Dallas Goes After Shingle Mountain

FILED
DALLAS COUNTY
3/20/2019 10:1 6 AM
FELICIA PITRE
DISTRICT CLERK
Sacheen Anthony
CAUSE NO. DC-18-18651
CITY OF DALLAS, TEXAS IN THE DISTRICT COURT

PLAINTIFF
V.
BLUE STAR RECYCLING LLC; DALLAS COUNTY, TEXAS

ALMIRA INDUSTRIAL AND TRADING, WWWWWWWWWWWW
CORR; CCR EQUITY HOLDINGS

ONE, LLC; 9505 s. CENTRAL
EXPRESSWAY, IN REM
DEFENDANTS 191“ JUDICIAL DISTRICT
CITY OF DALLAS’S FIRST AMENDED PETITION, REQUEST FOR TEMPORARY

RESTRAINING ORDER, REQUEST FOR TEMPORARY AND PERMANENT
INJUNCTIONS, AND REQUESTS FOR DISCLOSURE
TO THE HONORABLE COURT:
The City of Dallas (the “City”), Plaintiff, files this First Amended Petition, Request for
Temporary Restraining Order, Request for Temporary and Permanent Injunctions, and Requests
for Disclosure against Blue Star Recycling LLC (“Blue Star Recycling”), Almira Industrial and
Trading, Corp. (“Almira”), CCR Equity Holdings One, LLC (“CCR Equity”), 9505 S. Central
Expressway, in rem, and 9527 S. Central Expressway, in rem, Defendants, and respectfillly shows
the Court the following:
I. DISCOVERY CONTROL PLAN AND REQUEST FOR DISCLOSURE
1. Discovery is intended t0 be conducted under Level 2 0f Rule 190 of the Texas Rules of
Civil Procedure.
2. Defendants are requested to disclose, within fifty (50) days 0f service of this request, the
information or material described in Rule 194.2 0f the Texas Rules of Civil Procedure.
Amended Petition, Request for Temporary Restraining Order, Request for Temporary
Plaintiff’ s
and Permanent Injunctions, and Requests for Disclosure - Page 1
City ofDallas v. Blue Star Recycling LLC, et al.

II. PARTIES
3. The City of Dallas is a home-rule municipal corporation situated mainly in Dallas County,
Texas, incorporated and operating under the laws 0f the State 0f Texas.
4. Defendant Blue Star Recycling LLC is a Texas limited liability company which controls
the real property located in Dallas County that is the subject of this suit. Defendant Blue Star
Recycling LLC has appeared and answered in this case.
5. Defendant Almira Industrial and Trading Corporation is a Texas corporation that owns the
Property, Which is located in Dallas County, and that is the subject 0f this lawsuit. Defendant
Almira Industrial and Trading Corporation has appeared and answered in this case.
6. Defendant CCR Equity Holdings, One, LLC is a Texas entity that owns the Property, which
is located in Dallas County, and that is the subject of this lawsuit. Defendant CCCR Equity
Holdings, One has appeared and answered in this case.
III. VENUE AND JURISDICTION
7. The City brings these causes 0f action t0 obtain temporary and permanent injunctive relief
and recover civil penalties against Defendants pursuant to Subchapter B of Chapter 54 and
Subchapter A of Chapter 211 0f the Texas Local Government Code.
8. Venue is proper, and this Court has jurisdiction pursuant t0 Section 54.013 of the Texas
Local Government Code.
IV. FACTS
9. Defendants own and control the Property, Which is located in Southeast Dallas, near the
McCommas Bluff Landfill.
10. The Property is located, in whole or in significant part, within the lOO-year floodplain as
defined by the Federal Emergency Management Agency (FEMA) and identified on that agency’s
Plaintiff’ s

Flood Insurance Rate Map. See Affidavit of Kimberly Dewailly attached as Exhibit D
11. Blue Star Recycling operates a business at the Property advertising shingles recycling. See
Affidavit 0f Kevin Hill, attached as Exhibit A.
12. On or about December 13, 2018, the City responded to a service request classified as
“Water Pollution Urgent” at the Property. See EX. A.
13. City personnel identified multiple shingle sheets in and around the creek; and upon further
investigation, they identified approximately a 15-20-f00t tall, 300-foot long wall 0f ground-up
shingle asphalt stretching approximately 30-40 feet across the entire length 0f the creek. The
amount and placement 0f the waste resulted in near-complete blockage 0f the creek and City
personnel observed discharge of industrial and asphalt base material into the stormwater drainage
system. See EX. A.
14. City personnel also observed roofing shingles, roofing shingle particles, wooden pallets,
and chips 0f wood, industrial waste, and asphalt base being discharged into the stormwater
drainage system. See Affidavit of Maricela Rangel, attached hereto as Exhibit B.
15. Blue Star Recycling personnel are causing the discharge 0f the industrial waste and other
pollutants into the stormwater system. See EX. B.
16. Blue Star Recycling is an industrial facility, and a Texas Pollutant Discharge Elimination
System Permit (TPDES) is required to conduct the lawful activities at the Property. See id.
17. On or about March 11, 2019, the Texas Commission on Environmental Quality notified
Blue Star Recycling that it had initiated an enforcement action against Blue Star Recycling.
18. As a result of the continued existence 0f Violations on the Property, on March 18, 2019,
Certificate of Occupancy No. 1809141034 for an industrial (outside) use was revoked by the City
0f Dallas Building Official.
Plaintiff’ s

19. The following Violations 0f the Dallas City Code exist on the Property:
a. Discharging industrial waste into the storm sewer, in Violation of §49-55.7;
b. Discharging one or more air contaminants in such concentration and 0f such duration
as are 0r may tend t0 be injurious to or adversely affect human health or welfare,
animal life, vegetation, or property; 0r as to interfere with the normal use or enj oyment
0f animals, vegetation, and property, in Violation of §5A-6(1);
c. Causing, suffering, allowing, or permitting Visible emissions from a source not

permitted by 30 TAC §1 1 1.1 1 1(a), in Violation 0f §5A-6(4);
d. Placing, depositing, or throwing; permitting to accumulate; or permitting to be placed,

deposited, or thrown, any litter on the premises or on the parkway adjacent t0 the
premises, in Violation 0f §7A-18;
e. Permitting any yard, grounds or premises belonging t0 0r controlled or occupied by

Defendants t0 become, from any cause, nauseous, foul, offensive 0r injurious to the
public health, 0r unpleasant and disagreeable to adjacent residents 0r persons, in
Violation 0f §19-17;
f. Carrying on a trade, business, or occupation within the City that is injurious to the
health of those who reside in the Vicinity, or suffering any substance Which
have shall
that effect to remain 0n Defendants’ premises, in Defendants’ possession, 0r under
Defendants’ control, in Violation of §19-26;
g. Failure t0 comply with a stormwater permit, in Violation 0f § 19-1 18.7(a);
h. Failure to comply with the requirements of 3O TAC §106 related to Permits by Rule,
in Violation 0f §5A-6(3);
i. Discharging or allowing or permitting the discharge 0f industrial waste into the

stormwater drainage system, in Violation of §19-1 18.2(f)(2);
j. Discharging 0r allowing or permitting the discharge of asphalt base material into the
stormwater drainage system, in Violation of § 1 9-1 18.2(f)(8);
k. Discharging 0r allowing 0r permitting the discharge of a harmful quantity 0f dust,

resultingfrom grinding, cutting, 0r storage 0f materials, into the stormwater drainage
system, in Violation of §19-1 18.2(f)(19);
1. Failing t0 obtain a certificate 0f occupancy from the building official before using 0r
changing the use of a building, a portion 0f a building, or land, in Violation of §5 1A-
1.104(a)(1);
Plaintiff’ s

m. Failure to employ best management practices to control and minimize the discharge
0f materials and substances handled, stored, and generated by Blue Star into the
stormwater drainage system, in Violation of § 1 9-1 18.7(a);
n. Failure t0 eliminate or reduce exposure of garbage and refuse materials t0 precipitation

or runoff prior to disposal, in Violation 0f §19-1 18.7(b)(6);
o. Placing, storing, and maintaining construction equipment Within the lOO-year flood
plain in Violation 0f §5 1A-5.104(b)(5)(D);
p. Depositing and storing fill and engaging in other development activities in a lOO-year
flood plain area Without first obtaining a proper Fill Permit 0r a Flood Plain Alteration
Permit from the Director 0f Dallas Water Utilities, and all other required permits, in
Violation 0f §5 1A-5.105(a)(1);
q. Using land for an improper purpose, other that one 0f the enumerated, permitted uses,
in Violation of §5 1A-5.104(a); and
r. Using 0r occupying, 0r changing the use 0r occupancy of, a building, portion of a

building, and/or land Without properly obtaining a certificate of occupancy from the
building official, in Violation 0f §5 1A-1.104.
20. A true and correct copy of each 0f the ordinances cited above is attached. The ordinances
relate t0: (a) point source effluent limitations or discharge of a pollutant, other than from a non-
point source, into a sewer system, including a sanitary 0r stormwater sewer system, owned 0r
controlled by the municipality, (b) floodplain control and administration, including an ordinance
regulating the placement of a structure, fill, or other materials in a designated floodplain, (c) zoning
that provides for the use of land 0r classifies a parcel of land according t0 the municipality’s district
classification scheme, and/or (d) conduct classified by statute as a Class C misdemeanor.
21. The above conditions involve an illegal use of land and/or create a substantial risk of injury
and adverse health impacts t0 persons other than Defendants and t0 property other than that 0f
Defendants.
Plaintiff’ s

V. CAUSE OF ACTION
22. Subchapter B 0f Chapter 54 and Subchapter A of Chapter 211 of the Texas Local
Government Code apply t0 these ordinances.
23. Pursuant t0 Sections 54.016, 54.018, and 21 1.012 of the Texas Local Government Code,
the City requests that the Court issue a temporary restraining order, ordering Defendants t0
immediately cease operating and discharging pollutants, including industrial waste and asphalt
base into the City’s stormwater sewer system, and into the air, and to obtain all necessary permits,
including a floodplain fill permit, and comply With all permit conditions before continuing t0
operate any business at the Property.
24. Pursuant t0 Sections 54.016, 54.018, and 21 1.012 of the Texas Local Government Code,
the City requests temporary and permanent injunctive relief, ordering Defendant to remedy 0r
repair the conditions 0f the Property t0 bring it into compliance With the Dallas City Code.
25. Pursuant t0 Section 54.017 0f the Texas Local Government Code, the City requests the
maximum civil penalties allowed by law, per day, for each Violation 0f the ordinances.
26. The City also requests post-judgment interest and costs of court.
VI. REQUEST FOR JURY TRIAL
27. The City respectfully requests a trial by jury on all issues so triable.
PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, the City prays for the following relief:
a. the City be granted a temporary restraining order, enj oining Defendants from:
1) discharging or allowing t0 be discharged pollutants, including industrial waste and

asphalt base, into the City’s stormwater sewer system and into the air; and
2) performing or allowing to be performed 0n the Property: waste collection,

recycling, 0r any other industrial activity, Without first obtaining all proper
Plaintiff’ s

permits, including a floodplain fill permit and proper certificates of occupancy,
and adhering t0 the requirements thereof.
b. the City be granted temporary and permanent injunctive relief as provided herein;
c. the City be awarded judgment for a civil penalty at the maximum allowed by law for
each Violation for each day that the Property remains in Violation of the Dallas City
Code;
d. the City be granted judgment for all costs 0f court;
e. the City be granted judgment for post-judgment interest at the highest legal rate; and
f. such other relief, general or special, at law 0r in equity, to which the City may be justly
entitled.
Respectfully submitted,
CITY ATTORNEY OF THE CITY OF DALLAS
Christopher J. Caso
Interim City Attorney
By: /s/ Jayla Wilkerson

JAYLA WILKERSON
Senior Assistant City Attorney
State Bar of Texas No. 24093367
Jayla.wilkerson@dallascitvhall.com
ANDREW M. GILBERT
Senior Assistant City Attorney
State Bar of Texas No. 24012696
7DN Dallas City Hall

1500 Marilla Street
Dallas, Texas 75201
Telephone: (214) 670-35 19
Fax: (214) 670-0622
ATTORNEYS FOR PLAINTIFF,

THE CITY OF DALLAS, TEXAS
Amended Petition, Request for Temporary Restraining Order, Request

