Town of Montgomery, NY Chapter 65 Air Pollution

[HISTORY: Adopted by the Town Board of the Town of Montgomery 8-7-1958. Amendments noted where applicable.]

§ 65-1 Liability of violators.

All persons, firms or corporations owning, operating or in charge of any equipment who shall cause, permit or participate in any violation of this chapter either as owners, lessees, tenants, managers, installers, repairmen, engineers, firemen or otherwise, shall be individually and collectively liable for any penalties imposed by this chapter.

§ 65-2 Purpose; construal.

The purpose of this chapter is to decrease the emission into the open air of dusts, fumes, gases, smokes and odors not normal constituents of the atmosphere and to prohibit and prevent the creation or continuance of a public nuisance caused thereby. This chapter shall be construed and interpreted in such a manner as to effect this purpose.

§ 65-3 Emission standards; exceptions.

A. No person, firm or corporation shall cause, suffer or allow to be emitted into the open air from any fuel-burning equipment, industrial process, premises or open fire, smoke the shade or appearance of which is equal to or greater than the density described as No. 2 of the Ringelmann Chart as published by the United States Bureau of Mines, which is hereby made a part of this chapter by reference and shall be the standard.

B. No person, firm or corporation shall permit or cause to escape such quantities of soot, cinders, fly ash, fumes, gases or odors in such a manner as to be detrimental to any person or to the public or to endanger the health, comfort and safety of any such person or of the public or in such a manner as to cause or to have a tendency to cause injury or damage to property or business.

C. The emission of such matter as described in Subsections A and B is hereby declared to be a public nuisance.

D. Exceptions. The provision of Subsections A, B and C of this chapter shall not be applicable to:

(1) Agricultural uses.

(2) Mobile equipment.

(3) When cleaning or building a new fire, provided that such emissions in excess of the requirements will not exceed a period longer than five minutes in any sixty-minute period.

(4) When a breakdown of equipment occurs such as to make it evident that the emission was not reasonably.[1]

[1] Editor's Note: So in original.

§ 65-4 Compliance required; issuance of temporary permit.

A. Whenever it has been adequately demonstrated to the Town Board that compliance with the terms of this chapter cannot be effectively and immediately made, the Town Board may grant a temporary permit for the continued operation of such noncomplying equipment, but only in the event that the party has or will take the necessary steps to secure compliance with this chapter. Such temporary permit may be issued for a period not to exceed six months, at the expiration of which period of time the party holding such permit shall be deemed to be in violation of the provisions of this chapter and subject to the penalties therein.

§ 65-5 Penalties for offenses.

Any person, firm or corporation who shall violate any of the provisions of this chapter, shall, upon conviction thereof, pay a fine not to exceed $25 for each violation. Offenses on separate days shall be deemed to be separate offenses for the purposes of this chapter.