[HISTORY: Adopted by the Board of Trustees of the Village of Ossining 2-5-1974 as Ch. 13, Art. III, of the 1974 Code. Amendments noted where applicable.]
When used in this chapter, the following terms shall have the indicated meanings, unless, from the context, a different meaning clearly appears:
- CINDERS, DUST, FLY ASH, NOXIOUS ACIDS, FUMES and GASES
- All matter, other than dense smoke, including coke, cinders, dust and soot, formed as a result of the combustion of fuel, which are carried in the gas stream so as to reach the external air and which have not been completely consumed by the combustion process.
- DENSE SMOKE
- That smoke which has a density of No. 2 or greater as established by the standard smoke chart, hereinafter referred to and adopted.
- The Building Inspector of the Village or any of his agents.
- STANDARD SMOKE CHART
- The Ringelmann Chart, as published by the United States Bureau of Mines, to determine the density of smoke.
It shall be unlawful for any person to permit the emission of:
An air contaminant of a density which appears as dark or darker than No. 3 on the standard smoke chart, or of an opacity which obscures vision to a degree equal to or greater than smoke of No. 3 density on the standard smoke chart.
An air contaminant of a density which appears as dark or darker than No. 2 on the standard smoke chart, but less than No. 3 on such chart, or of an opacity which obscures vision to a degree equal to or greater than smoke of No. 2 density on the standard smoke chart; but less than No. 3 on such chart, if such emission continues for longer than two minutes in the aggregate in any sixty-minute period.
An air contaminant of a density which appears as dark or darker than No. 1 on the standard smoke chart, but less than No. 2 on such chart, or of such capacity as to obscure vision to a degree equal to or greater than smoke of No. 1 density on the standard smoke chart, but less than No. 2 on such chart, if such emission continues for longer than four minutes in the aggregate in any sixty-minute period.
An air contaminant or water vapor, including an air contaminant whose emission is not otherwise prohibited by this section if the air contaminant or water vapor 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 or if it reacts or is likely to react with any other air contaminant or natural air or is induced to react by solar energy to produce a solid, liquid or gas or any combination thereof which causes or may cause detriment to the safety, health, welfare or comfort of any person or which causes or may cause damage to property or business.
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.
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 Inspector to prevent particulate matter from becoming airborne.
It shall be the duty of the Inspector to make an annual inspection of each fuel-consuming device in operation within the Village to which this chapter applies and to issue a certificate of inspection to the owner of each such device so inspected providing that it meets the standards established in this chapter. Such certificate shall be authorization for the continued operation of fuel-consuming devices. Failure to possess a proper certificate of inspection shall be considered to be a violation of this chapter.
Any person aggrieved by any ruling of the Inspector in relation to the enforcement of this chapter may request a hearing before the Board of Trustees of the Village and any decision of such board refusing to grant a permit required by this chapter shall be final.
Any person interfering in any manner or impeding the performance of duty of the Inspector under the provisions of this chapter shall be deemed guilty of a misdemeanor and shall be subject to the penalties provided in § 64-14. This section shall likewise apply to the performance of duty of those employees and representatives of the Inspector.
Use of the standard smoke chart will be made by placing it at such a distance from the observer so that the squares appear as even shades of coloring or no white spaces between the lines are visible. Comparison of the smoke under observation with the various shades of the chart will then indicate the density of the smoke. Observation distances shall be not less than 100 feet nor more than 1/4 mile from the smoke observed.
No new or existing fuel-burning plants for producing power and heat or refuse-burning equipment nor any stack or furnace connected with such fuel or refuse-burning equipment shall be installed, erected, reconstructed, repaired, added to or altered, as the case may be, in the Village until plans and specifications of the same have been filed by the owner, contractor, installer or other person in the office of the Building Inspector showing that such device can be managed and operated to conform to the provisions of this chapter, and a permit as been issued by the Inspector for such installation, erection, reconstruction, repair, addition to or alteration.
The Inspector shall, by appropriate rules and regulations, require such information on the plans and specifications of the application for a permit as required by § 64-8 as will enable him to make a determination as to whether such construction, reconstruction, repair, addition or alteration work will conform to the requirements of this chapter or be in violation hereof.
If it appears that the proposed work will not be inconsistent with the purposes of this chapter, the Inspector shall issue the permit required by § 64-8, otherwise it shall be denied.
Compliance with § 64-8 shall not be deemed to be compliance with other Village requirements with respect to the construction or repair of buildings.
Whenever it has been adequately demonstrated to the Inspector that compliance with the terms of this chapter cannot be effectively and immediately made, the Inspector shall have the authority to grant a temporary permit for the continued operation of such noncomplying equipment, but only in the event that the party has taken all necessary steps to secure compliance with this chapter. Such temporary permit shall be issued for a period of no longer than three months. At the expiration of such period, the party holding such permit shall be deemed to be in violation of the provisions of this chapter. The fees established in § 64-13 shall not be applicable to the permits required by this section.
[Amended 8-3-1999 by L.L. No. 2-1999]
The fee to be charged by the Inspector for the permits required by § 64-8 shall be set from time to time by resolution of the Village Board of Trustees.