Plaintiff’s for Temporary
City ofDallas v. Blue Star Recycling LLC, et a1.
CERTIFICATE OF SERVICE
As evinced by my signature, I hereby certify that a true and correct copy of the foregoing
document was served in accordance With the Texas Rules of Civil Procedure 21a, on this the 220th
day of March, 2019.
David D. Davis
ATWOOD & MCCALL, PLLC
4144 N. Central Expressway, Suite 910
Dallas, Texas 75204
972-665-9600 Telephone
214-736-2960 Facsimile
davis@atwoodmccall.com
ATTORNEYS FOR DEFENDANT CCR EQUITYHOLDINGS ONE, LLC
Alan J. Rosenberg
GALLOWAY, JOHNSON, TOMPKINS BURR & SMITH
arosenberg@gallowavlawfirm.com
Berenice Medellin Pruettiangkura
bmedellin@gallowavlawfirm.com
14643 Dallas Parkway, Suite 635
Dallas, Texas 75254
Telephone: (214) 545-6389
Fax: (214) 442-7973
ATTORNEYS FOR DEFENDANT ALMIRA INDUSTRIAL AND TRADING CORP.
Scott D. Deatherage
S DEATHERAGE LAW, PLLC
scott@sdeatheragelaw.com
1601 Elm St., Suite 3300
Dallas, Texas 75201
Telephone: (214) 983-1218
A TTORNEYS FOR DEFENDANT BL UE STAR RECYCLING LLC
/s/ Jayla Wilkerson

JAYLA WILKERSON
Amended Petition, Request for Temporary Restraining Order, Request

Plaintiff’s for Temporary
City ofDallas v. Blue Star Recycling LLC, et a1.
Cause No. _ _ _ __
CITY OF DALLAS, TEXAS § IN THE DISTRICT COURT

Plaintiff §
§
V. § DALLAS COUNTY, TEXAS
§
BLUE STAR RECYCLINGLLC §
ALMIRA INDUSTRIAL & TRADING, §
CORP. §
CCR EQUITY HOLDINGS, ONC, LLC §
9505 S CENTRAL EXPRESSWAY, in rem §
Defendants § JUDICIAL DISTRICT
AFFIDAVIT OF KEVIN IDLL
Before me, the undersigned Notary Public, appeared Kevin Hill, who first being duly sworn
according to the law, said:
"My name is Kevin Hill. I am over the age of 18 and am of sound mind and capable of
making this affidavit. I have personal knowledge of the statements within this affidavit and such
statements are true and correct and they are made under penalty of perjury.
I have worked for the City of Dallas for almost 3 years. Currently, I am an Environmental
Specialist Ill for the Dallas Water Utilities. My duties include sampling and monitoring creeks,
streams, and waterways within the Dallas city limits.
1. I received a service request on the morning of December 13, 2018 classified as
"Water Pollution Urgent" at 9505 South Central Expressway, Dallas, Texas (the "Property").
2. When I arrived at the Property, I noticed a sign that advertised shingle recycling.
3. At the Property, I identified multiple shingle sheets in and around the creek; upon
further investigation, I identified approximately a 15-20-foot tall, 300-foot long wall of ground-up
shingle asphalt stretching approximately 30-40 feet across the entire length of the creek. The result
EXHIBIT A
AFFIDAVIT OF KEVIN HILL - PAGE I
of the amount and placement of the waste was near complete blockage of the creek and discharge
of industrial and asphalt base material into the stormwater drainage system and storm sewer.
4. I spoke with the on-site supervisor, Larry Thibodaux, who claimed the business
operated as recycler that purchased shingles, ground them up, and sold as asphalt. When prompted,
he admitted he did not have an Industrial Stormwater Permit. I informed him that his current
business practice was a violation of Section 19-118.2 for discharging or permitting the discharge
of any substance or material that will damage, block, or clog the storm water drainage system into
the storm water drainage system. During our conversation, I witnessed employees moving the
ground-up shingle debris with a front-end loader toward the debris wall in the creek. Due to the
conversation, the supervisor halted the front-end loader, thus leaving the debris where the loader
stopped.
5. I then performed a basic field test on the water downstream of the debris that
indicated elevated measurements of phosphorous, iron hardness, copper, nitrite, total suspended
solids, and turbidity, which indicates clarity of water. These elevated levels indicate drainage of
metals and chemicals, likely from the debris in the creek at the Property.
6. The code provisions that are being violated at the Property relate to the preservation
of public health or other property and persons other than Blue Star and property other than Blue
Star's will continue to suffer from adverse impacts and risk substantial danger of further damage.
EXHIBIT A
AFFIDAVIT OF KEVIN HILL - PAGE 2
Further the Affiant says not.
Vin Hill, Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on this the 13th day 0f December 201 8, to certify
which witness my hand and official seal.
ggfigypmk
.E’eé,
gammy
ANGIEG. MORGAN
Pubuc State of'rexas
i
'
MW é
NOTA@ PUBLIC mmegg
1N AND R
Z‘avfi. a’fig Comm. Expires 05- 16- 2022 THE STATE OF TEXAS
” 0‘53“ N‘otary ID 10948343 ,
.9
AFFIDAVIT OF KEVIN HILL — PAGE 3

EXHIBIT A
Cause No. _ _ _ __

Plaintiff §
§
v. § DALLAS COUNTY, TEXAS
§
BLUE STAR RECYCLING LLC §
ALMIRA INDUSTRIAL & TRADING, §
CORP. §
CCR EQUITY HOLDINGS, ONC, LLC §
9505 S CENTRAL EXPRESSWAY, in rem§
Defendants § JUDICIAL DISTRICT
AFFIDAVIT OF MARICELA A. RANGEL
STATE OF TEXAS )
)
COUNTY OF DALLAS )
Before me, the undersigned Notary Public, appeared Maricela A. Rangel, who first being
duly sworn according to the law, said:
"My name is Maricela A. Rangel. I am over the age of 18 and am of sound mind and
capable of making this affidavit. I have personal knowledge of the statements within this affidavit
and such statements are true and correct and they are made under penalty of perjury.
I have worked for the City of Dallas ("City") for 4 years. Currently, I am qualified as an
Environmental Specialist ill, and I assist the Dallas Office of Environmental Quality and
Sustainability. My duties include inspections at industrial facilities regulated under the State's
multi-sector general permit, which is a stormwater permit, to ensure compliance with state permit
requirements and municipal ordinances.
I. I have spoken with Brian Howe, site manager of Blue Star Recycling located at
9527 S. Central Expressway, Dallas (the "Property"). He said that Blue Star Recycling purchases
roofing shingles, grinds them up, and sells the material to asphalt suppliers.
AFFIDAVIT OF Maricela A. Rangel - PAGE I

EXHIBIT B
2. Blue Star Recycling is an industrial facility, and they require a Texas Pollutant
Discharge Elimination System Permit (TPDES) for each physical location. I have
searched the TCEQ Central Registry and found no such permit 0n file for 9527 S. Central
Expressway, Dallas.
3. I observed roofing shingles, roofing shingle particles, wooden pallets, and chips 0f
wood discharged and being dis-charged into the stormwater drainage system 0n and
adjacent to the Property.
4. The material discharged into the stormwater drainage system includes industrial
waste and asphalt base material.
S. The discharge 0f these materials into the stormwater drainage system is being
caused by the actions and omissions 0f Blue Star Recycling personnel.
Further the Affiant says not.”
Maricela A. Rangel, Affi t
SUBSCRIBED AND SWORN TO BEFORE ME 0n this the 13‘“ day 0f December 2018, t0 certify
which witness my hand and official seal.
’0’,
Ill
I
\\“
I
wfi
x5
\s}
NW":0, ANGIE
Comm-
(5L
g’gOgN-om public. sme or Texas
MORGAN
Exnires 05-16-2022
0W mm
NOTARY PUBLIC'JN
THE STATE 0F TEXAS
¢
Am) FOR
mfiiw“ Notary lD_ 10948343
AFFIDAVIT OF Maricela A. Range] — PAGE 2

EXHIBIT B
SEC. 49-55.7. SEC. 49-55.7. DEPOSIT OR DISCHARGE OF CERTAIN MATERIAL
INTO WASTEWATER SYSTEM OR STORM-SEWER.
(a) Illegal discharges. A person commits an offense if he:

(1) deposits garbage, dead animals, trash, articles, or other substances tending to
obstruct the flow of wastewater, into a manhole, cleanout, or other opening;
(2) discharges industrial waste into a storm sewer or storm drain;
(3) discharges normal domestic wastewater into a storm sewer or storm drain; or
(4) discharges storm water collected from a storm sewer or storm drain into the
wastewater system.
(b) Gutter connections. A person commits an offense if he connects a private gutter,

