PERMITS.

Austin City Code tit. 6, ch. 6-2, art. 2

in effect

Austin City Code § 6-2-11 PERMIT REQUIRED.

§ 6-2-11 - PERMIT REQUIRED. A person may not receive, produce, or store a hazardous material unless the person first obtains a hazardous materials storage permit from the director. Source: 1992 Code Section 14-3-15; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-12 APPLICATION AND ISSUANCE PROCEDURE.

§ 6-2-12 - APPLICATION AND ISSUANCE PROCEDURE. (A) The director shall approve an application for a hazardous material storage permit if the applicant: (1) files a materials management plan in accordance with Article 3 (Materials Management Plan); (2) complies with the design requirements of Article 5 (Containment Design Requirements); and (3) pays the permit fee in accordance with Section 6-2-14 (Fees). (B) The director shall approve or deny an application: (1) for a new storage facility, not later than the 30th day after the date it is submitted; or (2) for an existing storage facility, not later than the 180th day after the date it is submitted. (C) If the director does not approve or deny an application for a new storage facility within the time period prescribed by Subsection (B), the application is deemed approved. Source: 1992 Code Section 14-3-16(A) and (B); Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-13 WAIVER.

§ 6-2-13 - WAIVER. (A) The director may waive a requirement of this chapter after considering the requirements of emergency response personnel and potential environmental hazards and determining that the requirement is not necessary to prevent an actual or potential hazard to the public health, safety, or welfare. (B) A person who seeks a waiver must submit to the director a written application stating the reasons for the waiver. (C) The director shall approve or deny an application for a waiver not later than the 45th day after the date the application is received. (D) An applicant may appeal a denial of a waiver in accordance with Section 6-2-21 (Appeal Of Director's Decision). Source: 1992 Code Section 14-3-16(C); Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-14 FEES.

§ 6-2-14 - FEES. (A) The director may not grant or renew a permit unless the applicant pays the permit fee established by separate ordinance. (B) An applicant shall pay the permit fee when the applicant files the application for the permit. (C) The permit fee is nonrefundable. Source: 1992 Code Section 14-3-18; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-15 PERMIT SIGNING AND ACCEPTANCE.

§ 6-2-15 - PERMIT SIGNING AND ACCEPTANCE. A permit is effective when the permittee or an authorized representative signs and accepts the permit. Source: 1992 Code Section 14-3-17; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-16 PERMIT TERM; RENEWAL.

§ 6-2-16 - PERMIT TERM; RENEWAL. (A) Except as provided in Subsection (D), a storage permit is valid for a period of three years. (B) The director shall notify a permittee of the pending expiration of a permit not later than the 90th day before the permit's expiration date. (C) A permittee shall file an application for renewal of a permit not later than the 60th day before the permit's expiration date. (D) A permit does not expire during the pendency of a request for reconsideration under Section 6-2-20 (Reconsideration Of Director's Decision) or an appeal under Section 6-2-21 (Appeal Of Director's Decision). Source: 1992 Code Section 14-3-21; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-17 TRANSFER OF BUSINESS OR PERMIT.

§ 6-2-17 - TRANSFER OF BUSINESS OR PERMIT. (A) In the event of a sale or other transfer of a business operating under a hazardous materials storage permit, the person to whom the business is being sold or transferred shall provide the director with documentation of the transfer on a form approved by the director not later than the 30th day after the date of the sale or transfer. (B) The director may approve the transfer a hazardous material storage permit from one person to another if the transferee signs the permit and accepts the responsibility of a permittee under this chapter. Source: 1992 Code Section 14-3-19; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-18 REVOCATION OR SUSPENSION OF PERMIT.

§ 6-2-18 - REVOCATION OR SUSPENSION OF PERMIT. (A) The director may revoke or suspend a permit if the director determines that the permittee is in violation of this chapter. (B) The director may revoke a permit if the director determines that a permittee has willfully released hazardous material. Source: 1992 Code Sections 14-3-16(D) and 14-3-102(E); Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-19 NOTICE OF DIRECTOR'S DECISION ON PERMIT.

