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.