City of Lebanon, PA
Lebanon County
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Table of Contents
Table of Contents
[Ord. 23-1950, 51 § 1, passed 10-23-1950]
The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning:
DUST
Gas and air-borne particles larger than one micron in mean diameter.
DUST-SEPARATING EQUIPMENT
Any device for separating dust from the gas medium in which it is carried.
FUEL-BURNING EQUIPMENT
Any furnace, incinerator, refuse-burning equipment, boiler, apparatus, device, mechanism, stack or structure used in the process of burning fuel or combustible material, except cooking stoves or ranges, service water heaters, and room or space heaters that use gas, kerosene or gasoline as fuel.
FUMES
Gases or vapors that are of such character as to create an uncleanly, destructive, offensive or unhealthful condition.
INTERNAL COMBUSTION ENGINE
An engine in which combustion of a gaseous, liquid or pulverized solid fuel takes place within one or more cylinders.
OPEN FIRE
Any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack or chimney.
PERSON
Any individual, partnership, association, syndicate, company, firm, trust, corporation, department, bureau, agency, or any other entity recognized by law as the subject of rights and duties, government corporation, department, bureau, agency, or any other entity recognized by law as the subject of rights and duties.
RINGELMANN SMOKE CHART
The Ringelmann Chart with instruction for use as published by the U.S. Bureau of Mines.
SMOKE
Small gas and air-borne particles consisting essentially of carbonaceous material in sufficient number to be observable.
SOOT
Agglomerated particles consisting essentially of carbonaceous material.
STACK OR CHIMNEY
A flue, conduit or opening arranged for emitting gases into the open air.
TECHNICAL ENGINEER
A person qualified by law to practice professional engineering, or one having qualifications for full membership in the American Society of Mechanical or Civil Engineers.
[Ord. 23-1950, 51 § 4, passed 10-23-1950]
Council shall establish a Board of Air Pollution Appeals consisting of five members. Two of such members shall be technical engineers. The members so appointed shall serve for a term of five years, except that upon the first establishment, Council shall appoint one member for one year, one for two years, one for three years, one for four years and one for five years. Thereafter vacancies shall be filled for the full term. Such members shall receive as an annual salary $25, payable annually.
[Ord. 23-1950, 51 § 5, passed 10-23-1950]
Council may employ such other employees as are necessary to act as advisors to the Air Pollution Inspector and to the Board of Air Pollution Appeals.
[Ord. 23-1950, 51 § 6, passed 10-23-1950]
The duties of the Board of Air Pollution Appeals shall include the following:
(a) 
To act as advisors to the Air Pollution Inspector.
(b) 
To consider and approve or veto such rules and regulations as may be presented by the Air Pollution Inspector.
(c) 
To act as provided under Section 1711.13.
[Ord. 23-1950, 51 § 6, passed 10-23-1950]
The duties of the Air Pollution Inspector, who shall be responsible for the enforcement of this article, the rules and regulations issued hereunder, and for other duties pertinent thereto, include:
(a) 
The investigation of complaints and the making of inspections and observations of smoke conditions.
(b) 
The issuance of permits, certificates and notices under this article; the keeping of applications, plans, permits, certificates, violations, complaints and other records on file.
(c) 
The examination of the plans for all new buildings and for the alteration of all existing buildings in order to assure that they are in accordance with the rules and regulations established by this article.
(d) 
The examination of the application and plans for the construction, installation or alteration of any fuel-burning equipment or any equipment pertaining thereto and, if found to meet the requirements of the rules and regulations, the issuance of an installation permit.
(e) 
The inspection of the installation of all equipment for which a permit has been issued and, when found that the work is completed in accordance with the rules and regulations, the issuance of an operating permit.
(f) 
The publication and dissemination of information on methods of smoke reduction.
(g) 
The enlistment of the cooperation of civic, technical, scientific and educational societies.
[Ord. 23-1950, 51 § 7, passed 10-23-1950]
Council is hereby authorized to prepare and promulgate, with the advice and approval of the Board of Air Pollution Appeals and the Air Pollution Inspector, rules and regulations for the installation and operation of fuel-burning equipment and all other devices susceptible for use in such a manner as to violate the provisions of this article, as to the kind of fuel to be used for various types of equipment and as to necessary auxiliary devices that aid in meeting the requirements of this article. Council may from time to time alter, amend or rescind, with the advice and approval of the Appeals Board, such rules and regulations and promulgate such amended or additional rules and regulations as deemed advisable. Such rules and regulations as may be prepared, revised, amended or rescinded shall be made effective 30 days after their publication in one newspaper of general circulation, one time each week for four consecutive weeks.
