinary meaning, except that technical words and terms used
in the environmental engineering industry shall be given the meaning common to
that industry.
1. “Chairperson”
means the Chairperson of the Citizen’s Environmental Advisory Committee where
the context clearly indicates that the chairperson of a committee is intended.
2. “Committee”
means the Citizen’s Environmental Advisory Committee, as established by this
Ordinance.
3.
“Communications Officer” means the Environmental Manager or his
designee.
c Membership, Term of Office, Method of Appointment, and
Ex-officio Memberships.
1. The
members of the Committee shall include nine (9) members who shall be a resident
of the City of Laredo, appointed by the City Council.
2. All
members shall serve a term concurrent with that of the mayor or council member
appointing them, and they shall continue in office until their successors are
duly appointed, so long as this does not exceed eight years.
3. If a
committee member’s position becomes vacant due to death, discontinuance of the
committee member’s eligibility to serve, or his/her incapacity or unwillingness
to serve for any reason, the Council shall
fill the vacancy for the un-expired term, by appointment.
4. A member
shall be entitled to serve more than one term so long as that term does not
exceed eight years.
5. The
Environmental Manager shall serve, ex-officio, as non-voting member of the Committee,
but may not serve as Chairperson of the Committee.
d. Chairperson and Other Officers, Committees.
1. The
Chairperson shall be elected annually by majority vote, and shall serve for a
calendar year, and shall be eligible for re-election.
2. The
Committee may establish such other officer’s, as the Committee may deem
necessary.
3. The
Committee may establish by motion such sub-committee’s, as it deems
necessary. The Chairperson shall
appoint the members and chairpersons of all such sub-committees.
e Environmental Manager.
An environmental manager
shall be appointed by the City Manager and shall serve as staff of the
Committee.
f. General Authority.
1. The
Committee shall have authority to request inquiries, surveys, investigations,
and the like; to receive testimony of witnesses; hold public hearings; and may
require any permitee or co-permitee to produce and submit any documents,
papers, books of account, or other records pertaining to the environmental
ordinances, regulations or policies of the City.
2. The
Committee shall prepare and submit reports and recommendations to the City
Manager or to the City Council, at its discretion.
3. The
Committee shall advise the Environmental Manager or any permitee or co-permitee
concerning any matter pertaining to environmental ordinances, regulations or
policies of the City, including state and federal environmental laws.
4.
The Committee shall have authority to seek advice or opinion of any city
officer or department, including the City Attorney, regarding any question of
law, fact or administrative procedure.
g.
Duties with Regard to Environmental Protection.
1. The
Committee shall ensure compliance with all provisions of local ordinances and
state law and shall report any violations of failures of compliance to the City
Council.
2 The
purview of the Committee shall include all aspects of the environment including
water, air, soil, watershed, wildlife, wetlands and native vegetation as they
are affected by industrial, commercial and residential development; operations
of manufacturing or packaging facilities; operations of transportation and
storage facilities; waste disposal; and any other action that has an impact on
the environment.
3. As deemed
necessary, the Committee shall conduct surveys of the general population of the
City, by such methods and procedures as the Committee may devise, to ascertain
the public’s interest, convenience, and need for environmental protection and
similar environmental issues; and shall report the findings of such surveys to
the City Council, with
recommendations, if any, for action by the Council.
4. The
Committee shall prepare and submit reports to the Council for use in the
performance evaluation. Said reports
shall contain information concerning the permitee or co-permitee’s performance
according to the provisions of local environmental ordinances, state and
federal environmental laws; and such other matters as the Committee deems would
warrant the Council’s attention; and such recommendations as the Committee
wishes to place before the Council.
Said reports shall be submitted not less than thirty (30) days before
the scheduled performance evaluation.
Further, the Chairperson of the Committee shall appear during the
performance evaluation, and shall present orally the significant findings of
the Committee, and shall be prepared to answer the questions of the Council or
the permitee or co-permitee.
5.
The Committee shall from time to time conduct technical tests, by such
methods and procedures as the Committee may devise, to ascertain if the
permitee’s or co-permitee’s operations meet all current federal, state and
local environmental laws and standards.
6.
The Committee shall receive complaints and grievances from citizens,
concerning any matter relating to the operations of any permitee or
co-permitee; shall advise the permitee and co-permitee on steps that may be
taken to resolve such complaints, and shall report in summary form to the City
Council on all complaints or grievances received and their resolutions.
7.
The committee shall also meet and rule on appeals according to section
33-54.
8.
