No person shall cause, allow or permit to be
emitted into the outdoor atmosphere any substance in quantities which
may endanger the health, welfare, comfort or well-being of the residents
of the City or their property.
As used in this article, the following terms
shall have the meanings indicated:
AIR CONTAMINATION
Any smoke, soot, fly ash, dust, cinders, dirt, noxious or
obnoxious acids, fumes, oxides, gases, mists, aerosols, vapors, odors,
toxic or radioactive substances, waste, particulate, solid, liquid
or gaseous matter, or any other materials in the outdoor atmosphere.
"Air contamination source" means any source, from or by reason of
which there is emitted into the outdoor atmosphere smoke or odors,
regardless of who the person may be who owns or operates the building,
premises or other property on which such source is located or the
facility, equipment or other property by which the emission is caused
or from which the emission comes.
AIR POLLUTION
The presence in the atmosphere of one or more air contaminants
or combinations thereof in such quantities and of such duration that
they are or may tend to be injurious to human, plant or animal life
or property, or that interfere with the comfortable enjoyment of life
or property or the conduct of business or other human activities.
ASHES
The residue from combustion, including cinders, fly ash or
any other solid material resulting from combustion, as well as partially
combusted materials and unburned combustibles.
DUST
Solid particles projected into the air and capable of temporary
suspension therein.
INCINERATORS
All devices, including, but not limited to, crematories,
intended or used for the destruction of garbage or other combustible
materials by means of burning or for the salvage of materials by means
of burning of extraneous materials. This does not mean mechanisms
required by the Department of Environmental Protection to eliminate
air contaminants for the abatement of malodors.
MIST
A suspension of any finely divided liquid in any gas or atmosphere.
ODOR
That property of an air contaminant that affects the sense
of smell.
OPEN FIRES
Any fire from which the products of combustion are emitted
directly into the atmosphere without passing through a stack or chimney.
SMOKE
Small gasborne particles resulting from combustion, consisting
of carbon, ash and other material.
No person shall cause, allow or permit smoke
from any fuel-burning equipment, the shade or appearance of which
is darker than No. 1 of the Ringelmann Smoke Chart, to be emitted
into the open air, except when smoke is emitted during the cleaning
of a fire box or the building of a new fire, the shade or appearance
of which may be darker than No. 1 but less than No. 3 of the Ringelmann
Smoke Chart for a period or periods aggregating no more than three
minutes in any 60 consecutive minutes.
No person shall cause or permit the handling,
transporting, storing or disposing of any substance or material which
is likely to be scattered by the wind, or is susceptible to being
windborne, without taking effective precautions or measures to prevent
air contamination. No person shall operate or maintain, or allow or
cause to be operated or maintained, any premises, open area, right-of-way,
storage piles, or vehicle, or any construction, alterations, demolition
or wrecking operation, or any other enterprises which involve any
material or substance likely to be scattered by the wind, or susceptible
of being windborne, without effective precautions or measures to prevent
air contamination. No person shall maintain, conduct or use, or cause
to be maintained, conducted or used, any parking lot or similar areas
unless the lot, area or roadway is maintained in such a manner as
to prevent air contamination.
No person shall cause, allow or permit the emission
of any noxious or offensive odor from an air contamination source.
No parking garages, underground parking facilities,
or tunnels shall be constructed except where the Board determines
that no health hazard is created by the ventilation and exhaust control
systems and issues its written approval. This provision shall not
apply to garages of one- or two-family dwellings.
No structure for human habitation or occupancy
shall be constructed over a highway or public roadway except where
the Board determines that no health hazard to the occupants of the
proposed structure will be created and issues its written approval.