[Ord. No. 2002.112,[1] (preface), 11-6-2002]
(a) 
General. The City of Biddeford Air Toxics Control Ordinance is a comprehensive regulatory plan to prevent, control, abate and limit the emission of toxic air pollutants into the ambient air. Reaching beyond the State of Maine's current program to promote voluntary reductions in toxic air pollutants, the article prescribes twenty-four-hour and annual ambient air limits which are intended to promote public health by reducing actual and potential human exposure to toxic air pollutants which are known to cause, or may be reasonably anticipated to cause adverse health effects, including increased cancer risk. This article establishes a permit system administered and enforced by the Biddeford Environmental Board to regulate the emission of toxic air pollutants. This article initially regulates toxic air emissions sources which are now regulated by the State of Maine as minor or major sources of air pollution for other pollutants. This article also requires a newly created environmental officer to conduct a comprehensive emissions inventory of other sources of toxic air emissions not now regulated by the state and directs the Environmental Code Officer to recommend regulating additional sources of such emissions after evaluation of the inventory.
This article is authorized under 30-A M.R.S.A. § 3001, 38 M.R.S.A. § 597, and all other applicable laws of the State of Maine.
(b) 
Organization and history. This article is divided into divisions for general application and for specific environmental concerns.
Division 1 encompasses the purposes and policies of this article, statement of authority, and general definitions.
Division 2 establishes the organization and powers of the Environmental Board and the Environmental Code Officer, and sets forth the system for permit administration, investigation, enforcement and penalties.
Division 3 sets forth general content requirements for applications, procedures for hearings on applications, fees and appeal procedures.
Division 4 regulates toxic air pollutant emissions.
Division 5 regulates recordkeeping, reporting and monitoring of permitted toxic air pollution sources.
The City of Biddeford may revise this article in accordance with applicable state and local law to accommodate changes in state and federal law. Persons referring to this article should obtain from the City Clerk any amending ordinances subsequent to this article in order to review a current and complete version of this article.
[1]
Editor's Note: This ordinance also repealed former Art. IV, adopted 11-7-2001 by Ord. No. 2001.102.
[Ord. No. 2002.112, § 1-101, 11-6-2002]
This article shall be known and may be cited as the "City of Biddeford Air Toxics Emissions Control Code."
[Ord. No. 2002.112, § 1-102, 11-6-2002]
(a) 
In enacting this article, the City finds that:
(1) 
Chemical substances and mixtures are used each year by the manufacturing, production, service, educational, research, and health sectors of our economy, including within the City;
(2) 
Among the many chemical substances and mixtures which are being developed, produced and used, there are many whose manufacture, processing, use and disposal may present an unreasonable risk of injury to health or to the environment;
(b) 
It is the intent of the City that the Biddeford Environmental Code Officer and the Biddeford Environmental Board shall carry out the purposes and policies of this article in a reasonable and prudent manner.
(c) 
The purposes and policies of this article are:
The City of Biddeford has enacted this article in order to reduce the risks associated with exposure to toxic air pollutants and thereby promote and protect the public health by inventorying, controlling, abating and limiting the emissions of air toxics into the ambient air. This article is enacted pursuant to the Home Rule powers bestowed upon the City of Biddeford by the Constitution and laws of the State of Maine. This article is intended to provide a comprehensive scheme of air toxics regulation at the local level in furtherance of the policies reflected in federal and state environmental laws and regulations for the protection of the human public health and environment. It is enacted to identify, prevent, reduce and eliminate threats to the public health and environment posed by the discharge of toxic air pollutants. This article seeks to be consistent with federal, state and local environmental laws and regulations, while imposing stricter standards where permitted by applicable law. Therefore, to the extent feasible, procedures under this article will encourage cooperation and sharing of information with other permitting agencies of government and devising forms and filing requirements which correspond to or can be satisfied by those employed by other governmental agencies. Where it aids the timely execution of these duties, the Board may consent to hold hearings jointly with other agencies of government considering similar permits or approvals.
In addition to the foregoing, the purposes and policies of this article are:
(1) 
To help ensure the protection of human health and the environment in the City of Biddeford by reducing the potential for exposure to air toxics in local commercial, industrial and residential areas;
(2) 
To help conserve and protect the City of Biddeford's natural resources;
(3) 
To control and monitor through a permitting system the amount of air toxics which can be discharged or emitted into the City of Biddeford's environment;
(4) 
To foster local control of the environment through the exercise of the City of Biddeford's home rule authority;
a. 