rainwater conductor, privy, or cistern to a part of the wastewater system. (Ord. Nos. 19201; 26925;
28084)
(1) Full compliance with an NPDES permit or TPDES permit, other than the
NPDES permit or TPDES permit granted to the city for discharges from the stormwater drainage
system.
(2) Fire fighting by the fire department.
(3) Agricultural stormwater runoff.
(4) Water line flushing, excluding a flushing from water line disinfection by
superchlorination or other means unless:
(A) the total chlorine residual has been reduced to less than one mg/L;
(B) the discharge does not contain any hazardous substance or exceed the
specific surface water quality standards established in Chapter 307, Title 30 of the Texas
Administrative Code, as amended; and
(C) the discharge does not cause erosion of soil.
(5) Lawn watering, landscape irrigation, or other irrigation water.
(6) A diverted stream flow or natural spring.
(7) Uncontaminated pumped groundwater or rising groundwater.
(8) Uncontaminated groundwater infiltration, as that term is defined in 40 CFR
Section 35.2005(b)(20), into the stormwater drainage system.
EXHIBIT C
,.iSEC.19-118.2. PROHIBITED DISCHARGES.
(a) A person commits an offense if he discharges or causes to be discharged any water
that does not consist entirely of stormwater into the stormwater drainage system, waters of the
United States, or state water.
(b) It is a defense to prosecution under Subsection (a) that a discharge of water not
composed entirely of stormwater resulted or occurred exclusively from one or more of the
following sources, activities, or events:
system.
(8) Uncontaminated groundwater infiltration, as that term is defined in 40 CFR
Section 35.2005(b )(20), into the storrnwater drainage system.
(9) A foundation drain, crawl space pump, footing drain, or sump pump, if the
discharge is uncontaminated.
(10) A potable water source that does not contain:
(A) a harmful quantity of a pollutant; or
(B) any harmful substance or material from the cleaning or draining of a
storage tank or other container.
(11) Air conditioning condensation that is unmixed with water from a cooling
tower, emissions scrubber, emissions filter, or other source of pollutant.
(12) Individual residential car washing.
(13) A riparian habitat or wetlands.
(14) Water used in washing streets, sidewalks, parking Jots, driveways, or other
structures that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier,
dispersant, or a harmful quantity of any other cleaning substance.
(15) Stormwater runoff from a roof that is not contaminated by any runoff or
discharge from an emissions scrubber, emissions filter, or other source of pollutant.
( 16) Swimming pool water that:
(A) has been dechlorinated so that total chlorine residual is less than one
mg/L;
(B) is not able to be discharged into the wastewater system because:
(i) the swimming pool discharge point is located more than 200
linear feet from the closest access point to the wastewater system; or
EXHIBIT C
(ii) the property on which the swimming pool is located:
(aa) does not receive service from the city's wastewater
system; and
(bb) is not served by an on-site wastewater treatment
facility with adequate capacity to receive the discharge of the swimming pool water;
(C) is not the result of pool filter backwash; and
(D) does not contain:
(i) any chemical used in the treatment or disinfection of
swimming pool water or in pool cleaning;
(ii) a pH of the water of less than five;
(iii) algaecides or visible algae; or
(iv) a specific conductivity in excess of 150 micromhos per
centimeter at 25 degrees Centigrade.
(17) A temporary car wash sponsored by a civic group, school, or a religious or
other nonprofit organization.
(18) Other allowable non-stormwater discharges listed in 40 CFR Section
122.26(d)(2)(iv)(B)(l), as amended.
(c) No defense to prosecution is available under Subsection (b) if:
(1) the discharge in question has been determined by the director to be the source
of a pollutant to the stormwater drainage system, waters of the United States, or state water;
(2) written notice of such determination has been provided to the discharger; and
(3) the discharge has occurred more frequently than or beyond the limits
permitted by the director on a case by case basis.
(d) In any civil or criminal action, the discharger has the burden of proving that a
discharge in violation of Subsection (a) is uncontaminated or falls within a defense to
prosecution under Subsection (b ). Prima facie proof that a discharge is uncontaminated must be
made in the form of an analysis by a certified laboratory, using standard methods or procedures
prescribed by EPA or TCEQ regulations. A copy of the laboratory analysis must be sent to the
director.
(e) A person commits an offense if he discharges or causes to be discharged into the
stormwater drainage system, waters of the United States, or state water a pollutant or substance
that causes or contributes in causing the city to violate a water quality standard, the city's
NPDES permit or TPDES permit, or any state- issued discharge permit for discharges from the
city's stormwater drainage system.
(f) A person commits an offense if he discharges or allows or permits the discharge of
any of the following into the stormwater drainage system:
(1) Oil, used oil, or any motor vehicle fluid.
(2) Industrial waste.
(3) Hazardous waste, including household hazardous waste.
(4) Domestic wastewater, septic tank waste, grease trap waste, or grit trap waste.
(5) Garbage, rubbish, or yard waste.
(6) Wastewater from:
(A) any commercial vehicle washing facility, including any commercial
car wash located on the premises of any office building or in any parking garage;
EXHIBIT C
(B) any vehicle washing, cleaning, or maintenance at any new or used
automobile or other vehicle dealership, rental agency, body shop, repair shop, or maintenance
facility;
(C) any washing, cleaning, or maintenance of any business, commercial,
or public service vehicle (including a truck, bus, or heavy equipment) by a business or public
entity that operates more than two of such vehicles;
(D) the washing, cleaning, de-icing, or other maintenance of aircraft;
(E) any mobile power washing operation if the wastewater contains a
harmful quantity of any soap, detergent, degreaser, solvent, emulsifier, dispersant, or other
cleaning substance or pollutant;
(F) floor, rug, or carpet cleaning;
(G) the washdown or other cleaning of pavement if the wastewater
contains a harmful quantity of any soap, detergent, solvent, degreaser, emulsifier, dispersant, or
other cleaning substance or pollutant;
(H) the washdown or other cleaning of any pavement where any spill,
leak, or other release of oil, motor fuel, or other petroleum product or hazardous substance has
occurred, unless all harmful quantities of the released material have been previously removed; or
(I) a portable restroom or other temporary sanitary facility.
(7) Effluent from a cooling tower, condenser, compressor, emissions scrubber, or
emissions filter or the blowdown from a boiler.
(8) Ready-mixed concrete, mortar, ceramic or asphalt base material, or
hydromulch material, or wastewater from the cleaning of vehicles or equipment containing or
used in transporting or applying such material.
(9) Runoff or washdown water from any animal pen, kennel, or fowl or livestock
containment area.
( 10) Filter backwash from a swimming pool, fountain, or spa.
( 11) Swimming pool water that:
(A) has a total chlorine residual of one mg/Lor more;
(B) is from a swimming pool with a discharge point located 200 linear
feet or less from the closest access point to the wastewater system;
(C) is from a swimming pool that is served by an on-site wastewater
treatment facility with adequate capacity to receive the discharge of the swimming pool water; or
(D) contains:
(i) a quantity of muriatic acid sufficient to reduce the pH of the
water to less than five;
(ii) any other chemical used in the treatment or disinfection of
(12) Discharge from water line disinfection by superchlorination or other means
if:
(A) the total chlorine residual is at one mg/Lor more;
(B) the discharge contains any hazardous substance or exceeds the
Administrative Code, as amended; or
EXHIBIT C
(C) the discharge causes erosion of the soil.
(13) Fire protection water containing oil or a hazardous substance or material,
unless treatment adequate to remove pollutants occurs prior to discharge, except that this
prohibition does not apply to discharges or flow from fire fighting by the fire department.
(14) Water from a water curtain in a spray room used for painting vehicles or
equipment.
( 15) Contaminated runoff from a vehicle wrecking yard.
(16) Any substance or material that will damage, block, or clog the stormwater
drainage system.
(17) Any discharge from a petroleum storage tank, any leachate or runoff from
soil contaminated by a leaking petroleum storage tank, or any discharge of pumped, confined, or
treated wastewater from the remediation of a petroleum storage tank release, unless the discharge
complies with all state and federal standards and requirements and does not contain a harmful
quantity of any pollutant.
(18) Any paint, finish, or paint cleaning material, including but not limited to
auto body paint, latex paint, wood finishing material, texturing product, varnish, paint thinner, or
paint solvent of any kind.
(19) A harmful quantity of dust resulting from sanding, grinding, cutting,
sawing, or storage of any materials.
(g) A person commits an offense if he discharges into the stormwater drainage system a
harmful quantity of sediment, silt, earth, soil, or other material associated with:
(I) clearing, grading, excavating, or other construction activities; or
(2) landfilling or other placement or disposal of soil, rock, or other earth
materials in excess of what could be retained on site or captured by employing sediment and
erosion control measures to the maximum extent practicable.
(h) A person commits an offense if he connects a line that conveys domestic wastewater
or industrial waste to the stormwater drainage system or knowingly allows such a connection to
continue. (Ord. Nos. 24033; 28461) ·
EXHIBIT C
SEC. 19-118.7. STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL
ACTIVITY.
(a) An operator of an industrial facility shall comply with all terms and conditions of the
multi- sector general permit or an individual NPDES or TPDES permit, whichever is obtained for
the activity conducted at the industrial facility. An operator of an industrial facility shall use best
management practices to control and minimize the discharge into the stormwater drainage system,
waters of the United States, and state water of any material or substance handled, stored, or
generated by the industrial facility and any pollutant that may be attributed to those materials or
substances. An operator is required to retain records of all monitoring information collected for a
six-year period from the date of sample collection. An operator shall submit any monitoring results
or a summary of results as required by the multi-sector general permit or an individual permit to
the director and, upon request, shall submit copies of discharge monitoring reports to the director.
(b) The best management practices referred to in Subsection (a) of this section may
include, but are not limited to, the following measures:
(I) Providing general good housekeeping measures to ensure that areas within the
industrial facility that may contribute pollutants to stormwater discharge are
routinely cleaned and kept orderly.
(2) Implementing effective waste disposal and waste management techniques, including
but not limited to providing secondary containment, covering waste materials, and
minimizing ground contact with hazardous chemicals and trash.
(3) Implementing and maintaining spill prevention and response measures, including but
not limited to secondary containment, labeling, and cleanup techniques.
(4) Implementing and maintaining erosion prevention measures, including but not limited
to soil stabilization through vegetative cover, contouring slopes, paving, and
structural controls.
(5) Implementing and maintaining structural controls, including but not limited to oil-
water separators, sediment ponds, catch basins, grassed swales, and berms.
(6) Eliminating or reducing exposure of garbage and refuse .materials to precipitation or
runoff prior to disposal.
(7) Eliminating or reducing exposure of containers or equipment that are covered or
partially covered with oil, grease, rust, or other potentially polluting substances to
precipitation or runoff.
(c) If an industrial facility is required by an individual permit or multi-sector general
permit to conduct annual, semi-annual, or other periodic monitoring, the operator shall:
(1) submit to the director a signed copy of each monitoring report prepared in
compliance with the applicable individual permit or multi-sector general permit;
(2) retain records of the monitoring results at the facility and make them available
to the director upon request; and
(3) when requested by the director, prepare a written report of any monitoring
conducted by the operator and submit it to the director.
(d) If an industrial facility is required by an individual permit or multi-sector general
permit to prepare an annual comprehensive site compliance evaluation report, the operator shall
submit to the director a signed copy of each report.
(e) By written notice, the director may require any industrial facility identified as not
being
I
in compliance with this section to implement a monitoring program that includes the written
submission of quantitative data on the following constituents:
EXHIBIT C
(1) Any pollutant listed in any applicable multi-sector general permit or in Chapter
307, Title 30 of the Texas Administrative Code, as amended.
(2) Any information on discharges required under 40 CFR Part 122.
(f) By written notice, the director may require any industrial facility regulated by this
section to conduct semi-annual or annual monitoring of stormwater discharges, or the director may
specify an alternative monitoring frequency or specify additional parameters to be analyzed. The
director may require written reports of any additional monitoring to be submitted.
(g) An operator of an industrial facility regulated by this section shall retain the
stormwater pollution prevention plan, all records of monitoring information, copies of all required
reports, and records of all data used to complete the notice of intent for at least three years after
submitting a notice of termination required by Subsection (i) of this section.
(h) No stormwater discharge associated with industrial activity may contain any
hazardous metals in a quantity that exceeds the maximum allowable concentrations listed in the
individual permit, multi- sector general permit, or Chapter 307, Title 30 of the Texas
Administrative Code, as amended, whichever limit is more stringent.
(i) The operator of an industrial facility regulated by this section shall submit a notice of
termination to the director, which includes the information required for notices of termination
under the individual permit or multi-sector general permit, whenever:
( 1) all stormwater discharges associated with industrial activity that are authorized
by this article and by the NPDES permit or TPDES permit are eliminated at the facility; or
(2) the operator of stormwater discharges associated with industrial activity at the
facility changes.
(j) An owner of a facility with a stormwater discharge associated with industrial activity
regulated by this section, whether or not the owner is an operator of the facility, is jointly and
severally responsible for compliance with:
(1) the best management practices measures required in the stormwater pollution
prevention plan for the facility; and
(2) the effluent limitations for hazardous metals specified in Subsection (h) of this
section.
(k) Upon request by the director, an owner or operator of any industrial facility that
experiences a problem complying with the requirements of this section, the multi-sector general
permit, or any applicable individual permit issued for stormwater discharges from the facility shall
consult with the director in an attempt to achieve compliance as soon as practicable. If compliance
is not achieved to the director's satisfaction, the director may report the noncompliance to the EPA
or to the TCEQ, or the director may commence or request commencement of any enforcement
action authorized under Section 19-118.1 of this article. Exercising the option for consultation
under this subsection is not a bar against, or prerequisite to, the taking of any other enforcement
action against an owner or operator of a facility.
(I) The operator of an industrial facility that qualifies for a no exposure exclusion under
the multi- sector general permit shall provide the director with a copy of the no exposure
certification provided to the TCEQ as required by the multi-sector general permit and a copy of
the written notification of coverage and the authorization number received from the TCEQ. The
director may inspect the industrial facility and conduct monitoring and sampling of any discharge
from the industrial facility to verify the no exposure exclusion.
(m) Upon request by the director, an owner or operator of an industrial facility shall
provide the director with documentation of the standard industrial classification of the operation
EXHIBIT C
conducted at the industrial facility. The documentation may include, but is not limited to, a copy
of the business license application filed for the industrial facility or copies of organizational or tax
documents for the business entity that operates the industrial facility, provided the standard
industrial classification is stated on the copies provided. If an owner or operator fails or refuses to
provide documentation of the standard industrial classification upon request by the director, then,
for purposes of enforcing this section, the director may assign to the industrial facility the standard
industrial classification under the multi-sector general permit that best describes the activities
observed at the industrial facility, as determined by the director. (Ord. Nos. 24033; 28461)
EXHIBIT C
3/19/2019 CHAPTER 5A AIR POLLUTION xx
[Print]
The Dallas City Code
SEC. 5A-3. CHAPTER DEFINITIONS.
The definition of a term in this section applies to each grammatical variation of the term. In this
chapter, unless the context requires a different definition:
(I) AIR CONTAMINANT means dust, fumes, gas, mist, odor, particulate matter, toxic
materials, smoke, or vapor, individually or in combination, that is produced by a process other than
natural.
(2) AIR POLLUTION means the presence in the atmosphere of one or more air contaminants in
such concentration and of such duration:
(A) as to have or tend to have an injurious or adverse effect on human health or safety, animal
or vegetable life, or property; or
(B) as to interfere with the normal use or enjoyment of animals, vegetation, or other property.
(3) DIRECTOR means the director of the department designated by the city manager to enforce
and administer this chapter and includes representatives, agents, or city employees designated by the
director to assist in the enforcement and administration of this chapter.
(4) FACILITY means any stationary source of air contaminants and includes the following
classes.
(A) Class "I" facility means a stationary source of air contaminants whose actual emissions at
design capacity are greater than or equal to 100 tons per year of any pollutant.
(B) Class "2" facility means a stationary source of air contaminants whose uncontrolled
emissions at design capacity would be greater than or equal to 100 tons per year for any pollutant, but
whose actual emissions are less than 100 tons per year.
(C) Class "3" facility means a stationary source of air contaminants whose uncontrolled
emissions at design capacity are less than 100 tons per year, but greater than or equal to five tons per
year.
(D) Class "4" facility means a facility whose uncontrolled emissions at design capacity are
less than five tons per year but whose emissions are significant, or have the potential to be
significant, or have a potential to be a nuisance.
(E) Class "5" facility means a dry cleaner that uses trichloroethylene, perchloroethylene, or
naphtha when conducting cleaning operations on clothing or other fabrics.
(5) PERSON means an individual; corporation; government or governmental subdivision; or
agency, trust, partnership, or two or more persons having a joint or common economic interest. (Ord.
Nos. 15079; 17226; 17344; 19647; 20076; 20612; 21144; 29879, eff. 10/1/15)
library.amlegal.com/alpscripts/get-content.aspx EXHIBIT C 1/1

