Incorporation of state rules; compliance; penalty.
Houston Code of Ordinances § 21-164
in effectSec. 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)
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_DIV2SORE_S21-164INSTRUCOPEFetched: 10/26/2026