[Ord. 23-1950, 51 § 8, passed 10-23-1950]
No person shall construct, install or alter any fuel-burning or any equipment pertaining thereto for use within the City, excepting only all fuel-burning equipment installed in one, two and three-family dwellings, until an application, including suitable plans and specifications of the fuel-burning equipment and structures or buildings used in connection therewith, has been filed in duplicate by the person or his agent in the office of, and has been approved by, the Air Pollution Inspector, and an installation permit issued by him for such construction, installation or alteration.
The abovementioned plans and specifications shall show the form and dimensions of the fuel-burning equipment, more particularly the proposed boiler, furnace fuel burner, stack and ducts, together with the description and dimensions of the building or part thereof in which such fuel-burning equipment is to be located, including the means provided for admitting the air for combustion. The character of the fuel to be used, the maximum quantity of such fuel to be burned per hour, the operating requirements and the use to be made of such fuel-burning equipment shall be stated.
However, maintenance or minor alterations which do not change the capacity of such fuel-burning equipment, and which do not involve any change in the method of combustion or adversely affect the emission of smoke, soot, dust or fumes therefrom, may be made without an installation permit. Further, an emergency repair may be made prior to the application for, and the issuance of, a required installation permit in the event an emergency arises and serious consequences would result if the repair were to be deferred. When such repair is made in emergency, application for the installation permit therefor shall be filed in duplicate by the person or his agent in the office of the Air Pollution Inspector on the first business day following the starting of such work.
An application shall be approved or rejected within 10 days after it is filed in the office of the Air Pollution Inspector. Upon the approval of the application and upon the payment of the prescribed fees, the Inspector shall issue a permit for the construction, installation or alteration of such fuel-burning equipment. Without the approval of the Inspector, no construction, installation 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.
Violation of the installation permit shall be sufficient cause for the Inspector to stop all work. He is hereby authorized to seal the installation, and further work shall not proceed until the Inspector is assured that the violation in question will be corrected and that the work will proceed in accordance with the installation permit. No person shall violate the seal on any fuel-burning equipment that has been sealed at the direction of the Inspector, unless authorized by him in writing to do so. Each day of work of such construction, installation or alteration in violation of this section shall constitute a separate offense.
If construction, installation or alteration is not started within one year of the date of the installation permit, the permit shall become void, and all fees paid shall be forfeited.
No person shall use or cause to be used any new or altered fuel-burning equipment or any equipment pertaining thereto for which an installation permit was required or was issued until an operating permit has been issued by the Air Pollution Inspector, who is hereby authorized to seal the equipment in operation upon which an operation permit has not been obtained as required in this article. Each day of operation prior to obtaining an operating permit shall constitute a separate offense. The issuance by the Inspector of any installation permit or operating permit shall not be held to exempt the person to whom the permit has been issued, or who is in possession of the same, from prosecution for the emission of smoke, soot, dust and fumes prohibited by this article.
[Ord. 23-1950, 51 § 10, passed 10-23-1950]
(a) 
Grading smoke emissions. No person shall cause or allow to be emitted into the open air from any fuel-burning equipment, internal combustion engine, premises or open fire, smoke, the shade or appearance of which is equal to or darker than No. 2 of the Ringelmann Chart, except:
(1) 
Smoke, the shade or appearance of which is equal to but not darker than No. 2 of the Ringelmann Chart, for a period or periods aggregating six minutes in any 30 minutes, or 12 minutes in any 60 minutes.
(2) 
Smoke, the shade or appearance of which is equal to but not darker than No. 3 of the Ringelmann Chart, for a period or periods aggregating two minutes in any 15 minutes.
For the purpose of grading the shade or appearance of smoke, the Ringelmann Chart as now published and used by the U.S. Bureau of Mines, which is hereby made a part of this article by reference, shall be the standard.