3/19/2019 ARTICLE I IN GENERAL. xx
[Print]
SEC. 19-17. UNWHOLESOME PREMISES - GENERALLY.
No person shall suffer or permit any cellar, vault, drain, pool, privy, sewer, yard, grounds or
premises belonging to or controlled or occupied by him to become, from any cause, nauseous, foul,
offensive or injurious to the public health, or unpleasant and disagreeable to adjacent residents or
persons. (Code 1941, Art 86-17)
library.amlegal.com/alpscripts/get~content.aspx EXHIBIT C 1/1

3/19/2019 CHAPTER 5A AIR POLLUTION xx
! Print J
SEC. SA-6. TEXAS NATURAL RESOURCE CONSERVATION

COMMISSION RULES.
The city hereby adopts by reference the following rules of the Texas Natural Resource
Conservation Commission, in their current form and as they may hereafter be amended (a copy of
which is on file in the office of the director), including the tables, graphs, figures, appendices, and
other matter promulgated as part of the state commission's rules, all of which are incorporated by
reference as though written fully word for word in this chapter.
(1) 30 TAC, Chapter 101, General Rules.
(2) 30 TAC, Chapter 104, Bond Certification Criteria for Air Pollution Control Facilities.
(3) 30 TAC, Chapter 106, Exemptions from Permitting.
(4) 30 TAC, Chapter 111, (Regulation I) Control of Air Pollution from Visible Emissions and
Particulate Matter.
(5) 30 TAC, Chapter 112, (Regulation II) Control of Air Pollution from Sulphur Compounds.
(6) 30 TAC, Chapter 113, (Regulation III) Control of Air Pollution from Toxic Materials.
(7) 30 TAC, Chapter 114, (Regulation IV) Control of Air Pollution from Motor Vehicles.
(8) 30 TAC, Chapter 115, (Regulation V) Control of Air Pollution from Volatile Organic
Compounds.
(9) 30 TAC, Chapter 116, (Regulation VI) Control of Air Pollution by Permits for New
Construction or Modification.
(10) 30 TAC, Chapter 117, (Regulation VII) Control of Air Pollution from Nitrogen Compounds.
(11) 30 TAC, Chapter 118, (Regulation VIII) Control of Air Pollution Episodes.
(12) 30 TAC, Chapter 119, (Regulation IX) Control of Air Pollution from Carbon Monoxide.
(13) 30 TAC, Chapter 122, (Regulation XII) Federal Operating Permits.
(Ord.Nos. 15079; 17344; 18902;21144;22442;22894;23264;23723;24027)

3/19/2019 ARTICLE I. GENERAL PROVISIONS. xx
[Print]
SEC. 51A-1.104. CERTIFICATE OF OCCUPANCY.
Except as provided in Section 306.1, "Use or Occupancy," of Chapter 52, "Administrative

Procedures for the Construction Codes," a person shall not use or occupy or change the use or
occupancy of a building, a portion of a building, or land without obtaining a certificate of occupancy
from the building official in compliance with Section 306, "Certificate of Occupancy," of Chapter 52,
"Administrative Procedures for the Construction Codes," of the Dallas City Code. (Ord. Nos. 19455;
21735;22204;24439;26579;29023)
librarv.amle!lal.com/aloscriots/oet-content.asox
EXHIBIT C 1/1
SEC. 19-118.7. STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL
ACTIVITY.
(a) An operator of an industrial facility shall comply with all terms and conditions of the
multi- sector general permit or an individual NPDES or TPDES permit, whichever is obtained for ·
the activity conducted at the industrial facility. An operator of an industrial facility shall use best
waters of the United States, and state water of any material or substance handled, stored, or
generated by the industrial facility and any pollutant that may be attributed to those materials or
substances. An operator is required to retain records of all monitoring information collected for a
six-year period from the date of sample collection. An operator shall submit any monitoring results
or a summary of results as required by the multi-sector general permit or an individual permit to
the director and, upori request, shall submit copies of discharge monitoring reports to the director.
(b) The b6st management practices referred to in Subsection (a) of this section may
include, but are not limited to, the following measures:
(1) Providing general good housekeeping measures to ensure that areas within the
industrial facility that may contribute pollutants to stormwater discharge are
routinely cleaned and kept orderly.
(2) Implementing effective waste disposal and waste management techniques, including
but not limited to providing secondary containment, covering waste materials, and
minimizing ground contact with hazardous chemicals and trash.
(3) Implementing and maintaining spill prevention and response measures, including but
not limited to secondary containment, .labeling, and cleanup techniques.
(4) Implementing and maintaining erosion prevention measures, including but not limited
to soil stabilization through vegetative cover, contouring slopes, paving, and
structural controls.
(S) Implementing and maintaining structural controls, including but not limited to oil-
water separators, sediment ponds, catch basins, grassed swales, and berms.
(6) Eliminating or reducing exposure of garbage and refuse.materials to precipitation or
runoff prior to disposal.
(7) Eliminating or reducing exposure of containers or equipment that are covered or
partially covered with oil, grease, rust, or other potentially polluting substances to
precipitation or runoff.
(c) If an industrial facility is required by an individual permit or multi-sector general
permit to conduct annual, semi-annual, or other periodic monitoring, the operator shall:
(I) submit to the director a signed copy of each monitoring report prepared in
compliance with the applicable individual permit or multi-sector general permit;
(2) retain records of the monitoring results at the facility and make them available
to the director upon request; and
(3) when requested by the director, prepare a written report of any monitoring
conducted by the operator and submit it to the director.
(d) If an industrial facility is required by an individual. permit or multi-sector general
permit to prepare an annual comprehensive site compliance evaluation report, the operator shall
submit to the director a signed copy of each report.
(e) By written notice, the director may require any industrial facility identified as not
being in compliance with this section to implement a monitoring program that includes the written
I
submission of quantitative data on the following constituents:
EXHIBIT C
(1) Any pollutant listed in any applicable multi-sector general permit or in Chapter
307, Title 30 of the Texas Administrative Code, as amended.
(f) By written notice, the director may require any industrial facility regulated by this
section to conduct semi-annual or annual monitoring of stormwater discharges, or the director may
specify an alternative monitoring frequency or specify additional parameters to be analyzed. The
director may require written reports of any additional monitoring to be submitted.
(g) An operator of an industrial facility regulated by this section shall retain the
stormwater pollution prevention plan, all records of monitoring information, copies of all required
reports, and records of all data used to complete the notice of intent for at least three years after
submitting a notice of termination required by Subsection (i) of this section.
(h) No stormwater discharge associated with industrial activity may contain any
hazardous metals in a quantity that exceeds the maximum allowable concentrations listed in the
individual permit, multi- sector general permit, or Chapter 307, Title 30 of the Texas
Administrative Code, as amended, whichever limit is more stringent.
termination to the director, which includes the information required for notices of termination
under the individual permit or multi-sector general permit, whenever:
( 1) all stormwater discharges associated with industrial activity that are authorized
by this article and by the NPDES permit or TPDES permit are eliminated at the facility; or
(2) the operator of stormwater discharges associated with industrial activity at the
facility changes.
G) An owner of a facility with a stormwater discharge associated with industrial activity
regulated by this section, whether or not the owner is an operator of the facility, is jointly and
severally responsible for compliance with:
(1) the best management practices measures required in the stormwater pollution
prevention plan for the facility; and
(2) the effluent limitations for hazardous metals specified in Subsection (h) of this
section.
(k) Upon request by the director, an owner or operator of any industrial facility that
experiences a problem complying with the requirements of this section, the multi-sector general
permit, or any applicable individual permit issued for stormwater discharges from the facility shall
consult with the director in an attempt to achieve compliance as soon as practicable. If compliance
is not achieved to the director's satisfaction, the director may report the noncompliance to the EPA
or to the TCEQ, or the director may commence or request commencement of any enforcement
action authorized under Section 19-118.1 of this article. Exercising the option for consultation
under this subsection is not a bar against, or prerequisite to, the taking of any other enforcement
action against an owner or operator of a facility.
(I) The operator of an industrial facility that qualifies for a no exposure exclusion under
the multi- sector general permit shall provide the director with a copy of the no exposure
certification provided to the TCEQ as required by the multi-sector general permit and a copy of
the written notification of coverage and the authorization number received from the TCEQ. The
director may inspect the industrial facility and conduct monitoring and sampling of any discharge
from the industrial facility to verify the no exposure exclusion.
(m) Upon request by the director, an owner or operator of an industrial facility shall
provide the director with documentation of the standard industrial classification of the operation
EXHIBIT C
conducted at the industrial facility. The documentation may include, but is not limited to, a copy
of the business license application filed for the industrial facility or copies of organizational or tax
documents for the business entity that operates the industrial facility, provided the standard
industrial classification is stated on the copies provided. If an owner or operator fails or refuses to
provide documentation of the standard industrial classification upon request by the director, then,
for purposes of enforcing this section, the director may assign to the industrial facility the standard
industrial classification under the multi-sector general permit that best describes the activities
observed at the industrial facility, as determined by the director. (Ord. Nos. 24033; 28461)
EXHIBIT C
3/19/2019 CHAPTER 7AANTI-LITIER REGULATIONS xx
l Print]
SEC. 7A-18. DUTY TO MAINTAIN PREMISES FREE FROM LITTER.
An owner, occupant, or person in control of private premises commits an offense if he places,

deposits, or throws; permits to accumulate; or permits or causes to be placed, deposited, or thrown,
any litter on the premises or in or on any gutter or parkway adjacent to the premises or on one-half of
that portion of an alley adjacent to the premises, unless the litter has been deposited in an authorized
private receptacle for collection. (Ord. Nos. 10371; 13804; 20599)
librarv.amleaal.com/aloscriots/aet~content.asox
EXHIBIT C 1/1
3/19/2019 ARTICLE I IN GENERAL. xx
[Print]
SEC. 19-26. BUSINESSES OR SUBSTANCES INJURIOUS TO

