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City of Norwalk, CT
Fairfield County
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Table of Contents
Table of Contents
[HISTORY: Adopted City of Norwalk Common Council 12-13-1968.[1] Amendments noted where applicable.]
[1]
Editor's Note: The enactment of this ordinance repealed former Ch. 98, Smoke Regulations.
The provisions of this ordinance shall have the intent of preserving, protecting and improving the air resources of the City of Norwalk so as to promote health, safety, comfort and welfare, prevent injury or detriment to human health, plant and animal life and property, and to foster the comfort and conveniences of the city's inhabitants.
The following definitions shall apply in the interpretation and enforcement of this ordinance:
AIR CONTAMINANT or AIR POLLUTANT
Shall mean any smoke, soot, fly ash, dust, cinders, dirt, fumes, gases, vapors, liquids, noxious or obnoxious acids, oxidesy odors, toxic or radioactive substance, waste, particulate, solid, liquid or odorous matter, or any other materials in the outdoor atmosphere.
AIR POLLUTION
Shall mean "the presence in the outdoor atmosphere of one or more air pollutants or any combinations thereof in such quantities and of such characteristics and duration as to be, or be likely to be, injurious to public welfare, to the health of human, plant or animal life, or to property, or as unreasonably to interfere with the enjoyment of life and property." (Taken from Conn. A. P. Control Law, Public Act No. 754 7-7-1967)
AMBIENT AIR
Shall mean the unconfined space occupied by the atmosphere above the geographical area of Norwalk.
BOARD OF HEALTH
The Board of Health as established under Article VII, §§ 1-290 through 1-296, of the Charter and Related Laws of the City of Norwalk, Connecticut. Said Board shall have the power to promulgate standards for the enforcement of this ordinance.
DIRECTOR OF HEALTH
The Director of Health established under Chapter 59, Housing Code, § 59-2, of the Norwalk City Code, or his authorized representative.
NUISANCE
Nuisance, in addition to the meaning set forth in Chapter 71, Nuisances, of the Norwalk City Code, shall mean the discharge into the open air of any smoke, soot, dust, fumes, odors, noxious gases or other emissions which cause injury, detriment or annoyance or which endanger the comfort, repose, health or safety of any person or of the public, or which cause or are likely to cause injury or damage to business or property.[1]
PARTICULATE MATTER
Shall mean any material, except uncombined water, which exists in a finely divided form as a liquid or solid at standard conditions.
PERSON
Any individual, individuals, partnership, association, firm, syndicate, company, trusts, corporation, department, bureau, agency, political subdivision or any other entity recognized by law as the subject of rights and duties.
RINGELMANN SMOKE CHART
The chart published and described the United States Bureau of Mines Information Circular 7718, for use in measuring the shades, density or opacity of air pollutants arising from stacks and other sources. The Powers Micro-Ringelmann Chart as published by McGraw-Hill Publishing Company or such other charts as from time to time may be substituted therefor.
SMOKE
Shall mean gas- or airborne particles resulting from combustion and consisting of carbon, ash and other materials which are present in sufficient quantities to be observable.
STANDARD CONDITIONS
Shall mean a temperature of 60° F. and a pressure of 14.7 pounds per square inch absolute.
[1]
Editor's Note: See also Ch. 50, Garbage and Rubbish; Ch. 57, Health and Sanitation.
The Director of Health shall:
A. 
Develop a comprehensive program for the prevention and control of air pollution in the City of Norwalk.
B. 
Pursuant to this ordinance and such standards as may be adopted by the Board of Health, require any person to submit to him for approval, plans, specifications and other data related to construction, modification or use of any article, machine, equipment, facility or installation which may cause emission of air pollutants.
C. 
Issue, modify, revoke or enforce orders requiring compliance with rules or regulations promulgated hereunder.
D. 
Enforce compliance with the laws of the State of Connecticut and rules or regulations promulgated thereunder relating to air pollution.
E. 
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 ordinance.
F. 
Encourage and conduct studies and research relating to air pollution and conservation of the air resource.
G. 
Investigate complaints about air pollution and secure abatement of the cause thereof.
H. 
Collect and disseminate information relating to air pollution and conservation of the air resource.
I. 
Be allowed to enter at reasonable times upon any private or public property for the purpose of investigating conditions relating to air pollution, subject to the provisions of any other law applicable to such activity.
J. 
Encourage voluntary cooperation by people, industries, other agencies of the city and others in preventing and controlling air pollution in the city.
