HomeMy WebLinkAboutO-1999-SCU-99-002
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City of La Porte
Special Conditional Use Permit
Permit # SCU #99-002
This pennit is issued to:
Holly Sincox
Owner or Agent
p, o. Box 2011 La Porte, TX 77572
Address
For Development of:
Alliance Recovery Services
Development Name
320 North 16th Street, La Porte, TX
Address
Legal Description:
0.61 acre (26,600 sq. ft.) lots 1 thru 8 & one half of alley of Block
681, La Porte, TX
Zoning:
Light Industrial
Pennit Conditions:
1. A minor development site plan prepared in accordance with the requirements of the
Development Ordinance 1444 shall be submitted for review and approval by the City.
2. An EPA pennit complying with the refrigerant recycling rules under Section 608 of the
Clean Air Act,1990 shall be furnished to the City.
3. Landscaping of the facility shall be required.
4. The applicant is responsible for public hearing costs of $106.86.
Failure to begin construdion within one (1) year after issuance or as scheduled under the
terms of a special conditional use permit shall void the permit as approved, except upon an
extension of time granted after application to the Planning and Zoning Commission.
If construction is terminated after the completion of any stage and there is ample evidence that
further development is not contemplated the ordinance establishing such special conditional
use permit may be rescinded by the City Council, upon its own motion or upon the
recommendation ofthe Planning and Zoning Commission ofthe City of La Porte, and the
previous zoning ofthe entire trad shall be in full effed on the portion which is undeveloped.
Validation Date: 7/12/99
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REPORT
Failure of Refrigeration Tank
Colony and Royal Insurance Company
ED&T File Number: HST0786-22095
April 20, 1999
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The OplIDOns and conclusions stated herein are based on information
available as of the report date. The right is reserved to modify these opinions
and conclusions as additional information relative to this subject becomes
available.
ENGINEERING DESIGN & TESTING Corp.
ENGINEERS I CONSULTANTS I LABORATORIES
HOUSTON DISTRICT OFFICE:
Post Office Box 690326
Houston, Texas 77269-0326
rt:\ 469-1282
CORPORATE OFFICES:
DISTRICT OFFICES:
Columbia. South Carolina
Columbia. South Carolina/Houston, Texas
Charlotte, North Carolina/Jacksonville. Florida
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Failure OfRefrigeratitrank.
ED&T File Number: HST0786-22095
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Page 5
April 20, 1999
6.0 CONCLUSIONS
6.1 The refrigerant storage tank. failed at the weld between the shell and the head.
The weld quality and design of the tank. did not meet ASME code
specifications for pressure vessels.
6.2 The tank. did not have a nameplate as required of a coded vessel. The
manufacturer of the tank. could not be determined.
6.3 The tank. was regularly operated at pressures that exceeded the 150 psi
working pressure rating of the tank..
6.4 The tank. was not adequately protected by a pressure relief device. The tank.
was probably equipped with a pressure relief valve set at 350 psi. The PRY
setting exceeded the 150 psi working pressure rating of the tank. and the 300
psi test pressure. The tank. failed within the pressure range of 150-350 psi.
6.5 The pressure capacity of the tank. had probably deteriorated since being
pressure tested in 1995. Corrosion and cyclic fatigue contributed to reducing
the burst capacity.
6.6 Once the tank ruptured, the pressurized refrigerant rapidly vaporized and
expanded creating a boiling liquid, expanding vapor explosion (BLEVE).
The force of the BLEVE propelled the tank. out of the building and damaged
objects in its path.
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....,.,05/11/99 10: 22
'5'281'0 1035
HAAG-HOUSTON ~~~~ SCOTTSDALE INSUR
@007
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Littleton Claims
(Alliance Recovery Services)
Page 6 May 6,1999
Haag File: 2990056-247/238
two small portions of the involved vessel but does not have plans for any additional work
or metallurgical analysis.
Following discussions with Mr. Don Hutchins, we arranged for remains of the involved
vessel to be transported for storage at Hicks Fire Determination .,storage facility near
Conroe, Texas. Work to be done includes selection of pieces to be cut from the vessel and
submitted for metallurgical examination and analysis.
