[HISTORY: Adopted by the Town Board of the Town of Irondequoit 1-20-1977 as Ch. 59 of the 1977 Code; amended in its entirety 7-17-2007 by L.L. No. 2-2007. Subsequent amendments noted where applicable.]
Environmental quality review — See Ch. 123.
This chapter shall be known and may be cited as the "Air Pollution Control Ordinance of the Town of Irondequoit."
It is hereby declared to be the policy of the Town of Irondequoit to maintain a reasonable degree of purity of its air resources, consistent with the public health, welfare and comfort of the residents of this Town, the business and industrial development of the Town and the protection of property and other resources and to that end to require the use of all available practical and reasonable methods for preventing and controlling air pollution in the Town.
The necessity for legislative intervention by the enactment of the provisions of this chapter is hereby declared as a matter of legislative determination, and this chapter shall be liberally construed to effect its purposes.
Nothing herein contained shall be construed to abridge the emergency powers of the Town or any of its departments, boards or agencies.
It is the intent and purpose of this chapter to safeguard the air resources of the Town of Irondequoit from pollution by:
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
- AIR CONTAMINANT
- Any particulate matter or any gas or any combination thereof, other than water vapor or natural air.
- AIR POLLUTION
- The presence in the atmosphere of one or more air contaminants in quantities, of characteristics and of a duration which are injurious or tend to be injurious to human, plant or animal life or to business or property or which interfere with the comfortable enjoyment of life, property, health, repose, safety or welfare of persons.
- Open air existing in all space outside of buildings, stacks or exterior ducts.
- CONTROL APPARATUS
- Any device which has the function of controlling a process, fuel-burning equipment or refuse-burning equipment or incinerator and thus reducing the creation of or the emission of air contaminants to the atmosphere, or both.
- DEPARTMENT OF COMMUNITY DEVELOPMENT
- The department formulated by, but not limited to, the Office of the Fire Marshal, the Office of the Building Inspector, and the Division of Planning and Zoning, headed by the Director.
- The discharge of an air contaminant into the atmosphere of the Town.
- ENFORCEMENT OFFICER
- The officer or employee designated by appropriate authority to be in charge of and responsible for the enforcement of the provisions of a local law, ordinance or parts thereof for which he or she is so designated.
- Any device capable of causing the emission of an air contaminant into the atmosphere, and any stack, conduit, flue, duct, vent or device connected or attached thereto or serving the equipment.
- FLUE-FED INCINERATOR
- An incinerator served by a vertical charging flue.
- FUEL-BURNING EQUIPMENT
- Any furnace, boiler, water heater, device, mechanism, stack, structure, oven, stove, kiln, still or other apparatus, other than a motor vehicle, used to bum fuel or other combustible material.
- Waste resulting from the distribution, preparation and serving of foods.
- A formless fluid which occupies space and which can be changed to a liquid or solid only by increased pressure with decreased or controlled temperature or by decreased temperature with increased or controlled pressure.
- MOTOR VEHICLE
- Equipment propelled by an internal combustion engine in or upon which a person or material may be transported on the ground.
- MULTIPLE-CHAMBER DESIGN
- Any incinerator consisting of two or more chambers to separate the charging chute from the flue for carrying the products of combustion to the atmosphere by employing adequate design parameters necessary for maximum combustion of the material to be burned.
- OPEN FIRE
- Any fire or smoldering from which the products of combustion are emitted directly into the atmosphere and are not directed thereto through a stack, chimney, flue or other device.
- PARTICULATE MATTER
- Any liquid (other than water) or any solid which is so finely divided as to be capable of becoming windblown or of being suspended in air or other gas or vapor.
- PORTABLE EQUIPMENT
- Any equipment, as defined herein, capable of being moved from place to place for temporary operation.
- REFUSE-BURNING EQUIPMENT OR INCINERATOR
- Equipment designed to burn garbage, rubbish and other wastes.
- RESIDUAL FUEL OIL
- The current definition of fuel oil grades Nos. 5 and 6 as classified by the American Society for Testing and Materials, and any fuel oil which contains a combination of either grade No. 5 or grade No. 6 with any other lighter grade of oil.
- Solid waste material, including but not limited to rags, ashes, trees, yard trimmings, furniture, tin cans, glass, crockery, demolition materials, tires and automotive parts.
- STANDARD SMOKE CHART
- The Ringelmann Chart for grading the appearance, density or shade of smoke as published and described by the United States Bureau of Mines Information Circular 7718. Any other method for grading smoke which is approved by the Building Inspector as the equivalent of the Ringelmann Chart may be substituted therefor.