K. 
Represent the city in any and all matters relating to air pollution, with such additional officials as the situation warrants.
L. 
Arrange for appointment, convening, employment and dissolution of special advisory groups or consultants to consider and report on any matters relating to Air Pollution, provided that funds have been provided by the Board of Estimate and Taxation for such purposes.
M. 
Employ personnel, purchase equipment, supplies and materials to carry out purposes of this ordinance in conformance with any practices of the city applicable to the Department of Health.
N. 
Carry out all other activities as may be necessary to carry out this ordinance and regulations promulgated by the Board of Health within the power conferred on him by the Code of the City of Norwalk.
O. 
Designate a member or members of his staff to inspect, investigate, prepare reports and perform any other duties required to carry out or to enforce rules and regulations of the Board of Health.
P. 
The Director of Health is specifically empowered to invoke all of his powers under the law if he finds that any person is causing or contributing to air pollution and that such pollution creates an emergency which requires immediate action to protect the public health or safety.
Q. 
Upon receiving an official high air pollution potential advisory from the United States Weather Bureau or the Connecticut State Commissioner of Health, or when in his judgment there is evidence of a substantial increase in pollution in Norwalk or adjacent areas, the Director of Health or his designated representative shall make the facts known to the Common Council and proceed with immediate action to protect the public health and safety as set forth in Section 12 of Public Act No. 754 of the 1967 General Assembly.
A. 
Point of measurement shall be between six feet and 200 feet aboveground in the ambient air at any point within the City of Norwalk.
B. 
SO2 levels at point measurement shall not exceed the following limits: twenty-four-hour average, 0.05 ppm or 131 ug/M3; one-hour average, 0.10 ppm or 262 ug/43. (25° C. SP)
C. 
Soiling index at point of measurement shall not exceed the following limits: twenty-four-hour average, 1.0 Coh/1,000 feet; two-hour average, 3.0 Coh/1,000 feet.
(1) 
Automatic smoke samplers which continuously produce a record of the time, duration and density or opacity of air contaminants shall be recommended equipment for all stacks connected to fuel- or refuse-burning installations rated at or greater than 10,000,000 BTU per hour.
D. 
Total suspended particulates at point of measurement shall not exceed the following limits: twenty-four-hour maximum, 200 ug/M3; weekly average, 80 ug/M3; and within the city the yearly arithmetic average all stations shall not exceed 60 ug/M3.
E. 
Hydrogen sulfide at point of measurement shall not exceed the following limit: any time, 0.1 ppm.
F. 
Carbon monoxide at point of measurement shall not exceed the following limits: twenty-four-hour average, five ppm; eight-hour average, 15 ppm; one-hour maximum, 20 ppm; maximum at any time, 30 ppm.
G. 
Total oxidants at point of measurement shall not exceed the following limits: twenty-four-hour average, 0.05 ppm; one-hour average, 0.10 ppm; maximum at any time, 0.15 ppm.
A. 
There is hereby created an Air Pollution Code Appeals Board which shall consist of the Chairman of the Common Council's Committee on Health, Safety and Welfare, the Fire Marshal of the City of Norwalk, the Commissioner of the Department of Public Works, an attorney appointed from the Norwalk-Wilton Bar Association, a member of the Planning Commission, a doctor of medicine appointed from the Norwalk Medical Society, the Building Inspector, and two members appointed from the Chamber of Commerce of the City of Norwalk, one shall be a graduate engineer and one from industry. All members of the Board shall be residents of the City of Norwalk. Those four members who serve on the Appeals Board other than by virtue of their holding one of the municipal offices or positions referred to herein shall be appointed by the Mayor with the approval of a majority of the Common Council. The term of office of such four members shall be for three years, except that the terms of such four members first appointed under this ordinance shall expire January 1, 1972. The Board shall elect from its own members a Chairman, who shall preside at meetings and hearings. The Recording Secretary shall be a stenographer assigned to the Board by the City Clerk.
B. 
Whenever the Director of Health determines that there are reasonable grounds to believe that there has been a violation of any provision of this ordinance or standards established by the Board, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall:
(1) 
Be in writing;
(2) 
Include a statement of the reason why it is being issued;
(3) 
Allow a reasonable time for the performance of any act it requires;
(4) 
Be served upon the owner or his agent, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent if a copy thereof is served upon him personally or if a copy thereof sent by registered or certified mail to his last known address is received by him; or if a copy thereof is posted in a conspicuous place in or about the premises affected by the notice; or if he is served with such notice by any other method authorized or required under the laws of this state;
(5) 
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this ordinance and with rules and regulations adopted pursuant thereto.
