[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Editor's Note: The enactment of this ordinance repealed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:
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.
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)
Shall mean the unconfined space occupied by the atmosphere
above the geographical area of Norwalk.
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.
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]
Shall mean any material, except uncombined water, which exists
in a finely divided form as a liquid or solid at standard conditions.
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.
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.
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.
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.
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:
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:
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.
(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.
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.
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:
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.
