[Adopted 4-12-1965]
When used in these regulations or in communications, notices
or orders relative thereto, the following words and phrases shall
have the meanings ascribed to them below:
A system of solid or liquid particles dispersed in gas.
Includes but is not limited to dust, fly ash, gas, fumes,
mist, odor, smoke, vapor, pollen, microorganisms, radioactive materials,
ionizing radiation, any combination thereof, or any decay or reaction
product thereof.
Any source at, from, or by reason of which any air contaminant
is emitted directly or indirectly into the ambient air space.
The unconfined space occupied by the atmosphere above the
geographical area of Beverly.
The presence in the ambient air space of one or more air
contaminants or combinations thereof in such quantities and of such
duration as to:
The Ringelmann's scale for grading the density of smoke, as published by the United States Bureau of Mines, and as referred to in the Bureau of Mines Information Circular No. 6888 or superseding publication or any smoke inspection guide complying with the design and test specifications of and used in accordance with, the provisions of Title 42, Chapter 1, Subchapter F, Part 75, of the Federal Register, or the "Smokescope" manufactured by the Mine Safety Appliances Company, Pittsburgh, PA, USA.
Finely divided solid matter formed, usually, from larger
masses by mechanical attrition or other applied energy.
A discharge or release to the ambient air space of any air
contaminant.
The aerosolized solid component of burned or partially burned
fuels. "Soot" and "cinders" are included within the meaning of the
term "fly ash," and "fuels" means all materials which can undergo
combustion.
A solid or liquid aerosol resulting from chemical reaction
or from the condensation of vapors produced during combustion, distillation,
or sublimation.
That state of matter having neither independent shape nor
independent volume but tending to expand and diffuse infinitely.
Any furnace in which fresh fuel is manually thrown or placed
directly in the hot fuel bed, but does not mean stoves or other equipment
used for the cooking of food, or fireplaces.
Any article, machine, equipment, contrivance, structure or
part of a structure used primarily to dispose of combustible wastes
by burning.
Any electromagnetic or particulate radiation capable of producing
ions, directly or indirectly, in its passage through matter.
A liquid aerosol formed by the condensation of liquid vapor
or formed by the atomization of liquids.
That property of gaseous, liquid, or solid materials that
elicits a physiologic response by the human sense of smell.
Burning under such conditions that the products of combustion
are emitted directly into the ambient air space, and are not conducted
thereto through a stack, chimney, duct or pipe. Open burning includes
underground mid smoldering (underground) fires.
An individual, partnership, association, firm, syndicate,
company, trust, corporation, department, bureau, agency, political
subdivision, or any other entity recognized by law as the subject
of rights and duties.
The fertilizing element of vegetation.
Any material (solid, liquid, or gaseous) which spontaneously
emits ionizing radiation.
Includes all of the types of solid waste material of a municipality.
It is made up of rubbish, garbage, ashes, street sweepings, demolition
wastes, abandoned vehicles and any other useless, unwanted or discarded
solid material. Domestic refuse is rubbish and garbage. The term "rubbish"
refers to paper, cartons, boxes, barrels, wood, excelsior, tree branches,
yard trimmings, furniture, bedding, dunnage, tin cans, crockery, dirt,
glass and minerals originating in households, restaurants, institutions,
stores and markets. "Garbage" is the animal and vegetable waste resulting
from the preparation, cooking, and serving of food.
A visible aerosol, usually carbonaceous, resulting from incomplete
combustion.
The gaseous state of certain substances that can exist in
equilibrium with the solid or liquid state under standard conditions.
No person or persons owning, leasing, or controlling the operation
of any air contamination source or sources shall willfully, negligently,
or through failure to provide necessary equipment or facilities or
to take necessary precautions permit the emission from said air contamination
source or sources of such quantities of air contaminants which will
cause, by themselves or in conjunction with other air contaminants,
a condition of atmospheric pollution.
A.
No person shall cause, suffer, allow or permit open burning, except
as provided in this regulation.
B.
Subsection A shall not apply to open burning for cooking purposes; to the operation of devices using an open flame, such as tar kettles, blow torches, welding torches, portable heaters, and other flame-making devices; nor to the setting and maintenance, by contractors and tradesmen, of miscellaneous small fires necessary in such activities as street paving work installation or repair of sewer, water, telephone, electric, or gas mains and services.
C.
Trees, stumps, brush, logs, leaves, or waste lumber may be burned
in the open by any person, provided, such person has obtained from
the forest warden, pursuant to Section 13, Chapter 48, General Laws,
a properly executed permit therefore, and provided further that such
permit has been approved by the Board of Health.
No person shall dispose of refuse by burning in any incinerator
not approved for such purpose by the Board of Health.
A.
On and after July 1, 1965, the only solid fuels to be used or consumed
in any hand-fired furnace, by any person, except as provided below,
shall be coke, anthracite coal, or bituminous coal having a volatile
matter content of not greater than 23% by weight on a dry basis.
(1)
The use of wood and/or paper during the building of a new fire
shall be permitted.
(2)
Other solid fuels may be used or consumed in hand-fired furnaces,
provided the prior written approval of the Board of Health is obtained
and provided that the use thereof does not result in violation of
any other provision of these regulations.
B.
On and after July 1, 1965, any person selling bituminous coal, as
defined by the U.S. Bureau of Mines, for use or consumption in Beverly
shall certify in writing to the buyer the volatile matter content
of said coal.
C.
The sampling and analysis of fuels shall be in accordance with the
most recent, applicable method or methods published by the American
Society for Testing and Materials.
No person shall cause, suffer, allow, or permit the emission
from any air contamination source of smoke the shade, density, or
appearance of which is:
