As used in this chapter, the following terms shall have the
meanings indicated:
ACIDS
Substances having a pH lower than 7.0.
AIR POLLUTION
The presence in the outdoor atmosphere of one or more air
contaminants or combination thereof in such quantities and of such
duration that they are or may tend to be injurious to human, plant
or animal life or property, or which unreasonably interfere with the
comfortable enjoyment of life or property or with the conduct of business.
(This language makes it unnecessary to show that life or property
already have been affected or that their comfortable enjoyment already
has been unreasonably disturbed, so long as the pollution situation
is generally known to produce those results. The definition encompasses
the preventative and abatement aspects.)
ALDEHYDES
All organic compounds with a —CHO group as in:
ALKALIES
Substances having a pH of more than 7.0
AMMONIA, ANHYDROUS
A colorless gas at standard conditions which has the molecular
formula NH3.
ARSINE
A colorless gas at standard conditions which has the molecular
formula AsH3.
ATMOSPHERE
The air that envelopes or surrounds the earth. Where air
pollutants are admitted into a building not designated specifically
as a piece of air pollution control equipment, such emission into
the building shall be considered an emission into the "atmosphere."
BERYLLIUM COMPOUNDS
All inorganic or organic compounds having an atom or atoms
of beryllium in their chemical structure.
BOARD OF HEALTH
A governmental agency which exerts police law locally in
matters of public health.
CARBON MONOXIDE
A colorless, odorless gas at standard conditions which has
a molecular formula CO.
COMMERCIAL FUEL
Solid, liquid or gaseous fuels normally produced, manufactured
or sold for the purpose of creating useful heat.
DUST
Solid particles of any size released into the atmosphere.
EFFLUENT
An invisible or visible emanation; an offensive exhalation
or smell; an action or process of flowing out.
FLY ASH
Airborne particles consisting essentially of ash and/or burned
combustible materials entrained in the gaseous products of combustion.
FUEL
Any form of combustible matter, either solid, liquid, vapor
or gas, excluding combustible refuse.
FUMES
Solid particles commonly formed by the condensation of vapors
from normally solid materials.
GASES
Matter in the aeriform state; that fluid form of matter which
is compressible within limits and which, owing to the relatively free
movement of its molecules, diffuses readily in other like forms of
matter and is capable of indefinite expansion in all directions.
HALOGEN COMPOUNDS
All inorganic or organic compounds having an atom or atoms
of a halogen (bromine, chlorine, fluorine or iodine) in their chemical
structure.
HEALTH OFFICER
The Health Officer of the borough or his authorized representatives,
agents or assistants.
HYDROGEN CYANIDE
A colorless liquid at standard conditions which has a molecular
formula of HCN.
HYDROGEN FLUORIDE
A colorless gas at standard conditions which has a molecular
formula HF.
HYDROGEN SULFIDE
A colorless gas at standard conditions which has a molecular
formula H2S.
INVISIBLE PARTICULATES
Effluents which are invisible to the naked eye; of or relating
to minute separate particles.
LIQUID PARTICLES
Particles which have volume but are not of rigid shape and
which upon collection tend to coalesce and create uniform homogeneous
films upon the surface of the collecting media.
MASKING
Changing of odor which is a by-product of a process or combustion
without removal of agents which constitute air pollution.
MIST
Finely divided liquid particles which are dispersed in the
atmosphere.
NITROGEN OXIDES
All chemical compounds which consist of one or more atoms
of nitrogen in combination with one or more atoms of oxygen.
ODOR
That property of a substance that affects the sense of smell.
OLFACTORY
Of, pertaining to, or connected with the sense of smell.
OPEN FIRE
Any fire from which the products of combustion are emitted
directly into the open air without passing through a stack or chimney.
OZONE
A colorless gas at standard conditions which has the molecular
formula O3.
PARTS PER MILLION (PPM)
The number of cubic centimeters of a chemical or compound
in the vapor phase in 1,000 liters of effluent, both at standard conditions.
PERSON
Any person, firm, association, organization, partnership,
business trust, corporation, company, contractor, supplier, installer,
user or owner, or any state or local governmental agency or public
district or any officer or employee thereof.
PHENOLS
Any organic compound containing an hydroxyl (— OH)
group, attached to an aromatic nucleus such as a benzene or pyridine
ring, whether or not said benzene or pyridine ring is fused to other
rings (polycyclics) and whether or not other functional groups, such
as amino groups, aldehyde groups, nitro groups, etc., are present
in the molecule.
PHOSPHINE
A colorless gas at standard conditions which has a molecular
formula PH3.
PLUME RISE
A calculated distance in feet which represents the vertical
ascent of the air contaminants above the stack or chimney.
POLLUTION NUISANCE
A condition caused by air pollution which as to any person
or persons interferes with health, repose or safety, or causes annoyance
or discomfort, or produces irritation of the upper respiratory tract,
or produces symptoms of nausea, or is offensive or is objectionable,
or both, or is likely to cause injury or damage to plant or animal
life or real or personal property of any kind, or interferes with
the normal conduct of business.