C. 
Any person affected by any notice which had been issued in connection with enforcement of any provision of this ordinance may request and, upon the payment of $25 fee, payable to the Treasurer of the City of Norwalk, shall be granted a hearing on the matter before said Board of said ordinance; provided that such person shall file in the office of the Director of Health a written petition requesting such hearing and setting forth a brief statement of the grounds thereof within 20 days after the date the notice was served. Upon receipt of such petition, the Director of Health shall notify said Board and set a time and place for such hearing and shall give the petitioner five days' written notice thereof.
(1) 
At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice shall be modified, extended or withdrawn or a variance granted.
(2) 
The hearing shall be commenced not later than 30 days after the day on which the petition was filed; provided that upon application of the petitioner the said Board may postpone the date of the hearing for a reasonable time beyond such thirty-day period if in its judgment the petitioner has submitted a good and sufficient reason for such postponement, but in no event shall said hearing be postponed longer than 60 days.
(3) 
Such hearing shall be had before a panel of five or more members of said Board. Said panel, by a majority vote of those present, may sustain, modify or withdraw the notices; it may also grant an extension or variance in accordance with the following, conditions:
(a) 
The time for performance of any act required by the notice may be extended for not more than 12 months, subject to appropriate conditions and where the Board makes specific findings of fact based on evidence relating to the particular case;
(b) 
That there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of any provision of this ordinance; and
(c) 
That such extension is in harmony with the general purpose and intent of this ordinance in securing the public health, environment, safety and general welfare.
(4) 
A variance may be granted in a specific case and from a specific provision of this ordinance, subject to appropriate conditions and where the Board makes specific findings of fact based on evidence relating to the particular case:
(a) 
That there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provision;
(b) 
That the effect of the application of the provisions would be arbitrary in the specific case;
(c) 
That an extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships and this arbitrary effect; and
(d) 
That such variance is in harmony with the general purpose and intent of this ordinance in securing the public health, environment, safety and general welfare.
(5) 
If the notice is sustained, modified or extended, it shall become an order as so sustained, modified or extended. If the notice is withdrawn, the $25 fee shall be returned to the petitioner. Any notice served pursuant to violations of this ordinance shall automatically become an order if a written petition for a hearing is not filed in the office of the Director of Public Health within 20 days after such notice is served.
D. 
After a hearing in the case of any notice suspending any permit required by this ordinance, when such notice has been sustained by the said Board, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Director of Public Health within 20 days after such notice is served.
E. 
The proceedings at such hearings, including the findings and decision of the Code Appeals Board, shall be summarized, reduced to writing by the Secretary, and entered as a matter of public record in the office of the Director of Public Health and open to reasonable public inspection. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Director of Public Health or the Air Pollution Code Appeals Board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of this state.
A. 
Inasmuch as the city maintains and operates a central public incinerator, no method of incineration shall be allowed which does not meet the standards of incinerator operation:
(1) 
Particulate emissions for incinerators under 200 pounds per hour shall not exceed 0.3 grains per standard cubic foot of dry flue gas corrected to 12% carbon dioxide without the contribution of auxiliary fuel.
(2) 
Particulate emissions for incinerators over 200 pounds per hour shall not exceed 0.2 grains per standard cubic foot of dry flue gas corrected to 12% carbon dioxide without the contribution of auxiliary fuel.
B. 
Any installation or operation intended to be used as or operated for the purpose of burning fuel, including solid wastes, that discharges products of combustion directly to the open air without an acceptable means of controlling the emission of air pollutants.
(1) 
This prohibition shall not include the burning of small quantities of fuel in fires used only for recreational purposes or occasional cooking of food for human beings where such use is accomplished in a fireplace or barbecue device, providing no smoke violation or other nuisance is created.
(2) 
This prohibition shall not preclude the use of open flame for prophylactic, beneficial or educational purposes, such as training personnel in fire control and extinguishment of fires or testing of fire-extinguishing equipment.
(3) 
This prohibition shall not preclude the use of flame-making devices such as blowtorches, portable heaters and other similar devices used in construction, repair and maintenance, so long as such use does not create a nuisance.
