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HomeMy WebLinkAboutPO 5972: AMEND CODE OF ORDINANCES RE: METAL RECYCLINGinteroffice MEMOR.AND~JM To: Mayor, City Council, and City Manager a From:. Mark Sokolow, City Attorney r'~iL ~r~/~ Date: January 23, 2009 Subject:- P. O. No. 5972; Council Meeting January 27, 2009 Attached is P. O. No. 5972 amending Section 22-161 of the Code of Ordinances as it pertains to metal recycling facilities. MTS:ts Attachment cc: Director of Public Works Director of Community Services Director of Planning Chief of Police z.po5972_memo P. O. No. 5972 01/23/09 is ORDINANCE N0. AN ORDINANCE AMENDING SECTION 22-161 OF THE CODE OF ORDINANCES AS IT PERTAINS TO METAL RECYCLING FACILITIES. WHEREAS, it is deemed in the best interests of the citizens to amend Section 22-161, of the Code of Ordinances as it pertains to metal recycling facilities. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That Section 22-161 of the Code of Ordinances is herein amended, as delineated in Exhibit "A" Section 3. That this Ordinance is effective immediately. Section 4. That a copy of the caption. of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2009, at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor City Council NOES: z.po5972 MAYOR ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM: °rtrlK/`~ CITY: ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER 2.po5972 EXHIBI'~ ~~A" po5972 ARTICLE IV. METAL RECYCLING FACILITIES DIVISION 1. GENERALLY DIVISION 2. LICENSE Sec. 22-161 Fee; period. (a) Each Metal Recycling Entity shall obtain from the City Council, a license to pursue his business, and shall pay therefore the sum of $50. Such license shall be granted for a period of up to two (2) years, and shall be renewed by the Metal Recycling Entity at or before December 31st of the applicable year. In addition thereto, such Metal Recycling Entity shall pay, on each vehicle transporting .scrap, used or obsolete ferrous or nonferrous materials operated by such Metal Recycling Entity, the amount of the license fee. prescribed for said vehicles. (b) The application for a license shall include the following, or shall include the necessary, documentation to update the existing City's file thereon: (1) Legal description of the site and a survey (2) Deed or lease to the site, with authorization from the owner to operate the site as a metal recycling facility (3) Information as to the zoning for the site (4) Copy of any and all county, state, or federal licenses or permits that apply to the site (5) Storm water management plan (6) Letter from a licensed engineer that the storm water management plan is adequate for the facility and is -being effectively enforced and implemented as to avoid contamination of the public ditches and the adjacent property as well as the underlying groundwater (7) All available information on the Monitoring data on the storm water outfalls (8) All available information on the soil conditions at the site (9) Documents filed by the Applicant with the Texas Z.po5972 Commission of Environmental Quality or with any state agency as to the site (10) Inventory of existing materials at the site, persons whom the materials was purchased from, and locations of the materials at the facility, which could be provided in a document or an electronic format (11) Information as to the design and quality of the fence to be constructed as to provide a visual screen and as to effectively deter theft and intrusion into the facilities (12) Information as to age, condition and make of the vehicles that will be transporting the scrap, used or obsolete ferrous or nonferrous metal (13) Information as to their security precautions to safeguard their inventory or to avoid the receipt of stolen merchandise which can be submitted confidentially to the Chief of Police or his designee (14) Information as to liability insurance being held by the entity and the financial solvency of the owners, which can be submitted confidentially to the Manager of his designee (15) Information on the employment histories of the principals of the company and the prospective employees as to show the capability of the company to construct and operate the facility in accordance with local, state, and federal laws. (16) Completion of an Industrial Waste Survey and an Industrial User Application to comply with the city's Pretreatment ordinance, Section 110-212 et seq., of the Code of Ordinances. (c) Prior to forwarding the. request for a.license to the City Council, the Chief of Police or his designees shall inspect the premises, vehicles and the record books. A license shall not be issued if there is not documentation as to who the scrap, used or obsolete ferrous or nonferrous material was purchased from and the location of the scrap, used or obsolete ferrous on nonferrous material at the site, as well as documentation as to compliance with Chapter 1956 Occupations Code, V.T.C.A. and with local, state; and federal laws. Furthermore, if. (1) the application is not complete, (2) there are any material gaps in documentation as to the inventory on site or where and. whom it was purchased, (3) there is any z.po5972 whom it was purchased, (3) there is any material amount of scrap, used or obsolete ferrous or nonferrous material on the site that cannot be identified as tolan orature of the metal, (4) the storm water management p controls had not been implemented or a suitable timetable for the storm water controls cannot be provided., (5) there is current contamination or nuisance that has not :been abated, (6) there is current-noncompliance with any state, local or federal laws as to-the operations, facilities, or buildings at the site, (7) the company does not have suitable security precautions to safeguard their inventory or to avoid the receipt of stolen merchandise or (8) the company does not have suitable vehicles or equipment to handle the metals; the City Council shall not issue a license without. such matters being resolved or without a plan for resolving such deficiencies being approved by the City Council, with an appropriate security or financial capability, which may include a performance bond and insurance, as well with such documentation that properly trained employees will be retained to construct or operate the facility in accordance with local, state, or federal laws. The City Council shall also, prior to the issuance of a license, obtain the written comments from the Director of Planning as to whether the location is properly zoned, from ~e r ..w~;_~-.=.~ a licensed engineer as to the storm water management plan being adequate, and from the Director of Community Services as to whether the applicant is in compliance with other City Codes, including but not limited to, the Building Code and the International Property Maintenance Code. (d) The City Counoil has the authority to revoke a license being issued under this chapter upon a ro°ision of noncompliance by the applicant of any p Chapter 22 of the Code of Ordinances, Chapter 1956 of the Occupations Code, the Penal Code, or any material violation of any other local, state,. or federal laws. z.po5972