[HISTORY: Adopted by the Board of Trustees
of the Village of Harriman 12-21-1988 as Ch. 47 of the 1988 Code. Amendments noted where applicable.]
Whenever used in this chapter, unless otherwise
expressly stated or unless the context or subject matter requires
a different meaning, the following terms shall have the respective
meanings hereinafter set forth or indicated:
A gaseous system containing disperse particulates.
Any chemical, dust, fume, gas, mist, odor, smoke, vapor,
pollen or any combination thereof.
The presence in the outdoor atmosphere of one or more air
contaminants which contribute or which are likely to contribute to
a condition of air pollution.
Any source at, from or by reason of which there is emitted
into the atmosphere any air contaminant, regardless of who the person
may be who owns or operates the building, premises or other property
in, at 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. Without limiting the generality of the foregoing,
this term includes all types of commercial and industrial plants and
works; heating and power plants in stations, shops and stores; garages
and service stations; portable fuel-burning equipment; incinerators
of all types, indoor and outdoor; and refuse dumps and piles.
The presence in the outdoor atmosphere of one or more air
contaminants in quantities, of characteristics and of a duration which
are or may be injurious to human, plant or animal life or to property
or which unreasonably interferes with the comfortable enjoyment of
life and property throughout such areas of the village as shall be
affected thereby.
An accident, occurrence, condition, weather conditions and/or
concentration of an air contaminant or contaminants so that immediate
action is necessary to prevent further increases in air contamination
or damage to life, property or environmental quality.
Air quality area classifications as set forth in Part 256
of Subchapter A of Chapter III of Title 6 of the Official Compilation
of Codes, Rules and Regulations of the State of New York (NYCRR).
The ambient air quality standards required to be met under
and pursuant to the provisions of Part 257 of Subchapter A of Chapter
III of Title 6 of the Official Compilation of Codes, Rules and Regulations
of the State of New York or the specific air quality standards assigned
to geographical areas of the county and any subsequent amendments
thereto or revisions thereof or the provisions of any other rule or
codes which may be enacted by the New York State Department of Environmental
Conservation.
The Code Enforcement Officer of the Village of Harriman or,
in his absence, the Mayor of the Village of Harriman or any person
designated by the Mayor to act on his behalf.
A plant, equipment or device in which fuel is burned for
the primary purpose of generating heat, steam or hot water.
Particulate and gaseous contaminants created by the burning
of any kind of fuel.
A device which is used to reduce the quantity or change the
physical or chemical characteristics of the emission of air contaminants
from any air sources.
A zone after the furnace outlet of an incinerator in which
the emissions from the furnace outlet are subjected to a temperature
of not less than 1,400° F. for a period of time that will allow
complete combustion.
[Amended 8-23-1989 by L.L. No. 9-1989]
Any point at which air contaminants enter the outer atmosphere
from an air contamination source.
Any process which removes and transports any air contaminant
products from their point of generation to the outer atmosphere.
Visible solid particulate matter emitted from an air contamination
source to the outer atmosphere.
Solid, liquid or gaseous combustible materials.
Any furnace, steam, hot-air or hot-water generating equipment
or any other device, exclusive of process equipment, in which the
fuel is burned.
Any virgin distillate oil, virgin residual oil, rerefined
oil or any blend of the aforementioned meeting the latest specifications
of the American Society for Testing and Materials (ASTM) D396.
The end point at which the air contaminants exit from the
primary chamber in a single-chamber incinerator and the secondary
chamber in a multiple-chamber incinerator.
Animal and vegetable waste resulting from the handling, preparation,
cooking and serving of food.
Any substance named in the list of extremely hazardous substances
published by the Environmental Protection Agency of the United States.
Any structure or furnace in which combustion takes place,
the primary purpose of which is the reduction in volume and weight
of unwanted materials, classified only as Type 0, 1, 2, 3 or 4. Refuse
is used as a fuel alone or in conjunction with other fuel.
The degree to which emissions other than condensed water
reduce the transmission of light and obscure the view of an object
in the background.
Any outdoor fire- or outdoor smoke-producing process from
which air contaminants are emitted directly into the outer atmosphere.
All space outside of buildings, structures, stacks or exterior
ducts.
Any air- or gasborne material, except water, which exists
as a liquid or solid. The determination of the quantity of "particulates"
present in a stack shall be determined in accordance with emission
testing methods approved by the Code Enforcement Officer of the Village
of Harriman, utilizing standards established by the New York State
Department of Environmental Conservation and United States Environmental
Protection Agency.
[Amended 8-23-1989 by L.L. No. 9-1989]
Except for any federal or state agencies, any individual,
firm, public or private corporation, association, partnership, institution,
political subdivision, government agency, public body, joint-stock
association, trust, estate or other group of individuals or any combination
of the foregoing or any other legal entity whatsoever, and includes
the plural as well as the singular.
Any industrial, commercial, agricultural or other activity,
operation, manufacture or treatment in which chemical, biological
and/or physical properties of the material or materials are changed
and which emits air contaminants to the outer atmosphere.
The total weight of all materials introduced into any specific
process which may cause any discharge into the outer atmosphere and
shall include solid fuels used in the process, but shall not include
liquid and gaseous fuels, uncombined water and combustion air.
The total process weight divided by the number of hours in
one complete operation of the process from the beginning of a cycle
to the completion thereof, and for any continuing processes, such
shall be determined on a daily basis.
