HomeMy WebLinkAboutPR 17670: PERMIT APPLICATION OF ACCUMULATIVE RECYCLE COMPANY P. R. No. 17670
06/17/13 gt
RESOLUTION NO.
A RESOLUTION AS IT PERTAINS TO THE PERMIT
APPLICATION OF ACCUMULATIVE RESALE RECYCLE
COMPANY
WHEREAS, Accumulative Resale Recycle Company filed for a
permit application for a metal recycling facility in June 2013; and
WHEREAS, the comments of the Director of Community Services
are attached hereto as Exhibit "A "; and
WHEREAS, the comments of the Chief of Police or his designee
are attached hereto as Exhibit "B "; and
WHEREAS, the comments of the Director of Planning are attached
hereto as Exhibit "C "; and
WHEREAS, a letter from the Texas Commission on Environmental
Quality (TCEQ) and No Exposure Certification Authorization for the
facility located at 701 Houston Avenue, Port Arthur, Texas are
attached hereto as Exhibit "D "; and
WHEREAS, the No Exposure Certification Authorization states
that intent to obtain a conditional exclusion from permit
requirements by certifying that there is no exposure of industrial
materials or activities to precipitation or runoff, as allowed in
the Texas Pollutant Discharge Elimination System (TPDES) storm
water multi - sector general permit TXR050000, is acknowledged; and
s.pr17670
WHEREAS, the comments of the Director of Public Works are
attached hereto as Exhibit "E "; and
WHEREAS, the City Council deems it in the public interest to
approve the permit.
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 Accumulative Resale Recycle Company is
herein granted a permit or license to operate a metal recycling
facility at 701 Houston Avenue until June 25, 2015, wherein
Accumulative Resale Recycle Company will be required to file a
renewal application.
Section 3. That said permit or license is granted on the
following conditions:
• Accumulative Resale Recycle Company shall fully comply, in the
operation of the facility, with Section 22 -131 to Section 22-
165 of the Code of Ordinances.
• Accumulative Resale Recycle Company shall build an eight
(8) foot screening fence around the entire facility by
July 25, 2013.
• 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.
s.pr17670
• That a public restroom must be furnished rather it be a
portalet or permanently fixed restroom within the
facility.
Section 4. That the effective date of this Resolution
shall be June 25, 2013.
Section 5. That Accumulative Resale Recycle Company shall
sign this Resolution agreeing to the terms of this Resolution.
Section 6. 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., 2013, at a Meeting of the City Council of
the City of Port Arthur, by the following vote: AYES:
Mayor
Councilmembers
NOES:
MAYOR
ATTEST:
CITY SECRETARY
s.pr17670
APPRO 'D AS TO FORM:
CITY ATTO � .
,�
APPROVED FOR ADMINISTRATION:
CITY MANAGER
AGREED TO:
ACCUMULATIVE RESALE RECYCLE COMPANY
BY:
Print Name:
Title:
s.pr17670
EXHIBIT "A"
1
ENFORCEMENT
DEPARTMENT
Memo
To: Lawrence Baker, Director of Code
Enforcement
From: Butch Hass, Senior Building 01'
Inspector
CC: Valencia Tezeno, City Attorney
Date: 4/17/13
Re: 701 Houston Ave. (Metal Recycling
Facility)
Lawrence, I have inspected the above
referenced location and found no current
building code violations. The structure
can be used for the proposed purpose.
EXHIBIT "B"
MEMORANDUM
Port Arthur Police Department
TO: Valecia Tizeno, City Attorney
FROM: S. T. Brinson, Lieutenant
DATE: 4/25/13
Re: 701 Houston Ave. (ARRC)
I was asked to inspect the business at 701 Houston Ave., Accumulative
Recycling & Resale Company, in order for the owner to obtain his business permit.
I spoke with the owner, Greg Collins and visited with him at his business several
times. It appears that Mr. Collins was very diligent in his efforts to adhere to all
state, federal and local laws, as he has made numerous improvements to the
location and has satisfied all state requirements. I asked Mr. Collins is he had a
vehicle which was to be used to haul scrap and he advised he has made
arrangements with Proler Industries, Hwy 73, Port Arthur, who will provide roll
offs to him and when filled, they will come to the business and pick up the scrap.
Collins does have a 1993 Ford F -150 that he will utilize to haul smaller items,
which he will obtain a permit for that vehicle upon approval of his business permit.
The records that I observed on site seemed sufficient for the amount of scrap on
hand.
It appears that Mr. Collins has followed all necessary laws and regulations
and would recommend his issuance of a permit.
