[HISTORY: Adopted by the Council of the City of Meriden 6-1-1970. Amendments noted where applicable.]
Health nuisances — See Ch. 144.
This chapter shall be known as the "Meriden Air Pollution Control Ordinance" and is adopted in accordance with the authority embodied in Section 12 of Public Act 758 of the 1969 General Assembly.
Editor's Note: See C.G.S. § 22a-185.
Recognizing the direct relationship between polluted air and an unhealthy environment and recognizing further that air pollution is presently affecting the lives and health of the citizens of Meriden and damaging or destroying their property, it is hereby declared to be the public policy of the City of Meriden to preserve, protect and improve the air resources of the City of Meriden so as to promote the health, safety and welfare of the City's inhabitants and, to the greatest degree practical, facilitate the enjoyment of the natural attractions of the City of Meriden.
As used in this chapter, the following terms shall have the meanings indicated:
- AIR POLLUTION
- The presence in the outdoor atmosphere of one or more air contaminants or any combination thereof in such quantities and of such characteristics and duration as are or are likely to be injurious to human health or welfare, animal or plant life or property, or would unreasonably interfere with the enjoyment of life or property.
- A release into the outdoor atmosphere of air contaminants.
- Any individual, partnership, firm, association, public or private corporation, trust, estate or any other legal entity.
The Director of Health and Human Services of the City of Meriden, in addition to any other powers vested in him by law, shall have and may exercise the following powers and duties in accordance with the provisions of this chapter and pursuant to rules and regulations adopted hereunder:
To develop a comprehensive program for the prevention and control of air pollution in the City of Meriden.
Pursuant to rules and regulations adopted by the City Council, to require any person to submit to him for approval and/or a permit any plans, specifications and other data related to construction, modification or use of any article, machine, equipment, facility or installation which has caused, may cause or is intended primarily to prevent or control the emission of air pollutants. Should such approval and/or permit be denied, the Director may prohibit the installation, alteration or use of such article, machine, equipment, facility or installation.
To issue, modify, revoke or enforce orders requiring compliance with this chapter or rules or regulations promulgated hereunder by the City Council.
To enforce compliance with the laws of the State of Connecticut and rules or regulations promulgated thereunder related to air pollution.
To advise, consult and cooperate with other agencies of the City, political subdivisions of the state, industries, agencies of the State of Connecticut, the federal government and affected groups and persons in furtherance of the purposes of this chapter.
To encourage and conduct studies and research relating to air pollution and conservation of the air resource.
To investigate complaints about air pollution and secure abatement of the cause thereof.
To collect and disseminate information relating to air pollution and conservation of the air resource.
To encourage voluntary cooperation by people, industries, other agencies of the City and others in preventing and controlling air pollution in the City.
In the event of any written complaints or upon his own initiative, to enter upon any private or public property for the purpose of investigating conditions relating to air pollution and ascertain compliance with the provisions of the laws of the State of Connecticut and rules and regulations promulgated thereunder related to air pollution and to investigate compliance with this chapter and rules and regulations adopted hereunder. He may also apply to any court having criminal jurisdiction for a warrant to inspect such premises to determine compliance with the provisions of the laws of the State of Connecticut and rules and regulations promulgated thereunder related to air pollution and compliance with the provisions of this chapter and rules and regulations adopted hereunder by the City Council, provided that the Director shall have authority to enter any property at any time when in his judgment an emergency tending to create an immediate danger to the public welfare or safety exists. All information gained by such inspection shall be kept confidential except as it relates directly to air pollution.
To accept, receive and administer funds, grants or gifts from public or private agencies, including the federal government, for the purpose of carrying out any of the functions provided in this chapter. Such funds received by the Director shall be deposited with the Director of Finance of the City of Meriden and held in a special account established for air pollution control activities of the Division of Health.
To represent the City of Meriden in any and all matters relating to air pollution.
To appoint, convene and dissolve special advisory groups to consider and report on any matters relating to air pollution.
To employ personnel, purchase equipment, supplies and materials and enter into contracts to carry out the purposes of this chapter in conformance with any practices of the City of Meriden applicable to the Division of Health.
To carry out all other activities as may be necessary to enforce this chapter and the rules and regulations promulgated thereunder by the City Council.
To designate a member or members of his staff to inspect, investigate, prepare reports and perform any other duties required to carry out the purposes of this chapter or to enforce the rules and regulations of the City Council adopted pursuant to the authority herein granted.
In addition to any other powers vested in it by law, the City Council shall have the following powers:
To adopt, promulgate, amend and repeal all rules and regulations for the prevention, control and abatement of air pollution and the conservation of air resources, in accordance with the provisions of this chapter and in accordance with powers granted to it under the Charter of the City of Meriden. Such rules, regulations and air standards shall not be inconsistent with the rules, regulations and air standards promulgated by any authorized agency of the State of Connecticut having jurisdiction over the prevention, control and abatement of air pollution and conservation of air resources.
To promulgate a system of alerts to prevent and reduce the risk of situations in which there may be imminent and serious danger to the public health and welfare of the community from air pollution.
To adopt rules and regulations whereby the Director of Health and Human Services shall be empowered to provide for the issuance, suspension and revocation and renewal of any permits that it may require pursuant to this chapter and rules and regulations adopted hereunder.
The City Council shall hold a public hearing with respect to the adoption, repeal or amendment of any rule or regulation relating to the control of air pollution, notice of which hearing shall be published in at least two daily newspapers having a general circulation in Meriden at least five days before such hearing. A copy of the proposed rules and regulations shall be filed with the City Clerk not less than five days prior to the date of said public hearing. Such rules and regulations shall become effective on such day as the City Council shall prescribe, provided that a notice setting forth the fact of their adoption and their effective date shall have been published twice consecutively in each of the two newspapers having a general circulation in the City of Meriden at least one week prior to the effective date, and provided further that a copy of such rules and regulations as adopted shall have been filed with the City Clerk prior to their effective date and that such filing shall have been noted in said notice.
Any person who willfully violates an order of the Director of Health and Human Services legally issued in accordance with this chapter or rules and regulations issued pursuant thereto shall be subject to a fine not in excess of $1,000 or imprisonment for not more than six months, or both. Intentional violation of a legally issued order of the Director of Health and Human Services that has been confirmed by the City Council shall be deemed a misdemeanor, and each and every day or portion thereof during which any violation of a legally issued order is committed shall be deemed a separate and individual offense.