[Adopted 9-12-1984 as Ch. 3 of the 1984 Frederick County
Code]
Pursuant to § 10.1-1321 of the Code
of Virginia of 1950, as amended, there is hereby established an air
pollution control program for the purpose of preserving and improving
the air resources of the County of Frederick so as to promote health,
safety and welfare and to prevent injury to human, plant and animal
life or to property.
In the administration and enforcement of this
article, due regard shall be taken for all of the facts and circumstances
bearing upon the reasonableness of the activity involved and the regulations
proposed to control it, including:
A. The character and degree of injury to or interference
with safety, health or the reasonable use of property which is caused
or threatened to be caused.
B. The social and economic value of the activity involved.
C. The suitability or unsuitability of such activity
to the area in which it is located.
D. The practicability, both scientific and economic,
of reducing or eliminating the discharge resulting from such activity.
All provisions of this article are intended
to be a reemphasis or more restrictive local application of rules
adopted by the State Air Pollution Control Board pursuant to the Air
Pollution Control Law of Virginia, Title 10.1, Chapter 13, §§ 10.1-1300
through 10.1-1326, of the Code of Virginia of 1950, as amended. All
prohibitions in the state rules and any amendments thereto against
other air pollutants not covered in this article shall also be applicable
and enforceable under the provisions of this article.
In addition to any other powers vested in it
by the law, the local department or office to be designated shall
act as Air Pollution Control Office (Agency) for the County of Frederick.
In this capacity it shall:
A. Conduct studies and investigations relating to air
pollution and its prevention, abatement and control.
B. Issue such orders as may be necessary to the purpose
of this article and enforce the same by all appropriate administrative
and judicial proceedings.
C. Encourage voluntary cooperation by owners or other
persons to achieve the purposes of this article.
D. Advise, consult and cooperate with other local governmental
units or agencies of the state and federal governments in matters
relating to air pollution.
Notwithstanding the provisions of this article
or any other provision of law, if the Air Pollution Control Officer
or Agency finds that any owner is causing or contributing to air pollution
and that such pollution creates an emergency which requires immediate
action to protect the public health or safety, he shall order such
owner to reduce or discontinue immediately the air pollution and such
order shall be complied with immediately.
Each violation of any section of this article
shall be punishable by a fine of not less than $50 nor more than $500.
Each day of continued violation of this article shall constitute a
distinct and separate offense.
[Adopted 9-12-1984 as Ch. 10, Art. I, of 1984 Frederick
County Code.]
[Amended 8-24-1988; 1-24-1990]
The burning of brush, leaves, grass, debris
or other flammable material on the premises of privately owned land
may be burned on these properties, provided that:
A. During the period from May 16 to the last day of February
each year, such burning is done between the hours of 7:00 a.m. and
12:00 midnight.
B. During the period from March 1 to May 15, inclusive
each year, such burning is done between the hours of 4:00 p.m. and
12:00 midnight.
C. The location of the burning shall not be less than
500 feet from any occupied building unless the occupant thereof has
given prior written permission or within 500 feet of any woodland
or brushland.
D. At no time shall any such fire be unattended.
E. All burning of woods, brush, logs, leaves, grass,
debris or other flammable material permitted under this section shall
not be commenced and shall be immediately terminated upon declaration
of an alert warning or an emergency state when proclaimed by either
the Executive Director of the State Air Pollution Control Board or
its designated representative or by proclamation by the Board of Supervisors
or by emergency action by the County Administrator which would have
to be ratified by the Board of Supervisors at their next meeting following
such action.
[Amended 12-9-1992]
Section 10.1-1142 of the Code of Virginia, 1950,
as amended, is hereby approved and made effective.
[Amended 12-9-1992]
The penalties set forth in § 10.1-1142
of the Code of Virginia, 1950, as amended, shall be effective for
violations as applicable.
The provisions of this article shall be enforceable
by the Frederick County Sheriff's Department and the Frederick County
Fire Marshal.