(4) 
This prohibition shall not preclude the use of fireworks where use is authorized under state law.
C. 
Prohibition of auto body open burning. No person shall cause or permit the open burning of automobiles.
D. 
Prohibition of burning for salvage. No person shall burn or cause to be burned materials for salvage purposes.
E. 
Prohibition of burning leaves and yard rakings. All open-burning of leaves and yard rakings shall be prohibited wherever and whenever any other means of disposal is available or practical. If the Department of Public Works does not provide a service for the disposal of leaves and yard rakings, then open burning of leaves and yard rakings may be permitted only between the hours of 8:00 a.m. and 4:00 p.m. A permit for such burning must be obtained from the Fire Marshal's office. Nevertheless, such a permit shall be valid and subject to use only if the burning can be conducted in such a way and under such meteorological conditions as will not create a nuisance on the date or dates for which the permit has been given.
F. 
Airborne particulate matter. No person shall cause or permit the handling or transporting or storage of any material in a manner which allows or may allow excessive amounts of particulate matter to become airborne. No person shall cause or permit a building or its appurtenances, or a road or a driveway or an open area to be constructed, used, repaired or demolished without applying all reasonable measures as may be required to prevent particulate matter from becoming airborne.
G. 
Odors.
(1) 
No person shall cause, suffer, allow or permit release of one or more air pollutants of such quantities and such characteristics and duration as to create objectionable odors on or near to residential, recreational, retail sales, hotel or educational premises.
(2) 
The requirements of this § 11-6 shall apply to objectionable odors. An "objectionable odor" is defined as one which is believed to be objectionable by 30% or more of a sample of people exposed to it in usual places of occupancy, 75% or more of those exposed if fewer than six people are exposed, or as the existence of a chemical species in such quantity as to exceed the threshold level for that species as defined by the Manufacturing Chemical Association.
A. 
No person shall discharge into the atmosphere from any single source of emission whatsoever any air contaminant:
(1) 
Of a shade or density equal to or darker than that designated as No. 2 on the Ringelmann Chart, or
(2) 
Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in § 11-7A(1) of this regulation.
B. 
Discharge into the atmosphere from any single source of a shade or density greater than Ringelmann No. 2 shall be permitted for a period not to exceed two minutes and aggregating not more than four minutes per hour.
A. 
No person shall discharge into the atmosphere from any single source of emission whatsoever any air contaminant:
(1) 
Of a shade or density equal to or darker than that designated as No. 1 on the Ringelmann Chart, or
(2) 
Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in § 11-8A(1) of this regulation.
B. 
Exceptions. Where the presence of uncombined water is the only reason for failure of an emission to meet the requirements of §§ 11-7 and 11-8 of this ordinance, such sections shall not apply.
A. 
General provisions.
(1) 
This section applies to installations in which fuel is burned for the primary purpose of producing steam, hot water, hot air or other liquids, gases or solids, and, in the course of doing so, the products of combustion do not come into direct contact with process materials. Fuels include those such as coal, coke, breeze, fuel oil and wood, but do not include refuse. When any products or by-products of a manufacturing process are burned for the same purpose or in conjunction with any fuel, the same maximum emission limitations shall apply.
(2) 
For purposes of this section the heat input shall be the aggregate heat content of all fuels whose products of combustion pass through a stack or chimney. The heat input value used shall be the equipment manufacturer's or designer's guaranteed maximum input, whichever is greater. If two or more fuel-burning units are connected to a single stack or chimney, the total heat input of all fuel-burning units connected to the stack or chimney shall be the heat input value used for the purpose of computing the maximum allowable amount of particulate matter which may be emitted. If a single fuel-burning unit is connected to two or more stacks or chimneys, the heat input of the fuel-burning unit shall be used for the purpose of computing the maximum allowable amount of particulate matter which may be emitted.
B. 
Provisions applicable to fuel-burning equipment.
(1) 
No person shall cause or permit the emission of particulate matter, caused by combustion of fuel-burning equipment, from any stack or chimney in excess of the quantity set forth in the following table:
Heat Input Millions of British Thermal Units Per Hour
Maximum Allowable Emission of Particulate Matter in Pounds Per Hour Per Million British Thermal Units of Heat Input
10 or less
0.60
50
0.46
100
0.40
500
0.30
1,000
0.26
2,500
0.23
5,000
0.20
7,500
0.19
10,000
0.18
(2) 
For heat inputs between any two consecutive heat inputs in the table in this ordinance, the maximum allowable particulate matter emission shall be determined by graphical interpolation on logarithmic paper.