HEALTH.
If anyone within the city shall carry on any trade, business or occupation injurious to the health of
those who reside in the vicinity, or shall suffer any substance which shall have that effect to remain
on his premises, in his possession or under his control, he is guilty of an offense. (Code 1941, Art.
86-25; Ord. 19963)
librarv.amleQal.com/aloscripts/aet-content.aspx
EXHIBIT C 1/1
~!SEC.19-118.2. PROHIBITED DISCHARGES.
(a) A person commits an offense if he discharges or causes to be discharged any water
that does not consist entirely of stormwater into the stormwater drainage system, waters of the
United States, or state water.
(b) It is a defense to prosecution under Subsection (a) that a discharge of water not
composed entirely of stormwater resulted or occurred exclusively from one or more of the
following sources, activities, or events:
system.
(8) Uncontaminated groundwater infiltration, as that term is defined in 40 CPR
Section 35.2005(b)(20), into the stormwater drainage system.
(9) A foundation drain, crawl space pump, footing drain, or sump pump, if the
discharge is uncontaminated.
(10) A potable water source that does not contain:
(A) a harmful quantity of a pollutant; or
(B) any harmful substance or material from the cleaning or draining of a
storage tank or other container.
(11) Air conditioning condensation that is unmixed with water from a cooling
tower, emissions scrubber, emissions filter, or other source of pollutant.
(12) Individual residential car washing.
(13) A riparian habitat or wetlands.
(14) Water used in washing streets, sidewalks, parking lots, driveways, or other
structures that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier,
dispersant, or a harmful quantity of any other cleaning substance..
(15) Stormwater runoff from a roof that is not contaminated by any runoff or
discharge from an emissions scrubber, emissions filter, or other source of pollutant.
(16) Swimming pool water that:
(A) has been dechlorinated so that total chlorine residual is less than one
mg/L;
(B) is not able to be discharged into the wastewater system because:
(i) the swimming pool discharge point is located more than 200
linear feet from the closest access point to the wastewater system; or
EXHIBIT C
(ii) the property on which the swimming pool is located:
(aa) does not receive service from the city's wastewater
system; and
(bb) is not served by an on-site wastewater treatment
facility with adequate capacity to receive the discharge of the swimming pool water;
(C) is not the result of pool filter backwash; and
(D) does not contain:
(i) any chemical used in the treatment or disinfection of
(ii) a pH of the water of less than five;
( 17) A temporary car wash sponsored by a civic group, school, or a religious or
other nonprofit organization.
(18) Other allowable non-stormwater discharges listed in 40 CPR Section
122.26(d)(2)(iv)(B)(l), as amended.
(c) No defense to prosecution is available under Subsection (b) if:
(1) the discharge in question has been determined by the director to be the source
of a pollutant to the stormwater drainage system, waters of the United States, or state water;
(2) written notice of such determination has been provided to the discharger; and
(3) the discharge has occurred more frequently than or beyond the limits
permitted by the director on a case by case basis.
(d) In any civil or criminal action, the discharger has the burden of proving that a
discharge in violation of Subsection (a) is uncontaminated or falls within a defense to
prosecution under Subsection (b). Prima facie proof that a discharge is uncontaminated must be
made in the form of an analysis by a certified laboratory, using standard methods or procedures
prescribed by EPA or TCEQ regulations. A copy of the laboratory analysis must be sent to the
director.
(e) A person commits an offense if he discharges or causes to be discharged into the
stormwater drainage system, waters of the United States, or state water a pollutant or substance
that causes or contributes in causing the city to violate a water quality standard, the city's
NPDES permit or TPDES permit, or any state- issued discharge permit for discharges from the
city's stormwater drainage system.
(f) A person commits an offense if he discharges or allows or permits the discharge of
any of the following into the stormwater drainage system:
(1) Oil, used oil, or any.motor vehicle fluid.
(2) Industrial waste.
(3) Hazardous waste, including household hazardous waste.
(4) Domestic wastewater, septic tank waste, grease trap waste, or grit trap waste.
(5) Garbage, rubbish, or yard waste.
(6) Wastewater from:
(A) any commercial vehicle washing facility, including any commercial
car wash located on the premises of any office building or in any parking garage;
EXHIBIT C
(B) any vehicle washing, cleaning, or maintenance at any new or used
automobile or other vehicle dealership, rental agency, body shop, repair shop, or maintenance
facility;
(C) any washing, cleaning, or maintenance of any business, commercial,
or public service vehicle (including a truck, bus, or heavy equipment) by a business or public
entity that operates more than two of such vehicles;
(D) the washing, cleaning, de-icing, or other maintenance of aircraft;
(E) any mobile power washing operation if the wastewater contains a
harmful quantity of any soap, detergent, degreaser, solvent, emulsifier, dispersant, or other
cleaning substance or pollutant;
(F) floor, rug, or carpet cleaning;
(G) the washdown or other cleaning of pavement if the wastewater
contains a harmful quantity of any soap, detergent, solvent, degreaser, emulsifier, dispersant, or
other cleaning substance or pollutant;
(H) the washdown or other cleaning of any pavement where any spill,
leak, or other release of oil, motor fuel, or other petroleum product or hazardous substance has
occurred, unless all harmful quantities of the released material have been previously removed; or
(I) a portable restroom or other temporary sanitary facility.
(7) Effluent from a cooling tower, condenser, compressor, emissions scrubber, or
emissions filter or the blowdown from a boiler.
(8) Ready-mixed concrete, mortar, ceramic or asphalt base material, or
hydromulch material, or wastewater from the cleaning of vehicles or equipment containing or
used in transporting or applying such material.
(9) Runoff or washdown water from any animal pen, kennel, or fowl or livestock
containment area.
( 10) Filter backwash from a swimming pool, fountain, or spa.
(11) Swimming pool water that:
(A) has a total chlorine residual of one mg/L or more;
(B) is from a swimming pool with a discharge point located 200 linear
feet or less from the closest access point to the wastewater system;
(C) is from a swimming pool that is served by an on-site wastewater
treatment facility with adequate capacity to receive the discharge of the swimming pool water; or
(D) contains:
(i) a quantity of muriatic acid sufficient to reduce the pH of the
water to less than five;
(ii) any other chemical used in the treatment or disinfection of
(12) Discharge from water line disinfection by superchlorination or other means
if:
(A) the total chlorine residual is at one mg/L or more;
(B) the discharge contains any hazardous substance or exceeds the
Administrative Code, as amended; or
EXHIBIT C
(C) the discharge causes erosion of the soil.
(13) Fire protection water containing oil or a hazardous substance or material,
unless treatment adequate to remove pollutants occurs prior to discharge, except that this
prohibition does not apply to discharges or flow from fire fighting by the fire department.
(14) Water from a water curtain in a spray room used for painting vehicles or
equipment.
(15) Contaminated runoff from a vehicle wrecking yard.
(16) Any substance or material that will damage, block, or clog the stormwater
drainage system.
(17) Any discharge from a petroleum storage tank, any leachate or runoff from
soil contaminated by a leaking petroleum storage tank, or any discharge of pumped, confined, or
treated wastewater from the remediation of a petroleum storage tank release, unless the discharge
complies with all state and federal standards and requirements and does not contain a harmful
quantity of any pollutant.
(18) Any paint, finish, or paint cleaning material, including but not limited to
auto body paint, latex paint, wood finishing material, texturing product, varnish, paint thinner, or
paint sol vent of any kind.
( 19) A harmful quantity of dust resulting from sanding, grinding, cutting,
sawing, or storage of any materials.
-\ (g) A person commits an offense if he discharges into the stormwater drainage system a
harmful quantity of sediment, silt, earth, soil, or other material associated with:
(1) clearing, grading, excavating, or other construction activities; or
(2) landfilling or other placement or disposal of soil, rock, or other earth
materials in excess of what could be retained on site or captured by employing sediment and
erosion control measures to the maximum extent practicable. ,
(h) A person commits an offense if he connects a line that conveys domestic wastewater
or industrial waste to the stormwater drainage system or knowingly allows such a connection to
continue. (Ord. Nos. 24033; 28461) -
EXHIBIT C
3/1912019 ARTICLE IX. STORMWATER DRAINAGE SYSTEM. xx
[~~~~-~]
SEC. 19-118.7. STORMWATER DISCHARGES ASSOCIATED WITH

INDUSTRIAL ACTIVITY.
(a) An operator of an industrial facility shall comply with all terms and conditions of the multi-
sector general permit or an individual NPDES or TPDES permit, whichever is obtained for the
activity conducted at the industrial facility. An operator of an industrial facility shall use best
waters of the United States, and state water of any material or substance handled, stored, or generated
by the industrial facility and any pollutant that may be attributed to those materials or substances. An
operator is required to retain records of all monitoring information collected for a six-year period
from the date of sample collection. An operator shall submit any monitoring results or a summary of
results as required by the multi-sector general permit or an individual permit to the director and, upon
request, shall submit copies of discharge monitoring reports to the director.
(b) The best management practices referred to in Subsection (a) of this section may include, but
are not limited to, the following measures:
(1) Providing general good housekeeping measures to ensure that areas within the industrial
facility that may contribute pollutants to stormwater discharge are routinely cleaned and kept orderly.
(2) Implementing effective waste disposal and waste management techniques, including but not
limited to providing secondary containment, covering waste materials, and minimizing ground
contact with hazardous chemicals and trash.
(3) Implementing and maintaining spill prevention and response measures, including but not
limited to secondary containment, labeling, and cleanup techniques.
(4) Implementing and maintaining erosion prevention measures, including but not limited to soil
stabilization through vegetative cover, contouring slopes, paving, and structural controls.
(5) Implementing and maintaining structural controls, including but not limited to oil- water
separators, sediment ponds, catch basins, grassed swales, and berms.
(6) Eliminating or reducing exposure of garbage and refuse materials to precipitation or runoff
prior to disposal.
(7) Eliminating or reducing exposure of containers or equipment that are covered or partially
covered with oil, grease, rust, or other potentially polluting substances to precipitation or runoff.
(c) If an industrial facility is required by an individual permit or multi-sector general permit to

conduct annual, semi-annual, or other periodic monitoring, the operator shall:
(1) submit to the director a signed copy of each monitoring report prepared in compliance with
the applicable individual permit or multi-sector general permit;
(2) retain records of the monitoring results at the facility and make them available to the director
upon request; and
librarv.amle!lal.com/alpscripts/get-content.aspx
EXHIBIT C 1/3
3/19/2019 ARTICLE IX. STORMWATER DRAINAGE SYSTEM. xx
(3) when requested by the director, prepare a written report of any monitoring conducted by the
operator and submit it to the director.
(d) If an industrial facility is required by an individual permit or multi-sector general permit to
prepare an annual comprehensive site compliance evaluation report, the operator shall submit to the
director a signed copy of each report.
(e) By written notice, the director may require any industrial facility identified as not being in
compliance with this section to implement a monitoring program that includes the written submission
of quantitative data on the following constituents:
(1) Any pollutant listed in any applicable multi-sector general permit or in Chapter 307, Title 30
of the Texas Administrative Code, as amended.
(f) By written notice, the director may require any industrial facility regulated by this section to
conduct semi-annual or annual monitoring of stormwater discharges, or the director may specify an
alternative monitoring frequency or specify additional parameters to be analyzed. The director may
require written reports of any additional monitoring to be submitted.
(g) An operator of an industrial facility regulated by this section shall retain the stormwater
pollution prevention plan, all records of monitoring information, copies of all required reports, and
records of all data used to complete the notice of intent for at least three years after submitting a
notice of termination required by Subsection (i) of this section.
(h) No stormwater discharge associated with industrial activity may contain any hazardous metals
in a quantity that exceeds the maximum allowable concentrations listed in the individual permit,
multi- sector general permit, or Chapter 307, Title. 30 of the Texas Administrative Code, as amended,
whichever limit is more stringent.
termination to the director, which includes the information required for notices of termination under
the individual permit or multi-sector general permit, whenever:
(1) all stormwater discharges associated with industrial activity that are authorized by this article
and by the NPDES permit or TPDES permit are eliminated at the facility; or
(2) the operator of stormwater discharges associated with industrial activity at the facility
changes.
(j) An owner of a facility with a stormwater discharge associated with industrial activity regulated
by this section, whether or not the owner is an operator of the facility, is jointly and severally
responsible for compliance with:
(1) the best management practices measures required in the stormwater pollution prevention
plan for the facility; and
(2) the effluent limitations for hazardous metals specified in Subsection (h) of this section.
(k) Upon request by the director, an owner or operator of any industrial facility that experiences a
problem complying with the requirements of this section, the multi-sector general permit, or any
applicable individual permit issued for stormwater discharges from the facility shall consult with the
director in an attempt to achieve compliance as soon as practicable. If compliance is not achieved to
library.amlegal.com/alpscripts/get-content.aspx
EXHIBIT C 2/3
3/19/2019 ARTICLE IX. STORMWATER DRAINAGE SYSTEM. xx
the director's satisfaction, the director may report the noncompliance to the EPA or to the TCEQ, or
the director may commence or request commencement of any enforcement action authorized under
Section 19-118.1 of this article. Exercising the option for consultation under this subsection is not a
bar against, or prerequisite to, the taking of any other enforcement action against an owner or
operator of a facility.
(1) The operator of an industrial facility that qualifies for a no exposure exclusion under the multi-
sector general permit shall provide the director with a copy of the no exposure certification provided
to the TCEQ as required by the multi-sector general permit and a copy of the written notification of
coverage and the authorization number received from the TCEQ. The director may inspect the
industrial facility and conduct monitoring and sampling of any discharge from the industrial facility
to verify the no exposure exclusion.
(m) Upon request by the director, an owner or operator of an industrial facility shall provide the
director with documentation of the standard industrial classification of the operation conducted at the
industrial facility. The documentation may include, but is not limited to, a copy of the business
license application filed for the industrial facility or copies of organizational or tax documents for the
business entity that operates the industrial facility, provided the standard industrial classification is
stated on the copies provided. If an owner or operator fails or refuses to provide documentation of
the standard industrial classification upon request by the director, then, for purposes of enforcing this
section, the director may assign to the industrial facility the standard industrial classification under
the multi-sector general permit that best describes the activities observed at the industrial facility, as
determined by the director. (Ord. Nos. 24033; 28461)

