Dallas City Code § 5A-1 SHORT TITLE.
SEC. 5A-1. SHORT TITLE.
This chapter may be cited as the Dallas Clean Air Ordinance. (Ord. 15079)
AIR POLLUTION
Dallas City Code ch. 5A
in effectDallas City Code § 5A-2 DECLARATION OF POLICY.
SEC. 5A-2. DECLARATION OF POLICY.
It is the policy of the city of Dallas to safeguard the air resources of the city from air pollution and to promote the protection of the health, safety, general welfare, and physical property of the people within the city by regulating emission of air contaminants and by controlling or abating air pollution. The provisions of this chapter are to be construed, according to the fair import of their terms, to effect this policy. (Ord. 15079)
Dallas City Code § 5A-3 CHAPTER DEFINITIONS.
SEC. 5A-3. CHAPTER DEFINITIONS.
The definition of a term in this section applies to each grammatical variation of the term. In this chapter, unless the context requires a different definition:
(1) AIR CONTAMINANT means dust, fumes, gas, mist, odor, particulate matter, toxic materials, smoke, or vapor, individually or in combination, that is produced by a process other than natural.
(2) AIR POLLUTION means the presence in the atmosphere of one or more air contaminants in such concentration and of such duration:
(A) as to have or tend to have an injurious or adverse effect on human health or safety, animal or vegetable life, or property; or
(B) as to interfere with the normal use or enjoyment of animals, vegetation, or other property.
(3) DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter and includes representatives, agents, or city employees designated by the director to assist in the enforcement and administration of this chapter.
(4) FACILITY means any stationary source of air contaminants and includes the following classes.
(A) Class "1" facility means a stationary source of air contaminants whose actual emissions at design capacity are greater than or equal to 100 tons per year of any pollutant.
(B) Class "2" facility means a stationary source of air contaminants whose uncontrolled emissions at design capacity would be greater than or equal to 100 tons per year for any pollutant, but whose actual emissions are less than 100 tons per year.
(C) Class "3" facility means a stationary source of air contaminants whose uncontrolled emissions at design capacity are less than 100 tons per year, but greater than or equal to five tons per year.
(D) Class "4" facility means a facility whose uncontrolled emissions at design capacity are less than five tons per year but whose emissions are significant, or have the potential to be significant, or have a potential to be a nuisance.
(E) Class "5" facility means a dry cleaner that uses trichloroethylene, perchloroethylene, or naphtha when conducting cleaning operations on clothing or other fabrics.
(5) PERSON means an individual; corporation; government or governmental subdivision; or agency, trust, partnership, or two or more persons having a joint or common economic interest. (Ord. Nos. 15079; 17226; 17344; 19647; 20076; 20612; 21144; 29879, eff. 10/1/15)
Dallas City Code § 5A-4 GENERAL AUTHORITY AND DUTY OF DIRECTOR.
SEC. 5A-4. GENERAL AUTHORITY AND DUTY OF DIRECTOR.
The director is the principal air pollution control officer of the city. The director shall implement and enforce this chapter and may establish such rules, not inconsistent with this chapter, as he determines are necessary to discharge his duty under, or to effect the policy of, this chapter. The director shall evaluate the effect of proposed zoning changes on air pollution and shall endeavor to coordinate his activities with those of the city planning and zoning agencies in order to achieve optimum management of the air resources of the city. The director is encouraged to cooperate, in a manner consistent with the policy of this chapter, with other governmental agencies concerned with air pollution. The director is encouraged to publicize information on air pollution data, administrative hearings, progress in abatement programs and decisions affecting pollution control, and to inform and cooperate with citizen groups and industry associations concerned with air pollution. The director shall recommend to the city manager enforcement measures and policies to achieve and maintain air quality in the city of Dallas. (Ord. 15079)
Dallas City Code § 5A-5 AIR POLLUTION INFORMATION REQUIRED.
SEC. 5A-5. AIR POLLUTION INFORMATION REQUIRED.
(a) Any person operating or maintaining an existing facility which emits or has the potential to emit air contaminants shall register with the director.
(b) New or modified facilities.
(1) Any person proposing to construct a new facility or modify an existing facility, as defined in the Texas Clean Air Act, so as to require a Texas Natural Resource Conservation Commission (TNRCC) permit shall register with the director within 30 days of submittal of the TNRCC permit application.
(2) Any person proposing to construct a new facility that is exempt from TNRCC permit requirements shall register with the director within 30 days of beginning operation.
