Whereas pollution of the air is detrimental to the health, comfort,
living conditions, welfare and safety of the citizens of Borough of
Colwyn, it is hereby declared to be the policy of the Borough of Colwyn
to safeguard the citizens of the Borough of Colwyn from air pollution.
[Amended 10-13-1983 by Ord. No. 426, approved 10-13-1983]
The following words, terms and phrases, when used in this chapter,
unless the context clearly indicates otherwise, shall have the following
meanings respectively ascribed to them:
AIR CONTAMINATION SOURCE
Any source, from or by reason of which there is emitted into
the outdoor atmosphere smoke or odors, regardless of who the person
may be who owns or operates the building, premises or other property
in or on which such source is located or the facility, equipment or
other property by which the emission is caused or from which the emission
comes.
COUNCIL
The Borough Council of the Borough of Colwyn, Pennsylvania.
FLUE
Any duct, passage, stack, chimney or conduit permitting air
contaminants to be emitted into the open air.
FUEL-BURNING EQUIPMENT
Any furnace or other device, excluding incinerators, in which
fuel is burned for the production of steam, hot water or hot air and
from which products of combustion are the sole stack effluent.
GARBAGE
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
INCINERATOR
Any device specifically designed for the destruction by burning
of refuse, sewage, sludge or other combustible waste material.
ODOR
That property of a substance which affects the sense of smell.
OPEN BURNING
Any unclosed fire wherein products of combustion are emitted
to the open air, and are not directed thereto through a flue.
PERSON
Any individual, partnership, association, syndicate, company,
firm, trust, corporation or other entity recognized by law as the
subject of rights and duties, including any governmental agency.
REFUSE
Garbage, rubbish and trade waste.
RUBBISH
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings,
furniture, tin cans, glass, crockery, masonry and other similar materials.
SALVAGE OPERATIONS
Salvaging or reclaiming of any product or material, including
but not limited to metals, chemicals, shipping containers or drums.
SMOKE
Extremely small solid particles produced by incomplete combustion
of organic substances, and includes but is not limited to fly ash,
cinders, tarry matter, unburned gases, soot or carbon and gaseous
combustion products.
TRADE WASTE
All solid or liquid material or rubbish resulting from construction,
building operations or the prosecution of any business, trade or industry,
including but not limited to plastic products, cartons, paint, grease,
oil and other petroleum products, chemicals, cinders and other forms
of solid or liquid waste materials; provided, however, that trade
waste shall not include any coal refuse associated with the mining
or preparation of coal.
[Added 10-13-1983 by Ord. No. 426, approved 10-13-1983]
Visible emissions may be measured using:
A. Any device approved by the Department of Environmental Resources
and maintained to provide accurate opacity measurements; or
B. Observers, trained and qualified to measure plume opacity with the
naked eye or with the aid of any devices approved by the Department.