DISCUSSION
standards for pressure vessels are provided for by the American Society of Mechanical
Engineers (ASME). Vessel configuration and required safety devices are included in
ASME Section VIII, Div. 1, which al60 provides specific information concerning pressure
relief valves_
The PRY on the involved vessel appears to have been rated 350 psi, and the storage
vessel was tested at 300 psi. A PRY rated 250 psi would be a better choice for the
application.. However, all evidence indicates the vessel ruptured at a pressure below 200
psig; thus, the PRV was not a factor for the cause of failure. The lack of full penetration
in the weldment between the end cap and the vessel body substantially decreased the
maximum possible strength at that location. We cannot exclude the relatively poor
weldment as a major cause for rupture of the vessel. Corrosion may have contributed by
further weakening the weldment. Metallurgical inspection results will shed additional light
on the reasons for failure.
PRELIMINARY CONCLUSIONS
Based upon our Inspection and the information discussed above, we have reached the
following preliminary conclusions:
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1 . The involved refrigerant storage vessel did not have a nameplate as required
by ASME standards. .
2. Testing of the involved storage vessel was at 300 psi and the PRV was rated
350 psi.
3. Failure of the vessel occurred at a pressure below 200 psi.
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05/11/99 TUB 08: 18 [TX/RX NO 9655] ~ 007
'~05/11/99 10:22
'5"281'0 1035
HAAG-HOUSTON ~~~ SCOTTSDALE INSUR
l{lJ 008
Littleton Claims
(Alliance Recovery Services)
Page 7 May 6,1999,
Haag File: 2990056-247/238
4. Improper weldrnents along the head of the vessel contributed to failure of the
vessel.
5. Corrosion may have been a contributing factor for failure of the weldment.
Respectfully submitted,
HAAG ENGINEERING CO.
Donald T. Boudreaux. P.E.
Texas L1cense'38156
John Z. Wlascinski, P.E.
Texas License '82127
DTB/JZW:esk
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05111/99 TUB 08:18 [TX/RX NO 9655] ~008
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
JJN 5 1995 .
.A.
OFFICE OF
AIR AND RADIATION
Mr. M. Ray Coker
General Manager
Alliance Recovery Services, Inc.
9102 Spencer Highway
LaPorte, TX 77571
Dear Mr. Coker:
The Environmental Protection Agency (EPA) has received' and reviewed the
information submitted by Alliance Recovery Services, Inc. in support of its certification as a
refrigerant reclaimer under 40 CFR 82.164. EPA has determined that this information meets
the data requirements of 82. 164(d), and Alliance Recovery Services, Inc. is certified as a
refrigerant re~I~;m~;.
In its submission, Alliance Recovery Services, Inc. stated that it will:
1. return refrigerant to at least the standard of purity set forth in ARI 700,
Specifications for Fluorocarbon Refrigerants, (as required by ~82.154(g)),
2. verify the purity of the refrigerant using the methods set forth in ARI Standard
700, (as required by ~82.154(g)),
3. release no more than 1.5 percent of the refrigerant during the reclamation
process (as required by ~82.154(i)), and
4. dispose of wastes from the reclamation process in accordance with all
applicable laws and regulations.
In addition to complying with the above requirements, Alliance Recovery Services,
Inc. must comply with other applicable requirements, including the following recordkeeping
and reporting requirements:
1. Alliance Recovery Services, Inc. must maintain records of the names and
addresses of persons sending it material for reclamation and the quantity of the
material (the combined mass of refrigerant and contaminants) sent to it for
Rec:yc'lIcfIRec:yclable . Printed wfrn Vegerable Oil Based Inks on t 00% Recyded Paper (40% Postc:onsumerl
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reclamation. Such records must be inaintained on a transactional basis.
"(~82.'166(g)). "
2.
Alliance Recovery Services, Inc. must maintain records of the quantity of
material sent to it for reclamation, the mass of refrigerant reclaimed, and t!te .'
mass of waste products. Alliance Recovery Services, Inc. must report this .
i~onnation to ,the Administratorl annually within 30 days of the end of
the calendar year (~82.1,66(h)).
A.