Respectfully Submitted,
S. T. Brinson, Lieutenant
Field Operations Division
i
EXHIBIT "C"
INTEROFFICE MEMORANDUM
TO: GWEN THIBODEAUX, LEGAL ASSISTANT
FROM: RONALD BURTON, DIRECTOR OF PLANNING
SUBJECT: 701 HOUSTON AVENUE, PORT ARTHUR, TEXAS
DATE: 04/30/2013
It has been determined that the property located at 701 Houston Avenue (legally described
as 5' of Lot 20 and 21 thru 27, Block 74) is in an Industrial ( "I ") zoned district. The current
use of the property - as a metal recycling facility (open salvage yard, rags, iron, vehicles or
machinery) - is permitted.
You may contact Mr. Lawrence Baker, Director of Code Enforcement, City of Port Arthur,
P.O. Box 1089, Port Arthur, Texas, 77641, (409) 983 -8242, bakerl@portarthur.net for any
issues regarding Code Violations and Certificate of Occupancy.
'13APR3O1225Pt1 LEGAL
Jefferson CAD - Property Details Page 1 of 2
Jefferson CAD
Property Search Results > 88293 LE MANN for Year 2013
Property
Account
Property ID: 88293 Legal Description: 5' OF LT 20 & LT 21 THRU LT 27 BLK 74 CITY OF PORT ARTHUR
Geographic ID: 053400- 000 - 088300 - 00000 -7 Agent Code:
Type: Real
Property Use Code: F1
Property Use Description: "REAL, COMM (HOTEUSTORE/OFFC)"
Location
Address: 701 HOUSTON AVE Mapsco:
TX
Neighborhood: Map ID: 0
Neighborhood CD:
Owner
Name: LE MANH Owner ID: 472823
Mailing Address: 7445 BRECENRIDGE % Ownership: 100.0000000000%
PORT ARTHUR, TX 77642
Exemptions:
Values
( +) Improvement Homesite Value: + N/A
( +) Improvement Non - Homesite Value: + N/A
( +) Land Homesite Value: + N/A
( +) Land Non - Homesite Value: + N/A Ag / Timber Use Value
( +) Agricultural Market Valuation: + N/A N/A
( +) Timber Market Valuation: + N/A N/A
( =) Market Value: = N/A
( —) Ag or Timber Use Value Reduction: — N/A
( =) Appraised Value: = N/A
( —) HS Cap: — N/A
( =) Assessed Value: = N/A
Taxing Jurisdiction
Owner: LE MANN
% Ownership: 100.0000000000%
Total Value: N/A
• r
Entity i Description Tax Rate j Appraised Value ! Taxable Value i Estimated Tax
109 PORT ARTHUR INDEPENDENT SCHOOL DISTRICT N/A N/A N/A N/A
235 CITY OF PORT ARTHUR N/A N/A N/A N/A
343 PORT OF PORT ARTHUR N/A N/A N/A N/A
755 SABINE - NECHES NAVIGATION DIST N/A N/A N/A N/A
851 DRAINAGE DISTRICT #7 N/A N/A N/A N/A
901 JEFFERSON COUNTY N/A N/A N/A N/A
A59 FARM AND LATERAL ROAD N/A N/A N/A N/A
CAD JEFFERSON CO APPRAISAL DISTRICT N/A N/A N/A N/A
Total Tax Rate: N/A
Taxes w /Current Exemptions: N/A
Taxes w/o Exemptions: N/A
Improvement / Building
Improvement #1: Commercial State Code: F1 Living Area 2241.0 sgft Value: N/A
Type Description Class CD Exterior Wall Year Built SQFT
COM COMMERCIAL BUILDING WA2 1938 2241.0
http: // propaccess .jcad.org /clientdb /Property.aspx ?prop_id =88293 4/30/2013
EXHIBIT "D"
Bryan W. Shaw, Ph.D., Chairman <Ct..T E O,p
Carlos Rubinstein, Commissioner 'L ' t Q � . '` r `'
Toby Baker, Commissioner �•,A� A �
Zak Covar, Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
May 29, 2013
Dear Applicant:
Re: TPDES Multi- Sector General Permit (TXR050000)
No Exposure Certification Authorization
Your No Exposure Certification application for authorization under the general permit for discharge of storm water
associated with industrial activities has been received. Pursuant to authorization from the Executive Director of the
Texas Commission on Environmental Quality, the Division Director of the Water Quality Division has issued the
enclosed Certificate.
Please refer to the attached certificate for the identification number that was assigned to your project /site and the
coverage effective date. Please use this number to reference this project /site for future communications with the
Texas Commission on Environmental Quality (TCEQ).
A Notice of Termination must be submitted when permit coverage is no longer needed. You may obtain a Notice of
Termination form at the web site listed below.
