[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:
Gas and air-borne particles larger than one micron in mean
diameter.
Any device for separating dust from the gas medium in which
it is carried.
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.
Gases or vapors that are of such character as to create an
uncleanly, destructive, offensive or unhealthful condition.
An engine in which combustion of a gaseous, liquid or pulverized
solid fuel takes place within one or more cylinders.
Any fire wherein the products of combustion are emitted into
the open air and are not directed thereto through a stack or chimney.
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.
The Ringelmann Chart with instruction for use as published
by the U.S. Bureau of Mines.
Small gas and air-borne particles consisting essentially
of carbonaceous material in sufficient number to be observable.
Agglomerated particles consisting essentially of carbonaceous
material.
A flue, conduit or opening arranged for emitting gases into
the open air.
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:
[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.
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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.
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(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.
[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.
