[HISTORY: Adopted by the Council of the City
of Meriden 6-1-1970. Amendments noted where applicable.]
GENERAL REFERENCES
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.[1]
[1]
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:
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.
[Amended 9-15-1980]
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:
A.
To develop a comprehensive program for the prevention
and control of air pollution in the City of Meriden.
B.
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.
C.
To issue, modify, revoke or enforce orders requiring
compliance with this chapter or rules or regulations promulgated hereunder
by the City Council.
D.
To enforce compliance with the laws of the State of
Connecticut and rules or regulations promulgated thereunder related
to air pollution.
E.
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.
F.
To encourage and conduct studies and research relating
to air pollution and conservation of the air resource.
G.
To investigate complaints about air pollution and
secure abatement of the cause thereof.
H.
To collect and disseminate information relating to
air pollution and conservation of the air resource.
I.
To encourage voluntary cooperation by people, industries,
other agencies of the City and others in preventing and controlling
air pollution in the City.
J.
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.
K.
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.
L.
To represent the City of Meriden in any and all matters
relating to air pollution.
M.
To appoint, convene and dissolve special advisory
groups to consider and report on any matters relating to air pollution.
N.
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.
O.
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.
P.
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.
[Amended 9-15-1980]
A.
In addition to any other powers vested in it by law,
the City Council shall have the following powers:
(1)
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.
(2)
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.
(3)
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.
B.
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.
[Amended 9-15-1980]
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.