All waste material, including but not to be limited to hazardous
chemicals, offensive material, garbage, rubbish, incinerator residue,
street cleaning, dead animals and offal.
Land used for depositing refuse and shall be a site approved
by the New York State Department of Environmental Conservation or
any other agency having appropriate jurisdiction depending upon the
nature of the refuse.
Any waste oil from which physical and chemical contaminants
have been removed so that it is equivalent to virgin distillate or
virgin residual oil.
The length of time in which the product of combustion reaches
the desired temperature and is maintained at that temperature.
Solid or liquid waste material, including but not limited
to paper and paper products, rags, trees or leaves, needles and branches
therefrom, vines, lawn and garden debris, furniture, cans, crockery,
plastics, cartons, chemicals, paint, greases, sludges, oils and other
petroleum products, wood, sawdust, demolition materials, tires and
automobiles and other vehicles and parts for junk, salvage or disposal.
An air contaminant consisting of small gasborne particles
emitted by sources of air contamination.
A sample of the emission from an air contamination source,
collected for analysis from within a stack.
Any conduit, chimney, duct, vent, flue or opening of any
kind arranged to conduct any air contaminant to the outer atmosphere.
Any person who holds certification in training to observe
opacity from the Department of Environmental Conservation of the State
of New York or any similar course.
The method for visual determination of the opacity of emissions
as approved and promulgated by the United States Environmental Protection
Agency as published in the Federal Register, Volume 39, Number 219,
November 12, 1974, and any revisions thereto.
The Village Board of the Village of Harriman or any subcommittee
or official or employee or professional consultant of the village.
[Amended 8-23-1989 by L.L. No. 9-1989]
Any oil or mixture of oil that does not constitute fuel oil
as defined in this section.
A.Â
No person shall permit or cause any air contamination
source to produce air pollution.
B.Â
Any person responsible for a new, existing or modified
source of air pollution shall provide pertinent data concerning emissions,
equipment and operations to the Code Enforcement Officer or his representative.
C.Â
Any person who shall refuse to comply with any provisions
of this chapter or who hinders, obstructs, delays, resists, prevents
or in any way interferes or attempts to interfere with the Code Enforcement
Officer or his representative in the performance of his duties or
assists any other person in such conduct or who refuses to permit
such personnel, after identification, to perform his duties by refusing
him entrance to any premises in which the provisions of the code are
being, have been or are suspected of being violated or refuses to
permit the inspection or examination of such premises for compliance
with and enforcement of the code shall be liable for such penalty
as prescribed by law and the provisions of this chapter.
D.Â
All persons owning, operating, in charge of or in
control of any equipment who shall cause, permit or participate in
any violation of this chapter shall be liable for such penalty as
prescribed by law and the provisions of this chapter.
E.Â
Any person violating any of the provisions of this
chapter or who knowingly makes any false statement or false report
in connection therewith shall be liable for such penalty as prescribed
by law and the provisions of this chapter.
F.Â
Any information relating to trade secrets, methods
of manufacture or production submitted in connection with reports,
plans and specifications or testing shall be considered as privileged
communications and shall not be released or made public without the
express permission of the applicant, except as prescribed by law.
A.Â
No person shall undertake to construct a new air contamination
source, exhaust and ventilation system, stack or control equipment
or make modifications to an existing air contamination source, exhaust
and ventilation system, stack or control equipment without first submitting
to the Code Enforcement Officer an application, plans and specifications
and any other information concerning this issue as may be required
by the village in accordance with this section and without obtaining
prior written approval therefor, except as hereinafter provided.
[Amended 8-23-1989 by L.L. No. 9-1989]
B.Â
Reports, plans and specifications for construction
of an air contamination source, exhaust and ventilation system, stack
or control equipment or modifications to an existing air contamination
source, exhaust and ventilation system, stack or control equipment
shall be submitted in accordance with the standards, guides, rules
and regulations, laws and ordinances duly promulgated by the village.
C.Â
The village may require a physical and chemical analysis
or test of any emission before any permit to operate is issued, the
expense of which analysis or test shall be borne by the applicant.
[Amended 8-23-1989 by L.L. No. 9-1989]
A.Â
The Code Enforcement Officer shall acknowledge receipt
of each application, reports, plans and specifications to construct
an air contamination source, exhaust and ventilation system, stack
or control equipment or to make modifications to an existing air contamination
source, exhaust and ventilation system, stack or control equipment.
B.Â
An approval of an application to construct an air
contamination source, exhaust and ventilation system, stack or control
equipment or to make modifications to an existing air contamination
source, exhaust and ventilation system, stack or control equipment
shall be granted only when in conformance with the requirements of
this chapter and the rules, regulations, standards, laws and ordinances
of the village.
C.Â
If an application to construct an air contamination
source, exhaust and ventilation system, stack or control equipment
or to make modifications to an existing air contamination source,
exhaust and ventilation system, stack or control equipment is denied,
the applicant shall be notified in writing to that effect and the
reasons therefor.
D.Â
Denial of an application shall be without prejudice
to the applicant's filing an amended application or requesting a hearing
therefor.
E.Â
Following denial, an applicant may request a hearing
on his application before the Village Board. The hearing shall be
held within 45 days of the receipt of the request by the Village Clerk.
F.Â
Based upon the evidence presented, the Board of Trustees
may grant the application in full or conditionally, or it may deny
the application. If conditional approval is granted, the Board may
impose such terms of operation and time periods as it deems necessary.