By bestowing certain powers and duties upon the City of Biddeford's Environmental Board and the City of Biddeford's Environmental Code Officer;
b. 
By establishing uniform procedures and guidelines for the protection of public health, welfare and safety and the environment, including during emergency conditions which create or are likely to create a substantial and immediate danger;
c. 
By providing procedures to inventory, abate, reducing and control the air toxics emissions within the City of Biddeford's environment; and
d. 
By providing a system for the imposition of penalties, stop orders and injunctions for violations of this article in order to foster compliance with this article and the terms and conditions of any permits, orders or approvals issued pursuant to this article;
(5) 
To implement federal and state policies that encourage municipalities to regulate the environment;
(6) 
To provide for the careful planning, analysis, and management of air toxics emissions within the City of Biddeford to prevent damage to human health and the environment;
(7) 
To maintain and improve the chemical, physical, and biological integrity of the City of Biddeford's air;
(8) 
To encourage pollution prevention through appropriate voluntary, cooperative and collaborative activities involving representatives of the City and others including individuals and companies residing or doing business in the City of Biddeford; provided, however, nothing said or done by any one or more members of the Environmental Board or the Environmental Code Officer or any other representative of the City of Biddeford in any such collaborative or cooperative program shall be legally sufficient to work any estoppels or otherwise to commit or bind the Board or the City on any issue relating to any provision of this article or any permit or order issued hereunder.
(d) 
This article shall be liberally construed to effectuate its purposes and policies.
[Ord. No. 2002.112, § 1-103, 11-6-2002]
This article is enacted pursuant to the Constitution of the State of Maine, 30-A M.R.S.A. § 3001, 38 M.R.S.A. § 597, and all other applicable laws of the State of Maine and the United States.
[Ord. No. 2002.112, § 1-104, 11-6-2002]
This article applies to all persons conducting activities in the City of Biddeford, which are regulated by this article.
[Ord. No. 2002.112, § 1-105, 11-6-2002]
If any provision or section of this article, or the application thereof to any person or circumstance, is held void or invalid, such invalidity shall not effect other provisions or applications of this article that can be given effect in whole or in part without the invalid provision or application, and to this end each provision of this article is declared to be severable and independent. It is the intent of the City of Biddeford that each and every part, clause, paragraph, section and subsection of this article be given effect to the degree possible.
[Ord. No. 2002.112, § 1-106, 11-6-2002]
(a) 
This article shall be effective on March 1, 2002. It shall apply to all existing and new sources of air toxics pollution, the construction or operation of which begins after the effective date.
(b) 
The Board shall approve and furnish forms as required by this article for each permit or approval. Within six months of the Board's approval of the form of application for any permit or approval required under this article, every person subject to this article shall file with the Board an application for each such permit or approval required.
(c) 
Any existing source, activity or discharge of a regulated pollutant within the City of Biddeford at the time of enactment of this article is deemed an "existing source." Any person owning or operating an existing source shall make application for all permits or approvals governing activities subject to this article within six months after the Board approves the forms for applications under any provision of this article. During this period for application an existing source may continue to operate under permits, licenses and approvals issued pursuant to state and federal law.
Existing sources may not continue to operate without the required permit(s) or approval(s) under this article beyond a point six months after the Board approves the forms for applications under any provision of this article; provided, however, that the owner or operator of an existing source who has made timely application for all necessary permits or approvals under this article and pays the application fees when due in accordance with Section 3-114 shall be allowed to operate under its existing state and federal permits, licenses, and approvals until such time as the Board has denied a particular required permit or approval. An existing source may continue to operate pending a decision of the Board upon a timely filed petition for reconsideration or timely filed judicial appeal of a denial of an application for a permit. Nothing in this provision is intended to supersede the authority of any state or federal agency of government to protect the public health, safety, welfare and environment against public nuisances or imminent threats.
(d) 
Prior to the termination of an existing permit or approval under this article, an applicant subject to this article shall reapply for a renewed permit or approval. If such application is deemed to be complete for processing prior to the expiration of the permit, the applicant shall be entitled to continue operation under the current permit or approval until the Board renders a decision on the application for permit renewal.
[Ord. No. 2002.112, § 1-107, 11-6-2002]
Nothing in this article may be construed to affect any substantive right or obligation gained by any person solely under the provisions of any law repealed or amended by this article. All substantive rights and obligations created under the provisions of any law repealed or amended by this article continue in effect.