(c) The director may require, from time to time, a person whose activity causes or may cause emission of an air contaminant to submit to the director such additional information as the director considers necessary to evaluate the air pollution nature or potential of the activity.
(d) Except for official purposes, the director may not disclose information submitted under this chapter relating to secret processes or methods of manufacture or production, which information is identified as confidential when submitted, without the written consent of the person who submits the information. (Ord. Nos. 15079; 19647; 22442)
Dallas City Code § 5A-5.1 RESERVED. (Repealed by Ord. No. 29879, eff. 10/1/15)
Dallas City Code § 5A-6 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION RULES.
SEC. 5A-6. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION RULES.
The city hereby adopts by reference the following rules of the Texas Natural Resource Conservation Commission, in their current form and as they may hereafter be amended (a copy of which is on file in the office of the director), including the tables, graphs, figures, appendices, and other matter promulgated as part of the state commission’s rules, all of which are incorporated by reference as though written fully word for word in this chapter.
(1) 30 TAC, Chapter 101, General Rules.
(2) 30 TAC, Chapter 104, Bond Certification Criteria for Air Pollution Control Facilities.
(3) 30 TAC, Chapter 106, Exemptions from Permitting.
(4) 30 TAC, Chapter 111, (Regulation I) Control of Air Pollution from Visible Emissions and Particulate Matter.
(5) 30 TAC, Chapter 112, (Regulation II) Control of Air Pollution from Sulphur Compounds.
(6) 30 TAC, Chapter 113, (Regulation III) Control of Air Pollution from Toxic Materials.
(7) 30 TAC, Chapter 114, (Regulation IV) Control of Air Pollution from Motor Vehicles.
(8) 30 TAC, Chapter 115, (Regulation V) Control of Air Pollution from Volatile Organic Compounds.
(9) 30 TAC, Chapter 116, (Regulation VI) Control of Air Pollution by Permits for New Construction or Modification.
(10) 30 TAC, Chapter 117, (Regulation VII) Control of Air Pollution from Nitrogen Compounds.
(11) 30 TAC, Chapter 118, (Regulation VIII) Control of Air Pollution Episodes.
(12) 30 TAC, Chapter 119, (Regulation IX) Control of Air Pollution from Carbon Monoxide.
(13) 30 TAC, Chapter 122, (Regulation XII) Federal Operating Permits.
(Ord. Nos. 15079; 17344; 18902; 21144; 22442; 22894; 23264; 23723; 24027)
Dallas City Code § 5A-7 CITY AIR POLLUTION STANDARDS.
SEC. 5A-7. CITY AIR POLLUTION STANDARDS.
(a) No person may cause, suffer, allow, or permit the emission of lead or its compounds (measured as elemental lead) so as to cause or contribute to an exceedence of the ambient air quality standard for lead. The ambient air quality standard for lead and its compounds, measured as elemental lead by a reference method based on appendix G of 40 CFR 50, or by an equivalent method, is 1.5 micrograms per cubic meter, maximum arithmetic mean averaged over 30 calendar days. The data used to obtain the arithmetic mean averaged over 30 calendar days shall consist of individual 24-hour concentrations obtained on a regular sampling schedule and shall contain a minimum of 15 validated samples.
(b) No person or persons may cause, suffer, allow, or permit emissions of lead from any source or sources on a property or from multiple sources operated on contiguous properties to exceed any of the following net ground level concentrations:
(1) 8.3 micrograms of lead per cubic meter of air averaged over one hour; or
(2) 6.5 micrograms of lead per cubic meter of air averaged over three hours; or
(3) 5.2 micrograms of lead per cubic meter of air averaged over five hours.
(c) Odors (emission standard). A stationary source may not emit beyond its property line an odor, the strength of which equals or exceeds two odor units, as measured by the director on a Barnaby-Cheney Scentometer or equivalent odor-testing device.
(d) The director shall prescribe by rule such additional regulations as he determines are necessary to implement this section and may provide by rule for temporary suspension of the application of the air pollution standards prescribed by this section to a source that is operating under unusual conditions or circumstances that prevent compliance. (Ord. Nos. 15079; 18223; 18902)
Dallas City Code § 5A-8 REGISTRATION FEES.
SEC. 5A-8. REGISTRATION FEES.
(a) Any person operating or maintaining a facility registered with the director under Section 5A-5(a) or (b) shall pay a nonrefundable registration fee for each calendar year. The fee is based upon the applicable facility class, or upon the facility source status. The fee for each calendar year must be paid by December 31 of the previous calendar year.
