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Flint, MI Code of Ordinances
CITY OF FLINT, MICHIGAN CODE OF ORDINANCES
PART I. CHARTER
PART II. THE CODE OF ORDINANCES
CHAPTER 1: GENERAL PROVISIONS*
CHAPTER 2: ADMINISTRATION*
CHAPTER 3: ADVERTISING AND SIGNS
CHAPTER 4: AIR POLLUTION CONTROL
§ 4-1 INTENT AND PURPOSE.
§ 4-2 DEFINITIONS.
§ 4-3 INSTALLATION PERMIT REQUIRED.
§ 4-4 INFORMATION REQUIRED ON APPLICATION FOR INSTALLATION PERMIT.
§ 4-5 AUTHORITY OF AGENTS.
§ 4-6 PROCESSING OF APPLICATIONS AND ISSUANCE OR DENIAL OF PERMITS.
§ 4-7 CERTIFICATE OF OPERATION.
§ 4-8 PERMIT SYSTEM EXEMPTIONS.
§ 4-9 STANDARDS FOR DENSITY OF EMISSIONS.
§ 4-10 GRADING VISIBLE EMISSIONS.
§ 4-11 FUGITIVE AIR CONTAMINANT EMISSIONS.
§ 4-12 OBJECTIONABLE ODOR PROHIBITED.
§ 4-13 OPEN BURNING.
§ 4-14 EMISSION OF PARTICULATE MATTERS.
§ 4-15 AIR CONTAMINANT OR WATER VAPOR, WHEN PROHIBITED.
§ 4-16 DILUTING AND CONCEALING EMISSIONS.
§ 4-17 MALFUNCTION OF EQUIPMENT; SCHEDULED MAINTENANCE; REPORTING.
§ 4-18 TESTS FOR APPROVAL OF CERTIFICATES OF OPERATION.
§ 4-19 NOTIFICATION AND REPORTS OF TESTS BY OWNER.
§ 4-20 TESTS BY DIRECTOR.
§ 4-21 METHODS AND PROCEDURES.
§ 4-22 AIR CLEANING DEVICES.
§ 4-23 COLLECTED AIR CONTAMINANTS.
§ 4-24 ENFORCEMENT.
§ 4-25 VIOLATION; INVESTIGATION AND COMPLAINT; VOLUNTARY AGREEMENTS; CONSENT ORDERS.
§ 4-26 ADDITIONAL POWERS OF DIRECTOR.
§ 4-27 AIR POLLUTION APPEAL BOARD.
§ 4-28 CONSIDERATION OF APPEALS.
§ 4-29 FILING OF APPEAL; NOTICE AND HEARING.
§ 4-30 COMPOSITION OF BOARD; APPOINTMENT, TERM, COMPENSATION OF MEMBERS; SECRETARY.
§ 4-31 ORGANIZATION, RULES, MEETINGS, MINUTES AND RECORDS OF BOARD.
§ 4-32 QUORUM OF BOARD; VOTE OF MAJORITY NECESSARY TO REVERSE DECISION AND THE LIKE; ENTERED UPON RECORD.
§ 4-33 DUTY OF CITY DEPARTMENTS TO ASSIST.
§ 4-34 APPLICATION FOR VARIANCES; FEE; PROCESSING APPLICATIONS.
§ 4-35 SUSPENSION OF ENFORCEMENT; REASONS; VARIANCE.
§ 4-36 FACTORS CONSIDERED IN GRANTING VARIANCE.
§ 4-37 GRANTING VARIANCE FOR HARDSHIP.
§ 4-38 PERIOD FOR WHICH VARIANCE GRANTED; REPORTS; CONDITIONS.
§ 4-39 REVOCATION OR MODIFICATION OF VARIANCE; PUBLIC HEARING; NOTICE.
§ 4-40 SEVERABILITY.
§ 4-41 REPEALER.
§ 4-42 PENALTIES.
