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ORD 2021-035/ Amending Chapter 34 Environment Article 5 Air Pollution of the City code
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ORD 2021-035/ Amending Chapter 34 Environment Article 5 Air Pollution of the City code
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7/7/2021 3:09:14 PM
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7/7/2021 3:06:34 PM
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City Clerk - Document
Ordinances
City Clerk - Type
Amending
Number
2021-354
Date
5/18/2021
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required by state or city law or rule to be maintained in connection with the <br />operation of air pollution or emission control equipment or facilities or in <br />connection with the emission of air contaminants. <br />Sec. 34.414. Notice. <br />Notice required or authorized under this division must be served on the <br />person to be notified either personally, by email or by mailingto o the person at the <br />address last known to the director. The effective date of notice required or <br />authorized under this division is the date that the notice is personally served, <br />emailed, or postmarked. <br />Sec. 34.415. Nuisance. <br />A violation of a standard prescribed by this division constitutes a nuisance <br />as that term is defined herein. The city attorney may file suit to obtain such orders <br />or process as are necessary to abate the nuisance. <br />Sec. 34.416. Offenses. <br />(a) A person commits an offense if the person: <br />(1) violates a rule of the TCEQ identified in section 34.409; <br />(2) owns controls or manages a source that violates the emission <br />standard prescribed by this chapter; <br />(3) interferes with the director in the exercise of his authority under this <br />division; <br />(4) creates a nuisance or violates a rule or standard established under <br />this division, <br />(5) refuses to allow or interferes with an inspection authorized under <br />this division; or <br />(6) violates a variance or order granted or issued by the TCEQ under <br />the Texas Clean Air Act. <br />(b) A curable mental state is not required for the commission of an <br />offense under this division unless the provision defining the offense expressly <br />requires a culpable mental state. <br />(c) An offense committed under this division is punishable by a fine of <br />not more than $2,000.00. <br />
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