The committee shall follow the adopted “Priority Procedures for the
Mayor and City Council Laredo, Texas” for all the meetings.
h. Budget.
a. The
Committee may solicit and acquire funds from diverse sources to support its
various purposes. The Committee may
seek grants form public agencies and private sources, subject to approval of
the City Council.
b. All funds
received by the commission from whatsoever source shall be transmitted to the
City Finance Department. No
disbursement shall be made except according to the annual budget as approved by
City Council or for the specific purpose specified by the grantor.
i. Meetings.
a.
The Committee shall meet not less than once each month at such time and
place, as the Chairperson shall designate.
Notice of each meeting shall be posted pursuant to the Texas Open
Meetings Act.
b.
The Committee shall elect officers at its first meeting and then at its
first meeting in January of every year thereafter. First officers may include a chairperson,
vice-chairperson, and such other officers.
c. A quorum
for any meeting shall be four members (not including any ex-officio non-voting
member of the Committee).
d. All
meetings shall be conducted according to Robert’s Rules of Order. All members will familiarize themselves with
Robert’s Rules of Order so that the meeting can be conducted in an orderly and
efficient manner.
e. The
agenda for each meeting shall be established by the Chairperson in consultation
with the Environmental Manager. Any
member of the committee voting or non- voting
shall have the right to place any proper items of business on the agenda, by so
requesting of the Chairperson before notice of the meeting is published.
f. Attendance
at regular and special called meetings of the Committee is mandatory. Any member who knows in advance that he or
she will be unable to attend a meeting shall so notify the Chairperson. Any member who is absent with prior notice
shall notify the Chairperson at the earliest possible time of the reason or the
absence. The Committee shall determine the reasonableness and acceptability of
any absence, and shall excuse any absence it considers unavoidable or
reasonable.
g. The
agenda for each regular meeting shall include Citizen Communications, and at
the time reserved for this purpose any person may come before the
committee. The Chairperson may limit
the time allotted to each speaker, but not less than three minutes per speaker,
and not in a manner that discriminates against any person.
h. A member
may be removed from office before the end of his or her term by action of the
City Council for any good cause, and in particular for any of the following
causes:
(1) Failure
to attend three or more regularly scheduled meetings of the Committee, without
giving notice in advance of his intended absence (except when an emergency
arises that makes the giving of notice impracticable), and without having an
adequate excuse acceptable to the Committee;
(2)
Having a vested interest in a permitee or co-permitee, whether or not
such interest existed at the time of appointment, or having any other conflict
of interests such as to render his or her service on the Committee illegal or
improper;
(3) Failure
to attend properly to the duties of the Committee, to comply with the
provisions of this Ordinance. If a
member is removed from office, the office shall be filled in the manner
provided above.
(Ord. No. 97-332, § 1,
1-5-98; Ord. No. 2001-O-040, § 1(Ex. A), 2-20-01)
Sec. 33-2. Federal statutes
and regulations adopted.
References to federal statutes and regulations which are
specifically cited in this chapter are hereby adopted and incorporated by
reference as fully and completely as if set forth herein.
(Ord. No. 97-332, § 1, 1-5-98)
Secs. 33-3--33-15. Reserved.
ARTICLE II. STORAGE, HANDLING AND TRANSFER OF HAZARDOUS
MATERIALS
DIVISION 1.
GENERALLY
Sec. 33-16. Purpose.
The purpose of this chapter is to
protect the health, safety, welfare, resources and property of the general
public through prevention and control of unauthorized discharges of hazardous
materials. This article is also meant to ensure the suitable and secure storage
of hazardous materials and for the protection and safety of emergency response
personnel of the city.
(Ord. No.
97-332, § 1, 1-5-98)
Sec. 33-17. Scope of application.
This article shall apply within the
limits of the city.
(Ord. No.
97-332, § 1, 1-5-98)
Sec. 33-18. Exemptions.
The provisions of this article shall
not apply to the following:
(1) Retail products. Hazardous materials
when contained solely in consumer products packaged for distribution to, and
used by, the general public or commercial products used at the facility solely
for janitorial or minor maintenance purposes.
(2) Feed. Hazardous materials when contained
in a substance intended for use as animal feed.
(3) Work station. Hazardous materials
located at a work station in a quantity reasonably required for use in such
work as determined by the fire chief Environmental Director or
his/her designee under the circumstances.
(Ord. No.
97-332, § 1, 1-5-98)
Sec. 33-19. Professional designs, studies and test.
