Item 23: Clean Air Ordinance

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COSM_Admin

Administrator
Staff member
Consider approval of Ordinance 2021-35, on the first of two readings, amending Chapter
34, Environment, Article 5, Air Pollution, by adding a New Division 4, Clean Air, that
provides supplemental regulations concerning the emission of air contaminants and
controlling or abating air pollution; creating associated offenses and penalties; providing a
savings clause; providing for the repeal of any conflicting provisions; and providing an
effective date.
 

MBaker

Council Member
This would apply to airport and give us authority to check for clean air around there and monitor it through TCEQ and others as we continue to grow the airport, right?

How does the cooking exception not apply to them cooking the chips, is that what's causing the smell?
 

JHughson

CoSM Members
Thank you for providing this!
I hope it works...
Who would be the Director referenced in the definitions? Director of which SMTX department?
Will this apply to the business that is currently creating the smell?
No "legally non-conforming" applies?
If we are adopting the rules from TCEQ do we need to state a date of their rules?
OR, state it will always the be their current rules?
Are we ready to enforce these rules upon adoption (assuming we adopt them)?
How long might it take to get results?
 

COSM_Admin

Administrator
Staff member
Responses provided by Greg Carr, Neighborhood Enhancement Director:
Question Posed by CM Baker:


This would apply to airport and give us authority to check for clean air around there and monitor it through TCEQ and others as we continue to grow the airport, right?
This particular ordinance is dealing with odor and particulates (smell and if a business had smoke or dust leaving the facility). We are not equipped to address all of the other types of air contaminants or pollution.

How does the cooking exception not apply to them cooking the chips, is that what's causing the smell? The cooking exemption is for residential. We cannot address one neighbor not liking the other neighbors cooking. The smell from El Milagro was coming from a process other than cooking, although if it was cooking we could address. It would make sense to add the word “residential” between outdoor and cooking in 34.417 (1).



Questions Posed by Mayor:

Thank you for providing this!
I hope it works...
Who would be the Director referenced in the definitions? Director of which SMTX department? Neighborhood Enhancement at this time. Director Carr has experience with this same ordinance in Frisco and knows the training and procedures required.
Will this apply to the business that is currently creating the smell? Yes. That is the purpose of the ordinance. We did not have anything that we could pursue to remedy the problem. We have added particulates as well. We do not have any businesses that are currently violating, but it is needed for potential future issues.
No "legally non-conforming" applies? There is not grandfathering involved. As with everything we do, getting them in compliance by working with them is the main objective, but you do have to have an enforcement mechanism if they are not cooperative.
If we are adopting the rules from TCEQ do we need to state a date of their rules? The rules just list the chapter and section. Some of these can be very long. Referencing the TCEQ rules keeps us from having to include all of those in our ordinance and allows us to use whatever is current with TCEQ. We do not have to update the ordinance if they change their rules. Only rules applying to odor or particulates would be relevant.

OR, state it will always the be their current rules?
Are we ready to enforce these rules upon adoption (assuming we adopt them)? If adopted, we would be able to enforce almost immediately. We have test and training equipment ready to be ordered. There is a training session for method 22 (particulates) in May.
How long might it take to get results? It is immediate. The testing for odor happens during the inspection and the equipment allows immediate results of pass or fail. The particulate portion is based on visual examination and is also immediate.
 
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