These records must ~e readily av~lable for EP A review, and a copy of the records must be
kept at, the reclamation facility. ' '
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EPA will periodically i~spect reclaimer facilities ,to ensure compliance with EPA
regulations. These inSpections may include, but are not limited to, examination. of records,
review of equipment used by,the reclaimer, measurement of the levels of refrigerant released
to the atmosphere, and certification that the refrigerant is purified to the regulatory standard.
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If at any time, Alliance Recovery Services, Inc. ,fails to comply with the above
~equirements or with, any of the provisiqns of 40 CFR Part 82 ,Subpart F, the. Administrator
reserves the right to revoke certification. In addition,' Alliance Recovery. Services, Inc.
should info~ EP A promptly 'of any ch~ges in its operations, such as changes of address.
, This certification is not transferable. In the case of a change of ownership, the new owner, .
. must certify under ~82.164 within 30 <lays of the change in ownership (~82.164(t)).
If you have any questions, please contact Deborah Ottinger qf ,my staff at (202) 233-
9149.
~IY .
~Vid~
Program Implementation Branch
IThese records should be addressed to:
'~608 Recycling Program Manager (Reclaimer Reporting)
6205J
USEPA
401 M. S,t., SW
Washington, DC 20460
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A~ CE...RECOVERY SERVICES, INC.
ON-SITE RECOVERY FREON RECLAMATION REFRIGERANT SALES
June 22, 1999
Doug Knuepper
City of La Porte, Planning Dept.
P.O. Box 1115
La Porte, TX 77572
RE: Conditional Permit
Dear Mr. Knuepper,
At the City Council's meeting on June 14, 1999, several issues surfaced regarding our,
request for a special permit to operate in a Light Industrial area. This letter will clarifY
those issues.
The Council wanted to know what caused the accident at our business on February 20,
1999. Please find attached the conclusions of two separate engineers hired by insurance
companies involved. The tank which ruptured was purchased used and tested by a
Department of Transportation approved cylinder tester. That tank, along with an identical
tank, have been replaced with new, ASME coded tanks. To further reduce any risk, we
have gone to much smaller tanks.
Our facility is EPA approved (see attached letter). Our approval was not revoked or
diminished by the above mentioned accident. It is my understanding that we are to receive
three violations from OSHA as a result of their visit to our facility the day after the
accident. Those violations are for (1) not having small cylinders properly secured with a
chain/cage, (2) not having OSHA 2000 logs posted, and (3) lack of a proper PRY on an
unrelated tank.
A letter was also written to the Council by our neighbor, Ron Holt, relating
dissatisfaction with how his liability claim was being handled. Our insurance carrier has
assured me that they have made a fair offer of settlement to Mr. Holt, but that he has
rejected that offer, The insurance company is awaiting documentation from Mr. Holt.
In summary, our business is refrigerant reclamation. Recycled refrigerant is considered
non-hazardous (see EPA attachment). The material we use is also non-flammable. We
P.O. BOX 2011 II LA PORTE, TEXAS 77572 · (281) 470-9046 · (800) 263.7211 · FAX (281) 470-9708
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are taking every precaution possible to ensure the safety of our neighbors and the
community at large. It is important to us because we are a family business with family
members working in the facility. Their safety is not an issue we take lightly,
We have discarded all extra-large cylinders, and purchased new, safer ones in their place.
All issues addressed by OSHA have been remedied, We invite you to tour our facility and
see our new equipment.
I hope this answers all questions regarding our ability to operate safely in a Light
Industrial area. I look forward to a speedy resolution, so that we may begin to rebuild our
business in the LaPorte area.
oIly Sincox
Alliance Recovery Services
281/470-9046
Attachments
REOVE'FOR CITY COUNCIL AGENDA AIM
Agenda Date Requested:
Requested By: Doug Kneupp
X Report
Exhibits:
1.
2-
3.
4.
5.