(b) 
Dust emissions. No person shall cause or allow to be emitted into the open air from any fuel-burning equipment or premises or to pass a convenient measuring point nearest to the stack outlet, dust in the gases to exceed 0.85 pounds per 1,000 pounds of gases, adjusted to 50% excess air for products of combustion, except that for fuel-burning equipment or premises constructed subsequent to the effective date of this article (Ord. 23-1950, 51, passed October 23, 1950), a dust collecting efficiency of not more than 85% shall be required for special dust-separating equipment, and that for fuel-burning equipment or premises constructed prior to the effective date of this article (Ord. 23-1950, 51, passed October 23, 1950), a dust collecting efficiency of not more than 75% shall be required for special dust-separating equipment. The limitations given shall be waived during periods when breakdown of equipment occurs such as to make it evident that the emission was not reasonably preventable. The amount of solids in the gases shall be determined according to the Test Code for Dust-Separating Apparatus of the American Society of Mechanical Engineers, revised and amended to date, which is hereby made a part of this article by reference.
(c) 
Soot and fumes. No person shall cause or allow to be emitted into the open air from any fuel-burning equipment, internal combustion engine, vehicle, premises, open fire or stack, soot or fumes which are a detriment to the property of others or that are a nuisance to any person not being therein or thereupon engaged.
(d) 
Notification of violations; hearing; sealing of equipment. After any person of any premises has been previously notified of three or more violations of this section within any consecutive twelve-month period, in respect to the emission of smoke, soot, dust or fumes, the person of these premises shall be notified to show cause before the Air Pollution Inspector on a day certain, not less than 10 days from the date of notice, why the equipment causing such violations should not be sealed. The notice herein provided for may be given by mail directed to the last known address of the person to be notified, or if the person or his whereabouts is unknown, then by posting a notice on or near the premises at which the violations shall have occurred. Upon this date the person may appear and be heard. Upon such hearing, if the Inspector finds that adequate corrective means and methods have not been employed to correct the cause of such condition, then it shall be his duty to seal the equipment until such time as an installation permit and operating permit, as provided under this article, have been applied for and issued for the equipment. The person may, within 10 days of this decision, appeal the finding to the Appeals Board, and the appeal shall stay the sealing pending the appeal. No person shall violate the seal on any fuel-burning equipment that has been sealed at the direction of the Inspector unless authorized by him in writing to do so. Each day's violation of this provision shall constitute a separate offense.
[Ord. 23-1950, 51 § 10, passed 10-23-1950]
Any new or completely rebuilt sintering plant contracted for, under construction or placed in operation subsequent to the enactment of this article shall incorporate means of controlling the emissions of smoke, dust, fly ash and fumes so that such emissions will come within the limits set forth in this article.
Any sintering plant contracted for, under construction or in operation prior to the enactment of this article (Ord. 23-1950, 51, passed October 23, 1950) shall comply with the above provision within a period of five years from October 23, 1950.[1]
All persons responsible for the operation of sintering plants within the City shall undertake or participate in a program of research to determine practical methods of controlling emissions of smoke, dust or fumes so as to meet the requirements of this article. Such research program may be extended for a period of five years from October 23, 1950.[2]
Reports indicating the status of the program for controlling emissions of smoke, dust and fumes from such plants and also reports on the progress of the research program shall be submitted semi-annually to the Director of Public Safety.
The failure to report, on the part of all parties coming within the terms of this article, who or which shall avail themselves of any of the extending provisions of this article, and who, by any terms, are required to report progress from time to time toward the elimination of the nuisances described, and who shall fail to report substantial progress toward the elimination of the nuisance described in this article, shall constitute sufficient cause for the Board of Appeals to cite the offender for violation of such pertinent sections of this article for which no progress report has been filed. Such offender, having been found guilty of offending pertinent sections of this article, shall be subject to the penalties as provided for in this article.
[1]
Editor's Note: Extended another five years to November 28, 1960, by Ordinance 71-1954, 55.
[2]
Editor's Note: Extended another five years to November 28, 1960, by Ordinance 71-1954, 55.
[Ord. 23-1950, 51 § 10, passed 10-23-1950]
All commercial, industrial and heating plants within the City will be given a period of grace of three months from October 23, 1950, to comply with the provisions of this article covering emission of smoke. All commercial, industrial and heating plants within the City will be given a period of grace of six months from October 23, 1950, to comply with the provisions of this article covering emissions of dust and fumes. Each plant within the City which elects to take advantage of this period of grace shall submit a report each month after October 23, 1950, showing the contemplated changes or improvements in the plant and the expected date of compliance with the provisions of this article. The periods of grace may be extended upon application in writing to the Director of Public Safety. Such application shall set forth the reasons for such extension and the expected date of compliance. All plants submitting such application shall also submit monthly reports.
