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.
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.
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.
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.
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.