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Home My WebLink AboutO-1989-1634 . . ORDINANCE NO. 1634 AN ORDINANCE ESTABLISHING HAZARDOUS WASTE INCINERATOR SITING REQUIREMENTS; PROVIDING ANY PERSON, FIRM OR CORPORATION WHO VIOLATES ANY PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDE- MEANOR, AND UPON CONVICTION SHALL BE FINED NOT MORE THAN $200.00; PROVIDING CIVIL REMEDIES; PROVIDING FOR CONFLICT WITH OTHER LAWS AND ORDINANCES; PROVIDING A SAVINGS. CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION OF ITS CAPTION AS REQUIRED BY LAW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. DEFINITIONS Unless otherwise defined herein, terms used herein which are defined in either Section 2 of the Texas Solid Waste Disposal Act, TEX. REV. CIV. STAT. ANN. art 4477-7 (Vernon Supp. 1988) or Section 260.10 of the Environmental Protection Agency (EPA) Regulations, 40 C.F.R. S 260.10 (1988), shall have the meaning set out therein. In the event of any conflict between the definitions in the Texas Solid Waste Disposal Act and those in the EPA Regulations, the EPA Regulations shall control. Section 2. HAZARDOUS WASTE INCINERATOR SITING REQUIREMENTS A. From and after the effective date hereof: (1) No hazardous waste incinerator facility may be located within one thousand (1,000) feet of an estabished residence, church, school, or dedicated public park which is in use at the time of the earlier to occur of: (a) the filing of a notice of intent to file an application for the hazardous waste incinerator facility or (b) the filing of an application with the Texas Water Commission for a hazardous waste facility permit for the hazardous waste incineration facility. (2) No hazardous waste incinerator facility which accepts for treatment, storage, or disposal, hazardous waste generated off-site, and which has a design operating capacity in excess of fifty million (50,000,000) BTU per hour may be located within six thousand (6000) feet of an established residence, church, school, or dedicated public park which is in use at the time of the earlier to occur of: (a) the filing of a notice of intent to file an application for . . ORDINANCE NO. 1634 Page 2 the hazardous waste incinerator or (b) the filing of an application with the Texas Water Commission for a hazardous waste permit for the hazardous waste incinerator. (3) No hazardous waste incinerator facility which accepts for treatment, storage, or disposal, hazardous waste generated off-site, and which has a design operating capacity in excess of seventy-five million (75,000,000) BTU per hour may be located within ten thousand (10,000) feet of an established residence, church, school, or dedicated public park which is in use at the time of the earlier to occur of: (a) the filing of a notice of intent to file an application for the hazardous waste incinerator or (b) the filing of an application with the Texas Water Commission for a hazardous waste permit for the hazardous waste incinerator. B. The provisions of this Section 2 shall not apply to any hazardous waste incineration facility or hazardous waste incinerator for which either: (a) a notice of intent to file an application, or (b) an application for a hazardous waste facility permit, has been filed with the Texas Water Commission as of September 1, 1985. C. The provisions of this Section 2 shall not apply to any solid waste facility which is in existence as of the date this ordinance would otherwise become applicable to the facility, provided the facility is operated in substantial compliance with all applicable state and county regulations. A facility shall be considered "in existence" as of a particular date only to the extent: (a) of then - current state and federal operating authorization for operational units, structures, other appurtenances and improvements used for the storing, processing or disposing of solid waste and (b) that such operational units, structures, other appurtenances and improvements so authorized actually are, on or within ninety (90) days of the particular . e ORDINANCE NO. 1634 Page 3 date, in use for the storing, processing or disposing of solid waste so authorized. Provided, however, that a subsequent change in the use of, or maintenance or replacement of or modification to such operational units, structures, other appurtenances or improvements which does not require the issuance or amendment of any permit or license pursuant to state or county regulations shall not affect the extent to which a facility is considered to be in existence. Section 3. PUNISHMENT Any person, firm or corporation who violates any provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not more than Two Hundred Dollars ($200.00). Each day such violation continues shall constitute a separate offense. In case any building or structure erected, constructed, re- constructed, altered, repaired, converted or maintained, or any building, structure, or land is used in violation of the gereral law or the terms of this Ordinance, the City of La Porte, in addition to imposing the penalty above provided, may institute any appropriate action or proceedings in any Court of competent jurisdiction to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, or to prevent the occupancy of such building, structure or land, to prevent the illegal act, conduct, business or use, in or about such land; and the definition of any violation of the terms of this Ordinance as a misdemeanor, shall not preclude the City of La Porte from invoking the civil remedies given it by law in such cases, including collection of reasonable attorney fees and court costs, but same shall be cumulative of and in addition to the penalties prescribed for such violation. Section 4. CONFLICT WITH OTHER LAWS AND ORDINANCES It is not the intent of this Ordinance to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except as the same may be specifically . - ORDINANCE NO. 1634 Page 4 repealed by the terms of this Ordinance. Where the conditions imposed by any provisions of this Ordinance are either more or less restrictive than comparable conditions imposed by another statute, ordinance, rule or regulation of the United States, State of Texas, or the City of La Porte, the statute, ordinance, rule or regulation which imposes the more restrictive condition, standard, or requirements shall prevail. Section 5. SAVINGS CLAUSE That in the event any section, or part of section or provision of this Ordinance be held invalid, unconstitutional, or inoperative, this shall not affect the validity of the remaining sections, or parts of sections of this Ordinance, but the remainder of the Ordinance shall be given effect as if said invalid, unconstitutional or inoperative section, or part of section or provision, had not been included. In the event any penalty, right or remedy created or given in any section or part of this Ordinance is held invalid, unconstitutional or inoperative, this shall not affect the validity of any other penalty, right or remedy created or given either in the whole Ordinance or in the Section thereof containing such invalid, unconstitutional or inoperative part, and if any exception to or any limitation upon any general provision herein contained shall be held to be unconstitutional or invalid, the general provisions shall nevertheless stand effective and valid as if the same had been enacted without such limitation or exceptions. Section 6. OPEN MEETINGS LAW The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes AnnotatedJ and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally '" II. it.... . . ORDINANCE NO. 1634 Page 5 acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. EFFECTIVE DATE This Ordinance shall be effective from and after its passage, approval, and publication of its caption, as required by law, and it is so ordered. PASSED AND APPROVED, this 13th day of March, 1989. CITY OF LA PORTE Bylk.hm~ /:/?( ~ N man L. Malone, ayor ATTEST: JL~,U~/./ City Secretary APPROVED: ~Id Special Legal C