§ 22-129. Incorporation of state rules; compliance; penalty.

(a)

In addition to the rules and regulations adopted by TCEQ and in the Act, the following state air pollution control laws as they currently are and as they may be changed from time to time, are hereby incorporated as if written word for word in this section, including appendices and other matters promulgated as part of the state rules:

(1)

30 Tex. Admin. Code § 101 (2015) (General Air Quality Rules).

(2)

30 Tex. Admin. Code § 106 (2015) (Permits by Rule).

(3)

30 Tex. Admin. Code § 111 (2015) (Control of Air Pollution from Visible Emissions and Particulate Matter).

(4)

30 Tex. Admin. Code § 112 (2015) (Control of Air Pollution from Sulfur Compounds).

(5)

30 Tex. Admin. Code § 113 (2015) (Standards of Performance for Hazardous Air Pollutants and for Designated Facilities and Pollutants).

(6)

30 Tex. Admin. Code § 114 (2015) (Control of Air Pollution from Motor Vehicles).

(7)

30 Tex. Admin. Code § 115 (2015) (Control of Air Pollution from Volatile Organic Compounds).

(8)

30 Tex. Admin. Code § 116 (2015) (Control of Air Pollution by Permits for New Construction or Modification).

(9)

30 Tex. Admin. Code § 117 (2015) (Control of Air Pollution from Nitrogen Compounds).

(10)

30 Tex. Admin. Code § 122 (2015) (Federal Operating Permits Program).

(b)

It shall be unlawful for any person to operate or cause to be operated any facility that does not comply with the requirements in subsection (a) of this section or that causes the release of pollutants in section 22-128.

(c)

It is an affirmative defense to prosecution under this section that the prosecuted condition or activity has been:

(1)

Approved or authorized by the Act, state rule or state order; and

(2)

That the industrial or commercial facility is in compliance with any such approval or authorization under the Act, state rule or state order.

(d)

Violation of this section shall be punishable upon first conviction by a fine of not less than $250.00 nor more than $1,000.00. If the violator has been previously convicted under this section, a violation of this section shall be punishable by a fine of not less than $1,000.00 nor more than $2,000.00.

(e)

Each day that any violation under this section continues shall constitute a separate offense.

(Ord. No. 2015-11-16B, § 2(Exh. A), 11-16-2015)