CHAPTER 5: AIRPORT
CHAPTER 6: ALCOHOLIC LIQUOR SALES
CHAPTER 7: AMBULANCES
CHAPTER 8: AMUSEMENTS
CHAPTER 9: ANIMALS AND FOWL*
CHAPTER 10: AUCTIONS
CHAPTER 11: BUILDINGS
CHAPTER 12: BUSINESS AND OCCUPATIONS GENERALLY*
CHAPTER 13: CEMETERIES
CHAPTER 14: CIVIL DEFENSE AND DISASTER
CHAPTER 15: TELECOMMUNICATIONS SYSTEMS
CHAPTER 16: ELECTRICAL CODE
CHAPTER 17: FENCES
CHAPTER 18: TAXATION; FUNDS; PURCHASING*
CHAPTER 19: FIRE PROTECTION*
CHAPTER 20: RESERVED
CHAPTER 21: RESERVED
CHAPTER 22: HEATING
CHAPTER 23: RESERVED
CHAPTER 24: HOUSING
CHAPTER 25: RESERVED
CHAPTER 26: LICENSING FEES AND OTHER CHARGES
CHAPTER 27: RESERVED
CHAPTER 28: MOTOR VEHICLES AND TRAFFIC
CHAPTER 29: MUNICIPAL RETAIL AND WHOLESALE GROWERS’ MARKET
CHAPTER 30: NUISANCES*
CHAPTER 31: GENERAL OFFENSES*
CHAPTER 32: RESERVED
CHAPTER 33: PARKS
CHAPTER 34: RESERVED
CHAPTER 35: PERSONNEL*
CHAPTER 36: PLUMBING
CHAPTER 37: POLES AND WIRES
CHAPTER 38: RAILROADS
CHAPTER 39: REFUSE, GARBAGE AND WEEDS
CHAPTER 40: RESERVED
CHAPTER 41: SCHOOLS
CHAPTER 42: STREETS AND SIDEWALKS
CHAPTER 43: RESERVED
CHAPTER 44: RESERVED
CHAPTER 45: TREES AND SHRUBS
CHAPTER 46: UTILITIES*
CHAPTER 47: WARDS AND PRECINCTS
CHAPTER 48: WATERCRAFT
CHAPTER 49: WEIGHTS AND MEASURES
CHAPTER 50: ZONING*
APPENDIX: COMPILED ILLUSTRATIONS
TABLE OF SPECIAL ORDINANCES*
APPENDIX A
PART III: PARALLEL REFERENCES AND INDEX
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§ 4-3 INSTALLATION PERMIT REQUIRED.
   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)
§ 4-4 INFORMATION REQUIRED ON APPLICATION FOR INSTALLATION PERMIT.
   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)
§ 4-5 AUTHORITY OF AGENTS.
   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)
§ 4-6 PROCESSING OF APPLICATIONS AND ISSUANCE OR DENIAL OF PERMITS.
   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)
§ 4-7 CERTIFICATE OF OPERATION.
   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)
§ 4-8 PERMIT SYSTEM EXEMPTIONS.
   The permit does not apply to:
   (a)   Cooling and ventilating equipment.
      (1)   Cold storage refrigeration equipment;
      (2)   Comfort air conditioning or comfort ventilating systems not designed to remove air contaminants generated by or released from specific units of equipment;
      (3)   Natural draft hoods or natural draft ventilation;
      (4)   Water cooling towers and water cooling ponds not used for evaporative cooling of process water or not used for evaporative cooling of water from barometric jets or from barometric condensers.
   (b)   Cleaning, washing, or drying equipment.
      (1)   Vacuum cleaning systems used exclusively for industrial, commercial or residential housekeeping purposes;
      (2)   Equipment used for portable steam cleaning;
      (3)   Blast cleaning equipment using a suspension of abrasive in water and any exhaust system or collector serving them exclusively;
      (4)   Equipment used for washing or drying products fabricated from metal or glass, if no volatile organic materials are used in the process and no oil or solid fuel is burned;
      (5)   Laundry dryers, extractors or tumblers for fabrics cleaned with only water solutions of bleach or detergents.
   (c)   Furnaces, ovens and heaters.