Department:
Resolution
Planning
Ordinance
Application
Public Notice Replies
Letter of Recommendation from Planning and Zoning Commission
Special Conditional Use Permit
Area Map
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Summarv & Recommendation
The Planning & Zoning Commission, during its May 20, 1999, meeting, held a public hearing to receive citizen
comments regarding Special Conditional Use Permit Request #SCU99-002. The request, submitted by Holly Sincox,
seeks approval to operate a business known as Alliance Recovery located at 320 North 16th Street. The property is
located within a Light Industrial Zone and is further described as approximately 0.61 ac. (26,600 sq. ft.) tract of land,
lots 1 thru 8 and the adjoining west one half of the alley of Block 681, as recorded in Volume 83, Page 345 of the
Harris County Deed Records. On-site Recovery, Freon Reclamation, and Refrigerant Sales within a Light Industrial
Zone is a Conditional Use, per Section 106-441 of the Code of Ordinances.
Staff has found the request satisfies all applicable ordinance requirements. The property is surrounded by Anthony
Crane Rentals on the west, warehouses on the south and east, and a heavily wooded area on the north. The facility is
compatible with the surrounding properties and should not be injurious to the use, enjoyment or value of the
surrounding properties. Furthermore, it is compatible with the goals and objectives of the City's Comprehensive Plan.
Seven notices of public hearing were mailed to surrounding property owners. Two responses were in favor while one
response was received in opposition to the request.
The Planning and Zoning Commission, by unanimous vote, has recommended approval of Special Conditional Use
Permit #SCU99-002 with the following conditions:
1. A minor development site plan prepared in accordance with the requirements of the Development
Ordinance 1444 shall be submitted for review and approval by the City.
2. An EP A permit complying with the refrigerant recycling rules under Section 608 of the Clean Air
Act, 1990 shall be furnished to the City.
3, Landscaping of the facility shall be required.
4. The applicant is responsible for public hearing costs of$106,86.
Action Required bv Council:
1. Conduct public hearing,
2. Consider approval of Special Conditional Use Permit #SCU99-002
Availability of Funds: N/A
General Fund
Capital Improvement
Other
Account Number:
Wafer/Wastewater
General Revenue Sharing
Funds Available: Yes No
Approved for City Council Agenda
Q~ T. I+~
Robert T. Herrera
Ci ty Manager
{Q- q - 'i q
Date
ilTY OF LA PORTE e
rPPLICATION FOR . .
SPECIAL CONDITIONAL USE PERMIT
10 [E @ [E 0 W [Ern'
I, " III
:;1 APi~ 1 5 1999 L!0;
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to
OFFICE USE ONLY:
Fee: $100.00
Application No.: ~ 9 - DO J...
Date Received: 4-lS-'i1
: Receipt No.: '73S5i
Certified Plans Submitted:
() General Plan
( ) , :,~or Developement Site Plan
() Major Development Site Plan
() Prelimiriary Plat
Person Making Request:
Mailing Address:
City IState:
BUSINESS NAME:
PROPERTY ADDRESS:
LEGAL DESCRIPTION:
ZONE:
TYPE OF BUSINESS:
4- /5 - 9 g
DATE
Date of P & Z Public Hearing:
Date of City Council Meeting:
Zone: LI
This application is :
H {) /I 'j S i ('\ CD j
P.O. 5D)( 2-D I I
Lo...Porfe J TX '7,57 ~ Phone: 470 - g/)z+lo
AlliCLnce.. Ke.CDve.ry 5-c:v-vlces
320 tJ I llo+h S+Y-e.~+
L~+s i -rh ru... 5] (6/ Del< ~ g I ,1 La. Po 'rT"6
LI SIC USE CATEGORY: 2 <3 ! 3
~ c..(;- i~:rew-n+ rC:Cb v c:rLjJ "" n:c 1,0.. ma..+", D f1
C\~I2J ~/
O~ OR AUTHORIZED AGENT
omCE USE ONLY
tl1t:t..c,l 01.0, /~1~
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. Tum.e II.! I /991
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Recommendation: ~ or N
Approved: Y or N
Approved ( )
Permit No.