(3) 
The amount of particulate matter emitted shall be measured according to the American Society of Mechanical Engineers "Power Test Codes — PTC 27," dated 1957 and entitled "Determining Dust Concentration in a Gas Stream."
(4) 
The heat content of coal shall be determined according to American Society for Testing Materials D-271-64, Standard Methods of Laboratory Sampling and Analysis of Coal and Coke, D-2015-62T, Tentative Method for Test for Gross Calorific Value of Solid Fuel by the Adiabatic Bomb Calorimeter, or equivalent methods.
A. 
The maximum allowable emission of particulate matter from any source whatever, except fuel-burning and refuse-burning equipment, shall be determined from Table 1.
(1) 
This section applies to any operation, process or activity from which particulate matter is emitted, except:
(a) 
The burning of fuel for indirect heating in which the products of combustion do not come into direct contact with process materials;
(b) 
The burning of refuse.
(2) 
For purposes of this § 11-10, particulate matter is any material, except uncombined water, that exists in a finely divided form as a liquid or solid at standard conditions.
(3) 
Process weight per hour is the total weight of all materials introduced into any process that may cause any discharge of particulate matter. Solid fuels charged will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not. For a cyclical or batch operation, the process weight per hour will be derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, excluding any time during which the equipment is idle. For a continuous operation, the process weight per hour will be derived by dividing the process weight for a typical period of time.
(4) 
Emission tests relating to this section shall be made following the standards in the American Society of Mechanical Engineers "Power Test Codes 11-PTC-27," dated 1957 and entitled "Determining Dust Concentration in a Gas Stream."
TABLE 1
ALLOWABLE RATE OF EMISSION BASED ON PROCESS WEIGHT RATE*
Process Weight Rate
Rate of Emission
Lb/Hr
Tons/Hr
Lb/Hr
100
0.05
0.551
200
0.10
0.877
400
0.20
1.40
600
0.30
1.83
*Interpolation of the data in this table for process weight rates up 60,000 lb/hr shall be accomplished by use of the equation E=4.10 P0.67, and interpolation and extrapolation of the data for process weight rates in excess of 60,000 lb/hr shall be accomplished by use of the equation E=55.0 P0.11 — 40, where E = rate of emission in lb/hr and P = process weight rate in tons/hr.
Process Weight Rate
Rate of Emission
Lb/Hr
Tons/Hr
Lb/Hr
800
0.40
2.22
1,000
0.50
2.58
1,500
0.75
3.38
2,000
1.00
4.10
2,500
1.25
4.76
3,000
1.50
5.38
3,500
1.75
5.96
4,000
2.00
6.52
5,000
2.50
7.58
6,000
3.00
8.56
7,000
3.50
9.49
8,000
4.00
10.4
9,000
4.50
11.2
10,000
5.00
12.0
12,000
6.00
13.6
16,000
8.00
16.5
18,000
9.00
17.9
20,000
10.
19.2
30,000
15.
25.2
40,000
20.
30.5
50,000
25.
35.4
60,000
30.
40.0
70,000
35.
41.3
80,000
40.
42.5
90,000
45.
43.6
100,000
50.
44.6
120,000
60.
46.3
140,000
70.
47.8
160,000
80.
49.0
200,000
100.
51.2
1,000,000
500.
69.0
2,000,000
1,000.
77.6
6,000,000
3,000.
92.7
For gases, the following standards shall apply. The Board of Health shall determine the class of any particular gas.
Class
Gases*
A
Nickel carbonyl
B
Phosphine
C
Acrolein, bromine, fluorine
D
Chlorine, HCHO, HCL, SO2
E
Alkyl alcohol, HB, HCN, NO2, H2S
F
Acetic acid, NH3, methyl acrylate
*Examples only. Not all-inclusive.
A. 
Every person, firm, corporation, public utility, municipality, public agency or institution applying for a building permit from the Building Inspector, which building or structure will include any fuel-burning, processing equipment operation, heat transfer device or any chimney or smokestack, or be occupied for industrial purposes, shall obtain from the Health Department a permit to construct and, upon completion, a permit to use.
B. 