      (1)   Natural gas fired or liquefied petroleum gas-fired or electrically heated furnaces for heat treating glass or metals, the use of which does not involve molten materials;
      (2)   Porcelain enameling furnaces or porcelain enameling drying ovens and any exhaust equipment serving them exclusively;
      (3)   Kilns for firing ceramic ware, heated exclusively by natural gas or liquefied petroleum gas or any combination thereof, or heated electrically, and any exhaust system or collector serving them exclusively;
      (4)   Blacksmith forges;
      (5)   Crucible furnaces, pot furnaces or induction furnaces, with a capacity of 1,000 pounds or less each, in which no sweating or distilling is conducted, nor any fluxing conducted utilizing free chlorine, chloride and fluoride derivatives and ammonium compounds;
      (6)   Gas fuel and No. 1 and No. 2 fuel-oil burning equipment with a maximum heat input of 100 million Btu per hour used for space heating, service water heating or electric power generation and indirect heaters used in oil and gas producing and process operations;
      (7)   Incinerators, fuel-burning and cooking equipment used in connection with a structure designed and used exclusively as a dwelling for not more than two families;
      (8)   Bakery ovens and confection cookers where the products are edible and intended for human consumption, and any exhaust system or collector serving them exclusively.
   (d)   Testing and inspection equipment.
      (1)   Laboratory equipment used exclusively for chemical or physical analysis or experimentation except that used for controlling radioactive air contaminants;
      (2)   Equipment used for hydraulic or hydrostatic testing;
      (3)   Equipment for inspection of metal products.
   (e)   Containers, reservoirs or tanks. Used exclusively for:
      (1)   Dipping operations for coating objects with oil, waxes or greases, or natural or synthetic resins containing no organic solvents;
      (2)   Electrolytic plating with, electrolytic polishing of, or electrolytic stripping of the following metals: brass, bronze, cadmium, copper, iron, lead, nickel, tin, zinc, and precious metals;
      (3)   Storage of butane, propane or liquified petroleum gas;
      (4)   Storage of lubricating oils.
   (f)   Miscellaneous.
      (1)   Maintenance structural changes or minor repairs not involving any change in the quality, nature or quantity of the emission of air contaminants therefrom;
      (2)   Equipment used for any mode of transportation;
      (3)   Internal combustion engines;
      (4)   Vacuum pumps in laboratory or pilot plant operations;
      (5)   Unheated solvent dispensing containers or unheated solvent rinsing containers of 60 gallons capacity or less;
      (6)   Portable brazing, soldering or welding equipment;
      (7)   Grain, metal or mineral extrusion presses;
      (8)   The following equipment and an exhaust system or collection serving it exclusively:
         a.   Drop hammers or hydraulic presses for forging or metal working;
         b.   Die casting machines;
         c.   Equipment for surface preparation of metals by use of aqueous solutions, except for acid solutions;
         d.   Atmosphere generators used in connection with metal heat treating processes;
         e.   Equipment used exclusively for sintering of glass or metals, but not exempting equipment used for sintering metal bearing ores, metal scale, clay, fly-ash or metal compounds;
         f.   Equipment for carving, cutting, routing, turning, drilling, machining, sawing, surface grinding, sanding, planning, buffing of polishing of ceramic art work, leather, metals, plastic, rubber, wood or wood products, on a nonproductive basis;
         g.   Photographic process equipment by which an image is reproduced upon material sensitized to radiant energy.
(Ord. 2494, passed 5-12-1975; Ord. 2501, passed 6-2-1975)
§ 4-9 STANDARDS FOR DENSITY OF EMISSIONS.
   No person shall cause or permit to be discharged into the outdoor atmosphere from any single source of emission whatsoever any visible air contaminant of a density darker than No. 1 on the Ringelmann Chart or greater than 20% opacity except:
   (a)   Any visible air contaminant of a density not darker than No. 2 on the Ringelmann Chart or greater than 40% opacity may be emitted for a period or periods aggregating not more than three minutes in any sixty minute period, but such emissions shall not be permitted on more than three occasions during any twenty-four hour period.
   (b)   Where the presence of uncombined water vapor is the only reason for failure of an emission to meet the requirements of this section.
(Ord. 2494, passed 5-12-1975)
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