[Adopted as Art. I of Ch. 55 of the 1970 Code]
It is hereby declared that unnecessary emissions
of and the pollution of the atmosphere by smoke, soot, fly ash, dust,
gases, fumes, vapors, odors and other pollutions are a menace to the
health, welfare and comfort of the inhabitants of the Incorporated
Village of Port Jefferson. For the purpose of controlling and reducing
such unnecessary emissions and atmospheric pollutions, it is hereby
declared to be a policy of the Incorporated Village of Port Jefferson
to establish and maintain active and continuing supervision of combustion
and installations and all uses, storage, processes or operations contributing
to atmospheric pollution and to the emission of harmful or objectionable
substances into the atmosphere. The necessity for intervention by
the Board of Trustees by the enactment of this article is hereby declared
as a matter of legislative determination, and this article shall be
construed liberally to effectuate the purposes described in this section.
When used in this article, the following terms
shall mean:
The Board of Trustees of the Incorporated Village of Port
Jefferson.
Airborne solid particles.
Solid particles resulting from combustion or incomplete combustion
of coal, wood or other fuels.
Any furnace, incinerator, refuse-burning equipment, boiler,
water heater, device, mechanism, stack, structure, oven, stove, kiln,
still or other apparatus used in the process of burning fuel or similar
combustible material.
Airborne colloidal systems which are formed by chemical reactions
or by such processes as combustion, distillation, sublimination, calcination
or condensation.
A formless fluid which occupies space and which can be changed
to a liquid or solid state only by increased pressure with decreased
or controlled temperature or by decreased temperature with increased
or controlled pressure.
A substance which affects the sense of smell.
All space outside of buildings, stacks or exterior ducts.
A corporation, a joint association or a partnership, as well
as an individual, as the case may be.
Emission from a chimney, stack or open fire or from heating
of fuel or refuse.
A dark substance, essentially carbon, resulting from the
burning or heating of coal, wood, oil or other fuel.
A smokestack, chimney, flue, duct or other conveyor for carrying
into the open air smoke, dusts, gases, fumes, mists, vapors, odors
or any product of combustion, incomplete combustion or heating of
any refuse.
Any material in a gaseous state which is formed from a substance,
usually a liquid, by increase in temperature.
No person shall construct, install or alter
any equipment, including fuel-burning equipment, capable of emitting
into the open air any substance affecting or harmful to the public
health, including but not limited to smoke, soot, fly ash, dust, fumes,
gas, vapors, odors or other pollutions, until a written application,
including plans and specifications, prepared in accordance with the
rules and regulations of the of Trustees of the Incorporated Village
of Port Jefferson, has been filed with the Board of Trustees and an
installation or alteration permit has been issued by said Board; provided,
however, that the Board of Trustees may expressly dispense with the
filing of applications, plans and specifications when said Board deems
them unnecessary.
No person shall use or cause to be used any
equipment for which an installation or alteration permit was required
or issued or expressly dispensed with by the Board of Trustees until
an operating permit has been issued by the Board of Trustees.
No existing equipment or process shall be operated
except in accordance with the rules relating to emissions established
by the Board of Trustees. The Board of Trustees may require alterations
in any existing equipment or process for the purpose of procuring
compliance with such rules.
The Board of Trustees may seal any equipment
installed or altered without a permit as herein required. The Board
of Trustees, after due notice to the person affected thereby and an
opportunity afforded him to be heard, may seal any equipment operated
without an operating permit and prohibit the use of said equipment
or prohibit any process responsible for the emission into the open
air of any substance harmful to or affecting public health until an
operating permit has been obtained from the Board of Trustees.
No person shall permit or conduct on any premises
any use, storage, process or operation capable of emitting into the
open air any harmful or objectionable substance, including but not
limited to smoke, soot, fly ash, dust, fumes, gas, vapors or odors
or other pollutions, until a written application, including plans
and specifications, prepared in accordance with the rules and regulations
of the Board of Trustees of the Incorporated Village of Port Jefferson,
has been filed with the Board of Trustees and a use permit has been
issued by said Board; provided, however, that the Board of Trustees
may expressly dispense with the filing of applications, plans and
specifications when deemed unnecessary by said Board.
No existing use, storage, process or operation
shall be permitted or conducted except in accordance with the rules
and regulations relating to emissions established by the Board of
Trustees. The Board of Trustees may require changes or corrections
in any existing use, storage, process or operation for the purpose
of procuring compliance with such rules.
The Board of Trustees, after notice and hearing,
may prohibit any use, storage, process or operation responsible for
the emission into the open air of harmful or objectionable substances
and may prohibit the same until a use permit has been obtained.
[Amended 6-11-1992 by L.L. No. 4-1992; 1-5-2015 by L.L. No. 1-2015]
A.
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-2 of the Code of the Village of Port Jefferson.
B.
In case any equipment or use, storage, operation or
process responsible for the emission into the open air of any substance
harmful to or affecting public health is used in violation of this
article or of any rules relating to emissions established by the Board
of Trustees, in addition to other remedies provided by law, any appropriate
action or proceeding may be instituted or taken to prevent such unlawful
use to restrain, correct or abate such violation, to prevent the use
of such equipment or use, storage, operation or process.[1]
[1]
Editor's Note: Original § 55-10C,
which dealt with violations constituting disorderly conduct and which
immediately followed this subsection, was repealed 6-11-1992 by L.L.
No. 4-1992.
