[HISTORY: Adopted by the City Council of the City of Scranton 9-26-1979 as Ch. 4 of the 1979 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Scranton Air Pollution Control Ordinance of 1970."
Whereas pollution of the air by open burning and otherwise is detrimental to the health, comfort, living conditions, welfare and safety of the citizens of the city, it is hereby declared to be the policy of the city to safeguard its citizens from air pollution.
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.
- 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.
- REFUSE --
- Garbage, rubbish and trade waste.
- RINGELMANN SMOKE CHART --
- The Ringelmann scale for grading the density of smoke published by the United States Bureau of Mines or any chart, recorder, indicator or device for the measurement of smoke density approved by the City Council the equivalent of the Ringelmann scale.
- 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.
Authorized position. The Mayor is hereby authorized to appoint or designate the Air Pollution Control Officer together with such assistants as may be deemed necessary to carry out the provisions of this chapter and shall provide funds for the salary and expenses of the Air Pollution Control Officer. The Air Pollution Control Officer shall be in the Office of Health and directly responsible to the Director of the Office of Health.
Qualifications. Where such competence is required the Air Pollution Control Officer shall be qualified by technical training and practical experience in the theory and practice of the construction and operation of fuel-burning equipment and incinerators. The Air Pollution Control Officer shall be capable of accurately and reliably reading the Ringelmann Smoke Chart. Other qualifications and experience as established by the city shall be based upon the level of experience required to enforce this chapter.
Duties. The Air Pollution Control Officer shall have the powers and duties to:
Enforce the provisions of this chapter and the rules and regulations contained therein.
Receive and initiate complaints of violations of the regulations of this chapter.
Enter and inspect any building, property, premise or place for the purpose of investigating an actual or suspected source of air pollution or for the purpose of ascertaining the compliance or noncompliance with any regulation of this chapter.
Have access to and require information pertinent to any matter under investigation.
Send written notice of any violation of this chapter to the person responsible for the violation.
File a written report of the violation of any regulation of this chapter with the Director of the Office of Health.
Institute prosecution for violation of the regulations of this chapter.
Render assistance and technical advice as needed to any persons engaged in operations which may cause air pollution.
No person shall cause, suffer, allow or permit smoke from any fuel-burning equipment or incinerator, the shade or appearance of which is darker than shade No. 2 of the Ringelmann Smoke Chart, to be emitted into the outdoor atmosphere. EXCEPTION: Smoke emitted during the cleaning of a fire box or the building of a new fire may be darker than No. 2 of the Ringelmann Smoke Chart for a period or periods aggregating not more than six (6) minutes in any sixty (60) consecutive minutes.
No person shall conduct a salvage operation or destroy refuse by open burning.
No person shall cause, suffer, allow or permit the emission of any noxious or offensive odor from an air contamination source.
No person shall in any manner hinder, delay, obstruct, resist, prevent or in any way interfere with the Air Pollution Control Officer or his assistants in the performance of their duties under this chapter, or refuse such personnel, after proper identification, entrance at reasonable hours to any premises.
No person shall fail, neglect or refuse to comply with any written abatement notice served on such person, either personally or by registered or certified mail issued by the Air Pollution Control Officer. Such notice shall set forth a violation of this chapter and a time within which the violation is to be abated. Any person receiving such abatement notice may obtain an extension of time to comply therewith by making application to and obtaining the approval of the Director of the Office of Health.
The Air Pollution Control Officer may institute an action in equity for an injunction to restrain continuous violations of this chapter if the Control Officer has issued an abatement notice which is being violated and which is not then the subject of judicial review.
Prosecutions under this chapter shall be instituted by the Air Pollution Control Officer and shall be prosecuted in the name of the city. Any person violating any of the provisions of this chapter shall upon conviction thereof be punished as provided in § 1-16.