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Home My WebLink AboutPR 15083: PORT IRON - PERMIT APPLICATION'interoffice MEMORANDUM. To: Mayor, City Council, and City Manager . From: _ Mark Sokolow, City Attorney ~~ rj Date.: February 5, 2009 Subject:. P. R. No. 15083; Council Meeting January .27,.2009 __ Attached is P. R. No. 15083 as it"pertains to the permit application of Port Iron. The department heads are in the process of reviewing the facilities and will be providing their comments. As to the tarp, I am assuming that P. O. 5977 will be adopted prior to this resolution. I talked to Mr. David Albright and he would prefer that all the permit applicants_be heard at the same time. Triangle Waste filed-their application on June 3, 2008; and Port Iron filed their application in December .2007. MTS:ts Attachment cc: Director of Community Services Chief of Police Director of Planning Director of Public works >. z.pr15083_memo a e P. R. No. 15083 02/OS/09.ts RESOLUTION NO. A RESOLUTION AS IT PERTAINS TO THE .PERMIT APPLICATION OF PORT IRON WHEREAS, Port Iron filed for .a permit application for a metal recycling facility in December 2007; and _-_-_ WHEREAS, the comments of the Director of Community Services are attached hereto`as Exhibit "A", the comments, of the Chief of Police or his designee are attached hereto as Exhibit "B", the comments of 4 the Director of Planning are attached hereto as Exhibit "C", and a letter from Quest Consulting, Inc. is attached hereto as Exhibit "D" that the storm water management plan is adequate for avoiding contamination of the public ditches and adjacent property,. as.caell as underlying groundwater, with the comments of the Director of Public Works attached hereto as Exhibit "E"; and WHEREAS, the City Council deems it in the public interest to approve the permit, subject to the conditions as denoted in this Resolution; and WHEREAS, Port Iron filed a permit application for the following vehicles to transport scrap, to wit: 1991 MACR DUMP TRUCR, VEHICLE # 61460 1998 FREIGHTLINER, VEHICLE # 61373 1998 FREIGHTLINER, .VEHICLE # 61371 1998 FREIGHTLINER, VEHICLE # 61370 Z.pr15083 4 2000_FREIGHTLINER, VEHICLE # 61083 NOW THEREFORE, BE IT RESOLVED 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 Port .Iron is herein granted a permit or -__- ,._ license to operate a metal recycling facility at 300 West 7th Street until December 31, 2011, wherein .Port Iron will be required to file a renewal application. Section 3. That this permit or license is granted on the following conditions: . • Port Iron shall fully comply, in the operation of the facility, with Section 22-131 to Section 22-165 of the Code of Ordihances. ~• Port Iron shall build an eight (8) foot screening fence around the entire facility by May 1, 2009. _ ~ • Port Iron will follow the- recommendations of Quest ' Consulting, Inc. in the storm water management plan. t _ • That the scrap, used, or obsolete ferrous, or non ferrous material cannot exceed (as stored) the height of -the fence. • That all"materials =protruding outside of any facility ,should be placed inside. - • That the deficiencies, 'if any, as delineated in the. memorandums from the Director of Community Services, - Director of Public`WOrks or Chief of Police, shall be remedied by Section. 4. That a permit or a license is also being approved for the following vehicles, as delineated below: z.pn 5083 :. ?{ . 1991 MACK DUMP TRIICK, VEHICLE # 61460 1998 FREIGHTLINER, VEHICLE # 61373 1998 FREIGHTLINER, VEHICLE #.61371 1998 FREIGHTLINER, VEHICLE # 61370 2000 FREIGHTLINER, VEHICLE # 61083 The driver of the transport vehicle shall have the documentation as -_-_- __ to where the scrap, used or obsolete ferrous or non-ferrous _; material, was obtained. The scrap-shall be covered by a tarp as to - prevent the material from falling out of the vehicle, if the scrap is of such a nature that 'it can fall out of the truck.. Section 5. That the effective date ofe.this Resolution shall be February 15, 2009. Section 6. That Port Iron shall sign this Resolution , agreeing to the terms of, this Resolution. Section 7. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D.,-2009, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor Councilmembers NOES: z_pr15083 -- MAYOR ATTEST: TERRI HANKS, ACTING CITY SECRETARY APPROVE,ID- /AS PTO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER AGREED TO: PORT IRON .. BY: z.pr15083 EXHIBIT "A" Comments of the Director of Community Services (will be forthcoming) EXHLBIT "B" Comments of the Chief` of Police ` (will be forthcoming) ti ^; EXHIBIT "C" ~~ Comments of the .Director of Planning (will be forthcoming) EXHIBIT .~D~. Letter from Quest Consulting, Inc. QUEST CONSULTING, INC. 6700 W. LOOP SOUTH, SUITE 310 • BELLAIRE, TEXAS 77401 • TEL (713) 667-6323 FAx (713) 667-62f3 December 19, 2007 Mark Sokolow, Esq. City of Port Arthur City Hall 444 4'" Street Port Arthur, Texas 77640 RE: Storm Water Management Plan -Port Iron Facility 300 West 7'h Street, Port Arthur, TX 77640 To Whom It May Concern: Quest Consulting, Inc. (Quest) has been retained by Port Iron to examine the existirig Storm Water Pollution Prevention Plan (SWPPP) and any additional information regarding the management of storm water at the 300 WestJth Street facility. Quest has examined the SWPPP and the current storm water management practices at the site and finds them to be adequate. As a Registered Professional Engineer in the State of Texas, I can assure the City of Port Arthur that the SWPPP and associated storm- water management program will be adequate for avoiding contamination of the public ditches and adjacent property as well as underlying groundwater. Please direct any questions to the undersigned. Sincerely, mss) CC~j~e~ Cod A. Scher, PE, BCEE Senior Consultant Cc: Robert E. Morse, III, Esq. James Smith, Esq. David Albright ENVIRONMENTAL • HEALTH :• ~. ~. ,.. JACOBY ALLYN SCHER 35126 ;`Q ~NAI ENQ~M~ SAFETY k EXHIBIT "E" Comments of the Director of Public Works (will be forthcoming)