The Board may modify in the future the conditional permit upon the
request of the permittee or on its own initiative, provided that the
permittee is given an opportunity to address the Board at its next
regularly scheduled meeting at least 10 days prior to the modification
of the conditional permit.
Approval to construct an air contamination source,
exhaust and ventilation system, stack or control equipment or to make
modifications to any existing air contamination source, exhaust and
ventilation system, stack or control equipment shall not be transferable
from one approved location to another or from one piece of equipment
to another or from one person to another.
A.Â
No personnel shall operate an air contamination source
without first obtaining a valid certificate issued by the village
to operate such source. Any person presently operating an existing
air contamination source shall make an application for a certificate
to operate within six months of the date of enactment of this chapter.
An existing certificate issued by the New York State Department of
Environmental Conservation and/or the United States Environmental
Protection Agency shall be considered an application for a permit
under this chapter.
[Amended 8-23-1989 by L.L. No. 9-1989]
B.Â
Application for certificate.
(1)Â
An application for a certificate to operate a new
or existing air contamination source shall be made in writing to the
Code Enforcement Officer and shall be accompanied by a written statement
from a professional engineer, licensed and registered to practice
in the State of New York, certifying that the new or modification
to an existing air contamination source has been constructed in accordance
with the approved permit to construct, plans and specifications.
(2)Â
Such application shall be made within 30 days of the
date of completion of the air contamination source on forms provided
by the village and in accordance with the permit to construct.
C.Â
Term of certificate; renewal.
(1)Â
A certificate to operate an air contamination source
shall be issued for 30 to 36 months.
[Amended 8-23-1989 by L.L. No. 9-1989]
(2)Â
An application for a renewal certificate to operate
an air contamination source shall be filed with the village within
60 days prior to the expiration of the existing certificate and shall
be made on forms provided by the village.
D.Â
A certificate to operate an air contamination source
shall not be transferable from one approved location to another or
from one air contamination source to another or from one person to
another.
E.Â
A certificate to operate an air contamination source
or a copy thereof shall be permanently retained on the certified premises.
F.Â
No person shall maintain, cause or allow to be operated
a stationary combustion installation with a rated capacity of 1,000,000
Btu's per hour or more, using Numbers 2, 4 and 6 oil as fuel, without
a certificate to operate issued by the village.
G.Â
Information pertaining to manufacture, production
or trade secrets submitted in connection with an application, report,
plans and specifications to construct an air contamination source,
control equipment, exhaust and ventilation system or stack or to make
modifications to an existing air contamination source, control equipment,
exhaust and ventilation system or stack and designated as secret or
proprietary information shall be kept confidential by the village,
except that it may be produced at an administrative hearing, a court
of competent jurisdiction or pursuant to any applicable provisions
of law; provided, however, that the quantity and physical and chemical
characteristics of actual and allowable air contaminant emissions
shall be considered to be public information.
H.Â
The provisions of this section shall also apply to
alterations, reconstruction and extension of systems.
A.Â
Exemptions.
(1)Â
Whenever a new installation or modification to an
existing installation is not likely to increase the amount or change
the effects or characteristics of the air contaminants discharged,
such installation or modification may be exempted from the provisions
of this chapter.
[Amended 8-23-1989 by L.L. No. 9-1989]
(2)Â
Determination as to whether a relocation or minor
alteration of an air contamination source is exempt from the filing
of reports, plans and specifications shall be made by the Code Enforcement
Officer.
B.Â
Reports, plans and specifications for relocations
of a previously approved air contamination source within the same
premises or minor alterations of such air contamination source shall
be submitted for approval to the Code Enforcement Officer in advance
and in writing by the owner or his duly authorized representative.
The Code Enforcement Officer shall notify the applicant within 30
days of a complete submission as to his determination. The Code Enforcement
Officer's time to review the application may be extended for up to
60 days after complete submission.
A.Â
Notices.
(1)Â
The owner of an installation for which a permit to
construct an air contamination source has been issued by the Code
Enforcement Officer shall notify the Code Enforcement Officer in writing
of its completion, and such notification must occur prior to the expiration
of the permit to construct.
(2)Â
The owner of an installation shall notify the Code
Enforcement Officer at least 10 days prior to the test date of the
time and place of any tests to be performed on the installation as
required by the Code Enforcement Officer and in accordance with the
approved report, plans and specifications for the installation, which
date shall be scheduled with the Code Enforcement Officer, utilizing
the regulations of the New York State Department of Environmental
Conservation.
[Amended 8-23-1989 by L.L. No. 9-1989]
(3)Â
If tests, including stack tests, are required in accordance
with the permit to construct, the owner shall specify in writing by
whom they are to be conducted, describing in detail the protocol to
be used in such testing. The Code Enforcement Officer shall approve
the protocol, or modify it if required, before the tests are conducted.
B.Â
Tests.
(1)Â
A representative of the Code Enforcement Officer shall
be present and witness the test or tests to be conducted on the installation.
However, if the Code Enforcement Officer or his representative is
unavailable within 10 days, such tests may be conducted without such
representative of the village, and the results will be submitted to
the Code Enforcement Officer without prejudice.
[Amended 8-23-1989 by L.L. No. 9-1989]
(2)Â
Tests shall be made and conducted in a manner acceptable
to the Code Enforcement Officer, and the results of such tests shall
be submitted to the Code Enforcement Officer.
(3)Â
The costs of tests shall be borne by the owner of
the installation.
