[HISTORY: Adopted by Common Council of City
of North Tonawanda 10-1-1956.]
[1]
Editor's Note: Originally adopted 6-5-1950
but was not published.
This ordinance shall be known as the Smoke and
Air-Pollution Ordinance.
The following words, when used in this ordinance,
shall have the following meanings:
Gas-borne and air-borne particles as described and/or defined
in § 117-4B of this ordinance.
Any device for separating dust from the media in which it
is carried.
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.
Any furnace, incinerator, refuse-burning equipment, boiler,
apparatus, device, mechanism, stack and structure used in the process
of burning fuel or combustible material except a railroad locomotive
or VEHICLE as herein defined.
Fumes, gases, noxious or obnoxious acids or vapors which
are of such character and volume as to be detrimental to health and
property.
An engine in which combustion of a gas, gaseous liquid or
pulverized solid fuel takes place.
Any fire wherein the products of combustion are emitted into
the open air and are not directed thereto through a stack or chimney.
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.
The Ringelmann Chart, with instructions for use, as published
by the United States Bureau of Mines, 1945.
Means all gaseous products of combustion, together with carbon,
soot, fly ash and all other particulate solids in combustion gases.
Smoke of a density equal to or in excess of No. 3 of the
RINGELMANN SMOKE CHART.
Agglomerated particles consisting essentially of carbonaceous
material.
Flue, conduit or opening arranged for emitting gases into
the open air, and including an open fire, structure or opening of
any kind whatsoever capable of emitting smoke.
A person qualified by education and or experience in combustion
engineering and who, through his vocation, has kept abreast of its
changing practices.
A mechanism, other that 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.
Means the City of North Tonawanda, Niagara County, New York.
A.
The production or emission of dense smoke within the
City of North Tonawanda is prohibited and is hereby declared a nuisance
and may be abated in the manner provided by law.
B.
The following exceptions to the provisions of this
section shall be permitted:
(1)
In the event of upset fire conditions or breakdowns
of equipment which are unavoidable and beyond the ordinary control
of the person operating a fuel- or refuse-burning device, dense smoke
of Ringelmann Smoke Chart No. 3 shall be permitted for one period
of not more than six minutes during any one hour.
(2)
When a firebox is being cleaned out or a new fire
being built therein, dense smoke shall be permitted for one period
of not more than 10 minutes in any one calendar day, or for two periods
of not more than six minutes in any one calendar day.
(3)
It shall be unlawful for a railroad locomotive to
emit smoke of a density greater than No. 2 of the Ringelmann Chart
for more than one minute at any one time or for more than 10 such
one-minute periods in any consecutive period of 60 minutes. This provision
shall apply to any locomotive in service or being prepared for service
in transfer yards or engaged in switching operations, except as set
forth in Paragraphs (4) and (5) herein.
(4)
In the event of upset fire conditions or breakdowns
of equipment which are unavoidable and beyond the ordinary control
of the person operating the locomotive, smoke of a density greater
than No. 2 of the Ringelmann Chart shall be permitted for one period
of not more than five minutes during any one hour.
(5)
When a firebox is being cleaned out or a new fire
being built therein, smoke of a density greater than No. 2 of the
Ringelmann Chart shall be permitted for one period of not more than
10 minutes in any one calendar day, or for two periods of not more
than six minutes in any one calendar day.
A.
The emission from any stack or premises within the
city into the open air of such quantities of dust, soot, cinders,
fly ash, noxious or obnoxious acids, vapors, fumes or gases so as
to cause injury or detriment to persons or to the public, or to endanger
the reasonable comfort, health or safety of any person or the public,
or in such manner as to cause unreasonable injury or to cause damage
to business or property is prohibited and also is hereby declared
to be a nuisance and may be abated in the manner provided by law.
B.
The quantity of dust and/or fly-ash emission shall
be limited to 0.75 grains per cubic foot of flue gas at stack temperature,
of which amount not more than 0.2 grains per cubic foot shall be of
such a size as to be retained on a three-hundred-mesh United States
Standard sieve. These conditions are to be conformed to when the percentage
of excess air in the stack does not exceed 50% at full load. The foregoing
requirements shall be measured in accordance with the methods outlined
in the Test Code for Dust Separating Apparatus of the American Society
of Mechanical Engineers.
