This chapter shall be known as the "Smoke and Air Pollution Ordinance."
The following words, when used in this chapter, shall have the following
meanings:
COMBUSTION ENGINEER
A person qualified by education and/or experience in combustion engineering
and who, through his vocation, has kept abreast of its changing practices.
DENSE SMOKE
Smoke of a density equal to or in excess of No. 3 of the Ringelmann
Smoke Chart.
FUEL
Combustible materials, solid, liquid or gaseous, used primarily either
to kindle or sustain fire or produce heat, including refuse to be consumed
in refuse-burning equipment.
FUEL-BURNING EQUIPMENT
Any furnace, incinerator, refuse-burning equipment, boiler, apparatus,
device, mechanism, stack or structure used in the process of burning fuel
or combustible material except a railroad locomotive or vehicle as herein
defined.
FUMES
Fumes, gases, noxious acids or vapors which are of such character
and volume as to be detrimental to health and property.
OPEN FIRE
Any fire wherein the products of combustion are emitted into the
open air and are not directed thereto through a stack or chimney.
PERSON
Any individual, partnership, association, syndicate, company, firm,
trust, corporation, government corporation, department, bureau, agency or
any other entity recognized by law as the subject of rights and duties.
RINGELMANN SMOKE CHART
The Ringelmann Chart with instructions for use, as published by the
United States Bureau of Mines, 1945.
SMOKE
All gaseous products of combustion, together with carbon, soot, fly
ash and all other particulate solids in combustion gases.
SOOT
Agglomerated particles consisting essentially of carbonaceous material.
STACK OR CHIMNEY
A flue, conduit or opening arranged for emitting gases into the open
air, and includes an open fire, structure or opening of any kind whatsoever
capable of emitting smoke.
TOWN
The Town of Tonawanda, Erie County, New York, exclusive of the Village
of Kenmore.
VEHICLE
A mechanism, other than a steam locomotive, either self-propelled
or propelled by other means such as a roller, derrick, crane, trencher, portable
hoisting engine, steamboat, tug or other apparatus, which is not ordinarily
permanently installed in one location but is used at various places over a
wide area.
The Building Commissioner shall not issue a permit for the erection, construction, reconstruction or alteration of any building or structure which includes or requires a stack connected with a fuel- or refuse-burning plant, equipment or device unless a permit has been issued as provided in §§
173-5 and
173-7 hereof. It shall be the duty of the Smoke Inspector, after such permit has been issued, to inspect the premises wherein said fuel- or refuse-burning plant, equipment or device is to be located to see that the execution of the work so authorized by said permit shall be done in conformity with the approved plans and specifications and the existing standards, rules and regulations applicable thereto.
It shall be unlawful for any person to use any new or reconstructed
fuel- or refuse-burning plant, equipment or device until he shall have first
procurred a certificate of operation. No original certificate of operation
shall be issued for such plant, equipment or device unless such plant, equipment
or device is so constructed that it can consistently be managed to do the
work required with the type of fuel and equipment to be used without emitting
from the stack dense smoke, dust, soot, cinders, fly ash or noxious acids,
fumes or gases.
Upon due application and upon furnishing proof that plans and specifications
have been or are being prepared for the reconstruction or alteration of or
addition to any premises or fuel- or refuse-burning plant, equipment or device
to prevent or eliminate air pollution or the emission of dense smoke and that
the necessary steps have been taken to provide for compliance with the provisions
of this chapter, but that the proper equipment or device cannot be obtained
immediately, a certificate of extension may be granted for a period of not
more than six months, and such period may be extended further for not more
than three months at any one time. All extensions of time shall be reported
to the Town Board.
The issuance and delivery of a permit for the construction, reconstruction
or alteration of or addition to any fuel- or refuse-burning plant, equipment
or device or any stack connected thereto or the issuance and delivery of an
original or an annual certificate of operation shall not be a bar to prosecution
because of a violation of any of the provisions of this chapter.
Fuel-burning equipment or devices installed to heat buildings used exclusively
for private residences containing less than five dwelling units or flats shall
be equipped with efficient smoke-eliminating apparatus unless such equipment
or device is fueled with anthracite coal, coke, oil, gas or other smokeless
fuel.
All boilers used in connection with steam shovels or used for stationary
work shall, when operated, use only smokeless-type (bituminous) or anthracite
coal, coke, oil, gas or other smokeless fuel.
The owner or operator of every fuel- or refuse-burning plant, equipment
or device, except those in which the only fuel is gas or oil and except those
in buildings used exclusively for private residences containing less than
five dwelling units or flats, shall provide means whereby the fireman may
be enabled to know, without leaving the boiler or furnace room, whether or
not prohibited smoke is issuing from the stack. Such means of observation
shall be one of the following:
A. A window or other opening through which an unobstructed
view of the top of the stack may be had from the boiler or furnace room.
B. A mirror, so placed as to reflect the top of the stack,
visible from the boiler or furnace room.
C. A smoke indicator installed so as to accurately indicate
the type, volume and character of smoke being discharged.
[Amended 5-21-1984 by L.L. No. 8-1984]
A. Any violation by a person, firm or corporation of any
provision of this chapter shall be deemed a violation punishable by a fine
not to exceed $250 or by imprisonment for a period not to exceed 15 days,
or both.
B. Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
C. Each day that a violation of this chapter is committed
or permitted to exist shall constitute a separate offense.
D. Each unlawful emission of dense smoke, dust, soot, cinders,
fly ash, noxious acids, fumes or gases shall constitute a separate violation.
E. A person participating in any such violation,
either as owner, proprietor, lessee, agent, tenant, manager, superintendent,
captain, engineer, fireman or janitor, or otherwise, shall be liable therefor
and subject to the fines or penalties fixed by this chapter upon conviction
thereof.