- TEPEE INCINERATOR
- A truncated conical structure, with or without fire grates, used or intended to be used as refuse-burning equipment.
- The quality of a medium characterized by contamination by pollutants, or a combination of pollutants, including disease-causing agents which, after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly through food chains, will cause death, disease, behavioral abnormalities, malfunctions in reproduction or physical deformations in such organisms or their offspring.
- Any material in a gaseous state which is formed from a substance that is normally either liquid or solid at atmospheric temperature and pressure.
- A flammable solid or liquid material resulting from construction or any business, trade or industry operations, including but not limited to the following materials: plastics, wood, cartons, paper and paper products, chemicals, paints, greases, oils and other petroleum products.
The Department of Community Development and such other officials and employees as designated by the Town Board shall enforce this chapter and in the performance of his or her powers and duties shall:
Conduct air sampling tests.
Conduct studies and make determinations of the sources of air pollution.
Process and investigate complaints regarding air pollution.
Conduct an informational program with respect to the causes and effects of air pollution.
Undertake an educational program for public and private operators of combustion chambers, refuse-burning equipment or incinerators and fuel-burning equipment for the purpose of abating and eliminating the pollution of the air.
Cooperate with all state, local, regional and federal agencies concerned with the control of air pollution and air contamination.
Take such other actions as may be deemed desirable and necessary in preserving a healthful atmosphere in the Town.
Except for open fires used for preparing food for human beings, campfires or fires for other recreational purposes, provided that such fires do not create a nuisance, no person shall burn or cause or permit to be burned in the open any matter, including but not limited to trash, rubbish, leaves, garbage, grass, refuse, trees, automobiles, rubber, railroad ties, materials resulting from the demolition, wrecking or construction of buildings, materials for salvage purposes or other wastes so as to cause the emission of an air contaminant into the atmosphere of the Town.
No equipment or process shall be operated except in accordance with the provisions of this chapter and all applicable laws, rules and regulations.
If there is reasonable cause to believe that any equipment or fuel is in violation of this chapter or of any applicable laws, rules and regulations, the Enforcement Officer may order the owner or lessee of the equipment or fuel or his or her agent to conduct and complete within a specified period of time such tests as he or she deems necessary or desirable to determine whether the equipment or fuel is in violation thereof and to submit the test results to the Enforcement Officer within 10 days after the tests have been completed.
Such tests shall be conducted in a manner approved by the Enforcement Officer, or his or her designee. If any part of the test is conducted at a place other than the site where the equipment or fuel is located, that part of the test shall be certified by a responsible laboratory. The entire test results shall be reviewed and certified by a professional engineer licensed under § 7202 of the Education Law, as amended or changed.
The owner or lessee or his or her agent shall notify the Enforcement Officer of the time and place of a test at least five days before the commencement of a test. Reasonable facilities shall be made available for representatives of the Enforcement Officer to witness the test.
The Enforcement Officer may order the installation of any control apparatus to serve any equipment which causes or is maintained or operated so as to cause a violation of this chapter and any applicable laws, rules and regulations.
The Enforcement Officer may order the cleaning, repair, replacement or alteration of any equipment or control apparatus which causes or is maintained or operated so as to cause a violation of this chapter and of any of the applicable laws, rules and regulations.
The Enforcement Officer or his or her duly authorized representative may seal any equipment which:
Emits an air contaminant of a kind or in an amount which is toxic;
Causes or is maintained or operated so as to cause within three consecutive months two or more violations of this chapter and of any applicable laws, rules and regulations; or
No person shall tamper with or remove the seal of any equipment.
The seal may be removed from equipment only upon receipt of written notice from the Enforcement Officer or his or her duly authorized representative stating that the equipment has been corrected and that it may be used or operated.
The Enforcement Officer or his or her duly authorized representative may inspect at any reasonable time:
Any equipment, control apparatus, fuel, matter or thing which affects or may affect the emission of air contaminant, including but not limited to the premises where the equipment, control apparatus or fuel is used or where the fuel is purchased, sold or offered for sale in the Town.
Any record relating to the use of equipment or control apparatus which affects or may affect the emission of air contaminant or relating to the use of fuel or the distribution, storage or transportation of fuel for use in the Town.
No person shall cause or permit particulate matter to be handled, transported or stored in a manner which allows or may allow such matter to become airborne unless used with reasonable precaution for the purpose for which it is intended.