3/20/2019 ARTICLE V. FLOOD PLAIN AND ESCARPMENT ZONE REGULATIONS. xx
I Print]
~ H - O H _ _ ,HOHOHO
SEC. 51A-5.104. USES AND IMPROVEMENTS PERMITTED.
(a) Uses permitted. To allow for the appropriate development ofland which is subject to flooding
without unduly endangering life and property, the following uses are permitted in an FP area
provided they are permitted in the underlying zoning district and comply with the requirements of
Section 51A-5.105(g) and all applicable elevation requirements of the Federal Emergency
:tv1anagementAgency:
(1) Farm or ranch.
(2) Utility services, electrical substation, detention basin, water reservoir or pumping station,
and water treatment plant.
(3) Sanitary landfill and refuse transfer station.
(4) Public park or playground, private recreation club or area, private community center, and
golf course.
(5) Outside commercial amusement approved by specific use permit.
(6) Helistop approved by specific use permit.
(7) Radio, television, or microwave tower, and amateur communications tower.
(b) Improvements permitted.
(1) Structures. A structure customarily associated with a use listed in Subsection (a) may be
constructed within an FP area only if the director of water utilities determines that the proposed
structure meets the same engineering requirements applicable to filing in Section 51A-5.105 (g) and
issues a flood plain alteration permit.
(2) Improvements. The owner of a structure in an FP area shall not make any improvements to
the structure without first obtaining approval from the director of water utilities. The director of
water utilities may approve proposed improvements if the cumulative value of all improvements for
the previous ten years is less than 50 percent of the market or tax appraisal value of improvements on
the property, whichever is greater. No substantial improvements are permitted. Any improvement
must comply with the requirements of Section 5 lA-5.105 (g).
(3) Completion of vested structures. The building official shall not withhold a final inspection or
certificate of occupancy for a structure in an FP area if building permits for the structure were issued
by the building official before FE:tv1A's FIR:tv1 becomes effective designating such areas as AA or AE,
and the structure otherwise complies with all applicable requirements.
(4) Board of adjustment. The board of adjustment may grant a special exception to allow the
reconstruction of a structure in an FP area upon a showing of good and sufficient cause, a
determination that failure to all the reconstruction would result in exceptional hardship to the
property owner, and a determination that the reconstruction will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or
EXHIBIT C
victimization of the public, or conflict with other laws. The board may not grant a special exception
library.amlegal.com/alpscripts/get-content.aspx 1/12
3120/2019 ARTICLE V. FLOOD PLAIN AND ESCARPMENT ZONE REGULATIONS. xx
to authorize reconstruction within any designated floodway if any increase in flood levels during the
base flood discharge would result. Any special exception granted must be the minimum necessary,
considering the flood hazard, to afford relief. The reconstruction of a structure in an FP area may not
increase the lot coverage of the structure.
(A) The director of water utilities shall notify in writing the owner of a structure in an FP area.
that:
(i) the granting of a special exception to reconstruct the structure below the base flood level
will result in increased premium rates for flood insurance that will commensurate with the increased
risk; and
(ii) the construction below the base flood level increases risks to life and property. The
notification letter must be maintained with the record of the board's action.
(B) The FP administrator shall maintain a record of all actions involving applications for
special exceptions and shall report special exceptions to FEMA upon request.
(5) Parking.
(A) Surface t1arking. All surface parking spaces must be constructed at a minimum elevation
of two feet above the design flood elevation.
(B) Underground t1arking_garages. The entrance elevation and any openings on underground
parking garages constructed within or adjacent to a flood prone area may not be lower than two feet
above the design flood elevation.
(C) Elm Fork, West Fork, and Trinizy. River flood t1lain. The minimum elevation requirements
do not apply to parking in the flood plain of Elm Fork, West Fork, and main stem of the Trinity
River.
(D) Storage in the flood t1lain t1rohibited.
(i) A person shall not place, store, or maintain a shipping container, trailer, boat, inoperable
vehicle, or construction equipment in the flood plain. For purposes of this paragraph, the term
"vehicle" includes but is not limited to automobiles, buses, and recreational vehicles. It is a defense
to prosecution that the placement, storage, or maintenance of shipping containers, trailers, boats,
inoperable vehicles, or construction equipment is otherwise permitted by or in connection with a
valid federal, state, county, or city permit, or is otherwise authorized by those entities.
(ii) The director of water utilities shall give written notice and allow persons in violation of
Subparagraph (i) a period of 180 days to come into compliance.
(6) Manufactured homes. Manufactured homes may not be placed in manufactured home parks,
courts, or subdivisions within flood plain areas unless all of the following requirements are met:
(A) No manufactured home may be placed within a floodway.

(B) The manufactured home park, court, or subdivision where the manufactured home is to be
placed must have been an existing development prior to March 16, 1983, the effective date of the
original City of Dallas Flood Insurance Rate Map.
(C) All manufactured homes to be placed within a flood plain area in accordance with
Subparagraph (B) must be installed using methods and practices that minimize flood damage.
library.amlegal.com/alpscripts/get~content.aspx EXHIBIT C 2/12

(D) The lowest floor of a manufactured home must be elevated one foot above the design
flood elevation, and the home must be anchored to resist flotation, collapse, or lateral movement. An
acceptable method of anchoring includes but is not limited to the use of over-the-top frame ties to
ground anchors. Applicable state anchoring requirements for resisting wind forces must be met. A
registered land surveyor shall submit a certification to the director of water utilities stating that
elevation requirements are satisfied.
(E) The manufactured home's chassis must be supported by reinforced piers or other
foundation elements that are less than 36 inches in height above grade. The chassis must be securely
anchored to a foundation system to resist flotation, collapse, and lateral movement.
(F) Enclosure of areas below the lowest floor of a manufactured home placed within an FP
area must be designed to automatically equalize hydrostatic floor forces on exterior walls by
allowing for the entry and exit of flood water. Designs for meeting this requirement must be certified
by a licensed professional engineer and satisfy the following criteria:
(i) At least two openings must be provided which have a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding.
(ii) The bottom of all openings must be no higher than one foot above grade. Openings may
be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the
automatic entry and exit of floodwater.
(c) Construction standards. All improvements and construction permitted in an FP area must
comply with the following requirements:
(1) Structures must be:
(A) securely anchored to the foundation and otherwise designed to prevent flotation and
collapse during inundation; and
(B) designed to prevent damage to nonstructural elements during inundation.
(2) Thermal insulation used below the first floor level must be of a type that does not absorb
water.
(3) Adhesives must have a bonding strength that is unaffected by inundation.
(4) Doors and all wood trim must be sealed with a water-proof paint or similar product.
(5) Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service
facilities must be designed and located to prevent water from entering or accumulating in the
components during flooding.
(6) Basements.
(A) Basements are permitted only in nonresidential construction and only if they are designed
to preclude inundation by the design flood level, either by:
(i) locating any exterior opening at least three feet above the level of the design flood
elevation; or
(ii) using water-tight closures, such as bulkheads and flood shields.

(B) All basements must be constructed so that any enclosure area, including utilities and
sanitary facilities below the flood-proofed design level, is watertight with impermeable walls.
(C) Basement walls must be built with the capacity to resist hydrostatic and hydrodynamic
loads and the effects of buoyancy resulting from flooding to the flood-proofed design level so that
minimal damage will occur from floods that exceed the flood-proofed design level.
(D) The area surrounding the structure must be filled to or above the elevation of the design
flood. The fill must be compacted, and slopes must be protected by vegetative cover.
(E) Basements must be designed by a licensed engineer.

(7) Plywood used at or below the first floor level must be of an "exterior" or "marine" grade and
of a water-resistant or waterproof variety.
(8) Wood flooring used at or below the first floor level must be installed to accommodate a
lateral expansion of the flooring, perpendicular to the flooring grain, without incurring structural
damage to the building.
(9) Basement ceilings must consist of a sufficient wet strength and be installed to survive
inundation.
(10) Paints or other finishes used at or below the first floor level must be capable of surviving
inundation.
(11) All air ducts, large pipes and storage tanks located at or below the first floor level must be
firmly anchored to prevent flotation.
(12) Tanks must be vented at a location above the 100-year flood level. (Ord. Nos. 19455;
19786;20360;24085;24543;27697;27893;30994)
SEC. 51A-5.105. FILLING IN THE FLOOD PLAIN.
(a) Permit reQuired.

(1) A person shall not deposit or store fill, place a structure, excavate, or engage in any other
development activities in an FP area without first obtaining:
(A) a fill permit or an FP alteration permit from the director of water utilities; and
(B) all other permits required by county, state, and federal agencies.
(2) A fill permit allows the property to be developed at a specified elevation in compliance with
this section.
(3) The director of water utilities shall maintain a record of all fill permits and FP alteration
permits.
(b) Flood P-lain alteration t1ermit. The director of water utilities may issue a flood plain alteration
permit ifhe or she determines that:
(1) the alteration does not remove an FP designation; and
(2) the alteration complies with all applicable engineering requirements in Subsection (g).
library.amlega\.com/alpscripts/get-content.aspx
EXHIBIT C 4/12
(c) Initiation of fill I)ermit I)rocess.

(1) AI)I)lication. An applicant for a fill permit shall submit an application to the director of water
utilities on a form approved by the director and signed by all owners of the property.
(2) Notification signs. Except as provided in Section 51A-5.105 (t)(2), an applicant is
responsible for obtaining the required number of notification signs and posting them on the property
that is subject of the application. Notification signs must be obtained from the director of water
utilities at the time the application is made.
(A) Number of signs required. For tracts of five acres or less, only one notification sign is
required. An additional notification sign is required for each additional five acres or less, except that
no applicant is required to obtain and post more than five notification signs on the property,
regardless of its size.
(B) Posting of signs. The applicant shall post the required number of notification signs on the
property at least 15 days before the date of the scheduled public hearing before the city council. The
signs must be posted at a prominent location adjacent to a public street and be easily visible from the
street.
(C) Failure to compJY., If the city council determines that the applicant has failed to comply
with the provisions of this section, it may postpone the public hearing.
(d) PreaI)I)lication conference.
(1) An applicant for a fill permit shall request a preapplication conference with representatives
from the department of water utilities.
(2) At the preapplication conference, the director of water utilities shall determine what
information is necessary for a complete evaluation of the proposed fill project. The director may
require the applicant to submit all necessary information, including, but not limited to the following:
(A) A vicinity map.

(B) The acreage figures for the entire tract, the area located in the flood plain, and the area
proposed to be filled.
(C) A description of existing and proposed hydrologic and hydraulic analysis conducted.
(D) A landscape and erosion control plan. The landscape plan must comply with the
Landscape and Tree Preservation Regulations in Article X of the Dallas Development Code, as
amended.
(E) A table of values for analysis of the engineering criteria listed in Subsections (h)(l), (h)(2),
and (h)(4).
(F) A water surface profile.
(G) A plan view showing existing and proposed contours and grading.
(H) Plotted cross-sections.
(I) An overall map of the project area.
(e) Filling to remove an FP designation.