All parties coming within the terms of this article, who or which shall avail themselves of any of the extending provisions of this article, and who are required to report progress from time to time toward the elimination of the nuisances described, and who shall fail to report substantial progress toward the elimination of the nuisances described in this article, shall constitute sufficient cause for the Board of Appeals to cite the offender for violation of such pertinent sections of this article for which no progress report has been filed. Such offender, having been found guilty of offending pertinent sections of this article, shall be subject to the penalties as provided for in this article.
[Ord. 23-1950, 51 § 11, passed 10-23-1950]
All persons engaged in the business of retailing fuel-burning equipment shall report in writing, to the Air Pollution Inspector, the sale or lease of every such piece of equipment to be installed or used within the City within 10 days after the date of the sale or lease, together with a statement of the address of the building in which the equipment is to be installed and used. Exception: all fuel-burning equipment installed in one, two and three-family dwellings.
Any person violating any of the provisions of this section, or making any false statement or report in connection with the sale or lease of any article mentioned in this section, shall be subjected to fine and penalties as provided in this article.
[Ord. 23-1950, 51 § 12, passed 10-23-1950]
No person shall in any manner hinder, obstruct, delay, resist, prevent or in any way interfere or attempt to interfere with the Air Pollution Inspector in the performance of any duty herein enjoined or, after proper identification, refuse to permit the Inspector to perform his duty by refusing entrance to the premises at reasonable hours.
[Ord. 23-1950, 51 § 13, passed 10-23-1950]
Any person taking exception to any decision, ruling, regulation or order of the Air Pollution Inspector may appeal to the Board of Air Pollution Appeals. Such appeals shall be taken within 10 days after the decision, ruling, regulation or order complained of, by filing with the Inspector a notice of appeal directed to the Board of Air Pollution Appeals, specifying the grounds thereof and the relief sought. A deposit of $25 shall be posted by the appellant at the time of filing of the appeal to cover the cost of the hearing. The Inspector shall forthwith furnish to the Board of Air Pollution Appeals all the papers relating to the decision, ruling, regulation or order which is appealed. The Board of Air Pollution Appeals shall set a date not less than five days and not more than 10 days after the date of filing of appeal for the hearing and shall give notice thereof by mail to all interested parties. Such an appeal shall act as a stay of the decision, ruling, regulation or order in question until the decision of the Board is rendered. The Board shall, within a period of 10 days after the hearing, affirm, modify or set aside the decision, ruling, regulation or order of the Air Pollution Inspector. The decision of the Board shall be binding on the Inspector. The appellant may appear at the hearing in person or may be represented by an agent or by attorney. If the decision of the Inspector is affirmed by the Board, the costs shall be forfeited to the City. If the decision is reversed, the cost of the hearing shall be borne by the City, and the deposit refunded.
[Ord. 23-1950, 51 § 14, passed 10-23-1950]
All persons owning, operating or in charge or control of any equipment who shall cause or permit or participate in any violation of this article, either as proprietors, owners, lessees, tenants, Managers, superintendents, constructors, installers, mechanics, repairmen, captains, janitors, engineers, firemen or otherwise, shall be individually and collectively liable for any penalties imposed by this article.
[Ord. 23-1950, 51 § 16, passed 10-23-1950]
No permit for the erection, construction or alteration of any building, plant or structure related in any manner to fuel-burning equipment shall be issued by any City department until the Air Pollution Inspector has issued an installation permit covering the equipment under his jurisdiction to be used in the building, plant or structure as provided in Section 1711.05, or has indicated that in his judgment the plans submitted will permit the installation of facilities adequate for compliance with the provisions of this article.
[Ord. 23-1950, 51 § 15, passed 10-23-1950]
Prosecutions under this article shall be instituted by the Air Pollution Inspector and shall be prosecuted in the name of the City.
[Ord. 40-1970, 71 § 16, passed 5-24-1971; Ord. 26-1994, 95 § 1, passed 11-28-1994]
Any person violating any of the provisions of this article shall be fined not less than $50 nor more than $1,000.