For questions related to the status or processing of your application you may contact the Storm Water Processing
Center by email at SWPERMIT @tceq.texas.gov or by telephone at (512) 239 -3700.
If you have any questions regarding coverage under this general permit or other technical issues, you may contact
the storm water technical staff at (512) 239 -4671 or by email at swgp @tceq.texas.gov. Also, you may obtain
information on the storm water web site at www.tceq.texas.gov. Permit and application status information can be
found on the TCEQ web site at http: / /www5.tceq.texas.gov /wq dpa /.
Sincerely,
Dc
David W. Galindo, Director
Water Quality Division
Texas Commission on Environmental Quality 'i : 11111 51I23ppi LEGAL
P.O. Box 13087 • Austin, Texas 78711 -3087 • 512- 239 -1000 • www.tceq.texas.gov
How is our customer service? www.tceq .texas.gov /goto /customersurvey
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EXHIBIT "E"
1
CITY OF PORT ARTHUR
Public Works Department
MEMORANDUM
TO: Floyd T. Johnson, City Manager
FROM: Ross E. Blackketter, P. E., Director of Public Works G
DATE: 19 June 2013
RE: Metal Recycling Facility — 701 Houston Avenue
Sec. 22 -161 of the City of Port Arthur Code of Ordinances under "Article IV. — Metal Recycling
Facilities" specifies that an applicant for metal recycling facility license must provide a copy of
the applicant's Stormwater Management Plan" and associated documentation.
Accumulative Resale Recycle Company, the applicant for the property located at 701 Houston
Avenue, has submitted a copy of the Storm Water Multi- Sector General Permit, number
TXRNEZ487. This permit specifies that there is no exposure of any industrial materials or
activities to precipitation or runoff.
This permit satisfies the City's requirement in this area.
Please call if you need additional information.
att: Sec. 22 -161 of the City of Port Arthur Code of Ordinances
Storm Water Multi- Sector General Permit, number TXRNEZ487
cc: Floyd T. Johnson, City Manager
Ronald Burton, Director of Planning
S: \engineer \documents \memos \2013 \Metal Facility -701 Houston- Junl3.dooc Page 1 of 1
MunicodL Page 1 of 4
Port Arthur, Texas, Code of Ordinances » PART II - CODE OF ORDINANCES » Chapter 22 -
BUSINESSES » ARTICLE IV. - METAL RECYCLING FACILITIES » DIVISION 2. - LICENSE »
DIVISION 2. - LICENSE
Sec. 22 -161. - Fee: period.
Sec. 22 -162. - Transport vehicle; fee; period.
Sec. 22 -163. - Displaying.
Sec. 22 -164. - Illegal sale or transport.
Sec. 22 -165. - Reporting of offenses.
Sec. 22 -166. - Commercial haulers of waste and trash.
Sec. 22 -167. - Aluminum can collections.
Secs. 22- 168 -22 -190. - Reserved.
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 $50.00. Such license shall be granted for a
period of up to two 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:
( Legal description of the site and a survey.
( Deed or lease to the site, with authorization from the owner to operate the site as a
metal recycling facility.
( Information as to the zoning for the site.
( Copy of any and all county, state or federal licenses or permits that apply to the site.
( Stormwater management plan.
( Letter from a licensed engineer that the stormwater 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.
( All available information on the monitoring data on the stormwater outfalls.
( All available information on the soil conditions at the site.
( Documents filed by the applicant with the Texas 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.
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Iviunicode Page 2 of 4
(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
V.T.C.A., Occupations Code Ch. 1956 and with local, state and federal laws. Furthermore, if:
( The application is not complete;
( There are any material gaps in documentation as to the inventory on -site or where
and whom it was purchased;
( There is any whom it was purchased;
( There is any material amount of scrap, used or obsolete ferrous or nonferrous
material on the site that cannot be identified as to the nature of the metal;
(5) The stormwater management plan or controls had not been implemented or a suitable
timetable for the stormwater controls cannot be provided;
( There is current contamination or nuisance that has not been abated;
( There is current noncompliance with any state, local or federal laws as to the
operations, facilities or buildings at the site;
( The company does not have suitable security precautions to safeguard their inventory
or to avoid the receipt of stolen merchandise; or
(9) 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 a licensed engineer as
to the stormwater 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 council has the authority to revoke a license being issued under this chapter upon a
showing of noncompliance by the applicant of any provision of chapter 22 of the Code of
Ordinances, V.T.C.A., Occupations Code Ch. 1956; the Penal Code, or any material violation
of any other local, state or federal laws.