Each person who is responsible for emission of air contaminants shall register with the Director of Health on forms provided by him:
(1) 
His name;
(2) 
Address;
(3) 
Name of person responsible;
(4) 
If a business firm or corporation, a description of the business entity and the nature of the business;
(5) 
A description of the specific nature and estimated quantity of the air contaminants emitted or to be emitted; and
(6) 
Any additional information pertaining to the emission of air contaminants which may be requested by the Director of Health.
C. 
The Department of Public Works, any other city agency or any person shall submit plans of proposed construction, installation, alteration or modification likely to affect the quality of ambient air within the city to the Director of Health, who shall review or cause to be reviewed such plan to determine the extent of compliance with the Public Health Code, and:
(1) 
If there be deficiencies in such plan, the Director of Health shall make a written report to the person or agency of the deficiencies which will require corrective treatment.
(2) 
If there are no deficiencies, the Director of Health shall approve or certify or register the plans as approved and give a written notification of the action to the person or agency requesting review.
(3) 
An application shall be acted on within 10 calendar days after it is filed in the office of the Director of Health.
(4) 
In the event the plans, specifications and information submitted to the Director of Health pursuant to § 11-11 herein reveal a proposal to construct, install, reconstruct or alter any process, fuel-burning, refuse-burning or control equipment of such complex design and/or involving technological ingenuity or advances of considerable magnitude, the Director of Health may, at his option, and in lieu of issuing an installation permit, require the applicant to file with the Director of Health statements from the manufacturer and installation contractor certifying that the proposed equipment or installation will comply with all of the applicable provisions and limitations set forth in this ordinance. Upon the filing of such certificate of compliance, the applicant may proceed with the proposed installation, subject, however, to all of the provisions of § 11-11 hereinafter set forth.
(5) 
No construction, installation, reconstruction, or alteration shall be made which is not in accordance with the plans, specifications and other pertinent information upon which the installation permit was issued, without the written approval of the Director of Health.
(6) 
Violation of the installation permit shall be sufficient cause for the Director of Health to stop all work in connection with said permit, and he is hereby authorized to seal the installation. No further work shall be done until the Director of Health is assured that the condition in question will be corrected and that the work will proceed in accordance with the installation permit.
(7) 
If construction, installation, reconstruction or alteration is not commenced within six months of the date of the installation permit, the permit shall become void and all fees shall be forfeited, unless an extension of time is warranted and granted by the Director of Health.
(8) 
If applicant deems the process or equipment to be secret, he may file, with the approval of the Director of Health, his affidavit to the effect that such equipment or process will be so used as to comply with all other provisions of this ordinance. Any permits or approvals granted to the applicant shall be made in relevance of the truth of the representations set forth in such affidavit.
D. 
Construction, installation, alteration or modification of the following shall not require plan review or registration:
(1) 
Any installation of heating equipment in a single- or two-family residence or other building using gas, No. 1 or No. 2 oil as fuel in a furnace used for building heating purposes and rated at less than 2,000,000 B.T.U. per hour capacity.
A. 
All persons engaged in operations which may result in air pollution and who, under this ordinance or other provisions of the Public Health Code, are required to register the operation or obtain a permit, shall file reports on forms furnished by the Department of Health at such time as the Director of Health shall determine, containing information relating to location, size of outlet, height of outlet, rate and period of emission, composition of effluent, characteristics of air-cleaning devices and such other similar information as the Director of Health shall require for review.
B. 
Fees for permits shall be paid by owners, operators or authorized agents at the office of the Department of Health. Any person subject to the requirements of § 11-11 shall apply for a permit within 120 days of the effective date of this ordinance.
C. 
The permit fee shall be:
(1) 
Combustion equipment:
(a) 
Fuel-burning equipment, $15.
(b) 
Refuse-burning equipment:
[1] 
Less than 15 square foot area, $10.
[2] 
Fifteen or more square foot grate area, $15.
(2) 
Process equipment or control devices, $25.
The provisions of this section shall apply only to sources in existence prior to the adoption of this ordinance. Where emission sources in existence prior to the adoption of this ordinance do not meet the emission limitations noted in § 11-6, then a program to meet the emission limitations stipulated shall be developed and offered to the Director of Health by the owner of the equipment causing the emission; provided, however, that written agreements entered into between any person and properly authorized appropriate city officials prior to the adoption of this ordinance for the elimination or abatement of air pollution shall be recognized as valid and enforceable obligations under the terms of this ordinance, and compliance with such agreements shall constitute compliance with this ordinance for all purposes. This program shall be submitted upon the request of and within such times as shall be fixed by the Director of Health, and after said program has been approved by the Director of Health, the owner of the equipment causing the emission shall not be in violation of this ordinance so long as said program is observed. In evaluating such a program of improvements, the Director of Health shall take into consideration the following factors:
A. 