Denied ( )
CLP JOB # sell ,/q- tJtJ;l (If Assigned Yet)
Conditions:
DATE
ZONING ADMINISTRATOR
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A Meeting of the La Porte
Rq~~!~~
PLANNING
Plllnn;nj[ and Zonina' Commission
(Type of Meeting)
Scheduled for
May 20, 1999
(Date of Meeting)
to Consider
Special Conditional Use Permit Request 99-002
(Type of Request)
I have received notice of the above referenced public hearing,
I am in FAVOR of grmting this request for the following reasons:
M~ hl1~ba..Y\d o..nd f'a+hc:v--i n- law own -the.. bLl6 iness
~ Lle5-t1n 'j +he. perm d, w-e... ha. V e. been Dpeva.fzoq
thex-e +or a.. +e..w !:jea.rs and .feet ou...r bu..5inesS is
LA'I +-0... \ -e.. v- 0... tt h+ i f0 Lls-h-io.... =COn ~ i ven +h e +act + fJa:
u..)e. e.tl.l ',n non- larnYV\((bl-e} nDn-ha...Ta..rutDUS vna.--feriaJS..
I am OPPOSED to granting this request for the following reasons:
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3\~( Mossy E\V'r\ C-t '
Address
BDUS~n \~ {lD5~
City, State, Zip
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A Meeting of the La Porte
R:~11;~
PLANNING
plann;nr and ZoniD,[ Commission
(Type of Meeting)
Scheduled for
May 20, 1999
(Date of Meeting)
to Consider
Special Conditional Use Permit Request 99-002
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
bll/p~..c...~ L-CGou-e~ ~e""'l c..I,"c,:..P.\ lS PPU
As~~/f -z6. z71...c. Lc1~~UVl,'.J-l c:J{~ t-~p(J^(--,<
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I am OPPOSED to granting this request for the following reasons:
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City. State, Zip
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A Meeting of the La Porte
plannin2 and ZoDiD2 Commission
(fype of Meeting)
Scheduled for
RECEIVED
S/~d,'1 ,
PLANNING
SdcftqtJ.$
May 20, 1999
(Date of Meeting)
to Consider
Special Conditional Use Permit Request 99~02
(fype of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of ganting this request for the following reasons:
~OSED~ting 1IUs <<quest 10, the fuIIowU1g eeas"".,
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City of La Porrlte
Established 1892
May 21, 1999
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its regular meeting on
May 20, 1999, held a public hearing to consider Special Conditional Use Permit
Request #99-002, The request, submitted by Holly Sincox, seeks approval to
operate a business, which is known as Alliance Recovery located in the 300
Block of North 16th Street. The nature of the business is on-site recovery, freon
reclamation and refrigerant sales. The property is zoned Light Industrial.
The Planning and Zoning Commission has, by unanimous vote, recommended
that City Council consider approval of Special Conditional Use Permit #SCU99-
002,
Respectfully Submitted,
~0~
Betty T. Waters
Planning and Zoning Commission, Chairperson
C: Robert T. Herrera, City Manager
John Joems, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
P.O. Box 1115 0 La Porre, Texas 77572-1115 0 (713)471-5020
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City of La Porte
Special Conditional Use Permit
Permit # SCU #99-002
This permit is issued to:
Holly Sincox
Owner or Agent
P. O. Box 2011 La Porte, TX 77572
Address
For Development of:
Alliance Recovery Services
Development Name
320 North 16th Street, La Porte, TX
Address
Legal Description:
0.61 acre (26,600 sq. ft.) lots 1 thru 8 & one half of alley of Block
681, La Porte, TX
Zoning:
Light Industrial
Permit Conditions:
1. A minor development site plan prepared in accordance with the requirements of the
Development Ordinance 1444 shall be submitted for review and approval by the City.
2. An EPA permit complying with the refrigerant recycling rules under Section 608 of the
Clean Air Act, 1990 shall be furnished to the City.
3. Landscaping of the facility shall be required.
4. The applicant is responsible for publiC hearing costs of $106.86.
Failure to begin construction within one (1) year after issuance or as scheduled under the
tenns of a special conditional use permit shall void the permit as approved, except upon an
extension of time granted after application to the Planning and Zoning Commission.
Validation Date:
If construction is terminated after the completion of any stage and there is ample evidence that
further development is not contemplated the ordinance establishing such special conditional
use permit may be rescinded by the City Council, upon its own motion or upon the
recommendation of the Planning and Zoning Commission of the City of La Porte, and the
previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
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1"P \P\I~\ef\
6/14/99
City Secretary
Director of Planning