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The City Council of the City of Flint hereby finds and determines that the excessive emission of air contaminants within the corporate limits of the City of Flint and the resultant effect upon the public health, safety and welfare requires the adoption of a comprehensive and integrated plan of air pollution control. The City Council further finds that it is necessary to the public health, safety and welfare to reduce air pollution caused by excessive soot, cinders, fly-ash, dust, noxious acids, fumes, gases and other air contaminants. It is the purpose of this ordinance to provide additional and cumulative remedies for the prevention and abatement of air pollution. Nothing in this ordinance contained shall abridge or alter rights of action or remedies now or hereafter existing unless otherwise herein specifically provided.
(Ord. 2494, passed 5-12-1975)
For the purposes of this ordinance certain terms are herewith defined:
AIR CLEANING DEVICE or CONTROL EQUIPMENT. Any method, process or equipment which removes, reduces or renders less noxious air contaminants discharged into the outdoor atmosphere.
AIR CONTAMINANT. A dust, particulate matter, fume, gas, mist, odor, smoke, vapor or any combination thereof.
AIR CONTAMINANT SOURCE. Any operation, machine, device, apparatus, equipment, building or other physical facility which emits or may emit any air contaminant.
AIR POLLUTION. The presence in the outdoor atmosphere of one or more air contaminants or combination thereof in quantities, or characteristics and under conditions and circumstances and of a duration which are or may become injurious to human health or welfare, to animal life, or plant life or to property, or which interferes with the enjoyment of life and property in this City and excludes all aspects of employer-employee relationships as to health and safety hazards.
BOARD. The Air Pollution Appeals Board.
DIRECTOR. The Director of the Department of Utilities or his duly authorized representative.
EMISSION. The act of releasing or discharging any air contaminant into the outdoor atmosphere from any air contaminant source.
FUEL BURNING EQUIPMENT. Any device, contrivance or equipment and all appurtenances thereto including ducts, breechings, control equipment, fuel-feeding equipment, ash-removal equipment, combustion controls, stacks, chimneys, used principally but not exclusively, to burn any fuel for the purpose of indirect heating in which the material being heated is not contacted by and adds no substance to the products of combustion. Such equipment typically includes that used for heating water to boiling; raising steam, or super-heating steam; heating air as in a warm air furnace; furnishing process heat that is conducted through vessel walls; and furnishing process heat indirectly through its transfer of fluids.
FUGITIVE AIR CONTAMINANTS. Any air contaminant emitted from an unenclosed operation into the outdoor atmosphere without passing or being conducted through a flue pipe, stack, or other structure designed for the purpose of emitting air contaminants into the outdoor atmosphere.
INCINERATOR. A device specifically designed for the destruction, by burning, of garbage or other combustible refuse or waste material, or both.
MODIFICATION. Any physical change in, or change in the method of operation of, any air contaminant source that increases the amount of any air contaminant emitted by such source or which results in the emission of any air contaminant not previously emitted from the same location.
OBJECTIONABLE ODOR. Any odor present in the outdoor atmosphere which by itself or in combination with other odors, is or may be harmful or injurious to human health or welfare, which unreasonably interferes with the comfortable use and enjoyment of life and property, or which creates a nuisance.
ODOR. A sensation resulting from the stimulation of the human olfactory organ.
OPACITY. The degree to which emission reduces the transmission of light or obscures an observer’s view.
OPEN BURNING. A fire or any combustion process from which the products of combustion are emitted directly into the outer air without passing through a stack or chimney.
OUTER AIR or OUTDOOR ATMOSPHERE. That portion of the atmosphere, outside of buildings and other enclosures, stacks or ducts, which surrounds human, animal or plant life, or property.
PARTICULATE MATTER. The material, except uncombined water, that exists in a finely divided form as a liquid or solid at standards conditions.
PERMIT TO INSTALL or INSTALLATION PERMIT. A permit issued by the Director authorizing the construction, installation or modification, of any process, fuel-burning or control equipment, or incinerator in accordance with approved plans and specifications.
PERMIT TO OPERATE or CERTIFICATE OF OPERATION. A certificate issued by the Director authorizing the use of any process, fuel-burning or control equipment, or incinerator for the period indicated after it has been demonstrated that it can be operated in compliance with this ordinance.
PERSON. An individual person, trustee, court appointed representative, syndicate, association, partnership, firm, club, company, corporation, business, trust, institution, agency, government corporation, municipal corporation, city, county, municipality, district or other political subdivision, department, bureau, agency or instrumentality of federal, State, or local government, or other entity recognized by law as the subject of rights and duties.