A.
There is hereby established the office of Smoke Inspector,
who shall serve at the pleasure of the Common Council, at a compensation
to be determined by the Common Council from time to time.
B.
Qualifications. The Smoke Inspector shall be qualified
in theory and practice of design, construction and operation of fuel-burning
apparatus.
C.
The Smoke Inspector shall, in cooperation with the
Advisory Board, have charge of the enforcement of this ordinance and
of the rules and regulations promulgated hereunder. His duties shall
include but shall not be limited to the following:
(1)
The investigation of complaints, the making of observations
of smoke conditions, and taking the necessary and proper steps to
abate the nuisance therefrom and the enforcement of this ordinance.
(2)
The issuance of permits, certificates and notices
under this ordinance; the keeping and custody of applications, plans,
permits, certificates, violations, complaints and other records on
file for Department purposes only.
(3)
The examination of the plans for all new buildings
and for the alteration of all existing buildings in order to assure
that they are in accordance with this ordinance and with the rules
and regulations established by this ordinance.
(4)
The examination of the application and plans for the
construction, installation or alteration of any fuel-burning equipment
or any equipment pertaining thereto and, if found to meet the requirements
of this ordinance and of the said rules and regulations, the issuance
of an installation permit.
(5)
The inspection of the installation of all equipment
for which a permit has been issued and, when found that the work is
completed in accordance with this ordinance and with the said rules
and regulations, the issuance of an operating permit.
(6)
The inspection annually of all the fuel-burning equipment
under the jurisdiction of this ordinance and, when found to comply
with its provisions and the said rules and regulations, the issuance
of a certificate of operation.
(7)
The publication and dissemination of information on
methods of smoke reduction.
(8)
The enlistment of the cooperation of civic, technical,
scientific and educational societies.
(9)
Such other duties as are not hereinbefore enumerated
as the Common Council may assign to him.
(10)
Make, prepare and promulgate rules and regulations
with the advice and counsel of the Advisory Board for the installation
and operation of fuel-burning equipment, subject to approval thereof
by the Common Council after a public hearing thereon.
D.
The Common Council may appoint such assistants and
employees as it may deem necessary to help, aid and assist the Smoke
Inspector, or to work independently of the Smoke Inspector, and pay
them such compensation as the Common Council may determine from time
to time.
A.
There is hereby established a Smoke Regulations Advisory
Board to consist of five members, who shall be appointed by the Common
Council as follows: two for a term of one year; two for a term of
two years and one for a term of three years. At the expiration of
the several terms, appointment of successors shall thereafter be made
by the Common Council for a term of three years. One of the members
of of said Board shall be a qualified engineer. The Common Council
shall appoint the Chairman, who shall serve as such until the Common
Council shall thereafter appoint a Chairman at the first meeting of
the Common Council in January of each year. The Smoke Advisory Board
shall elect a Secretary from among its members. If a vacancy shall
occur in said Board other than by expiration of term, such vacancy
shall be filled by the Common Council by appointment for the unexpired
term. The Common Council shall have the power to remove any member
for cause after a public hearing.
B.
The duties of said Advisory Board shall be to advise and counsel with the Smoke Inspector and assist him in the promulgation of rules and regulations as provided in § 79-5 hereof.
C.
All meetings of said Board shall be held at the call
of the Chairman and at such other times as such Board may determine.
No new fuel- or refuse-burning plant, equipment
or device shall be installed, erected or used, nor shall any existing
fuel- or refuse-burning plant, equipment or device be altered, added
to or used, nor shall any stack or furnace connected with such plant,
equipment or device be installed, erected, altered, added to or used
within the city until plans and specifications of the same shall have
been filed in the office of the Smoke Inspector and approved, and
a permit shall have been issued for such installation, erection, reconstruction
or addition; provided, however, that such plans and specifications
for heating plants only in residences of less than five dwelling units
or flats need not to be so filed unless demanded by the Smoke Inspector.
The plans and specifications so filed shall show:
A.
The type of installations.
B.
The nature and extent of the work to be performed.