All officers, officials or other persons elected, appointed, hired or otherwise selected to act in any capacity under provisions repealed or amended by this article shall continue in that capacity under the provisions of this article.
[Ord. No. 2002.112, § 1-108, 11-6-2002]
Nothing in this article is intended, nor shall be construed, to limit, impair, abridge, create, enlarge or otherwise affect, substantively or procedurally, the right of any person to damages or other relief on account of injury to persons or property due to any violation of this article or to activity subject to this article and to maintain any action or other appropriate procedure therefor; nor to so affect the powers of the City to initiate, prosecute and maintain actions to abate public nuisances.
Nothing in this article is intended, nor shall be construed, to limit, impair or abridge, substantively or procedurally, the powers of the City of Biddeford under state or common law to protect the general health, safety and welfare by initiating, prosecuting and maintaining actions concerning activities not in violation of this article.
[Ord. No. 2002.112, § 1-201, 11-6-2002; Ord. No. 2005.37, 5-17-2005]
Subject to additional definitions contained in the subsequent divisions of this article which are applicable to specific parts or parts thereof, and unless the context otherwise requires, in this article the following terms have the following meanings:
ACGIH or ACGIH 2001 EDITION
The publication entitled "The Threshold Value Limits (TLVs) and Biological Exposure Indices (BIEs)" published in 2001 by the American Conference of Governmental and Industrial Hygienists.
ACTUAL EMISSIONS
The actual rate of emissions of a pollutant from a device or process. In general, actual emissions as of a particular date shall equal the average rate, in pounds, at which the unit actually emitted the pollutant. Actual emissions shall be calculated using the unit's actual operating hours, production rates, applicable control efficiency for pollution control equipment in actual operation, and types of materials processed, stored, or combusted during the selected time period.
AIR CONTAMINANT
Soot, cinders, ashes, any dust, fume, gas, mist (other than water), odor, toxic or radioactive material, particulate matter, or any combination thereof.
AMBIENT AIR
The unconfined atmosphere that envelops the earth.
AMBIENT AIR LIMIT
The standard that establishes the maximum allowable concentration of emissions of a specific regulated toxic air pollutant at or beyond the compliance boundary.
APPLICANT
Any person applying for a permit, certification, approval, or similar form of permission, or a modification, repeal or renewal thereof, from the Biddeford Environmental Board.
AREA SOURCE
A two-dimensional horizontal source from which air emissions are being released at a relatively uniform rate from every part of its surface.
BEGIN ACTUAL CONSTRUCTION
In general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation, this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change.
BIDDEFORD AIR TOXICS EMISSIONS PERMIT
The permit which may be issued by the Biddeford Environmental Board pursuant to this article.
BIOMEDICAL WASTE
A waste that may contain human pathogens of sufficient virulence and in sufficient concentrations that exposure to it by a susceptible host could result in disease. Such wastes shall include, but not be limited to, those wastes defined in 06 096 CMR 900(7)(A).
BOARD
The City of Biddeford Environmental Board.
BTU
British thermal units.
CITY COUNCIL
The City officers elected to the City of Biddeford Council by the residents of the City.
COMPLIANCE BOUNDARY
The boundary of the property on which the stationary source is located or an alternate compliance boundary, located beyond the said boundary of the property established in a permit issued in accordance with this article.
DAY
Calendar day.
DEVICE
Any burner, furnace, machine, equipment, or article which emits a regulated toxic air pollutant into the ambient air.
EMISSION
A release of an air contaminate into the ambient air.
ENVIRONMENTAL CODE OFFICER (ECO)
The City of Biddeford Environmental Code Officer.
EXCESS EMISSIONS
An air emission rate of a regulated air toxic pollutant which exceeds any applicable emission or ambient air limitation.
EXISTING SOURCE
Any source of regulated air toxics emissions within the City of Biddeford which began actual construction, operation or discharge prior to the time of enactment of relevant portions of this article.
FACILITY
Any stationary source which emits or has the potential to emit regulated air toxics.
HAZARDOUS WASTE
A waste substance or material, in any physical state, designated as hazardous under 06 096 CMR 850(3)(A)(3). It does not include waste resulting from normal household or agricultural activities. The fact that a hazardous waste or a part or a constituent may have value or other use or may be sold or exchanged does not exclude it from this definition.
