SOURCE REGISTRATION

Houston Code of Ordinances ch. 21, art. VI, div. 2

in effect

Houston Code of Ordinances § 21-161 Definitions; scope.

Sec. 21-161. - Definitions; scope. (a) Definitions. As used in this division, the following words and terms shall have the meanings ascribed in this section unless the context of their usage clearly indicates another meaning: Act means the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, as may be amended from time to time. Automotive body repair shop means any premises that engages in, conducts, or carries on automobile, truck or trailer body repairing or painting, or both. Dry cleaning plant means any premises where fabrics or textiles are cleaned by use of perchlorethylene or petroleum solvents unless the devices used for the cleaning are coin-operated. Facility means an automotive body repair shop, dry cleaning plant, gasoline dispensing site, sewage treatment plant, used vehicle sales lot or any facility or source as those terms are defined in the Texas Clean Air Act, Chapter 382 of the Texas Health Safety Code, as may be amended from time to time, that emits one ton per year or more of airborne contaminants. Gasoline dispensing site means any premises where gasoline is dispensed from a fixed storage tank into vehicles. Registration means a current and valid registration issued under this division. Sewage treatment plant means a premises operated for the purpose of treating waste flowing into a publicly owned sanitary sewage system. Used vehicle means an automobile, truck or trailer of any type that is used or intended for use on the streets and that has previously been registered in Texas or elsewhere. Used vehicle sales lot means any premises utilized by a person required to be licensed as a dealer in motor vehicles under chapter 8 of this Code for the display of used motor vehicles for sale or trade. (b) Scope. This article shall not be applicable to a facility that is owned and operated by the State of Texas or the United States of America. (Ord. No. 92-180, § 2, 2-19-92; Ord. No. 93-460, § 1, 4-21-93; Ord. No. 07-208, § 3, 2-14-07; Ord. No. 08-414, § 2, 5-7-08)

Houston Code of Ordinances § 21-162 Registration required; penalty.

Sec. 21-162. - Registration required; penalty. (a) It shall be unlawful for any person to operate or cause to be operated any facility unless there is a registration for the facility. (b) It is an affirmative defense to prosecution under this section with respect to gasoline dispensing sites that the premises has dispensed less than 10,000 gallons per month in each calendar month beginning with January 1, 1991. Any site that exceeded 10,000 gallons in January of 1991 or that has exceeded 10,000 gallons in any ensuing month is not subject to this affirmative defense. (c) Violation of this section shall be punishable upon first conviction by a fine of not less than $250.00 nor more than $1,000.00. If the violator has been previously convicted under this section, a violation of this section shall be punishable by a fine of not less than $1,000.00 nor more than $2,000.00. (d) Each day that any violation under this section continues shall constitute a separate offense. (Ord. No. 92-180, § 2, 2-19-92; Ord. No. 93-460, § 2, 4-21-93; Ord. No. 07-208, § 3, 2-14-07)

Houston Code of Ordinances § 21-163 Issuance; expiration.

Sec. 21-163. - Issuance; expiration. Registrations shall be issued by the health officer. The director shall promulgate application forms on which applications shall be made. Upon the submission of a properly completed application form and the tender of the applicable fee, the health officer shall issue the registration. A separate application shall be required for each facility. A registration shall be valid for one year commencing on the date of its issuance and shall only apply to the facility identified on the registration. A registration is personal and may not be assigned, conveyed or transferred in any manner. (Ord. No. 92-180, § 2, 2-19-92; Ord. No. 07-208, § 3, 2-14-07)

Houston Code of Ordinances § 21-164 Incorporation of state rules; compliance; penalty.