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(Ord. No. 07 -81, exh. A. 10 -23 -2007: Ord. No. 09 -06, § 2(exh. 4), 1 -27- 2009)
Sec. 22 -162. - Transport vehicle; fee; period.
Each metal recycling entity operating a transport vehicle for the purpose of transporting
scrap, used or obsolete ferrous or nonferrous material within the city shall obtain from the city
council a license for the privilege of operating such vehicle, the types of vehicles they plan to
purchase, and shall also pay therefore the sum of $5.00 for each vehicle so operated, plus the cost
of the license for the metal recycling facility. Such license shall be granted for a period of up to two
years, and shall be renewed by such person at its expiration. The driver of the transport vehicle
shall have the documentation as from where the scrap, used or obsolete ferrous or nonferrous
material, was obtained. If the truck or trailer carries scrap which is of such a nature that it can fall
out of the truck or trailer, the driver shall cover the truck or trailer with a tarp.
(Ord. No. 09 -07, § 2, 2 -10 -2009)
Sec. 22 -163. - Displaying.
The license issued to a metal recycling entity shall be displayed in his place of business
where it can be seen by persons dealing with such metal recycling entity. The license issued to
metal recycling entity as to the transport vehicles shall be securely attached to the transport vehicle
for which it was issued, so that it can be seen by the person dealing with such vehicle operator.
(Ord. No. 07 -81, exh. A, 10 -23 -2007)
Sec. 22 -164. - Illegal sale or transport.
It shall be illegal for any person or company to knowingly sell scrap, used or obsolete ferrous
or nonferrous material to a metal recycling entity in the city that is not licensed by the City of Port
Arthur.
(Ord. No. 07 -81, exh. A, 10 -23 -2007)
Sec. 22 -165. - Reporting of offenses.
A metal recycling entity shall immediately report to the police department any person or
persons who possess, transport, or sell stolen regulated material of which the metal recycling entity
has knowledge.
(Ord. No. 07 -81, exh. A, 10 -23 -2007)
Sec. 22 -166. - Commercial haulers of waste and trash.
Sections 22 -131 to 22 -147 and sections 22 -161 to 22 -165 do not apply to the waste or trash
of commercial haulers that are being delivered to the city's landfill, city's wastewater treatment
plant, or to other landfills and treatment plants licensed by the Texas Commission on Environmental
Quality (TCEQ).
(Ord. No. 07 -81, exh. A, 10 -23 -2007)
Sec. 22 -167. - Aluminum can collections.
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Sections 22 -131 to 22 -146 and sections 22 -161 to 22 -165 do not apply to persons who only
collect and transport aluminum cans. Said persons, if they store the aluminum cans, shall do so in
an area that is enclosed or that has a screening fence as per subsection 18- 457(b) of the Code of
Ordinances.
(Ord. No. 07 -81. exh. A, 10 -23 -2007)
Secs. 22- 168 -22 -190. - Reserved.
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Bryan W. Shaw, Ph.D., Chairman / T E �
Carlos.Rubinstein, Commissioner ! to �} ' � �'`
-74 ltd !
Toby Baker, Commissioner . ;'
'Zak Covar, Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
May 29, 2013
Dear Applicant:
Re: TPDES Multi- Sector General Permit (TXR050000)
No Exposure Certification Authorization
Your No Exposure Certification application for authorization under the general pernlit for discharge of storm water
associated with industrial activities has been received. Pursuant to authorization from the Executive Director of the
Texas Commission on Environmental Quality, the Division Director of the Water Quality Division has issued the
enclosed Certificate.
Please refer to the attached certificate for the identification number that was assigned to your project /site and the
coverage effective date. Please use this number to reference this project /site for future communications with the
Texas Conunission on Environmental Quality (TCEQ).
A Notice of Tennination must be submitted when permit coverage is no longer needed. You may obtain a Notice of
Tennination form at the web site listed below.
For questions related to the status or processing of your application you may contact the Storm Water Processing
Center by email at SWPERMIT @tceq.texas.gov or by telephone at (512) 239 -3700.
If you have any questions regarding coverage under this general permit or other technical issues, you may contact
the storm water technical staff at (512) 239 -4671 or by email at swgp @tceq.texas.gov. Also, you may obtain
information on the storm water web site at www.tceq.texas.gov. Permit and application status information can be
found on the TCEQ web site at http : / /www5.tceq.texas.gov /wq_dpa /.
Sincerely,
1 J J JJ .6
David W. Galindo, Director
Water Quality Division
Texas Commission on Environmental Quality
P.O. Box 13087 • Austin, Texas 78711-3087 • 512 -239 -1000 • www.tceq.texas.gov
How is our customer service? www.tceq. texas .gov /goto /customeisurvey
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