INTERESTED PERSON
Any person having a property right or interest in a facility or who may be aggrieved by the granting, modification, repeal or denial of any permit, approval or order by any proceeding under this article.
ISSUING AUTHORITY
The Board.
MINOR MODIFICATION
A permit amendment for (a) the correction of typographical errors, (b) the identification of an administrative change, (c) a change in monitoring and reporting requirements, (d) the emission of a regulated toxic air pollutant not identified on a permit issued under this article in an amount above the established de minimus levels which will not exceed the ambient air limits for the regulated pollutant established in Table I,[1] (e) any other changes approved by the ECO which meet the criteria of a minor modification.
MODIFICATION
Any physical or operational change in a stationary source or device which increases the amount of a specific regulated toxic air pollutant emitted by such source or device, or which results in the emission of any additional regulated toxic air pollutant in excess of the ambient air limits for the regulated pollutant established in Table I[2] and which is not a minor modification.
MDEP
The Maine Department of Environmental Protection.
NEW SOURCES OF POLLUTION
Any source of a regulated pollutant or contaminant which begins construction, operation or discharge after the effective date of relevant portions of this article.
ORDINANCE
The several divisions comprising this article, as may be amended from time to time.
PERMIT
Any permit, certificate, approval, registration, schedule of compliance or similar form of permission required or authorized by this article.
PERMIT DEVIATION
Any occurrence that results in an excursion from any emission limitation, ambient air limit, operating condition or work practice standard as specified in a permit or compliance schedule issued under this article.
PERMIT HOLDER
A person who has received a permit pursuant to any division of this article.
PERSON
An individual, corporation, partnership, association, federal, state or local governmental entity, or a combination thereof, and the agents of same.
PERSON AGGRIEVED
Any person who because of an act or failure to act by the issuing authority, may suffer an injury, in fact, which is different either in kind or magnitude from that suffered by the general public and which is within the scope of the interests identified in this article. Such person must specify in writing sufficient facts to allow the Board to determine whether or not the person is aggrieved.
POLLUTION CONTROL EQUIPMENT
Any device that treats, removes, restricts, or otherwise controls the release or discharge of regulated toxic air pollutants that is not vital to normal production or operations.
PROCESS
Any operation which combines devices, equipment, raw materials, utilities, and manpower for the production of goods, services, energy, pollution control, or other purposes which emits a regulated toxic air pollutant into the ambient air.
REFERENCE CONCENTRATION LIMIT
An estimate established by the United States Environmental Protection Agency of a daily exposure to the human population, including sensitive subgroups, that is likely to be without an appreciable risk of deleterious non cancer effects during a lifetime.
REFUSE DERIVED FUEL
Municipal solid waste which has been processed prior to combustion to increase the heat input value of the waste.
REGULATED TOXIC AIR POLLUTANT
Any substance or compound emitted into the ambient air by a stationary source or process in an amount exceeding the facility threshold amounts established for the substances and compounds listed in Appendix B to Chapter 115 of the Maine DEP Air Emission Rules (06 096 Code of Maine Rules Chap. 115, as amended) and designated a regulated toxic air pollutant under the applicable provisions of this article. Regulated toxic air pollutants are:
(1) 
Those hazardous air pollutant chemical substances for which a facility threshold limit has been established by the Maine Department of Environmental Protection pursuant to 06 096 CMR 115 (Appendix B), as amended and which appear on Table I attached to this article; and
(2) 
Those substances and compounds which are designated as regulated toxic air pollutants by being added to Table I in accordance with the applicable provisions of this article.
STATIONARY SOURCE
Any building, structure, facility, device, or installation that emits or may emit a regulated toxic air pollutant or air contaminant into the ambient air.
THRESHOLD FACILITY LIMIT
The total facility limit in pounds per year as set forth in Table C of Appendix B attached to Chapter 115 of the Maine DEP Air Emission Rules, as amended (06 096 CMR 115).
ULTIMATE FUEL ANALYSIS
An analysis for hydrogen, carbon, nitrogen, oxygen and chlorine, as approved by the ECO.
UNCONTROLLED EMISSION
Any emission of a regulated toxic air pollutant into the ambient air from a device or process at a stationary source without consideration of treatment or removal by pollution control equipment prior to being emitted, or license conditions specifically limiting an applicable RTAP in an enforceable permit or document.
[1]
Editor's Note: Table I is included at the end of this chapter.
[2]
Editor's Note: Table I is included at the end of this chapter.