§ 16-186. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Best management practices means a technique or series of structural and non-structural techniques which, when used in a storm water pollution prevention plan, as required by federal law, is proven to be effective in controlling industrial related runoff.

Chief of police means the chief of police for the city and such persons as he may designate to perform his duties under this article.

City means the City of San Antonio, Bexar County, Texas.

Department means the department of development services.

Director means the director of the development services department.

Hazardous material means any hazardous or toxic substance, material, or waste which is or becomes regulated by any governmental authority of the state or the United States government, including without limitation, any material or substance which:

(1)

Is defined or listed as a "hazardous material," "toxic pollutant," "hazardous waste," "hazardous substance," or "hazardous pollutant" under applicable federal, state, or local law or administrative code promulgated thereunder;

(2)

Contains hydrocarbons of any kind, nature or description, including, but not limited to, gasoline, oil, and similar petroleum products, other than reclaimed asphalt pavement;

(3)

Contains asbestos;

(4)

Contains polychlorinated biphenyls ("PCBs"); or

(5)

Contains radioactive materials.

Metal recycling entity means a business that is operated from a fixed location and is predominately engaged in the following and excludes used automotive parts recycling businesses.

(1)

Performing the manufacturing process by which scrap, used, or obsolete ferrous or nonferrous metal is converted into raw material products consisting of prepared grades and having an existing or potential economic value, by a method that in part requires the use of powered tools and equipment, including processes that involve processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form of that metal;

(2)

The use of raw material products described under subsection (1) in the manufacture of producer or consumer goods; or

(3)

Purchasing or otherwise acquiring scrap, used, or obsolete ferrous or nonferrous metals for the eventual use of the metal for the purposes described by subsection (1) or (2).

Motor vehicle means any motor driven or propelled vehicle required to be registered under the laws of this state; a trailer or semitrailer, other than manufactured housing, that has a gross weight that exceeds four thousand (4,000) pounds; a house trailer; an all-terrain vehicle, as defined by V.T.C.A., Transportation Code § 502.001, designed by the manufacturer for off-highway use that is not required to be registered under the laws of this state; or a motorcycle, motor-driven cycle, or moped that is not required to be registered under the laws of this state, other than a motorcycle, motor-driven cycle, or moped designed for and used exclusively on a golf course. Any metals comprising a motor vehicle are not regulated materials as defined in this article.

Non-repairable motor vehicle means a motor vehicle that:

(1)

Is damaged, wrecked, or burned to the extent that the only residual value of the vehicle is as a source of parts or scrap metal; or

(2)

Comes into this state under a title or other ownership document that indicates that the vehicle is non-repairable, junked, or for parts or dismantling only.

Normal allocation means all the parts of a motor vehicle constituting its ordinary assemblage.

Person means an individual, corporation, partnership or any other group acting as a unit.

Regulated material means aluminum material, bronze material, copper or brass material, or regulated metal.

Regulated metal means manhole covers; guardrails; metal cylinders designed to contain compressed air, oxygen, gases or liquids; beer kegs made from metal other than aluminum; historical markers or cemetery vases, receptacles, or memorials made from metal other than aluminum; unused rebar; street signs; drain gates; safes; communication, transmission, and service wire or cable; condensing or evaporator coils for central heating or air conditioning units; utility structures, including the fixtures and hardware; aluminum or stainless steel containers designed to hold propane for fueling forklifts; metal railroad equipment, including tie plates, signal houses, control boxes, signs, signals, traffic devices, traffic control devices, traffic control signals, switch plates, e-clips, and rail tie functions; catalytic converters not attached to a vehicle; fire hydrants; metal bleachers or other seating facilities used in recreational areas or sporting arenas; any metal item clearly and conspicuously marked with any form of the name, initials, or logo of a governmental entity, utility, cemetery, or railroad; insulated utility, communications, or electrical wire that has been burned in whole or in part to remove the insulation; backflow valves; and metal in the form of commonly recognized products of the industrial metals recycling process, including bales, briquettes, billets, sows, ingots, pucks, and chopped or shredded metals.

Salvage materials means any motor vehicle, salvage motor vehicle, non-repairable motor vehicle and all their respective parts, scrap, used or obsolete ferrous and nonferrous metals, and regulated materials and regulated metals as defined in this division.

Salvage motor vehicle means:

(1)

A motor vehicle that:

a.

Has damage to or is missing a major component part to the extent that the cost of repairs, including parts and labor other than the cost of materials and labor for repainting the motor vehicle and excluding sales tax on the total cost of repairs, exceeds the actual cash value of the motor vehicle immediately before the damage, or

b.

Is damaged and that comes into this state under an out-of-state salvage motor vehicle certificate of title or similar out-of-state ownership document that states on its face "accident damage," "flood damage," "inoperable," "rebuildable," "salvageable," or similar notion; and

(2)

Does not include:

a.

A non-repairable motor vehicle;

b.

An out-of-state motor vehicle with a "rebuilt," "prior salvage," "salvaged," or similar notation; or

c.

A motor vehicle for which an insurance company has paid a claim for:

1.

The cost of repairing hail damage, or

2.

Theft, unless the motor vehicle was damaged during the theft and before recovery to the extent described by subparagraph (1)a.

Used automotive parts recycler means a person licensed under this division to operate a used automotive parts recycling business.

Used automotive parts recycling means the dismantling and reuse or resale of used automotive parts and the safe disposal of salvage motor vehicles or nonrepairable motor vehicles, including the resale of those vehicles.

(Ord. No. 2012-12-13-1006, §§ 2—51, 12-13-12)