This chapter shall be known and may be cited
as the "Air Pollution Control Ordinance of the Town of Irondequoit."
It is the intent and purpose of this chapter
to safeguard the air resources of the Town of Irondequoit from pollution
by:
A. Controlling or abating air pollution existing when
this chapter is enacted; and
B. Preventing new air pollution under a program which
is consistent with the above-stated declaration of policy.
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.
ATMOSPHERE
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.
EMISSION
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.
EQUIPMENT
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.
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.
GARBAGE
Waste resulting from the distribution, preparation and serving
of foods.
GAS
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.
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.
RUBBISH
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.
TOXIC
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.
VAPOR
Any material in a gaseous state which is formed from a substance
that is normally either liquid or solid at atmospheric temperature
and pressure.
WASTE
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:
A. Conduct air sampling tests.
B. Conduct studies and make determinations of the sources
of air pollution.
C. Process and investigate complaints regarding air pollution.
D. Conduct an informational program with respect to the
causes and effects of air pollution.
E. 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.
F. Cooperate with all state, local, regional and federal
agencies concerned with the control of air pollution and air contamination.
G. 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.
No person shall cause or permit the emission
of a visible air contaminant from the internal combustion engine of:
A. Portable or stationary equipment for longer than 30
consecutive seconds;
B. A motor vehicle while the vehicle is stationary for
longer than three minutes; or
C. A motor vehicle after the vehicle has moved more than
500 yards from a place where the vehicle was stationary.
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 use of equipment
or control apparatus for a purpose or in a manner for which it is
not designed.
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:
A. Parking, as defined in § 129 of the Vehicle
and Traffic Law, as amended or changed;
B. Standing, as defined in § 145 of the Vehicle
and Traffic Law, as amended or changed; or
C. 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.
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.