(4)Â
When additional tests are found necessary by the Code
Enforcement Officer in order for him to make a determination of contaminant
emissions, sampling holes and pertinent allied facilities, as needed,
shall be requested in writing to the owner by the Code Enforcement
Officer and shall then be provided by the owner at his expense and
at such locations as the Code Enforcement Officer may require. In
such instances, the owner shall provide a suitable power source to
the point of testing so that sampling instruments can be operated
as required.
(5)Â
Analytical results of samples collected by the Code
Enforcement Officer shall be furnished to the owner of the installation.
(6)Â
Nothing herein concerning tests conducted by and paid
for by the owner shall be deemed as a waiver of the village's right
to conduct separate or additional tests of an installation at the
expense of the village.
(7)Â
Sampling and analytical determinations to ascertain
compliance with this section shall be approved by the New York State
Department of Environmental Conservation.
[Amended 8-23-1989 by L.L. No. 9-1989]
(8)Â
A person who owns, operates or controls an air contamination
source shall submit a test report to the Code Enforcement Officer
within 60 days after completion of the test.
A.Â
Control equipment shall be selected so as to afford
the highest efficiency or the lowest discharge rate that is reasonable
and practicable.
B.Â
Reasonableness and practicability shall take into
account costs, the air contaminant concentration in the emission gas
stream, particle characteristics and other properties of the contaminant
and of the emission gas stream.
C.Â
All devices used to effect compliance shall be installed,
easily accessible, readable and maintained and operated in a satisfactory
manner and in accordance with the provisions of this chapter and existing
laws.
D.Â
Collected air contaminants shall be removed and disposed
of in conformity with this chapter and existing laws and at such intervals
as may be necessary to maintain the equipment at the required operating
efficiency.
E.Â
Collection and disposal of air contaminants shall
be performed in a manner so as not to reintroduce contaminants to
the outer atmosphere or otherwise create a public health hazard or
nuisance.
A.Â
No person shall cause, permit or allow the emission
of air contaminants from an emission source resulting from an operation
which exceeds the permissible emission rates or standards set by the
Village of Harriman or as determined by the Code Enforcement Officer,
utilizing the rules and regulations of the New York State Department
of Environmental Conservation.
[Amended 8-23-1989 by L.L. No. 9-1989]
B.Â
No person shall cause or permit the emissions from
a process and exhaust and ventilation systems to be equal to or greater
than twenty-percent opacity as determined by a trained certified observer
using USEPA Method Nine.
C.Â
An air contamination source shall not be operated
other than in accordance with its design.
A.Â
No person shall operate or maintain any air contamination
source so as to cause, suffer or allow air contaminants to escape
or be discharged into the atmosphere in quantities that endanger the
public health, safety or welfare.
[Amended 8-23-1989 by L.L. No. 9-1989]
B.Â
No person shall cause or allow any air contamination
source to emit any air contaminant having an opacity equal to or greater
than twenty-percent opacity, except where otherwise provided by this
chapter, at open fires for which a restricted burning permit has been
issued by the Code Enforcement Officer.
No person shall operate a combustion installation
or fuel-burning equipment so as to produce, emit or permit the escape
of smoke, regardless of how produced or discharged, having an opacity
equal to or greater than 20% for any time period, as determined by
a trained certified observer using USEPA Method Nine, except:
A.Â
That the production, emission or permitting the escape
of smoke during startup or emergencies in excess of those permitted
by this section shall not be considered as noncompliance satisfaction
of the Code Enforcement Officer that such excessive emissions were
not preventable;
B.Â
The periodic soot blowing in accordance with the practices
accepted by the New York State Department of Environmental Conservation
and the United States Environmental Protection Agency; or
C.Â
As otherwise provided for by the provisions of the
Acts of the Village of Harriman, the Environmental Conservation Law
or rules and regulations promulgated pursuant thereto or any other
applicable provision of this chapter.
A.Â
Alarm devices on opacity monitors.
(1)Â
Any fuel-burning equipment with an input heat capacity
equal to or greater than 1,000,000 Btu's per hour which has repeatedly
on more than one occasion emitted smoke exceeding permissible smoke
opacity limits, as determined by the Code Enforcement Officer, shall
be equipped with an acceptable opacity monitor which will automatically
cause an audible alarm device and a visible flashing red light to
be activated when smoke of an opacity equal to or greater than 20%
is produced by the combustion installation or fuel-burning equipment,
provided, however, that the opacity monitor shall have the following
characteristics:
(a)Â
The alarm device shall be sufficiently loud
so as to be heard by a person of normal hearing at a distance of 20
feet from the signal.
(b)Â
The alarm device and the flashing red light
shall continue to operate until manually reset.
(c)Â
The alarm device and flashing red light shall
be located at the principal work location of the person responsible
for the operation of the equipment.
(d)Â
If an opacity monitor fails to operate properly,
the monitor shall automatically cause an alarm device sufficiently
loud so as to be heard by a person of normal hearing 20 feet from
the alarm and a readily visible flashing red light to be activated,
which shall continue until manually reset.
(e)Â
The opacity monitor and alarm device shall be
maintained in good operating order, regularly inspected and cleaned
and shall be promptly repaired, altered or replaced when necessary.
(2)Â
A record shall be kept in which shall be recorded
the date and time the alarm device is activated, and the Code Enforcement
Officer shall be notified within 24 hours of such activation.