(1) In general. This subsection applies to applications to remove an FP designation other than
applications to remove an FP designation from an interior drainage area pursuant to Subsection (f).
(2) Review of application by: departments.
(A) If the application is to remove an FP designation, the director of water utilities shall
forward copies of the application to the director of sustainable development and construction, the
chief planning officer, and the director of park and recreation for review.
(B) The director of sustainable development and construction, the chief planning officer, and
the director of park and recreation shall review the application and advise the director of water
utilities of the environmental impacts of the project. They shall also determine whether the
applicant's property should be considered for public acquisition due to its ecological, scenic, historic
or recreational value. The director of water utilities shall provide a report to the city council on each
application regarding environmental impacts and public acquisition issues.
(3) Neighborhood meeting. The water utilities department shall schedule and conduct a
neighborhood meeting on each application. The applicant or the applicant's representative must
attend the neighborhood meeting. The director shall send written notice of the meeting to the
applicant, to all owners of real property within 500 feet from the boundary of the subject property,
and to persons and organizations on the early notification list on file with the department of
sustainable development and construction. Measurements include the streets and alleys. The notice
must be given not less than 10 days before the date set for the neighborhood meeting by depositing
the notice properly addressed and postage paid in the United States mail to the property owners as
evidenced by the last approved city tax roll. This notice must be written in English and Spanish if the
area of request is located wholly or partly within a census tract in which 50 percent or more of the
inhabitants are persons of Spanish origin or descent according to the most recent federal decennial
census.
(4) Notice and public hearing. After the neighborhood meeting, the director of water utilities
shall schedule a public hearing on the application. The city secretary shall give notice of the public
hearing in the official newspaper of the city at least 15 days before the date of the public hearing. The
director shall also send written notice of the public hearing to the applicant, to all owners of real
property within 500 feet from the boundary of the subject property, and to persons and organizations
on the early notification list on file with the department of sustainable development and construction.
Written notice must be given in the same manner required in Paragraph (2) for the neighborhood
meeting.
(5) Decision on application.
(A) After notice and a public hearing in compliance with Paragraph (3), the city council shall
approve or deny the application for a fill permit. The city council may only deny an application if:
(i) the application does not meet the requirements of Section 5 lA-5.105(g); or
(ii) the city council has, by resolution, authorized acquisition of the property under the laws
of eminent domain, and denial of the application is necessary to preserve the status quo until the
property is acquired.
(B) In connection with its approval of a fill permit, the city council may grant a variance to the
requirements of Subsection (h) if the variance will not violate any provision of federal or state law or
endanger life or property.
library.amlegal.corn/alpscripts/get-content.aspx
EXHIBIT C 6/12
(C) If the city council approves a fill permit application, the FP designation for the filled area
may be removed from the official zoning district map upon compliance by the applicant with the
specifications for filling.
(6) Zoning map revision. Upon compliance with all applicable requirements of this section by
the applicant, the director of water utilities shall notify the director of sustainable development and
construction, who shall remove the FP designation for the filled area from the official zoning district
map.
(7) Letter of Map Revision (LOMR)_. A letter of map revision must be obtained from FEMA, if
applicable, before an FP prefix may be removed from the official zoning district map. A building
permit may be issued for construction of underground utilities if a conditional letter of map revision
(CLOMR) is obtained; however, no building permit for construction of a structure may be issued
until a fmal letter of map revision (LOMR) is obtained.
(f) Removal of an FP designation from an interior drainage area.
(1) Review of application bY. director. The director of water utilities may approve an application
for removal of the FP designation in interior drainage areas if:
(A) the director determines the subject area is no longer at risk for flooding based on
minimum fill and finished floor elevation;
(B) removal of the FP designation will not negatively affect valley storage; and
(C) the removal of the FP designation is for the purpose of constructing structures that
conform to existing zoning.
(2) Notification signs not re!;luired. The applicant is not required to post notification signs.
(3) Zoning map revision. A letter of map revision must be obtained from FEMA, if applicable,
before an FP prefix may be removed from the official zoning district map. A building permit may be
issued for construction of underground utilities if a conditional letter of map revision is obtained;
however, no building permit may be issued until a final letter of map revision is obtained. Upon
approval and receipt of a letter of map revision, the director of water utilities shall notify the director
of sustainable development and construction, who shall remove the FP designation for the subject
area from the official zoning district map.
(g) Filling..Qperations. If the city council approves a fill permit, the filling operations must comply
with the following requirements:
( 1) Any excavation required by the specifications of the approved application must be conducted
before or at the same time as placing fill.
(2) Building pad sites must be filled to an elevation of at least two feet above the design flood
elevation.
(3) The lowest floor of any structure must be constructed at least three feet above the design
flood elevation.
(4) Fill material must consist of natural material including but not limited to soil, rock, gravel, or
broken concrete. Decomposable matter, including but not limited to lumber, sheetrock, trees, tires,
refuse, or hazardous, toxic matter, is prohibited as fill material. Fill must be compacted to 95 percent
standard proctor density.
librarv.amlei:ial.com/alpscripts/get-content.aspx
EXHIBIT C 7/12
(5) Before construction, erosion control devices such as straw hay bales, silt fences or similar
items must be installed to eliminate any transportation of sediment downstream. The property owner
is responsible for removal of any sediment deposited by runoff as a result of filling.
(6) If compliance with a National Pollutant Discharge Elimination System (NPDES) permit is
required for construction activities, a copy of the Notice of Intent (NOi) or the individual NPDES
permit must be submitted to the director of water utilities before beginning fill operations.
(7) Fill shall be placed no more than five feet above the design flood elevation, except where
necessary to match the existing elevation of the adjacent property as determined by the director of
water utilities. In determining when it is necessary to match the existing elevation, the director shall
consider the effects on local drainage and storm water management, the access needs of the property,
and other public health and safety concerns.
(8) A copy of the approved fill permit must be posted and maintained at the fill site for
inspection purposes until fill operations have been completed.
(9) After filling operations have been completed, the applicant shall submit a certification to the
director of water utilities that proper fill elevations, compaction requirements, and all other
specifications of the approved application have been followed. In addition, the applicant shall submit
a copy of the letter of map revision (LO:MR) issued by FEMA, if applicable.
(h) Engineering requirements for filling.
(1) Except for detention basins, alterations of the FP area may not increase the water surface
elevation of the design flood of the creek upstream, downstream, or through the project area.
Detention basins may increase the water surface elevation of the design flood provided the increase is
within the detention basin's boundaries as approved by the director of water utilities.
(2) Alterations of the FP area may not create or increase an erosive water velocity on or off-site.
The mean velocity of stream flow at the downstream end of the site after fill may not exceed the
mean velocity of the stream flow under existing conditions.
(3) The effects of the existing and proposed public and private improvements will be used in
determining water surface elevations and velocities.
(4) The FP area may be altered only to the extent permitted by equal conveyance reduction on
both sides of the natural channel. The following valley storage requirements apply to all FP areas
except those governed by a city council-adopted management plan that contains valley storage
regulations, in which event the valley storage regulations contained in the plan apply:
(A) Except as otherwise provided in Subparagraph (B):
(i) no loss of valley storage is permitted along a stream with a drainage area of three square
miles or more;
(ii) valley storage losses along streams with a drainage area between 130 acres and three
square miles may not exceed 15 percent, as calculated on a site by site basis; and
(iii) valley storage losses along streams with a drainage area ofless than 130 acres is not
limited.
(B) Hydrologic computations may be performed to evaluate basin-wide valley storage loss
impacts on the design flood discharge. If the computations demonstrate that valley storage losses do
library.amlegal.com/alpscripts/get-content.aspx
EXHIBIT C 8/12
not result in increases in the design flood discharge at any point downstream of the project, valley
storage losses are permitted even though they exceed the limits provided in Subparagraph (A).
(5) An environmental impact study and a complete stream rehabilitation program must be
approved before relocation or alteration of the natural channel or alteration of an environmentally
significant area. The net environmental impacts of the proposal may not be negative. The
environmental impact study must contain the following items.
(A) A description of the existing conditions of the site, adjacent properties, upstream and
downstream creek sections for approximately 1,000 feet (unless conditions require additional
information in the opinion of the director of water utilities), and creek and overbank areas. The
description of these conditions must include:
(i) the characterization of creek features such as bed quality and material, pool-riffle
sequences, natural ground water, springs, seeps, magnitude and continuity of flow, water quality
(including biological oxygen demand, dissolved oxygen, and nutrient loadings), bank quality and
material, vegetative cover and patterns, bank erosion, topographic relief, disturbances to the natural
character of the creek, animal arid aquatic life, and the extent and character of wetland areas; and
(ii) soil types and land uses of the site and surrounding area.
(B) A description of the proposed project. This description must include:
(i) the intended ultimate use of the site, or if that is not known, a description of the interim
site plan, including construction access;
(ii) reasons why the creek or flood plain alteration is necessary; and
(iii) a site plan showing the flood plain and construction access necessary to perform the
work.
(C) A description of at least three possible ways of handling the creek and flood plain,
including:
(i) an alternative that assumes the creek and flood plain are not changed;
(ii) the applicant's proposed action; and

(iii) alternatives proposed by the director of water utilities.
(D) An identification of the impacts created by each alternative, describing in detail all of the
positive and negative impacts upon the existing conditions described in Subparagraph (A), that
would be created by each alternative.
(E) A recommended course of action based upon evaluation of the alternatives.
(F) Proposed strategies to mitigate adverse impacts. Examples of strategies include tree wells,
temporary construction and permanent erosion and sedimentation controls, vegetative buffers, and
replacement planting.
(6) The toe of any fill slope must parallel the natural channel to prevent an unbalanced stream
flow in the altered FP area.
(7) To insure maximum accessibility to the FP area for maintenance and other purposes and to
lessen the probability of slope erosion during periods of high water, maximum slopes of the filled
library.amlegal.com/alpscripts/get-content.aspx EXHIBIT C 9112

area may not exceed four to one for 50 percent of the length of the fill and six to one for the
remaining length of the fill. The slope of any excavated area may not exceed four to one unless the
excavation is in rock. Vertical walls, terracing, and other slope treatments may be used provided no
unbalancing of stream flow results and the slope treatment is approved as a part of a landscaping plan
for the property.
(8) The elevation of excavated areas in the FP area may not be lower than one-third of the depth
of the natural channel, as measured from the adjacent bank, except for excavation of lakes.
Excavation must be at least 50 feet from the bank of the natural channel, except as necessary to
provide proper drainage. The excavated area may not exceed 25 percent of the total area of the tract's
unfilled flood plain.
(9) A landscape and erosion control plan must be submitted and approved. Landscaping must
incorporate natural materials (such as earth, stone, and wood) on cut and filled slopes when possible.
The definitions of Section 5 lA-10.101 of this chapter apply to this subsection. Except as otherwise
provided, the preservation and mitigation requirements contained in the tree preservation regulations,
Division 51A-10.130 of the Dallas Development Code, apply. Each landscape and erosion control
plan must comply with the following criteria:
(A) The size, type, and location of all trees within the existing flood plain that are six-inch
caliper and larger must be shown. The plans must indicate which of the trees are to be preserved and
which will be lost due to development activities in the flood plain.
(B) Trees must be protected if they are more than six-inches in caliper and located in sloped
areas of flood plain fill with a depth of four feet or less. If trees are protected by tree wells, the wells
must be at or beyond the drip line of the tree and must provide positive drainage. A well may not
exceed four feet in depth unless designed and certified by a registered landscape architect. Tree wells
are required if either of the following conditions occur at the base of a tree to be protected:
(i) a fill of greater than six inches; or
(ii) a cut greater than six inches.

(C) The size, type, and location of all proposed replacement trees to mitigate the loss of
existing trees must be shown. The tree types must be selected in accordance with the provisions of
Section 51A-10.134 and must be approved by the city arborist as suitable for use under local climate
and soil conditions.
(D) Where a swale is proposed, tree replacement is required for the loss of existing trees with
a six-inch caliper or greater located within the proposed swale. The applicant must indicate
replacement of either 35 percent of the number of trees displaced, or the minimum number of trees
necessary to provide a spacing equivalent to 50 feet on center, whichever is less. At least 50 percent
of the replacement trees must have a caliper of at least six inches. The remainder of the trees must
have a caliper of at least three inches.
(E) The specific plant materials proposed to protect fill and excavated slopes must be
indicated. Plant materials must be suitable for use under local climate and soil conditions. In
general, hydroseeding or sodding Bermuda grass is acceptable during the summer months (May 1st
to August 30th). Winter rye or fescue grass may be planted during times other than the summer
months as a temporary measure until such time as the permanent planting can be accomplished.
(F) The proposed methods of erosion and sedimentation control, such as hay bales and
sedimentation basins, to be used during construction must be shown in detail.
librarv.amleoal.com/aloscriots/Qet-content.aspx
EXHIBIT C 10/12
(G) The fill case applicant, current owners, and subsequent owners must maintain and assure
the survival of all planted material until the property is developed and a permanent maintenance plan
of record is established. Maintenance responsibility must be reflected in the submitted plans or
supporting documents.
( 10) Any alteration of the FP area necessary to obtain a removal of an FP prefix may not cause
any additional expense in any current or projected public improvements.
(i) .Special criteria for the TrinitY. and the Elm Fork. If the FP area is in the flood plain of the
Trinity River, Elm Fork of Trinity River, West Fork of the Trinity River, Five Mile Creek -
confluence to Bonnie View Road, White Rock Creek - confluence to Scyene Road, or the regulatory
floodways established by FEMA, the following requirements must be met:
(A) Encroachment into the floodway is prohibited unless FEMA issues a conditional Letter of
Map Revision,
(B) Fill elevations and first floor elevations in flood plain areas located along the Elm Fork,
West Fork or main stem of the Trinity River that would be protected from inundation by the 100-year
or greater flood by a federally authorized flood control project must be constructed at a minimum
elevation of one foot above the design flood. The parking requirements in Section 51A-5.104(b)(4)
do not apply.
G) Term of permit validitY. and extension procedures.
(A) Permits issued after October 11,~. A fill permit is valid for a five-year time period
from the date of issuance. The fill permit automatically terminates if the filling operations have not
been completed within the five-year time period. The director of water utilities may grant a one-time
extension of a fill permit for an additional three-year time period upon receipt of a written request
made at least 30 days before the expiration of the original permit. The applicant for permit extension
must demonstrate that the project fully complies with the flood plain regulations that were in effect at
the time that the original permit was approved.
(B) Permits issued before October 11, 1996. Fill permits issued before October 11, 1996, shall
expire on December 31, 2001. The director of water utilities shall notify owners of fill permits
governed by this paragraph that:
(i) filling must be completed no later than December 31, 2001; and
(ii) a one-time extension of the permit for an additional three-year time period may be
granted by the director of water utilities upon receipt of a written request made at least 30 days before
the expiration date of the original permit. The applicant for permit extension must demonstrate that
the project fully complies with the flood plain regulations that were in effect at the time that the
original permit was approved.
(C) New permit required upon expiration. When a fill permit terminates, the applicant must
apply for a new permit before filling the property. The new application must comply with the flood
plain regulations that are in effect at the time that the request is considered by the city council.
(D) Presumption of completion. Filling operations are deemed completed when the applicant
submits:
(i) a certification to the director of water utilities that proper fill elevations have been
achieved and the specifications of the approved application have been followed; and
librarv.amleaal.com/aloscriots/aet~content.asox
EXHIBIT C 11/12
(ii) a letter of map revision from FEMA, if applicable. (Ord. Nos. 19455; 19786; 21299;
22920;24085;25047;27697;27893;28424;29478; 30994)
librarv.amlei:ial.com/alpscripts/get..content.aspx EXHIBIT C 12/12