PROCESS OR PROCESS EQUIPMENT
Any action, operation or treatment embracing chemical, industrial
or manufacturing factors, such as heat-treating furnaces, by-product
coke plants, core baking ovens, mixing kettles, cupolas, blast furnaces,
open-hearth furnaces, heating and reheating furnaces, puddling furnaces,
centering plants, Bessemer converters, electric steel furnaces, furs
and nonfurs foundries, kilns, spills, dryers, roasters and equipment
used in connection therewith, and all other methods or forms of manufacturing
of processing that may emit smoke, particulate matter or gaseous matter.
PROPER AUTHORITY
The official governing body of the area or areas in question
and their authorized representatives delegated to enforce the air
pollution controls.
REFUSE
Includes garbage, waste, rubbish and leaves.
RINGELMANN SMOKE CHART
The Ringelmann Scale for grading the density of smoke, as
published by the United States Bureau of Mines, or any recorder, indicator
or device for the measurement of smoke density which is approved by
the State Department of Health or the borough as equivalent to said
Ringelmann Scale.
SMOKE
Small gas-borne particles resulting from incomplete combustion
or industrial process, consisting predominately but not exclusively
of carbon, ash and other combustible material.
SOOT
Carbonaceous material which settles inside the boiler passes
and which must be periodically removed so as not to interfere with
heat transfer.
SOURCE OPERATION
Any process or any identifiable part thereof emitting air
contaminants into the outdoor atmosphere through one or more stacks
or chimneys. For purposes of this definition, identical processes
shall be considered as separate "source operations."
SOURCE POINT
The point of origin from which air pollution effluents originate.
STACK HEIGHT
The vertical distance measured in feet between the point
of discharge from the stack or chimney into the outdoor atmosphere
and the elevation of the land thereunder.
STACK OR CHIMNEY
A flue, conduit or opening permitting particulate or gaseous
emissions into the open air or constructed or arranged for such purpose.
STANDARD CONDITIONS
Seventy degrees Fahrenheit and one atmospheric pressure [14.7
pounds per square inch absolute or 760 millimeters of mercury].
SULFUR COMPOUNDS
All inorganic or organic chemicals having an atom or atoms
of sulfur in their chemical structure, except hydrogen sulfide.
SULFUR DIOXIDE
A colorless gas at standard conditions which has the molecular
formula SO2.
SULFUR TRIOXIDE
A heavy colorless liquid which solidifies at 68° F. and
has the molecular formula of SO3.
SULFURIC ACID
A heavy, corrosive, oily, colorless, dibasic, strong acid
having the molecular formula of H2SO4.
TOXIC
Poisons due to burning, combustion of substances or to chemical
actions and reactions between substances, liquids, gases due to processing
of any type or form.
VAPOR
The gaseous phase of any substance which is not in the gaseous
phase under standard conditions of temperature and pressure; the gaseous
form of a substance normally in the liquid or solid state.
No person shall cause, suffer, allow or permit the discharge
of any material, gas, smoke or other effluent into waters, such as
streams, lakes, rivers or intermittent stream beds, so as to cause
pollution or contamination of such waters in the process of controlling
air pollution and air pollution nuisances.
When smoke or odor, or both, emanates from a point source within
this municipality and is sighted, smelled or odorous within an adjacent
municipality, the counterpart of the Board of Health shall have the
authority, if it so desires, to prepare evidence and instigate any
administrative or legal action to resolve such air pollution nuisance.
If such counterpart Board of Health deems it advisable, it may provide
this municipality with qualified evidence which shall be used by the
Board of Health of this municipality to instigate, take or demonstrate
its jurisdiction and authority under this chapter.
The Health Inspector may determine as a matter of practical
expediency that air pollution or air pollution nuisances exist and
bring these to the attention of the person responsible for the emission.
When a chronic or serious air pollution problem is caused by emission
of effluent smoke, gases or other discharges, especially those which
may be categorized as emissions of invisible or nearly invisible particulates
which may cause public nuisances or complaints, the Health Officer
shall require source testing at the source point. The concentration
of air contaminants may be measured not only by specially designed
instruments but also by their effects on life and property. If the
Health Officer determines that source-testing recording equipment
installations are necessary, he shall have the authority to notify
the responsible person to have such installations made within a specified
period of time and at the expense of such person responsible for such
emissions. If said installations are not made within such specified
time, the person shall be deemed to have violated the provisions of
this section. Such violation shall be considered on the basis of each
day and shall possess a penalty by a fine of $25 per day that such
violation exists. Violations shall be construed as one for each type
of device required to be installed.
[Amended 11-3-1976 by Ord. No. 9-1976]
Any person who shall violate any provision of this chapter shall,
upon conviction, be punished by a fine of not more than $500 or by
imprisonment in the county jail for a period not to exceed 90 days,
or both. Each violation of the provisions of this chapter, whether
pertaining to different types of violations or those which are judged
by measure of time, shall be deemed to be a separate offense. A separate
offense shall be deemed committed within each day or on each day during
which a violation occurs or continues.