PROCESS or PROCESS EQUIPMENT. Any equipment, device, or contrivance for changing any materials whatever or for storage or handling of any materials, and all appurtenances thereto, including ducts, stacks, et cetera, the use of which may cause any discharge of an air contaminant into the outdoor atmosphere but not including fuel-burning equipment or incinerator as defined in this ordinance.
PROCESS WEIGHT. The total weight of all materials introduced into a source operation, including solid fuels, but excluding liquids and gases used solely as fuels, and excluding air introduced for purposes of combustion.
PROCESS WEIGHT RATE. A rate established as follows:
(1) For continuous or long-run steady-state source operations, the total process weight for the entire period of continuous operation or for a typical portion thereof, divided by the number of hours of such period or portion thereof.
(2) For cyclical or batch source operations, the total process weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.
(3) When the nature of any process or operation of the design of any equipment is such as to permit more than one interpretation of this definition the interpretation that results in the minimum value for allowable emission applies.
RINGELMANN CHART. The chart published and described in the U.S. Bureau of Mines Information Circular 8333, and on which are illustrated graduated shades of gray to black for use in estimating the density of smoke.
SALVAGE OPERATION. An operation conducted in whole or in part for the salvaging or reclaiming of any product or material.
SOURCE OPERATION. The last operation preceding the emission of an air contaminant, which operation:
(1) Results in the separation of the air contaminant from the process material or in the conversion of the process materials into air contaminants, as in the case of combustion fuel; and
(2) Is not an air pollution abatement operation.
SOURCE SAMPLE. A sample of the emission from an air contamination source, collected for analysis from within a stack or an effluent stream.
STACK or CHIMNEY. A flue, conduit or duct arranged to conduct an effluent to the outer air.
STANDARD CONDITIONS. A gas temperature of 70°F. and a gas pressure of 14.7 pounds per square inch absolute.
(Ord. 2494, passed 5-12-1975; Ord. 3624, passed 9-27-2004)
Except as herein provided, no person shall construct, install, or modify any air contaminant source for use within the City unless an application has been filed by the person or his agent in the office of, and has been approved by, the Director and until an installation permit has been issued by the Director for such construction, installation or modification. Upon written request and submission of adequate supplementary data, the Director may amend the original installation permit application. The Director shall not approve the construction, installation, or modification unless the person demonstrates to the satisfaction of the Director that the proposed air contaminant source will comply with all applicable provisions of this ordinance.
(Ord. 2494, passed 5-12-1975)
An application for an installation permit shall include information required by the Director on application forms prescribed by the Director or by written notice. If considered by the Director to be pertinent to evaluation of the air contaminant source for which a permit is sought, this information shall include:
(a) Expected composition of effluent stream, both before and after the installation of an air cleaning device, including emission rate, concentration, exhaust gas volume and exhaust gas temperature.
(b) Expected physical and chemical characteristics of air contaminants.
(c) Detail of air cleaning device, if any, including the description, design parameters and anticipated performance.
(d) Location and elevation of the emission point and other factors relating to dispersion and diffusion of the air contaminant in the outer air, and the relation of the emission point to nearby structures, window openings, and other information necessary to appraise the possible effects of effluent.
(e) If necessary to ascertain compliance, the tests to be made of the completed installation by the applicant. The Director may waive testing of certain new installations if operation performance of similar installations indicates this is not needed;
(f) Any other reasonable and pertinent information that may be required by the Director.
(Ord. 2494, passed 5-12-1975)
When a person files plans and specifications as the agent of an owner, the owner shall furnish the agent with a letter of authorization for filing of the plans and specifications, and this letter shall be submitted with the plans and specifications.
(Ord. 2494, passed 5-12-1975)
The Director shall within 30 days of the receipt of the application notify the person applying for the permit in writing of its approval, conditional approval or denial. Upon approval of the application, the Director shall issue an installation permit for the construction, installation, or modification of such air contaminant source. When an application is denied the person shall be notified in writing from the Director of the reasons therefor and his or her right to request a hearing before the Board.
(Ord. 2494, passed 5-12-1975)
Not more than 30 days after the completion of the construction, installation or modification for which the installation permit was issued, the person shall apply in writing to the Director for a certificate of operation. After the Director has determined that such air contaminant source is completed in compliance with the installation permit and that such source will be operated pursuant to and in accordance with the provisions of this ordinance and pertinent State law, the Director shall issue a certificate of operation to the permit holder. Such certificate shall be kept posted at all times on or near the installation for which it was issued.
(Ord. 2494, passed 5-12-1975)
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