CHAPTER 8

CHAPTER 8

INSPECTIONS, ENFORCEMENT & MISCELLANEOUS 33-21, 33-22

Fire Department Inspections.33-21.1

The Fire Department may inspect or cause to be inspected any storage facility for the purpose of ascertaining compliance with this chapter. The officer shall ascertain if there is a deficiency in the storage facility which needs to be corrected because it would constitute a violation of this article.

Right of Entry 33-21.2

Whenever necessary for the purpose of investigating or enforcing the provisions of this article, or whenever any enforcement officer has reasonable cause to believe that there exists in any structure or upon any premises, any condition which constitutes a violation of this article said officers may enter such structure or premises at all reasonable times to inspect the same, or to perform any duty imposed upon any of said respective officers by law; provided that if such structure or premises be occupied the officer shall first present proper credentials and request entry, and further provided, that if such structure or premises is unoccupied the, officer shall first make a reasonable attempt to contact a responsible person from such firm or corporation and request entry, excerpt in emergency circumstances. If such entry is refused, the officer seeking entry shall have recourse to every remedy provided by law to secure entry.

Enforcement Applicable to all Facilities 33-21.3

The enforcement provisions set forth in this §33-21 are applicable to all facilities, activities covered by this article to the extent allowable by law.

Violation and Penalties 33-21.4

Criminal Penalties. Violations of the provisions of this article shall be treated as an infraction, and shall, upon conviction, be punishable by a fine not more than two thousand dollars ($2000.00) per violation. In determining the penalty, the court shall consider all relevant circumstances, including but not limited to the extent of harm or potential harm caused by the violation; the nature and persistence of the violation; the length of time over which the violation occurred; the frequency of past violations: the permittee's record of maintenance: and the corrective action if any, taken by the permittee.

Civil Penalties. In addition to any criminal enforcement the City or any individual may pursue any available civil remedies deemed appropriate and necessary.

State Laws. In addition to the civil and criminal penalties stated in this section, persons found to be in violation of the provision(s) of the Texas State law(s) governing protection of the environment may be prosecuted and/or fined to the maximum extent allowable by law.

Remedies not exclusive 35-21.5

Remedies under this section are in addition to and do not supercede or limit any and all other remedies, civil or criminal, provided by law.

B. MISCELLANEOUS 33-22.

Hazardous Materials Records 33-22.1

Hazardous Materials Records System. The hazardous materials management permit office shall create a system to collect and maintain all information required to be submitted by this article all reports, all approvals, all permits issued and any condition attached thereto in an orderly manner.

Facility Indexing System. The Fire Department shall devise an indexing system which will list, according to street addresses, all the permitted storage facilities, the permittee name for the particular storage facility, the company name for the business located at that address and the particular storage facility's ERP.

Copies to City Departments. The hazardous materials management permit office shall immediately make available a copy of each hazardous materials permit issued pursuant to this article if a copy is requested by the Health Director or his/her authorized representative(s).

Public Records 33-22.2

Open Records. All information required by this chapter shall be subject to public disclosure pursuant to the Texas Open Records Act, or if disclosure is ordered by a court of competent jurisdiction. The availability of information about hazardous materials used by a private permittee and the plant design, layout and the volume and location of the materials used by the permittee may be excepted from disclosure pursuant to Texas Attorney General Open Records Decision No.554 if the facts are applicable and if allowed by law.

Fire Department to Notify Other Agencies 33-22.3

The Fire Department shall notify the Department of Transportation of any violations of federal transportation laws or regulations discovered during the course of any inspection or emergency response to any short term storage facility.

Disclaimer of liability 33-22.4

The degree of protection required by this article is considered reasonable for regulatory purposes. The standards set forth herein are minimal standards and this article does not imply that compliance will ensure that there will be no unauthorized discharge of hazardous material. This article shall not create liability on the part of the City, any officer or employee thereof for any damages that result from reliance on this article or any administrative decision lawfully made thereunder. All entities handling, storing, using, processing and disposing of hazardous materials within the City are advised to determine to their own satisfaction the level of protection in addition to that required by this article necessary or desirable to ensure that there is no unauthorized discharge of hazardous materials.

This article is not intended to create any different standard or obligation for the storage of carcinogens than is imposed for the storage of other hazardous materials.

Inspections by the Fire Department. Nothing in this article shall be construed to hold the City or any officer, employee or representative of the City responsible for any damage to persons or property by reason of making an inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection.

Guidelines 33-22.5

Guidelines for this article shall be drafted by the Fire Department and shall be maintained in the office of the City Clerk. Such guidelines shall serve as an interpretation of this article.

Duties are discretionary 33-22.6

Subject to the limitations of due process, notwithstanding any other provision of this code, whenever the words "shall" or "must" are used in establishing a responsibility or duty of the City, its elected or appointed officers, employees or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion.

Conflicts with other laws 33-22.7

Notwithstanding any other provision of this article, a storage facility or vehicle regulated by any state or federal agency will be exempt from any conflicting provision of this article.

Notwithstanding any other provision of this article, whenever any provision of this article conflicts with the fire code as adopted by City, the stricter provision shall prevail.

Effective the date of enactment of this article, whenever any provision of this article conflicts with any provision set forth by the TNRCC, EPA or DOT or any regulation adopted pursuant thereto, the state law and/or federal regulation shall control.