Sec. 21-164. - Incorporation of state rules; compliance; penalty. (a) The following state air pollution control laws as they currently are and as they may be changed from time to time, are hereby incorporated as if written word for word in this section, including appendices and other matters promulgated as part of the state rules. (1) 30 Tex. Admin. Code § 101 (2006)(General Air Quality Rules). (2) 30 Tex. Admin. Code § 106 (2006)(Permits by Rule). (3) 30 Tex. Admin. Code § 111 (2006)(Control of Air Pollution from Visible Emissions and Particulate Matter). (4) 30 Tex. Admin. Code § 112 (2006)(Control of Air Pollution from Sulfur Compounds). (5) 30 Tex. Admin. Code § 113 (2006)(Standards of Performance for Hazardous Air Pollutants and for Designated Facilities and Pollutants). (6) 30 Tex. Admin. Code § 114 (2006)(Control of Air Pollution from Motor Vehicles). (7) 30 Tex. Admin. Code § 115 (2006) (Control of Air Pollution from Volatile Organic Compounds). (8) 30 Tex. Admin. Code § 116 (2006)(Control of Air Pollution by Permits for New Construction or Modification). (9) 30 Tex. Admin. Code § 117 (2006)(Control of Air Pollution from Nitrogen Compounds). (10) 30 Tex. Admin. Code § 122 (2006)(Federal Operating Permits Program). (b) The director shall ensure that the health officers carry out a regulatory compliance program to determine whether registered facilities are in compliance with all applicable state and federal air pollution control laws and regulations. The regulatory compliance program shall include, but need not be limited to, on site inspections, complaint investigations and reviews of applicable compliance documentation. (c) It shall be unlawful for any person to operate or cause to be operated any facility that does not comply with the requirements in subsection (a) of this section. (d) It is an affirmative defense to prosecution under this section that the prosecuted condition or activity has been: (1) Approved or authorized by the Act, state rule or state order; and (2) That the facility is in compliance with any such approval or authorization under the Act, state rule or state order. (e) Violation of this section shall be punishable upon first conviction by a fine of not less than $250.00 nor more than $1,000.00. If the violator has been previously convicted under this section, a violation of this section shall be punishable by a fine of not less than $1,000.00 nor more than $2,000.00. (f) Each day that any violation under this section continues shall constitute a separate offense. (Ord. No. 92-180, § 2, 2-19-92; Ord. No. 07-208, § 3, 2-14-07; Ord. No. 08-414, §§ 3—5, 5-7-08)

Houston Code of Ordinances § 21-165 Cumulative.

Sec. 21-165. - Cumulative. The purpose of this division is to provide a viable means of locating and monitoring by routine compliance inspections sources of air contamination. A registration under this division shall neither excuse the securing of any license, permit, registration or other compliance document required under state or federal pollution laws or regulations, nor excuse full compliance with any applicable state or federal law or regulation. This division is cumulative of all other applicable laws and regulations. (Ord. No. 92-180, § 2, 2-19-92; Ord. No. 07-208, § 3, 2-14-07)

Houston Code of Ordinances § 21-166 Registration fees.

Sec. 21-166. - Registration fees. (a) There are hereby assessed the fees stated for this provision in the city fee schedule for the issuance of the following registrations: (1) Automotive body repair shop; (2) Gasoline dispensing site: 1—6 gasoline pump nozzles, per site 7 or more gasoline pump nozzles, per site Where pumps are so configured that two or more nozzles dispensing different types or grades of fuel are attached to one meter, then the nozzles attached to each such meter shall be regarded as one nozzle for purposes of the above calculation. (3) Dry cleaning plant (based upon the normal number of employees): Fewer than 6 employees 6 to 10 employees 11 or more employees (4) Used vehicle sales lot (based on the number of vehicles normally offered for sale): 1—5 vehicles 6—100 vehicles 101 or more vehicles (5) Other facilities based upon annual airborne contaminant emissions: 1 ton or more but less than 5 tons 5 tons or more but less than 10 tons 10 tons or more In any instance in which a facility is unable to produce the records needed to establish its emissions with a reasonable degree of certainty, then the health officer shall estimate the amount on the basis of the best available information. (6) Dual chambered incinerators Pathological waste incinerators (7) Sewage treatment plant, based upon design capacity in gallons per day: Less than 500,000 500,001 to 9,999,999 10,000,000 to 39,999,999 40,000,000 or more (b) Should more than one facility exist on any premises, then the total of all applicable fees shall be payable up to a maximum of the equivalent of a fee for the four facilities with the highest fees. (c) The foregoing fees shall apply to all privately and publicly owned facilities. Facilities owned and operated by a county, and city facilities that are operated with general fund revenues, shall be exempt from payment of the fees but shall be required to be registered. (Ord. No. 92-180, § 2, 2-19-92; Ord. No. 93-460, §§ 3—5, 4-21-93; Ord. No. 02-528, § 13d., 6-19-02; Ord. No. 07-208, § 3, 2-14-07; Ord. No. 08-414, § 6, 5-7-08; Ord. No. 2011-1168, § 13, 12-14-2011)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH21HE_ARTVIAIPO_DIV2SOREFetched: 10/26/2026