B.Â
The Code Enforcement Officer may require:
(1)Â
The installation of control equipment, devices to
control or devices to record emissions from any combustion installation
or fuel-burning equipment with a rated input heat capacity equal to
or greater than 1,000,000 Btu's per hour which causes or is maintained
or operated so as to cause noncompliance with this chapter.
(2)Â
A change in the manner of operation of any combustion
installation or fuel-burning equipment or control equipment which
is operated so as to result in noncompliance with this chapter.
(3)Â
The cleaning, repair, replacement or alteration of
any combustion installation, fuel-burning equipment or control equipment
which causes or is maintained or is operated as to result in noncompliance
with this chapter.
C.Â
The Code Enforcement Officer may order the discontinuance
of use and may seal any combustion installation or fuel-burning equipment
which does not comply with the provisions of this chapter.
D.Â
The seal may be removed from the equipment only upon
written notice from the Code Enforcement Officer or his representative
stating that the equipment has been corrected to the satisfaction
of the Code Enforcement Officer and that it may be restored to use
or operation.
E.Â
No personnel shall use or permit the use of any combustion
installation or fuel-burning equipment with a rated heat input capacity
equal to or greater than 1,000,000 Btu's per hour for a purpose or
in a manner which causes it to function improperly or other than in
accordance with its design.
A.Â
No person shall operate, allow or permit the operation
of a diesel engine or vehicle propelled by a diesel engine in such
a manner as to emit exhaust emissions equal to or greater than twenty-percent
opacity for a continuous period of more than five seconds, as determined
by a trained certified observer.
B.Â
No person shall allow or permit a bus or truck, the
motive power for which is provided by a diesel engine, to idle for
more than five consecutive minutes when the bus or truck is not in
motion, except that this provision shall not apply when:
(1)Â
A bus or truck, the motive power for which is provided
by a diesel engine, is forced to remain motionless because of traffic
conditions over which the operator thereof has no control.
(2)Â
Regulations adopted by a federal, state or local agency
having jurisdiction require the maintenance of a specific temperature
for passenger comfort, in which case the idling time may be increased
to the extent necessary to comply with such regulations.
(3)Â
A diesel engine is being used to provide power for
an essential auxiliary purpose, such as loading, discharging, mixing
or processing cargo; controlling cargo temperature; construction;
lumbering; oil or gas well servicing; farming operations; or when
operation of the engine is required for the purpose of maintenance.
(4)Â
Trucks and heavy-duty construction equipment propelled
by diesel engines, owned and operated by persons engaged in mining
and quarrying, are used within the confines of such person's property.
(5)Â
A bus or truck, propelled by a diesel engine, is to
remain motionless for a period exceeding two hours and during which
period the ambient temperature is continuously below 25° F.
C.Â
This section shall apply to any person who owns, operates,
leases, supervises or who otherwise has charge, supervision or control
of such vehicle and to any person who owns, leases or occupies land
and has actual or apparent domain or control over such vehicle or
engine which is present on such land.
D.Â
This section shall not apply to fire trucks and other
emergency vehicles and equipment when performing essential services.
A.Â
No person shall cause, allow or permit the installation
or construction of an incinerator having a rated capacity of 2,000
pounds per hour or less, except when the design and construction of
the incinerator is shown by actual emission sampling and analysis
conducted by and at the expense of the owner or manufacturer under
actual on-site operating conditions and with routine maintenance to
produce emissions that do not exceed smoke and particulate emission
limits as set forth elsewhere in this chapter or to produce emissions
that do not exceed smoke and particulate emission limits as otherwise
set forth in the laws, rules and regulations of the State Department
of Environmental Conservation and the Village of Harriman.
B.Â
Operation guidelines.
(1)Â
All incinerators having a rated capacity of 2,000
pounds per hour or less shall be operated so that particulate emissions
do not exceed the permissible emission limits as provided for or shall
be equipped with adequate control devices or redesigned and rebuilt
so as to meet the permissible emission limits as set forth in the
laws, rules and regulations of the New York State Department of Environmental
Conservation.
(2)Â
No incinerator having a rated capacity of 2,000 pounds
per hour or less shall be operated so as to emit smoke of an opacity
greater than 20% as determined by a trained and certified observer
using USEPA Method Nine.
(3)Â
No person shall use or permit the use of an incinerator
with a rated capacity of 2,000 pounds per hour or less for a purpose
or in a manner which causes it to function improperly or other than
in accordance with its design.
(4)Â
No person shall cause or permit the operation of an
incinerator with a rated capacity of 2,000 pounds per hour or less
at any time other than between the hours of 7:00 a.m. and 5:00 p.m.
of the same day, except by written permission of the Code Enforcement
Officer.
(5)Â
No person shall cause or permit the operation of an
incinerator with a rated capacity of 2,000 pounds per hour or less
so as to emit fly ash to the outer atmosphere.
(6)Â
Any person seeking approval to operate, cause or permit
the operation of an incinerator with a rated capacity of 2,000 pounds
per hour or less at any time other than as herein provided shall submit
a written request to the Code Enforcement Officer stating:
(a)Â
The full name and address of the applicant.
(b)Â
The location of the incinerator.
(c)Â
A brief description of the incinerator and its
apparatus.
(d)Â
The reason for requesting such approval.
(e)Â
The hours during which the applicant seeks to
operate the incinerator.
(f)Â
The length of time for which the approval is
requested.
(7)Â
If two or more incinerators are connected to a single
stack, the total refuse charged to all incinerators connected to the
same stack shall be the refuse charged for the purpose of determining
the permissible particulate emission.
