[HISTORY: Adopted by the Board of Commissioners of the Township of
Lower Merion 5-21-1958 by Ord. No. 1233.
Amendments noted where applicable.]
The Board of Commissioners finds that the emission of smoke, fumes and
noxious odors and gases from chimneys, smokestacks and other sources results
in the pollution of the air and is detrimental and harmful to the health,
safety and welfare of the residents of the township; and it is necessary to
provide for the control and regulation of air pollution and air pollution
nuisances caused by the emission or escape of smoke, fumes and noxious odors
and gases.
As used in this chapter, the following terms shall have the meanings
indicated:
- ALTERATION
- Any work which involves change in either the capacity of fuel-burning equipment, the design of the furnace or the method of combustion, process or equipment capable of producing air pollution or affecting the emission or escape of smoke, fumes or noxious odors and gases.
- IDENTIFICATION
- A card bearing the name, residence and title of the holder and the municipal department of which he is an agent or employee, and an imprint of the seal of the township.
- PERSON
- Any individual, partnership, association or corporation.
- REPAIR
- Any work which requires the equipment to be wholly or partially dismantled and which results in the restoration of the equipment to its original state.
- RINGELMANN CHART
- The chart published and used by the United States Bureau of Mines, which is hereby made a part of this chapter by reference.
No person shall emit or cause or allow the emission or escape into the
open air from any structure, machine, facility, plant or premises of smoke,
fumes or noxious odors and gases, or any combination thereof, of a quantity
or character which constitutes or which, in conjunction with the conduct of
other persons, creates air pollution or an air pollution nuisance or violates
any provisions of this chapter.
No person shall construct, reconstruct, convert, operate, add to or alter any installation, equipment or device, or the appurtenances thereto, which by their operation or maintenance will emit or cause or allow the emission or escape into the open air of smoke, fumes or noxious odors and gases, or any combination thereof, without the permit required by § 49-6 hereof, and without eliminating air pollution and air pollution nuisance.
No person shall emit or cause or allow the emission or escape into the
open air from any fuel-burning equipment, furnace, chimney or smokestack (except
a locomotive smokestack) of smoke the shade or appearance of which is equal
to or darker than No. 2 of the Ringelmann Chart, except:
A.
For a period or periods aggregating two minutes in any
period of 15 minutes; and
B.
That smoke the shade or appearance of which is equal
to but not darker than No. 3 of the Ringelmann Chart may be emitted for a
period of five minutes when a firebox is being cleaned or a new fire is being
built in a cold boiler or furnace.
A.
No person shall construct, reconstruct, convert, add
to, alter or replace any installation, equipment or device, or appurtenances
thereto, that produce, control, cause or may cause air pollution or any air
pollution nuisance, unless he has obtained a permit from the Township Secretary
and paid a fee as set forth in the Township Schedule of Fees, as adopted and
amended from time to time by the Board of Commissioners;[1] provided, however, that:
[Amended 9-21-1977 by Ord. No. 1802]
B.
Any person applying for such permit shall submit to the
Director of Building and Planning plans and specifications of the work to
be done insofar as air pollution or an air pollution nuisance may be concerned
and such other information as the Director requires.
[Amended 1-19-2002 by Ord. No. 3631]
C.
A permit shall be obtained for each complete unit of
boiler or fuel-burning equipment. In the case of a heating boiler, warm-air
furnace or water heater with integral burners, oil burner or stoker, only
one permit shall be obtained for the combined unit.
D.
If any installation is not started within one year of
the date of the issuance of the permit for it, the permit shall be void and
any fee paid shall be forfeited.
E.
Issuance of a permit shall not exempt any person from
prosecution for violation of this chapter if the operation of the installation,
equipment or device for which the permit was issued creates or results in
air pollution or an air pollution nuisance.
F.
In the event that an application for a permit is rejected
by the Director of Building and Planning, the applicant shall have a right
to appeal from his decision to the Board of Commissioners. Such appeal shall
be in writing and shall be filed with the Township Secretary within 10 days
after the decision of the Director of Building and Planning. The Board may
reverse, modify or affirm the decision appealed from, as to it appears just
and proper.
[Amended 1-19-2002 by Ord. No. 3631]
[Amended 1-19-2002 by Ord. No. 3631]
The Director of Building and Planning shall have the following powers
and duties:
A.
To investigate complaints, make observations of smoke
and other air polluting conditions and air pollution nuisances and require
the necessary and proper steps to minimize the effect, hazard or nuisance
therefrom.
B.
To examine applications, plans and specifications for
the construction, reconstruction, conversion, addition or alteration of any
installation, equipment or device that might or could produce air pollution
or an air pollution nuisance, and to inspect installations and equipment for
which a permit has been issued to see that installation is made in accordance
with the permit.
C.
To inspect from time to time any installation, equipment,
devices and appurtenances thereto that may, can or do cause air pollution
or an air pollution nuisance. For this purpose, the Director shall, upon proper
identification, have the right to enter any premises from which smoke, fumes
or noxious odors or gases are being emitted or have been emitted for the purpose
of making an examination of the equipment; and no person shall deny admittance
to the Director or interfere with him in the performance of his duty.
D.
To recommend promptly to the Township Secretary the approval,
modification or disapproval of an application for a permit.
E.
To disseminate information to the public on air pollution
reduction and control, and to enlist the cooperation of civic, trade, technical,
scientific, educational, governmental and other organizations in the control
and reduction of air pollution.
[Amended 8-3-1988 by Ord. No. 3104; 1-19-2002
by Ord. No. 3631]
Any person who shall violate any of the provisions of this chapter or
who shall fail, neglect or refuse to comply with any decision or order of
the Director of Building and Planning shall be liable, on conviction thereof,
to a penalty not exceeding $1,000 for each and every offense; and whenever
such person shall have been notified by the Director of Building and Planning,
by the service of summons in a prosecution or in any other way, that he is
committing such violation of this chapter, each day that he shall continue
such violation after such notification shall constitute a separate offense
punishable by a like fine or penalty. Such fines or penalties shall be collected
as like fines or penalties are now by law collected.
In addition to any penalty imposed by this chapter, the proper officers
of the township may apply to the Court of Common Pleas of Montgomery County
for relief by injunction to enforce compliance with or restrain violation
of any provision of this chapter.