(b) The fee for each class of facility is as follows:
Class “1” facility | $1,442
Class “2” facility | $1,093
Class “3” facility | $988
Class “4” facility | $988
Class “5” facility | $86
(c) The annual registration fee for a new facility will be prorated from the date on which operations begin to the end of the calendar year.
(d) If the annual registration fee is not received by the date due, the registration for the facility lapses, and a reinstatement fee of $50 must be paid in addition to the registration fee before the registration will be renewed.
(e) A person commits a separate offense each day that he fails to either register a facility or pay the appropriate registration fee for a facility by the date due. (Ord. Nos. 19647; 20612; 26598; 27353; 28019; 29477; 29879; 32310)
Dallas City Code § 5A-9 COMPLIANCE ORDER AND EMERGENCY ACTION.
SEC. 5A-9. COMPLIANCE ORDER AND EMERGENCY ACTION.
(a) If the director determines that a source is in violation of the emission standard prescribed by Section 5A-7(a), (b) or (c), the director by written order may require a person who owns, controls, or manages the source to take such action as the director determines is necessary to promote or effect compliance with the emission standard.
(b) If the director determines that an imminent and serious threat to the public health or safety exists because of violation of Section 5A-7, the director may take or cause to be taken such immediate action as is necessary under the circumstances to abate the threat.
(c) Exercise of authority granted by this section is not a prerequisite to prosecution of an offense under Section 5A-14. (Ord. Nos. 15079; 18902)
Dallas City Code § 5A-10 MONITORING REQUIREMENTS.
SEC. 5A-10. MONITORING REQUIREMENTS.
(a) The director by rule may prescribe reasonable requirements for monitoring or measuring emission of air contaminants by a person who owns, controls, or operates a source that emits an air contaminant identified in Section 5A-7.
(b) The director by rule may prescribe reasonable requirements for maintaining records on monitoring or measuring emissions by a person who is required to monitor or measure emission of air contaminants under Subsection (a) of this section. (Ord. 15079)
Dallas City Code § 5A-11 INSPECTION OF RECORDS.
SEC. 5A-11. INSPECTION OF RECORDS.
The director may examine during regular business hours such records as are required by state or city law or rule to be maintained in connection with the operation of air pollution or emission control equipment or facilities or in connection with the emission of air contaminants. (Ord. 15079)
Dallas City Code § 5A-12 NOTICE.
SEC. 5A-12. NOTICE.
Notice required or authorized under this chapter must be served on the person to be notified either personally or by mailing to the person at the address last known to the director. The effective date of notice required or authorized under this chapter is the date that the notice is personally served or that the notice is postmarked, as the case may be. (Ord. 15079)
Dallas City Code § 5A-13 NUISANCE.
SEC. 5A-13. NUISANCE.
A violation of a standard prescribed by Section 5A-7 constitutes a nuisance. The city attorney may file suit to obtain such orders or process as are necessary to abate the nuisance. (Ord. 15079)
Dallas City Code § 5A-14 OFFENSES.
SEC. 5A-14. OFFENSES.
(a) A person commits an offense if he:
(1) refuses to submit information requested by the director under Section 5A-5(a); or
(2) violates a rule of the Texas Natural Resource Conservation Commission identified in Section 5A-6; or
(3) owns, controls, or manages a source that violates the emission standard prescribed by Section 5A-7(a), (b) or (c); or
(4) interferes with the director in the exercise of his authority under Section 5A-9(b); or
(5) violates a rule established under Section 5A-10; or
(6) refuses to allow or interferes with an inspection authorized under Section 5A-11; or
(7) violates a variance or order granted or issued by the Texas Natural Resource Conservation Commission under the Texas Clean Air Act.
(b) A culpable mental state is not required for the commission of an offense under this section unless the provision defining the offense expressly requires a culpable mental state.
(c) An offense committed under this section is punishable by a fine of not more than $2,000.
(d) A separate offense is committed each day in which an offense under this section occurs.
(e) If an enforcing officer designated by the director has probable cause to believe that a person has committed an offense under this section, the enforcing officer may issue the person a written citation requiring him to appear in municipal court to answer the charge against him. If, upon request by the enforcing officer, the person believed by the officer to have committed the offense refuses to promise to appear in court by signing the citation, the enforcing officer may cause the person to be arrested. The citation must include the name of the person cited for the offense, identification and date of offense alleged, and date of citation. The officer issuing a citation shall sign it.
