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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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§ 4-7 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)
§ 4-10 GRADING VISIBLE EMISSIONS.
   (a)   Darkness of a visible emission of an air contaminant shall be graded by using the Ringelmann Chart or by means of a device or technique which results in measurements of equal or better accuracy.
   (b)   Opacity of a visible emission of an air contaminant shall be graded by observers trained by and certified by the Michigan Air Pollution Control Division, Department of Natural Resources using a device or technique approved by and on file with the Michigan Air Pollution Control Commission.
(Ord. 2494, passed 5-12-1975)
§ 4-11 FUGITIVE AIR CONTAMINANT EMISSIONS.
   No person shall cause or permit the emission of any fugitive air contaminant into the outdoor atmosphere from any air contaminant source whatsoever, including but not limited to vehicular movement, transportation of materials, construction, alteration, demolition, or wrecking, or commercially or industrially related activities such as loading, unloading, storing or handling of materials, without taking reasonable precautions to prevent such emission. Whenever any fugitive air contaminant escapes from a building or equipment in such manner and amount as to cause a nuisance or to violate § 4-9 or any other provisions of this ordinance, the Director may order that the building or equipment in which a processing, handling and storage are done be tightly closed and ventilated in such a way that the air contaminant leaving the building or equipment is treated by abatement process before discharge into the outdoor atmosphere.
(Ord. 2494, passed 5-12-1975)
§ 4-12 OBJECTIONABLE ODOR PROHIBITED.
   No person shall cause, allow or permit the discharge of air contaminant which cause or contribute to objectionable odor.
(Ord. 2494, passed 5-12-1975)
§ 4-13 OPEN BURNING.
   (a)   No person shall dispose of refuse or other waste materials by open burning, or cause or permit open burning of refuse or other waste materials except where permitted.
   (b)   No person shall maintain an open fire except as follows.
      (1)   Fire for noncommercial cooking of food for human consumption. Such fire shall be fueled by charcoal or propane gas only.
      (2)   Fire for training personnel in methods of fire fighting upon notification by writing to the Director.
      (3)   Fires for other essential purposes for which written approval has been granted by the Director.
   (c)   Violation of this section shall be a municipal civil infraction punishable by a fine pursuant to §§ 1-10 through 1-21.
(Ord. 2494, passed 5-12-1975; Ord. 3623, passed 9-13-2004)
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