(8)Â
If a single incinerator is connected to two or more
stacks, the refuse charged to a single incinerator shall be the refuse
charged for the purpose of determining the permissible particulate
emission.
(9)Â
In order to control the emission of odors:
(a)Â
No person shall construct, install, use or cause
to be used any continuously fed incinerator unless the gas temperature
at the furnace outlet or designated zone is designed to be automatically
maintained and is automatically maintained at a temperature and residence
time in accordance with the Code Enforcement Officer's rules and regulations.
(b)Â
No person shall construct, install, use or cause
to be used any batch-fed incinerator unless the gas temperature at
the furnace outlet or designated zone is designed to be automatically
maintained and is automatically maintained at a temperature and residence
time in accordance with the Code Enforcement Officer's rules and regulations.
(c)Â
Incinerators with a capacity of 2,000 pounds
per hour or less of refuse charged shall be equipped with a sensing
device indicating the gas temperature at the furnace outlet or at
the designated zone.
(10)Â
Incinerators with a capacity of greater than
2,000 pounds per hour of refuse charged shall comply with all applicable
codes, rules and regulations of the Village of Harriman, the New York
State Department of Environmental Conservation and the United States
Environmental Protection Agency.
(11)Â
All burners shall be located and operated in
a manner so that the operation of such burners conforms to all codes
and does not serve as a potential hazard.
(12)Â
All monitoring and recording equipment must
be located in such a manner that information from such equipment can
be easily ascertained.
C.Â
Abatement.
(1)Â
Where the Code Enforcement Officer has reasonable
cause to believe that any incinerator with a rated capacity of 2,000
pounds per hour or less is emitting particulate matter in excess of
the allowable emission rate as provided by this chapter, the Code
Enforcement Officer may require the owner or lessee of the incinerator
to conduct such tests as are necessary to determine whether the equipment
or its operation exceeds the allowable emission rate as provided by
this chapter and to submit the test results to the Code Enforcement
Officer within 30 days after such tests are completed.
(a)Â
All such testing shall be performed in accordance
with the Code Enforcement Officer's rules and regulations.
(b)Â
The owner or lessee shall notify the Code Enforcement
Officer of the time and place of any such testing at least 30 days
before the commencement of the test and shall make reasonable facilities
available for a representative of the Code Enforcement Officer to
be present and witness the tests.
(2)Â
If, in the opinion of the Code Enforcement Officer,
tests by the village are necessary in addition to those conducted
by the owner or lessee of the incinerator, the Code Enforcement Officer
may order the owner or lessee to provide sampling ports in the stack,
as the Code Enforcement Officer may request, to provide a power source
suitable to the points of testing and to provide allied facilities,
exclusive of sampling devices.
(3)Â
If any of the test results indicate a contravention
of particulate emission limits as provided by this chapter, the Code
Enforcement Officer may require the installation of appropriate control
equipment to reduce such particulate emissions to a level meeting
such emission limits or the Code Enforcement Officer may seal the
incinerator if such equipment is not installed within the time prescribed
by the Code Enforcement Officer.
(4)Â
The Code Enforcement Officer may order the cleaning,
repair, replacement or alteration of any equipment or control equipment
which causes or is operated so as to result in noncompliance with
the applicable provisions of this chapter.
(5)Â
The Code Enforcement Officer may order a change in
the manner of operation of any incinerator which is operated so as
to result in noncompliance with the applicable provisions of this
chapter.
(6)Â
Discontinuance of use.
(a)Â
The Code Enforcement Officer may order the discontinuance
of use and may seal any incinerator with a rated capacity of 2,000
pounds per hour or less which does not conform to the provisions of
this chapter.
(b)Â
The seal may be removed from the incinerator
only upon written authorization from the Code Enforcement Officer
or his representative following written application to the Code Enforcement
Officer by the owner of the incinerator stating that the incinerator
has been or will be repaired, modified, upgraded, removed, reconstructed
or replaced in a manner and within a time acceptable to the Code Enforcement
Officer.
(c)Â
The authorization from the Code Enforcement
Officer may set forth any terms and conditions the Code Enforcement
Officer deems appropriate concerning the particular incinerator to
be repaired, modified, upgraded, removed, reconstructed or replaced.
A.Â
Prohibitions.
(1)Â
No person shall construct, install or modify or cause
to be constructed, installed or modified any combustion installation
that is designed for use of a solid fuel containing sulfur limits
greater than allowable under the rules and regulations promulgated
by the New York State Department of Environmental Conservation in
accordance with the Environmental Conservation Law.
(2)Â
No solid fuel shall be sold, offered for sale or purchased
for use in or used in any stationary combustion installation that
contains amounts of sulfur greater than allowable under the rules
and regulations promulgated by the New York State Department of Environmental
Conservation in accordance with the Environmental Conservation law.
(3)Â
No person shall sell, offer for sale or purchase for
use in or use in any stationary air contamination source fuel, other
than distillate and residual oil, having a sulfur content greater
than allowable under the rules and regulations promulgated by the
New York State Department of Environmental Conservation in accordance
with the Environmental Conservation Law.
(4)Â
No waste fuel shall be offered for sale or purchased
for use in any stationary air contamination source, except as allowed
by the rules and regulations of the New York State Department of Environmental
Conservation and upon receiving prior written approval of the Code
Enforcement Officer.
B.Â
Exceptions.