(f) Prosecution for an offense under this section does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. (Ord. Nos. 15079; 18001; 18902; 19963; 20076; 22442; 29879, eff. 10/1/15)
Dallas City Code § 5A-15 MOTOR VEHICLE IDLING.
SEC. 5A-15. MOTOR VEHICLE IDLING.
(a) Definitions. In this section:
(1) COMMERCIAL PASSENGER TRANSPORTATION means a mode of transportation provided by a bus or motor coach designed to accommodate more than 10 passengers (including the operator) for compensation and that is powered by a primary propulsion engine, but specifically excluding the modes of railroad, light rail, or taxicabs.
(2) IDLE means the operation of an engine in the operating mode where:
(A) the engine is not engaged in gear;
(B) the engine operates at a speed at the revolutions per minute specified by the engine or vehicle manufacturer for when the accelerator is fully released; and
(C) there is no load on the engine.
(3) MECHANICAL OPERATIONS means the use of electrical tools or equipment in construction, maintenance, or repair of facilities.
(4) PASSENGER TRANSIT OPERATIONS means a regional mode of public transportation that is funded through a portion of sales tax for the region being served.
(5) PRIMARY PROPULSION ENGINE means a gasoline or diesel-fueled internal combustion engine that:
(A) is attached to a motor vehicle; and
(B) provides the power to propel the motor vehicle into motion and maintain motion.
(b) Idling prohibited. A person commits an offense if he causes, suffers, allows, or permits the primary propulsion engine of a motor vehicle to idle for more than five consecutive minutes when the motor vehicle is not in motion.
(c) Defenses. It is a defense to prosecution under this section that:
(1) the motor vehicle has a gross vehicle weight rating of 14,000 pounds or less;
(2) the motor vehicle was forced to remain motionless because of traffic conditions over which the operator had no control;
(3) the motor vehicle was being used:
(A) by the United States military, national guard, or reserve forces; or
(B) as an emergency or law enforcement motor vehicle;
(4) the primary propulsion engine of the motor vehicle was providing a power source necessary for a mechanical operation of the vehicle, other than:
(A) propulsion; or
(B) passenger compartment heating or air conditioning;
(5) the primary propulsion engine of the motor vehicle was being operated for maintenance or diagnostic purposes;
(6) the primary propulsion engine of the motor vehicle was being operated solely to defrost a windshield;
(7) the primary propulsion engine of the motor vehicle was being used to supply heat or air conditioning necessary for passenger comfort or safety, if the vehicle:
(A) was a school bus or was intended for commercial passenger transportation or passenger transit operations; and
(B) did not idle more than 30 consecutive minutes;
(8) the primary propulsion engine of the motor vehicle was being used to provide air conditioning or heating necessary for employee health or safety while the employee was using the vehicle to perform an essential job function related to roadway construction or maintenance;
(9) the primary propulsion engine of the motor vehicle was being used as airport ground support equipment;
(10) the person charged with the offense was the owner of a motor vehicle that had been rented or leased to the person operating the vehicle at the time of the offense, if the vehicle operator was not employed by the vehicle owner;
(11) the idling of the motor vehicle was necessary to power a heater or air conditioner while a driver was using the vehicle’s sleeper berth for a government-mandated rest period and was not within two miles of a facility offering external heating and air conditioning connections at a time when those connections were available;
(12) the primary propulsion engine of the motor vehicle was being used to provide air conditioning or heating necessary for employee health or safety in an armored vehicle while the employee remained inside the vehicle to guard the contents or while the vehicle was being loaded or unloaded; or
(13) the motor vehicle has a gross vehicle weight rating greater than 14,000 pounds and is equipped with a 2008 or subsequent model year heavy- duty diesel engine or liquefied or compressed natural gas engine that has been certified by the United States Environmental Protection Agency or another state environmental agency to emit no more than 30 grams of nitrogen oxides emissions per hour when idling.
(d) Penalties.
(1) An offense under this section is punishable by a fine not to exceed $500. Each instance of a violation of this section is a separate offense.
(2) The culpable mental state required for the commission of an offense under this section is governed by Section 1-5.1 of this code.
(3) Prosecution for an offense under this section does not preclude the use of other enforcement remedies or procedures that may be available to the city. (Ord. Nos. 26766; 27264; 28456; 28833)
Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-135529Fetched: 10/26/2026