§ 6-2-19 - NOTICE OF DIRECTOR'S DECISION ON PERMIT. (A) The director shall notify a permittee or applicant for a permit if the director: (1) modifies, denies, or terminates a permit; or (2) disapproves a permit pending receipt of additional information. (B) Notice under this section must include a description of the requirement of this chapter that has not been satisfied or has been violated. Source: 1992 Code Section 14-3-20(A); Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-20 RECONSIDERATION OF DIRECTOR'S DECISION.

§ 6-2-20 - RECONSIDERATION OF DIRECTOR'S DECISION. (A) An applicant or permittee may request that the director reconsider a decision described in Section 6-2-19 (Notice of Director's Decision on Permit). The requestor must file the request not later than the 15th day after the date of the notice of the director's decision. (B) A request for reconsideration must include: (1) the requestor's name and address;. (2) a statement of facts relating to the decision; (3) the decision; and (4) the reasons why the decision should be set aside. (C) The director shall conduct a hearing on a request for reconsideration not later than the 15th day after the date the request is filed. (D) The director shall receive evidence, if offered, from the requestor or a city employee. (E) The director shall affirm, reverse, or modify the original decision not later than the 15th day after the hearing. (F) The director shall notify the requestor in writing of the decision on reconsideration. The notice shall include a statement of the reasons for the decision. (G) The director's initial decision is stayed pending a request for reconsideration. Source: 1992 Code Sections 14-3-20(B), (C), and (F); Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-21 APPEAL OF DIRECTOR'S DECISION.

§ 6-2-21 - APPEAL OF DIRECTOR'S DECISION. (A) An applicant or permittee may appeal a director's decision on reconsideration under Section 6-2-20 (Reconsideration Of Director's Decision) to the city council. The appellant must file a notice of appeal with the mayor not later than the 10th day after the date of the notice of the decision on reconsideration. (B) A notice of appeal must include: (1) the requestor's name and address; (2) a statement of facts relating to the decision; (3) the decision; and (4) the reasons why the decision should be set aside. (C) The city council shall hear an appeal not later than the 30th day after the date the notice of appeal is filed. An appeal not heard by the city council within that time period is automatically granted. (D) The director's decision on reconsideration is stayed pending appeal to the city council. Source: 1992 Code Sections 14-3-20(D), (E), and (F); Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-22 PERMITTEE'S RECORDS.

§ 6-2-22 - PERMITTEE'S RECORDS. (A) A permittee shall retain for a period of not less than three years: (1) a permit application; (2) a permit; (3) each inspection report; (4) each monitoring log; and (5) all other records required by this chapter. (B) A permittee shall make the records described in Subsection (A) available to the director for review during normal working hours and on reasonable notice. Source: 1992 Code Section 14-3-72; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-23 MONITORING AND RECORDKEEPING.

§ 6-2-23 - MONITORING AND RECORDKEEPING. (A) A permittee shall provide an appropriate method for detecting a leak or release of hazardous material from a storage facility and continually monitor the facility. (B) This subsection prescribes monitoring methods for an underground storage facility. (1) A permittee shall keep daily inventory records and reconcile the records each month. If the records indicate a leak, the director may require a precision test. (2) If a pressurized pump system is connected to a tank, a permittee shall provide a leak detection device to monitor leaks in the piping. (3) A permittee shall provide for a person to test the tank using a test prescribed by the director. The permittee may not perform the test. (a) A tank that has been installed for more than five years but less than ten years must be tested every two years. (b) A tank that has been installed for ten years or more must be tested every 12 months. (C) The director may review and modify the requirements for a storage facility if: (1) the director receives an application for permit renewal; or (2) a leak or accidental release of a hazardous material occurs at the facility. Source: 1992 Code Sections 14-3-3 (definition of "abandoned") and 14-3-102(A), (B), (D), and (E); Ord. 031023-10; Ord. 031211-11.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT6ENCOCO_CH6-2HAMA_ART2PEFetched: 10/27/2026