(1)Â
The Code Enforcement Officer may except, in whole
or in part, the fuel sulfur content restrictions imposed under this
chapter where an applicant establishes to his satisfaction that the
fuel, as thus permitted, will not result in the emission of sulfur
compounds, expressed as sulfur dioxide, to the outdoor atmosphere
at a rate greater than would be obtained through the use of fuels
otherwise mandated in the following cases:
(a)Â
Where a mixture of fuels is burned simultaneously
in each furnace of a stationary combustion installation in operation
or under construction before January 1, 1968, producing steam or electric
power for sale;
(b)Â
Where fuel is used as a process constituent;
(c)Â
Where approved control equipment is installed;
(d)Â
Where a substantial portion of the sulfur in
the fuel burned is retained in the ash and not emitted to the outdoor
atmosphere; or
(e)Â
Where such fuel is used to demonstrate the performance
of an experimental air cleaning installation for removal of sulfur
compounds from stack emissions.
(2)Â
For those installations where coal or coke has been
the regular source of fuel, the Code Enforcement Officer shall permit
the sale and continued use of such fuel; provided, however, that the
continued sale and use of such fuel complies with provisions of this
section relative to the sulfur content thereof.
(3)Â
The Code Enforcement Officer may exempt persons from
the requirements of this chapter, upon evidence satisfactory to the
Code Enforcement Officer that:
(4)Â
The Code Enforcement Officer may, upon prior written
application, permit the sale, offer for sale, purchase and use of
fuel with a sulfur content in excess of that as specified herein,
provided that the purchaser maintains a continuous monitoring network
for sulfur compounds, expressed as sulfur dioxide, acceptable to the
Code Enforcement Officer and employs a system for the prompt switching
to fuel without a sulfur content, as specified in this chapter, whenever
continuous monitoring shows that an ambient air quality standard for
sulfur dioxide will tend to be exceeded; provided, however, that the
Code Enforcement Officer may require the installation of any available
device, method or procedure so that any emission shall not exceed
the standards provided for herein.
(5)Â
Nothing herein shall be construed to allow the emission
of air contaminants in quantities which, alone or in combination with
other sources, would contravene the standards established by the United
States Environmental Protection Agency and the Department of Environmental
Conservation of the State of New York for the ambient air quality
region in which the air contamination source is located or cause air
pollution as defined in this chapter.
C.Â
Compliance.
(1)Â
The Code Enforcement Officer may require submission
of fuel analysis or results of stack sampling, or both, to ensure
compliance with the provisions of this chapter, and no person shall
fail to submit such information when so required by the Code Enforcement
Officer.
(2)Â
Persons selling fuels in the village shall maintain
records of sales of all fuel containing sulfur and of all fuel analysis
required by the Code Enforcement Officer and shall make such records
available for inspection by the Code Enforcement Officer during normal
business hours.
A.Â
Calculation of allowable weight discharge.
(1)Â
No person shall cause, suffer, permit or allow to
be emitted into the atmosphere from any stationary combustion installation
burning solid fuels for heat or power generation particulates in excess
of the permissible emission rates, determined as maximum weight discharge
as specified in the following table:
|
Total Heat Input1
(million Btu's per hour)
|
Permissible Emission Rate2
(pounds per million Btu's)
| ||||
|---|---|---|---|---|---|
|
1 to 10
|
0.600
| ||||
|
20
|
0.550
| ||||
|
30
|
0.500
| ||||
|
40
|
0.450
| ||||
|
50
|
0.440
| ||||
|
60
|
0.420
| ||||
|
70
|
0.400
| ||||
|
80
|
0.390
| ||||
|
90
|
0.380
| ||||
|
100
|
0.370
| ||||
|
200
|
0.320
| ||||
|
300
|
0.290
| ||||
|
400
|
0.275
| ||||
|
500
|
0.262
| ||||
|
600
|
0.252
| ||||
|
700
|
0.242
| ||||
|
800
|
0.236
| ||||
|
900
|
0.230
| ||||
|
1,000
|
0.225
| ||||
|
2,000
|
0.193
| ||||
|
3,000
|
0.177
| ||||
|
4,000
|
0.166
| ||||
|
5,000
|
0.158
| ||||
|
6,000
|
0.152
| ||||
|
7,000
|
0.147
| ||||
|
8,000
|
0.142
| ||||
|
9,000
|
0.139
| ||||
|
10,000
|
0.136
| ||||
|
NOTES:
| |||||
|---|---|---|---|---|---|
|
1
|
Installations having a total input less than
1,000,000 Btu's per hour are exempted.
| ||||
|
2
|
Total input.
| ||||
|
a.
|
Total input between 1,000,000 and 10,000,000
Btu's per hour: Maximum weight discharge shall be 0.6 pound per million
Btu's per hour of input.
| ||||
|
b.
|
Total input between 10,000,000 and 10,000,000,000
Btu's per hour:
| ||||
|
Use E =
|
1.02 0.219 to determine
the maximum weight discharge
p
| ||||
|
Where
| |||
|---|---|---|---|
|
E =
|
Maximum weight discharge in pounds per hour
| ||
|
p =
|
Total input in million Btu's per hour
| ||
(a)Â
The heat content of coal shall be determined
by a method acceptable to the Code Enforcement Officer.
(b)Â
Individual combustion units with an input equal
to or less than 300,000,000 Btu's per hour and in operation prior
to June 1, 1972, may exceed the values in this table provided they
meet the following criteria:
[1]Â
For spreader stokers, the allowable weight discharge
shall not exceed 0.60 pound per million Btu's of input.