The fire chief Environmental
Director or his/her designee may reasonably require persons or entities
subject to this article to do the following at the said person's or entity's
sole expense as proof of compliance with this article:
(1) Conduct
tests or provide test reports by an approved testing laboratory or other
approved agency.
(2) Submit
designs, studies, specifications, engineering plans, or technical opinions of
an approved qualified independent engineer legally registered under the laws of
this state regulating the practice of engineering who shall affix his/her official
seal on the said item.
(Ord. No.
97-332, § 1, 1-5-98)
Sec. 33-20. Definitions.
For the purposes of this article II
and article III only, the following terms, words and phrases, and their
derivations, shall have the meanings set forth below, except where the context
clearly indicates a different meaning:
Abandoned,
when referring to a storage facility, means out of service and not safeguarded
in compliance with this article.
City
means the City of Laredo, Texas.
CEC
means the City of Laredo Citizen's Environmental Committee.
CEAC means the City of Laredo
Citizens’ Environmental Advisory Committee.
CFR
means the United States Code of Federal Regulations.
Disposal
Facility Contractor means a Hazardous Waste Treatment, Storage, and
Disposal Facility.
EPA
means the United States Environmental Protection Agency.
EPA
identification number means the number used by the state and federal government
to keep track of handlers of hazardous waste.
EPA ID means the EPA
Identification Number
ERP
means an emergency response plan.
Environmental
Services Department means the City of Laredo Environmental Services
Department.
Environmental
Director means the administrative head of the city Environmental
Services Department and or his authorized representative.
Existing
long term storage facility means a long term storage facility in existence
as of the effective date of the ordinance from which this article derives or
for which a building permit was issued prior to the effective date of the
ordinance from which this article derives.
Fire
chief means the administrative head of the city fire department or his
authorized representative(s).
Fire department means the City of
Laredo Fire department.
Conditionally
Exempt Small Quantity Generator means a facility that generates less than 220 pounds (100
kilograms) of hazardous waste or less than 2.2 lbs (1 kg) of acute
hazardous waste per month or less than 220 pounds of spill residue per month.
CESQG means
conditionally exempt small quantity generator.
Hazard
class means the category of hazard assigned to a hazardous material under
the definitional criteria of 49 CFR part 173 and the provisions of the table
included at 49 CFR part 172.101. A material may meet the definition criteria
for more than one (1) hazard class but is assigned to only one (1) hazard
class.
Hazardous
materials means any substance or product collectively or individually
which:
(1) Has
been determined by the U.S. Secretary of Transportation to be capable of posing
an unreasonable risk to health, safety and property when transported in
commerce, and which has been so designated;
(2) Is
a hazardous substance;
(3) Is
a hazardous waste;
(4) Is
a marine pollutant;
(5) Is
an elevated temperature material as defined in 49 CFR § 171.8;
(6) Is
designated as hazardous under the provisions of 49 CFR part 172.101;
(7) Meets
the defining criteria for hazard classes and divisions in 49 CFR part 173;
(8) Is
listed on the list of EPA pollutants, 40 CFR part 141.15, as amended;
(9) Is
listed in 40 CFR § 261.4, as amended;
(10) Is
classified by the National Fire Protection Association (NFPA) or under the Standard
Fire Prevention
Code as either a flammable liquid, a class II combustible liquid or a class
IIIA combustible liquid;
(11) Has
been determined to be hazardous based upon any appraisal or assessment by or on
behalf of the party storing this material in compliance with the requirements
of the EPA, or which should have been, but was not, determined to be hazardous
due to the deliberate failure of the party storing the material to comply with
the requirements of the EPA;
(12) Has
been designated by the Occupational Safety and Health Administration to be
hazardous or for which an MSDS is required to be prepared and maintained; or
(13) Has
been determined by the party storing it, through testing or other objective
means, to be likely to create a significant potential or actual hazard to
public health, safety or welfare.
Hazardous
Materials Transportation Act shall have the same meaning as that given in
49 CFR.
Hazardous
substance shall mean any material, including its mixtures and solutions,
that is listed in 49 CFR part 172.101, Appendix A; is in a quantity which meets
and/or exceeds the reportable quantity listed in 49 CFR part 172.101, Appendix
A; or is mixed in solution in concentrations which meet or exceed the
following:
|
Reportable Quantities
in lbs. (Kgs.) |
Concentration by Weight |
|
|
|
Percent |
PPM |
|
5000 (2270) |
10 |
100,000 |
|
1000 (454) |
2 |
20,000
|