[HISTORY: Adopted by the City Council of the City of Lackawanna 12-7-1987
as Ch. 39 of the 1987 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Air Pollution Law
of the City of Lackawanna, New York."
A.
Prohibited emission. No person shall cause or allow the
escape from any stacks or open containers into the open air of such quantities
of soot, cinders, noxious acids, fumes or gases in such place or manner so
as to cause injury, detriment or nuisance to any person or to the public or
to endanger the comfort, health or safety of any such person or to the public
health, or in such manner as to cause or have a tendency to cause injury or
damage to business or property.
B.
Fly-ash, reduction required. No person shall operate
or cause to be operated, maintain or cause to be maintained, any furnace or
combustion device for the burning of fuel without maintaining and operating,
while using said furnace and combustion device, recognized and approved equipment,
means, methods and devices or contrivance to reduce the amount of fly-ash
emitted into the open air which is operated in conjunction with such furnace
or combustion device, so that the quantity of fly-ash shall not exceed 0.7
grains per cubic foot of flue gas at a stacked temperature of 500° F.,
of which amount not to exceed 0.2 grains per cubic foot shall be of such size
as to be retained on a 325 mesh U.S. standard sieve; provided that locomotives
equipped with front end screens meeting Interstate Commerce Commission specifications
shall be deemed in compliance herewith. These conditions are to be conformed
to when the percentage of excess air in the stack does not exceed 50% of a
full load.
C.
Measurements; tests adopted. The foregoing requirements
shall be measured by the methods outlined in the Test Code for dust separating
apparatus of the American Society of Mechanical Engineers.
D.
Nuisance declared. The escape of soot, cinders, noxious
acids, fumes, gases or fly-ash as herein prohibited, is hereby declared to
be a nuisance and may be summarily abated by the Director of Development,
or by any one whom he or she may authorize for such purpose. Such abatement
may be in addition to the fines and penalties herein provided.
A.
Prohibited. The production of emission within the City
of dense smoke is prohibited and it is hereby declared to be a nuisance and
may be summarily abated by the Director of Development. Such abatement may
be in addition to the fines and penalties hereinafter provided.
B.
Use of Ringelmann Chart. For the purpose of grading the
density of smoke, the Ringelmann Chart, as now published and used by the United
States Bureau of Mines, shall be the standard. Smoke shall be considered dense
when it is equal to or greater density than No. 2 of said chart.
The unlawful emission of smoke, soot, cinders, fly-ash, noxious acid,
fumes or gases from each stack shall constitute a separate offense.
A.
Notice required. After any owner, agent, occupant, manager
or lessee of any premises has been previously notified of three or more violations
of this chapter within any consecutive three-month period, in respect to the
emission of dense smoke, soot, cinders, noxious acids, fumes, gases or fly-ash,
the owner, agent, occupant, manager or lessee of said premises shall be notified
to show cause before the Director of Development on a day certain, not less
than 10 days from the date of notice, why the equipment causing such violations
should not be sealed. The notice herein provided for may be given by mail
directed to the last known address of the party to be notified; or if said
party or his or her whereabouts is unknown, then by posting a notice on or
near the premises at which the violations shall have occurred.
B.
Hearing authorized. Upon such date said violator may
appear and be heard.
C.
Equipment to be sealed. Upon such hearing, if the Director
of Development finds that adequate corrective means and methods have not been
employed to correct the cause of such condition, then it shall be his or her
duty to seal such equipment until such time as a permit and certificate as
herein provided have been applied for and issued for such plant.
D.
Use of sealed equipment. It shall be unlawful for any
person to break a seal of any refuse burning equipment, any boiler or any
equipment or device producing heat and power, that has been duly sealed by
the Director of Development, unless authorized by the Director of Development
in writing.
A.
Duty. The owner or operator of every power and heating
plant, except those in which the only fuel is gas, and except buildings used
for private residences containing less than 10 dwellings, units or flats,
shall provide means whereby the Director of Development or his or her representative
may be enabled to know, without leaving the boiler or furnace room, whether
or not prohibitive smoke is issuing from the stack, so that possible necessary
correction may be made at the time. Such means of observation shall be as
follows:
B.
Effect of violation. Any person who violates the provisions
of this section shall be subject to the fines and penalties provided for each
offense.
C.
Duty of Director of Development. The Director of Development
shall have charge of the enforcement of all local laws, ordinances and regulations
pertaining to smoke prevention and air pollution, and institute proceedings
for the violation thereof; and shall have charge of the preparation and execution
of educational plans for securing the cooperation of the public in the reduction
of the emission of smoke and air pollution.