C.
The extent of the space to be heated.
D.
The kind of fuel or refuse to be used and the rate
of burning, including all provisions made for securing complete combustion
of the fuel or refuse and the manner in which it is to be burned,
for the purpose of preventing and eliminating dense smoke or other
air-pollution.
E.
The location and dimensions of the premises, room,
basement or other portion of the building in which such plant, equipment
or device now is or may be located; also, the doors, windows, air
shafts, fans and other means of ventilation in such premises, room,
basement or other portion of such building to be sufficient to prevent
the temperature therein from rising to a point higher than 120°
F., and sufficient also to provide that the atmosphere of any such
room, basement or other portion of the building may be changed at
least every 10 minutes.
F.
The locations and dimensions of all stacks used in
connection with or as a part of said fuel- or refuse-burning plant.
G.
The Smoke Inspector may require such additional data
as he may deem necessary for the purpose of issuing a permit.
H.
No plans and specifications shall be approved nor
shall a permit be issued for the installation, construction, erection
or alteration of or addition to such fuel- or refuse-burning plant,
equipment or device unless adequate and approved provisions are shown
thereon for securing reasonably complete combustion of the fuel or
refuse to be used, for the purpose of preventing dense smoke or other
air-pollution.
I.
After a permit has been issued, no fuel- or refuse-burning
plant, equipment or device shall be operated or used with a type of
fuel materially different from that specified, nor in a manner different
from the plans and specifications and the terms and conditions relating
to the operation and use.
J.
Nothing in this section contained shall be construed
so as to prohibit the making of repairs to any stack, fuel- or refuse-burning
equipment or device.
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 § 79-5 hereof. It shall be the duty of the Smoke Inspector, after such permit has been issued, to inspect the premises wherein said fuel-or refuseburning 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 procured 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, noxious or obnoxious acids,
fumes or gases.
A.
Every fuel- or refuse-burning plant, equipment or
device shall be subject to annual inspection: and it shall be unlawful
for any person to use or operate any fuel- or refuse-burning plant,
equipment or device without first obtaining therefor an annual certificate
of operation.
B.
The first annual inspection shall commence one year
from the effective date of this ordinance, and each annual certificate
of operation shall be effective for one year from the date thereof.
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 not more than three months at any one time. All extensions
of time shall be reported to the Common Council.
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, excepting those in which the only fuel
is gas or oil and excepting 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
type, volume and character of smoke being discharged.
The Smoke Inspector and/or his assistants shall
be permitted to enter any premises within the city and inspect said
premises and the fuel- or refuse-burning plant, equipment or device
therein at all reasonable hours for the purpose of administering and
enforcing the provisions of this chapter. No person shall in any manner
hinder, obstruct, delay, resist, prevent or interfere with the agents
or employees of the city while administering or enforcing the provisions
of this chapter nor refuse them entrance to premises for that purpose.
A.
A violation of this ordinance or any rule or regulation
adopted hereunder by the Common Council is hereby declared a misdemeanor
except as otherwise provided by law.
B.
Any person who violates the provisions of this ordinance
or any rule or regulation duly adopted by the Common Council hereunder,
and upon conviction thereof in a court of competent jurisdiction,
may be punished by a fine of not more than $100, or imprisonment for
not more than 30 days for each violation or both.
C.
The Common Council may also maintain an action or
proceeding in the name of the city in a court of competent jurisdiction
to collect a civil penalty of not over $200 for each violation of
this ordinance.
D.
Each unlawful emission of dense smoke, dust, soot,
cinders, fly ash, noxious or obnoxious 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.
If any clause, sentence, paragraph or part of
this chapter or the application thereof to any person or circumstances
shall for any reason be adjudged by a court of competent jurisdiction
to be unconstitutional or invalid, said judgment shall not affect,
impair or invalidate the remainder of this chapter and the application
of such provision to any other person or circumstances, but shall
be confined in its operation to the clause, sentence, paragraph or
part thereof directly involved in the controversy in which such judgment
shall have been rendered and to the person or circumstance involved.
It is hereby declared to be the legislative intent of the Common Council
that this ordinance would have been adopted had such invalid provision
not been included.