Cause No. DC-18-18651

Plaintiff §
§
V. § DALLASCOUNTY,TEXAS
§
§
§
§
§
§
Defendants § 191'1 JUDICIAL DISTRICT
AFFIDAVIT OF KIMBERLY DEWAILLY
STATE OF TEXAS )
)
COUNTY OF DALLAS )
Before me, the undersigned Notary Public, appeared Kimberly Dewailly, who first being
duly sworn according to the law, said:
"My name is Kimberly Dewailly. I am over the age of 18 and am of sound mind and
capable of making this affidavit. I have personal knowledge of the statements within this affidavit,
such statements are true and correct, and they are made under penalty of perjury.
I have worked for the City of Dallas ("City") for over three years. I am qualified as a
Senior Engineer, and I am employed in that position by the Dallas Water Utilities Floodplain
Management Division. My duties include reviewing floodplain related permits, small drainage
studies, and assisting in advising and enforcement of floodplain regulations.
I. On or about December 28, 2018, I began to conduct an investigation related to the business
operations of Blue Star Recycling at 9505 and 9527 South Central Expressway, Dallas,
Dallas County, Texas. My investigation included a drive-by site visit and investigation of
the applicability of floodplain regulations to the site.
-PAGE I
EXHIBIT D
2. I found that the properties are wholly located within the lOO-year floodplain as designated
by the Federal Emergency Management Agency (FEMA).
3. I personally viewed the property and observed large amounts of material, some
construction equipment and vehicles, and other items being stored on site within the
floodplain area.
4. I observed the business operations 'of Blue Star Recycling occurring. The use that I
observed did not fall under any of the seven enumerated permitted uses outlined by Dallas
City Code §5 lA-5.104, which is an ordinance I regularly reference when performing my

normal job duties.
5. I have searched the City’s records and databases and found that Blue Star Recycling had
not applied for nor obtained a proper fill permit or floodplain alteration permit prior to their
use of and storage of material on the property."
Kimberly gcwailly, Afgéjg;
SUBSCRIBED AND SWORN TO BEFORE ME on this the 20th day 0f March 2019, to certify
<44” 4
NOTARY PUBLIC IN AND FOR
W
THE STATE 0F TEXAS
u PAGE 2
EXHIBIT D

Plaintiff §
§
v. § DALLAS COUNTY, TEXAS
BLUE STAR RECYCLING LLC; §
ALMIRA INDUSTRIAL AND TRADING, §
CORP.; CCR EQUITY HOLDINGS §
ONE, LLC; 9505 S.. CENTRAL §
EXPRESSWAY,INREM §
Defendants § 191'' JUDICIAL DISTRICT
AFFIDAVIT OF PAUL WHITE II
STATE OF TEXAS )
)
COUNTY OF DALLAS )
Before me, the undersigned Notary Public, appeared Paul White II, who first being duly
sworn according to the law, said:
"My name is Paul White II. I am over the age of 18 and am of sound mind and capable of
making this affidavit. I have personal knowledge of the statements within this affidavit, such
statements are true and correct, and they are made under penalty of perjury.
I have worked for the City of Dallas ("City") for 11 years. I am qualified as a Senior
Program Manager, and I am employed in that position by the Dallas Office of Environmental
Quality and Sustainability. My duties include managing air compliance, air monitoring, and
environmental due diligence teams. My department is tasked with inspecting properties for
violations of Texas Commission on Environmental Quality (TCEQ)'s air quality regulations.
1. On or about December 20, 2018, I and my team conducted an inspection of Blue Star
Recycling at 9505 and 9527 South Central Expressway, Dallas, Dallas County, Texas. Our
inspection included observation of dust and particulate matter in the air at and around the
property.
EXHIBIT E
AFFIDAVIT OF Paul White II - PAGE I
2. I and my team personally viewed the property and observed large amounts of roofing
shingles and parts of roofing shingles stored in large, uncovered mounds on the property.
We visually, with the naked eye, observed what appeared to be glass fiber particles in the
air. After the inspection, we experienced an itching sensation as a result 0f the fibers in
the air.
My team has received several complaints from different individuals regarding poor air
quality at properties surrounding Blue Star’s facilities. In particular, citizens have
complained of poor air quality resulting in black dust permeating the air they were
breathing. Ihave also been made aware of other complaints by neighbors regarding air
quality and concern of illness.
Our investigation of this property is ongoing.
Further the Affiant says not.
15au1 White 11, Affiam
SUBSCRIBED AND SWORN T0 BEFORE ME on this the 20th day of March 2019, to certify
my hand and official seal.
which witness
,
1
1
C
J
s;
}.
s
NW"
:95;
I;
«’3‘: .PU of
“gag Notary
ANGIE s,moneAN
public. State or
Comm. Expires 05—16-2022
Texas
- {1M W (57 m wWI“
NOTA‘QY PUBLIC IN Ahtg FOR
31%." "é? THE STATE OF TEXAS
.
'
+ ‘
y 033%}? Notaryio1094aa43
AFFIDAVIT OF Paul White II -- PAGE 2

EXHIBIT E

Plaintiff §
§
V. § DALLASCOUNTY,TEXAS
§
§
BLUE STAR RECYCLING LLC §
et al. §
§
§
Defendants § 191 51 JUDICIAL DISTRICT
AFFIDAVIT OF RALPH HAYES
STATE OF TEXAS )
)
COUNTY OF DALLAS )
Before me, the undersigned Notary Public, appeared Ralph Hayes, who first being duly
sworn according to the law, said:
"My name is Ralph Hayes. I am over the age of 18 and am of sound mind and capable of
making this affidavit. I have personal knowledge of the statements within this affidavit, such
statements are true and correct, and they are made under penalty of perjury.
I have worked for the City of Dallas ("City") for approximately 3 years. I am a Code
Inspector with the City of Dallas, and I am employed in that position by the Department of Code
Compliance. My duties include inspections of properties to determine compliance with the laws
of the City of Dallas.
1. On or about December 28, 2018, I began to conduct an investigation related to the business
operations of Blue Star Recycling at 9505 and 9527 South Central Expressway, Dallas,
Dallas County, Texas. My investigation included a site visit and research of the applicable
AFFIDAVIT OF RALPH HAYES- PAGE l
EXHIBIT F
zoning laws and other City codes pertinent to the operation. I also visited the location on
three additional visits.
2. At the time of my inspections, I personally viewed a trailer repair shop and two residential
structures on the smaller parcel located at 9505 South Central Expressway. I spoke to the
occupants living on the property and they informed me that they were employees of Blue
Star Recycling and that they lived on the property. I also observed large amounts of ground
shingle material, being stored on site.
3. There is no Certificate of Occupancy issued by the City of Dallas for any of the above uses.
These constitute illegal land uses.
4. Further, at the time of my inspections, I viewed the business operations of Blue Star
Recycling on the larger parcel at 9527 South Central Expressway and 9505 South Central
Expressway. They were storing large amounts of ground shingles and pallets, as well as
equipment necessary to conduct shingle grinding operations.
5. It is within my job duties and I frequently conduct research to determine land uses on
properties. I have searched the City's records and databases and found that Blue Star
Recycling had a Certificate of Occupancy for an industrial (outside) use that was previously
issued, but has been revoked by the Building Official. Accordingly, any use on the property
is illegal and must immediately cease."
AFFIDAVIT OF RALPH HA YES- PAGE 2
EXHIBIT F
@Q flaw
Ralph HJyes, Affiant l
SUBSCRIBED AND SWORN TO BEFORE ME on this the 20th day of March 2019, to certify
4<Mc~ 8pm
NOTARY PUBLIC INTAND FOR
THE STATE 0F TEXAS
AFFIDAVIT OF RALPH HAYES— PAGE 3
EXHIBIT F

Dallas Goes After Shingle Mountain

Uploaded by

Document Information

Copyright

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Dallas Goes After Shingle Mountain

Uploaded by

Copyright:

FILED

CITY OF DALLAS, TEXAS IN THE DISTRICT COURT

BLUE STAR RECYCLING LLC; DALLAS COUNTY, TEXAS

CORR; CCR EQUITY HOLDINGS

DEFENDANTS 191“ JUDICIAL DISTRICT

CITY OF DALLAS’S FIRST AMENDED PETITION, REQUEST FOR TEMPORARY

TO THE HONORABLE COURT:

the Court the following:

I. DISCOVERY CONTROL PLAN AND REQUEST FOR DISCLOSURE

and Permanent Injunctions, and Requests for Disclosure - Page 1

City ofDallas v. Blue Star Recycling LLC, et al.

Recycling LLC has appeared and answered in this case.

Holdings, One has appeared and answered in this case.

III. VENUE AND JURISDICTION

Subchapter A of Chapter 211 0f the Texas Local Government Code.

Local Government Code.

McCommas Bluff Landﬁll.

and Permanent Injunctions, and Requests for Disclosure - Page 2

Afﬁdavit 0f Kevin Hill, attached as Exhibit A.

“Water Pollution Urgent” at the Property. See EX. A.

system. See EX. A.

drainage system. See Afﬁdavit of Maricela Rangel, attached hereto as Exhibit B.

pollutants into the stormwater system. See EX. B.

0f Dallas Building Ofﬁcial.

and Permanent Injunctions, and Requests for Disclosure - Page 3

a. Discharging industrial waste into the storm sewer, in Violation of §49-55.7;

c. Causing, suffering, allowing, or permitting Visible emissions from a source not

d. Placing, depositing, or throwing; permitting to accumulate; or permitting to be placed,

e. Permitting any yard, grounds or premises belonging t0 0r controlled or occupied by

g. Failure t0 comply with a stormwater permit, in Violation 0f § 19-1 18.7(a);

i. Discharging or allowing or permitting the discharge 0f industrial waste into the

k. Discharging 0r allowing 0r permitting the discharge of a harmful quantity 0f dust,

and Permanent Injunctions, and Requests for Disclosure - Page 4

n. Failure t0 eliminate or reduce exposure of garbage and refuse materials t0 precipitation

r. Using 0r occupying, 0r changing the use 0r occupancy of, a building, portion of a

classiﬁcation scheme, and/or (d) conduct classiﬁed by statute as a Class C misdemeanor.

and Permanent Injunctions, and Requests for Disclosure - Page 5

Government Code apply t0 these ordinances.

operate any business at the Property.

VI. REQUEST FOR JURY TRIAL

PRAYER FOR RELIEF

1) discharging or allowing t0 be discharged pollutants, including industrial waste and

2) performing or allowing to be performed 0n the Property: waste collection,

and Permanent Injunctions, and Requests for Disclosure - Page 6

d. the City be granted judgment for all costs 0f court;

CITY ATTORNEY OF THE CITY OF DALLAS

By: /s/ Jayla Wilkerson

7DN Dallas City Hall

ATTORNEYS FOR PLAINTIFF,

Amended Petition, Request for Temporary Restraining Order, Request

day of March, 2019.

/s/ Jayla Wilkerson

Amended Petition, Request for Temporary Restraining Order, Request

CITY OF DALLAS, TEXAS § IN THE DISTRICT COURT

AFFIDAVIT OF KEVIN IDLL

according to the law, said:

streams, and waterways within the Dallas city limits.

1. I received a service request on the morning of December 13, 2018 classified as

Vin Hill, Afﬁant

AFFIDAVIT OF KEVIN HILL — PAGE 3

CITY OF DALLAS, TEXAS § IN THE DISTRICT COURT

AFFIDAVIT OF MARICELA A. RANGEL

duly sworn according to the law, said:

requirements and municipal ordinances.

AFFIDAVIT OF Maricela A. Rangel - PAGE I

adjacent to the Property.

waste and asphalt base material.