It shall be unlawful for any person
to cause or permit the handling, loading, unloading, reloading, storing,
transferring, transporting, placing, depositing, throwing, discarding
or scattering of any ashes, fly ash, cinders, slag or dust collected
from any combustion process, any dust, dirt, chaff, wastepaper, trash,
rubbish, waste or refuse matter of any kind, or any other substance
or material whatever which is likely to be scattered by the wind or
is susceptible to being windborne, without taking reasonable precautions
or measures so as to minimize atmospheric pollution.
It shall be unlawful for any person
to operate or maintain or cause to be operated or maintained any building,
structure or premises, open area, right-of-way, storage pile of materials,
yard, vessel, or vehicle, or construction, alteration, building, demolition
or wrecking operation, or any other enterprise which has or involves
any matter, material or substance likely to be scattered by the wind,
or susceptible to being windborne, without taking reasonable precautions
or measures so as to minimize atmospheric pollution.
The Director shall have jurisdiction
and authority over the sources of any matter, material or substance
likely to be scattered by the wind, or susceptible to becoming airborne
or a contributing factor to atmospheric pollution and shall have authority
to abate windborne nuisances and to instigate prosecutions for violations
of this chapter or any other Chapter of the Code of the City relating
to the eradication or control of matter susceptible to being airborne.
For the purpose of minimizing atmospheric pollution he shall, with
the advice and consent of the Appeal Board, prescribe reasonable,
specific operating and maintenance practices for buildings, structures,
premises, open areas, automobiles, and/or truck parking and sales
lots, private roadways, rights-of-way storage piles of materials,
yards, vessels, vehicles, construction, alteration, building, demolition
or wrecking operations, and any other enterprise which has or involves
any matter, material or substance susceptible to being windborne,
and for the handling, transportation, disposition, or other operation
with respect to any such material subject to being windborne, which
practices shall be embodied in the Code of the Recommended Practices
of the City.
The Director is hereby authorized
to issue notices of violation for the purpose of giving notice to
persons allegedly violating any of the provisions of this chapter
or other ordinances relating to atmospheric pollution. Such notice
relay be given by any inspector or other properly trained authorized
agent of said Director by delivering such notice to the alleged violator.
Such notice shall direct the alleged violator to appear and to present
such notice at the designated office of the department in the City
Hall at the date and hour specified thereon for the purpose of conferring
with respect to the alleged violation and the corrective measures,
if any, which should be taken.
No person shall maintain or conduct
or cause to be maintained or conducted any parking lot and/or truck
parking lot or use any real estate for a private roadway unless such
real property is covered or treated with a surface or substance or
otherwise maintained in such manner as to minimize atmospheric pollution.
Any person who shall refuse to comply with or shall assist in the violation of any of the provisions of this article or who in any manner hinders, obstructs, delays, resists, prevents or in any way interferes or attempts to interfere with the Director of Air Pollution Control or Air Pollution Control Inspectors, Police Officers, or Fire Inspectors in the performance of any duty enjoined in this article or who shall refuse to permit the inspection or examination of any building, establishment, premises or enclosures for the purpose of the enforcement of this article shall be fined as provided in §
1-106 of this Code.
Prosecutions for all violations of
this article shall be instituted by the Director of Air Pollution
Control and shall be prosecuted in the name of the City. The issuance
and delivery by the Director of Air Pollution Control of any permit
or certificate for the construction or the alteration of any plant
or chimney connected with a plant shall not be held to exempt any
person to whom any such permit has been issued or delivered or who
is in possession of any such permit from prosecution on account of
emission or issuance of any matters or things forbidden by this article
caused or permitted by any such person.
In any proceeding under this article,
it shall be a good defense if the person charged with the unlawful
emission of smoke, fly ash, soot, cinders, noxious acids, poisonous,
deleterious materials, dust, grit, vapors, fumes or gases shall show
to the satisfaction of the Court or Jury trying the same that there
is no known practicable device, appliance, means or method by application
of which to his building, establishment, premises, motor vehicle,
or equipment the emission or discharge of the dense smoke, fly ash,
soot, cinders, noxious acids, poisonous, deleterious materials, dust,
grit, vapors, fumes or gases complained of in such proceedings could
have been prevented in the general performance of their duties, or
for the purpose of obtaining the facts with respect to any defense,
the Director of Air Pollution Control and the Air Pollution Control
Inspector are hereby authorized to enter at all reasonable hours upon
and into all buildings, establishments, premises and enclosures in
or from which they have reason to believe that the provisions of this
article are being violated, and to inspect or examine such buildings,
establishments, premises or enclosures and the Director of Air Pollution
Control and the Air Pollution Control Inspector shall collect and
preserve evidence of all facts as to any violations of this article.
Upon written complaint to the Director of Air Pollution Control by
the owner or operator of any fuel burning plant or any ventilating
exhaust equipment or system or dust, grit or fume producing process
or motor vehicle described in this article against any decision, ruling
or order of the Director setting forth that it is impossible in the
operation of such apparatus, either by alterations, repairs or addition
thereto, to operate the same in complete compliance with the requirements
of this article and upon filing and depositing the sum of $5 with
the Director, the Director shall thereupon and in any event not later
than 10 days from the receipt of such written complaint cause the
same to be filed and the deposit of $5 to be made with the Appeal
Board, which shall thereafter set a time and hearing for such complaint
and give notice thereof by mail to the parties interested, and after
such hearing the Appeal Board may vary or modify the application of
any of the regulations or provisions of this article relating to such
fuel burning plant or any ventilating exhaust equipment or system,
or dust, grit or fume producing process or motor vehicle so that the
spirit of this article shall be observed, the public health, welfare,
and safety secured, and substantial justice done. In exercising the
above-mentioned powers, the Appeal Board may in conformity with the
provisions of this article reverse or affirm, wholly or in part, or
may modify the order, requirements, decisions or determination appealed
from and may make such order, requirements, decision or determination
as ought to be made and to that end shall have all the powers of the
Director of Air Pollution Control.
OPEN BURNING
The combustion of any matter in the open or in an open dump.
PERSON
Any individual, partnership, firm, company, corporation,
joint stock company, trust, estate, political subdivision, state agency,
or any other legal entity, or their legal representative, agent or
assign.