[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:
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.
Any noncombustible container or enclosure used to dispose
of materials through burning which does not contain holes greater
than one inch and which is covered by a wire mesh or other noncombustible
cover to prevent fly ash from escaping into the atmosphere.
[Added 7-25-2023 by Ord.
No. 80-2023]
Any duct, passage, stack, chimney or conduit permitting air
contaminants to be emitted into the open air.
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.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Any device specifically designed for the destruction by burning
of refuse, sewage sludge or other combustible waste material.
That property of a substance which affects the sense of smell.
Any unclosed fire wherein products of combustion are emitted
to the open air, and are not directed thereto through a flue.
Garbage, rubbish and trade waste.
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.
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.
Salvaging or reclaiming of any product or material, including
but not limited to metals, chemicals, shipping containers or drums.
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.
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.
A.Â
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.
B.Â
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.
C.Â
Duties. The Air Pollution Control Officer shall have
the powers and duties to:
(1)Â
Enforce the provisions of this chapter and the rules
and regulations contained therein.
(2)Â
Receive and initiate complaints of violations of the
regulations of this chapter.
(3)Â
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.
(4)Â
Have access to and require information pertinent to
any matter under investigation.
(5)Â
Send written notice of any violation of this chapter
to the person responsible for the violation.
(6)Â
File a written report of the violation of any regulation
of this chapter with the Director of the Office of Health.
(7)Â
Institute prosecution for violation of the regulations
of this chapter.
(8)Â
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.
[Amended 7-25-2023 by Ord. No. 80-2023]
A.Â
No person shall conduct a salvage operation or destroy refuse by open burning unless pursuant to Subsection B of this section.
B.Â
Public demonstration exception.
(1)Â
Any person desiring to conduct a public demonstration involving the
burning of flags or other items in the City of Scranton shall make
a application to the Fire Chief for an open burn permit on a form
made available by the City for such purpose. No fee shall be charged
to make such application. The Fire Chief or their designee shall decide
any application for issuance of an open burn permit for any demonstration
involving the burning of a flag or other item for the proposed date
if application is made at least two business days immediately preceding
the date of the proposed demonstration.
(2)Â
Any open burn permit issued shall be subject to the following terms:
(a)Â
The permittee must ensure that an operable fire extinguisher
will be present at the proposed demonstration at all times;
(b)Â
No permittee shall burn a flag or other item exceeding four
feet by six feet in area;
(c)Â
No permittee shall burn any item except directly in a burn container;
(d)Â
The permittee must immediately remove the metal or other fire-resistant
container and any remnants of the burn after the demonstration is
over;
(e)Â
If there is damage to property caused by the burn, the permittee
is responsible for the damage;
(f)Â
The container must be 15 feet from any building or combustible
material; and
(g)Â
No permittee shall leave the scene of a demonstration without
ensuring that any fire started as part of the demonstration has been
fully extinguished.
(3)Â
Enforcement. The provisions of this subsection shall be enforced
by the Fire Chief or their designee, or by civil action, or both,
as the City may elect.
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.