No person shall cause or permit a building or its appurtenances or a road to be constructed, altered, repaired or demolished without taking such precautions as may be required by the Enforcement Officer to prevent particulate matter from becoming airborne.
No person, being the owner or having control thereof, shall cause or permit open areas located within the boundaries of any real property in the Town to be maintained without taking reasonable precaution to prevent particulate matter from becoming airborne.
No person shall cause or permit the emission of a visible air contaminant from the internal combustion engine of:
No person shall cause or permit the emission of an air contaminant if such emission continues for longer than three minutes in the aggregate in any sixty-minute period having:
The density or opacity of an air contaminant shall be measured at the point of its emission except:
When the point of emission cannot be readily observed, it may be measured at an observable point on the plume nearest the point of emission; or
In the case of an air contaminant emitted from a source outside of the Town, it shall be measured after the plume crosses the jurisdictional boundary of the Town.
No person shall cause or permit the emission of an air contaminant which causes or may cause detriment to the health, safety, welfare or comfort of any person or causes or may cause damage to property or business.
No person shall cause or permit the installation or use of any device or use of any means which, without resulting in a reduction in the total amount of air contaminant emitted, conceals an emission of air contaminant which would otherwise violate any applicable law, rule or regulation.
No person shall cause or permit the installation or use of any device or use of any means designed to mask the emission of an air contaminant which causes or may cause detriment to the health, safety or welfare of any person.
No person shall cause or permit the use of equipment or control apparatus for a purpose or in a manner for which it is not designed.
Except as provided in Subsection B hereof, no person shall cause or permit the use of equipment which is fitted with control apparatus (other than experimental control apparatus) unless the control apparatus is used.
If equipment is fitted with control apparatus and is designed to use more than one kind of fuel, the equipment shall not be used unless the control apparatus is appropriate for the particular fuel used.
No person, other than a municipal corporation, shall cause or permit the operation of refuse-burning equipment or incinerators at any time other than between 7:00 a.m. and 5:00 p.m. of the same day, except with the approval of the Enforcement Officer.
No person shall cause or permit the engine of a motor vehicle, other than a legally authorized emergency vehicle, to idle for longer than three consecutive minutes while:
Parking, as defined in § 129 of the Vehicle and Traffic Law, as amended or changed;
Standing, as defined in § 145 of the Vehicle and Traffic Law, as amended or changed; or
Stopping, as defined in § 147 of the Vehicle and Traffic Law, as amended or changed, unless the engine is being used to operate a loading, unloading or processing device.
Equipment and control apparatus shall be maintained in good operating condition by regular inspection and cleaning and by promptly making repairs.
No person shall cause or permit the use of a kind or grade of fuel in fuel-burning equipment which is not designed to burn that kind or grade of fuel.
No person shall cause or permit the burning of garbage, rubbish or other wastes in fuel-burning equipment unless the equipment is designed to burn such material.
Service of any notice, order or decision, other than upon the Department of Community Development, shall be made as follows:
The Town Board may grant a variance from the provisions of this chapter or any order or decision rendered by the Enforcement Officer pursuant thereto and suspend the enforcement thereof as to any person who shall show in the case of such person and of the activity which such person then operates that a compliance by such person would constitute an undue hardship on such person or present practical difficulties for such person and would be out of proportion to the benefits to be obtained thereby; provided, however, that such variance shall not be granted where the person applying therefor is causing air pollution which constitutes a health hazard, and provided, further, that any variance so granted shall not be so construed as to relieve such person from any liability imposed by any other law or ordinance for the commission or maintenance of a nuisance.
Any variance granted hereunder shall be granted for such period of time, not exceeding one year, as shall be specified by the Town Board at the time of granting it, but any variance may be continued from year to year. Any variance which shall be granted by the Town Board may be granted on the condition that the person who shall receive it shall make reports to the Town Board periodically, as the Town Board shall specify, as to the progress which such person shall have made toward complying with the provisions of this chapter or with any order or decision rendered by the Enforcement Officer pursuant thereto.
Any information relating to secret processes or methods of manufacture or production obtained in the course of any inspection or investigation or submitted to the Enforcement Officer shall be kept confidential, except for the use and purposes of the Enforcement Officer in the enforcement of this chapter.
Any person who shall violate or fails to perform any duty imposed by the provisions of this chapter or any order made or decision rendered by the Department of Community Development pursuant to this chapter shall be guilty of a Class B violation as provided in § 1-16.
The provisions of Subdivision A hereof shall not be construed to exempt such person from any other action, prosecution or penalty provided by this chapter or any other applicable law or ordinance.