[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 11-20-1984. Amendments noted where applicable.]
Outdoor burning — See Ch. 190.
It is hereby declared that the public policy of the Town of Orange be to preserve, protect and improve the air resources of the Town of Orange, so as to promote health, safety, comfort and welfare, to prevent injury or detriment to human health, plant and animal life and property, and to foster the comfort and convenience of the town's inhabitants.
No person shall permit or cause air pollution within the Town of Orange. All applicable standards and requirements are set forth herein and in the Regulations of the Connecticut State Department of Environmental Protection entitled "Abatement of Air Pollution," Sections 22a-174-1 through 22a-174-200, in effect as of the effective date of this chapter and as may be amended from time to time (hereinafter referred to as the "Regulations") which Regulations are incorporated by reference as if fully set forth herein. Except in the case of open burning, defined in § 164-3 and referred to in § 164-4 herein, compliance with any permit requirements of said Regulations shall constitute compliance with permit requirements of this chapter.
All definitions are set forth in Section 22a-174-1, formerly Section 19-508-1, of the Regulations. Such definitions currently include but are not limited to the following:
- AIR POLLUTANT
- Dust, fumes, mist, smoke, other particulate matter, vapor, gas, aerosol, odorous substances, or any combination thereof, but does not include carbon dioxide, uncombined water vapor or water droplets, or molecular oxygen or nitrogen.
- AIR POLLUTION
- The presence in the outdoor atmosphere of one or more air pollutants or any combination thereof in such quantities and of such characteristics and duration as to be, or be likely to be, injurious to public welfare, to the health of human, plant or animal life, or to property, or as unreasonably to interfere with the enjoyment of life and property.
- OPEN BURNING
- The burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passing through an adequate stack or flue.
- Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or this state, any other state, the United States, or political subdivision or agency thereof or any legal successor, representative, agent, or any agency of the foregoing.
This section is to be an aid of enforcement of Section 22a-174-17, formerly Section 19-508-1917, of the Regulations. No person shall engage in open burning within Orange without an open burning certificate obtained pursuant to said section of the Regulations. This chapter does not revoke or replace Chapter 190, Burning, Outdoor, which may require an additional permit. In the event of a conflict between any provision of this chapter and said Chapter 190, Burning, Outdoor, the provision which established the higher standard shall prevail.
The Director of Health, in addition to any power vested in him or her by law, shall have and may exercise the following powers and duties, all of which powers, except those contained in Subsection I, may be exercised in the name of the Director of Health by the Town Sanitarian:
Develop a program for the prevention and control of air pollution in the Town of Orange;
Investigate air pollution complaints and notify the appropriate state enforcement agencies of Regulation violations;
Enter at reasonable times upon any public property and, with consent, upon any private property, except that under exigent circumstances consent shall not be required, for the purpose of investigating conditions he or she reasonably believes may be a source of air pollution; apply to any court having criminal jurisdiction over any building or place for a warrant to inspect such premises to determine compliance with the Regulations or to investigate conditions he or she reasonably believes may be a source of air pollution;
When appropriate, enforce compliance with this chapter, Chapter 446c of the Connecticut General Statutes, Sections 22a-174-1 through 22a-174-200 of the Regulations, and any other such regulations as may be promulgated by the Commissioner of Environmental Protection concerning abatement of air pollution;
Advise, consult and cooperate with other agencies in the town, political subdivisions of the state, industries, agencies of the State of Connecticut, the federal government and affected groups and persons in furtherance of the purposes of this chapter;
Collect and disseminate information relating to air pollution and conservation of the air resources;
Represent the Town of Orange in any and all matters relating to air pollution;
Engage in all other activities as may be necessary to carry out this chapter and to aid in enforcing regulations promulgated by the Connecticut Commissioner of Environmental Protection;
Supervise the Town Sanitarian who shall, in the name of the Director of Health, make such inspections and investigations, prepare such reports and perform such other duties as are required to carry out the purpose of this chapter or to aid in the enforcement of the Regulations.
No person shall in any manner hinder, obstruct, delay, resist, prevent or interfere or attempt to interfere with the Director of Health, Sanitarian, or any individual authorized by the Director of Health, in the performance of any duty provided herein.
Any person owning, operating, or in charge of or in control of any equipment or property who shall cause or permit or participate in any violation of this chapter, either as a proprietor, contractor, owner, lessee, tenant, manager, superintendent, constructor, installer, mechanic, repairman, foreman, janitor, engineer, fireman or otherwise, shall be individually and collectively liable for any penalties imposed by this chapter.
Any person who violates any provision of this chapter, Chapter 446c of the Connecticut General Statutes, or the Regulations, shall be fined not more than $50 for the first violation or not more than $100 for each subsequent violation. In the case of a continuing violation, each day's continuance thereof shall constitute a separate violation. Higher fines and/or other penalties may be imposed by appropriate state authorities pursuant to applicable sections of the Connecticut General Statutes.