This chapter shall be known and may be cited as the "Air Pollution
Control Law of the Village of Old Brookville."
It is the purpose of this chapter to safeguard the air resources
of the Village from pollution by:
A. Controlling or abating air pollution existing when this chapter is
enacted; and
B. Preventing new air pollution under a program which shall be consistent
with the declaration of policy above stated, and at the same time
to preserve and protect the property and the lives, health, safety,
peace, good order and general welfare of the Village and its inhabitants.
As used in this chapter, unless the context or subject matter
otherwise requires, the following words and phrases shall have the
meanings ascribed to them in this section.
AIR CONTAMINANT
A dust, fume, gas, mist, odor, smoke, vapor, pollen or any
combination thereof.
AIR POLLUTION
The presence in the outdoor atmosphere of one or more air
contaminants in quantities, or characteristics and of a duration which
are injurious to human, plant or animal life or to property or which
unreasonably interfere with the comfortable enjoyment of life and
property through the state or throughout such areas of the state as
shall be affected thereby; excluding, however, all conditions subject
to the requirements of the Labor Law and Industrial Code.
EQUIPMENT
Any device capable of causing the emission of an air contaminant
into the atmosphere and any stack connected or attached thereto or
serving the equipment.
FUEL-BURNING EQUIPMENT
Any furnace, boiler, water heater, device, mechanism, stack,
structure, oven, stove, kiln, still, or other apparatus, other than
a motor vehicle or motor boat, used to burn fuel or other combustible
material.
GARBAGE
Waste resulting from distribution, preparation and serving
of food.
OPEN FIRE
Any fire or smoke-producing process wherein the combustion
products are directly emitted into the atmosphere without passing
through a stack.
PARTICULATE MATTER
Any liquid (other than water) or any solid which is so finely
divided as to be capable of being windblown or of being suspended
in air or other gas or vapor.
PERSON
Any individual, public or private corporation, partnership,
association, firm, trust, estate or any other legal entity whatsoever
which is recognized by law as the subjects of rights and duties.
PORTABLE EQUIPMENT
Any equipment, as defined herein, capable of being moved
from place to place for temporary operation.
REFUSE
Garbage, rubbish, and trade wastes.
RUBBISH
Includes any solid or liquid waste material including paper,
rags, ashes, furniture, tin cans, glass, crockery, demolition material,
discarded automobiles, tires, automotive parts, paint and oils.
STACK
Any conduit, chimney, duct, vent, or flue arranged to conduct
gaseous or gas-bourne products to the outer air.
TRADE WASTE
Includes any combustible solid or liquid material resulting
from construction, or any business, trade or industry operations,
including, but limited to, the following materials: plastics, cartons,
chemicals, paints, greases, oils, other petroleum products, sawdust,
dead animals, and dead fowl.
No person shall burn in the Village any garbage, refuse, rubbish or trade wastes whatsoever in any open fire or in any fuel-burning equipment, flue-fed incinerator or refuse burning equipment through any stack except to the extent and as permitted by the provisions of §
25-7 hereof, and no person shall make or allow any open fire on his or her premises except as permitted by the provisions of §
25-7 hereof.
When not temporarily prohibited for fire protection reasons
by the State Commissioner of Environmental Conservation, the police,
local fire wardens or other fire prevention officials, the following
types of open burning are permissible:
A. Outdoor grills and fireplaces for the purpose of preparing food.
B. Campfires and fires used solely for recreation purposes, burning
wood only, where such fires are properly controlled by a responsible
person in attendance at all times such fires are burning and where
no nuisance is created.
No person shall cause or permit a building or its appurtenances
or a road to be constructed, altered, repaired or demolished without
taking such precautions as may be required by the Board of Trustees
to prevent air contaminants from becoming airborne. The Building Inspector
and the Road Commissioner shall impose such conditions and restrictions
in the issuance of building and road construction permits as the Board
of Trustees shall at any time and from time to time find necessary
to prevent air contaminants from becoming airborne.
Subject to such conditions as may be reasonable imposed, the
Board of Trustees may grant a variance from the provisions of this
chapter and suspend the enforcement thereof as to any person who shall
show in the case of such person and of the activity which such person
then proposes to operate that a compliance by such person would constitute
an undue hardship on such person or present practical difficulties
for such person and would be out of proportion to the benefits to
be obtained thereby; provided, however, that such variances shall
not be granted where the person applying therefor will cause air pollution
which constitutes a health hazard; and provided, further, that any
variance so granted shall not be so construed as to relieve such person
from any liability imposed by any other law, ordinance, rule or regulations
for the commission or maintenance of a nuisance.
Any person who shall violate any provision of this chapter shall be punished as provided in Chapter
1, General Provisions, of the Code of the Village of Old Brookville.