Action taken to control atmospheric pollution within emission limitations in effect prior to this ordinance.
B. 
Efficiency of any existing control equipment relative to that which would be required to meet emission limitations of this ordinance.
C. 
Temporary interim control measures intended to minimize existing pollution levels.
D. 
The effect the source of emission has on ambient air quality generally or in the immediate vicinity of the source.
E. 
The degree of control in relation to other similar facilities which produce air pollution.
F. 
The age and prospective life of the facility in question. Reports consisting of information required by the Director of Health indicating the progress of these programs shall be submitted annually to the Director of Health by the owner of the equipment causing the emission in question. If the Director of Health determines that the program submitted by the owner has not been followed, the Director may suspend the program and issue a violation notice. In the event the owner of the equipment causing the emission and the Director of Health cannot evolve a mutually acceptable program of improvement, the matter shall be referred to the Board of Health for resolution and determination of an acceptable program. In making their determination, the Board of Health shall also take into consideration the factors noted in Subdivisions A through F above.
G. 
Where the presence of uncombined water is the only reason for failure of an emission to meet the requirements of §§ 11-7 and 11-8 of this ordinance, such sections shall not apply.
H. 
Until such time as technically feasible methods are available to control pollutants from certain processes, the following shall not be in violation of this ordinance:
(1) 
Transfer of molten metals.
(2) 
Emission from transfer ladles.
(3) 
Coke ovens when charging ovens.
(4) 
Coke ovens when pushing coke from ovens.
(5) 
Water quenching of coke on discharge from ovens.
I. 
Upon request of the Director of Health, an annual report on progress of research to control emissions from processes listed in § 11-13H shall be submitted to the Director of Health by operators of such processes and, by him, to the Board of Health. As soon as methods of control are practicable in the opinion of the Board of Health, such controls shall be installed. Until such controls are deemed practical and the time recommended by the Board for the accomplishment of said installations has expired, the provisions of this ordinance in § 11-6 shall not apply.
J. 
Experimental procedures on new or existing processes, fuel-burning, refuse-burning or other equipment and/or devices susceptible for use in such a manner as to emit atmospheric pollutants may be conducted upon receipt of the written approval of the Director of Health. The Director of Health may grant such written approval to conduct experimental procedures for any period of time not to exceed one year, and he may, in addition to said time limitation, impose such other conditions and limitations on the conduct of said experimental procedures that he deems reasonable to minimize the effects of the experimental procedure on the ambient air. During the period of time said experimental procedures are conducted with the approval of the Director of Health, the provisions and limitations of § 11-6 shall not apply.
A. 
Any person who violates any provision of this ordinance or any rule or regulation in force pursuant thereto shall be subject to a fine of not to exceed $1,000 or imprisonment for a period of not more than six months, or both. Each day of violation shall constitute a separate offense.
B. 
Action pursuant to Subsection A of this section shall not be a bar to enforcement of this ordinance, rules and regulations in force pursuant thereto and orders made pursuant to this ordinance, by injunction or other appropriate remedy, and the Department of Health shall have the power to institute and maintain in the name of the City of Norwalk any and all such enforcement proceedings.
C. 
Nothing in this ordinance shall be construed to abridge, limit or otherwise impair the right of any person to damages or other relief on account of injuries to persons or property, and to maintain any action or other appropriate proceeding therefor.
If any clause, sentence, paragraph or part of this ordinance, or the application thereof to any person, firm, corporation 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 ordinance and the application of such provision to other persons, firms, corporation or circumstances, but shall be confined in its operation to the clause, paragraph or part thereof directly involved in the controversy in which said judgment shall have been rendered and to the person, firm, corporation or circumstances involved. It is hereby declared to be the legislative intent of this body that this ordinance would have been adopted had such invalid provisions not been included.
In the event that provisions or standards of this ordinance or adopted under this ordinance shall conflict with regulations or standards set by the State of Connecticut Air Pollution Control Commission, the more strict standard shall apply.
This ordinance is adopted pursuant to the terms of Section 19-521 of the Connecticut General Statutes and shall take effect after due compliance with the provisions of Section 19-521 of the General Statutes and of § 1-193 of the Norwalk City Charter.