[2]Â
Individual combustion units other than spreader
stokers shall not exceed the following:
|
Input
(million Btu's per hour)
|
Maximum Weight Discharge
(pounds per million Btu's1)
| ||
|---|---|---|---|
|
1 to 100
|
0.60
| ||
|
200
|
0.45
| ||
|
300
|
0.30
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
The total heat input under normal operation
conditions shall be used in determining the permissible emission rate.
| |
(2)Â
If two or more stationary combustion units are connected
to a common air-cleaning device and/or stack, the total heat input
rating all units connected to the cleaning device and/or stack shall
be the heat input rating for the purpose of computing the allowable
weight discharge.
B.Â
If two or more stationary combustion units having
individual air-cleaning devices are connected to a single stack, the
total allowable weight discharge shall be the sum of the allowable
discharges from each individual unit.
C.Â
No person shall construct, install, modify or cause
to be constructed, installed or modified within the Village of Harriman
any hand-fired stationary combustion installation for heat or power
generation designed to burn bituminous coal.
D.Â
The Code Enforcement Officer may modify the limits
specified in this section if, in view of the properties of the emissions,
isolated conditions, stack height and other factors, it can be clearly
demonstrated that discharge of the contaminant or contaminants will
not add to an existing or predictable atmospheric burden of such contaminant
or contaminants so that adverse effects would reasonably be expected
therefrom.
E.Â
Notwithstanding any provision herein, no person shall
cause, suffer, permit or allow the emission of air contaminants in
quantities which, alone or in combination with other sources, would
cause air pollution as defined in the code or contravene the air quality
or emission standards established by the United States Environmental
Protection Agency and the Department of Environmental Conservation
of the State of New York.
F.Â
In order to determine compliance with this chapter,
any person operating or maintaining emission sources described in
this section shall provide pertinent data concerning emissions upon
the request of the Code Enforcement Officer.
A.Â
No personnel shall cause or permit the use of any
fuel-burning equipment having an input capacity of 1,000,000 Btu's
per hour or greater or of any incinerator having a rated capacity
of 2,000 pounds per hour or less, except under the operation and supervision
of a person who has a minimum of five years' experience in operating
fuel-burning equipment or who has successfully completed within one
year of the commencement of his employment a course of instruction
in air quality control given by or acceptable to the Code Enforcement
Officer.
B.Â
Upon presentation of an affidavit of such prior experience
or upon successful completion of a course of instruction required
by this section, the operator or supervisor shall receive a certificate
containing the prior experience or the name of the course of instruction,
as the case may be, the name of the operator or supervisor and the
date of successful completion of the course.
C.Â
No person shall employ an operator or supervisor of
fuel-burning equipment with an input capacity of 1,000,000 Btu's per
hour or greater or of an incinerator with a rated capacity of 2,000
pounds per hour or less who does not have a certificate as required
by this section.
[Amended 8-23-1989 by L.L. No. 9-1989]
In determining compliance with the provisions
of the code, the Village of Harriman will utilize the provisions of
Chapter III of Title 6 of the Official Compilation of Codes, Rules
and Regulations of the State of New York or the specific air quality
standards assigned to geographical areas of the county and any subsequent
amendments thereto or revisions thereof or the provisions of any other
rules or codes which may be enacted by the Department of Environmental
Conservation of the State of New York or by the local municipality
in which the installation is located, provided that the provisions
of such rules or codes do not permit lower or less stringent requirements
than required by the code.
A.Â
Every room and passageway in any habitable building,
except for an office and/or industrial building, shall be maintained
to ensure the public of an indoor atmosphere acceptable to the Code
Enforcement Officer.
B.Â
All equipment providing an indoor atmosphere shall
be maintained in repair and not be used for purposes other than in
accordance with its design.
[Amended 8-23-1989 by L.L. No. 9-1989]
The ambient air quality within the boundaries
of the village shall be governed by the federal government and state
government air quality standards for criteria pollutants.
[Amended 8-23-1989 by L.L. No. 9-1989]
The owner and/or operator of the air pollution
source and/or incinerator shall submit reports to the Code Enforcement
Officer on the basis as determined by the Code Enforcement Officer.
Such reports shall be required as reasonably necessary to ensure compliance
with the Act.
The fees for issuance of any permit or license
pursuant to this chapter shall be determined by resolution of the
Village Board of Trustees.
[Amended 8-23-1989 by L.L. No. 9-1989]
A.Â
Civil and administrative sanctions. Any person who
violates any provisions of this chapter or who fails to perform any
duty imposed by this act or any term or condition of any certificate
or permit pursuant thereto shall be liable in the case of a first
violation for a civil penalty not to exceed $5,000 and for an additional
penalty of not more than $5,000 for each day during which such violation
continues to be assessed by the Village Board after an opportunity
to be heard; and, in addition thereto, such person may be enjoined
from continuing such violation by a court of law; and any permit or
certificate issued to such person may be revoked or suspended or a
pending renewal application denied.
B.Â
Criminal sanctions. Any person, who having any culpable
mental state as defined in § 15.05 of the Penal Law, shall
violate any provisions of this chapter or who fails to perform any
duty imposed by this act or any term or condition of any certificate
or permit issued pursuant thereto shall be guilty of a misdemeanor
and, upon conviction thereof, shall for a conviction be punished by
a fine not to exceed $25,000 per day of violation or by imprisonment
for a term of not more than one year, or by both such fine and imprisonment.
