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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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§ 4-11 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)
§ 4-14 EMISSION OF PARTICULATE MATTERS.
   It is unlawful for any person to cause or allow the emission of particulate matter from any air contaminant source in excess of:
   (a)   The maximum allowable emission rate listed in Table I.
   (b)   The maximum allowable emission rate specified as a condition of a permit to install and certificate of operation.
   (c)   The maximum allowable emission rate as determined by Table II below for sources not covered in subsections (a) and (b).
Table I
Particulate Matter Emission Schedule
Source
Maximum Allowable Emission at Operation Conditions(a) (Pounds Particulate per 1,000 Pounds Gas)
A.   Fuel burning equipment
Capacity Rating in Pounds Steam per Hour
Table I
Particulate Matter Emission Schedule
Source
Maximum Allowable Emission at Operation Conditions(a) (Pounds Particulate per 1,000 Pounds Gas)
A.   Fuel burning equipment
Capacity Rating in Pounds Steam per Hour
   1.   Pulverized coal (includes cyclone furnaces)
0 – 1,000,000
See Figure 1* for maximum emission limit
Over 1,000,000
Apply to Director for specific limit
   2.   Other modes of firing coal (other than pulverized)
0 – 100,000
0.65
100,000 – 300,000
0.65 – 0.45(b)
Over 300,000
Apply to Director for specific limit
B.   Incinerators
Ratings in Pounds Waste per Hour
   1.   Residential apartments
Commercial and industrial
(c,d)
0 – 100
0.65
Over 100
0.30
   2.   Municipal
All
0.30
   3.   Pathological(d)
All
0.20
C.   Steel manufacturing
   1.   Open hearth furnaces(d)
0.10
   2.   Basic oxygen furnaces(d)
0.10
   3.   Electric furnaces(d)
0.10
   4.   Sintering plants
0.20
   5.   Blast furnaces
0.15
   6.   Heating and reheating furnaces
0.30
D.   Ferrous cupola operations
Total Plant Melt Rate in Tons/Hours
   1.   Production cupolas
0 – 10
0.40
11 – 20
0.25
21 and over
0.15
   2.   Jobbing cupolas
0.40
   3.   Electric arc melting
0.10
   4.   Sand handling
0.10
E.   Chemical and mineral kilns
0.20
F.   Asphalt paving plants
0.30
G.   Cement manufacture (up to 15,000 barrels per day kiln capacity)
   1.   Kiln — wet or dry process
0.25
   2.   Clinker coolers
0.30
   3.   Grinding, crushing and other material handling
0.15
      Note: It is required that a maximum allowable emission listing be applied for to the Director for any kiln installation which will result in a total plant kiln capacity in excess of 15,000 barrels of cement per day.
H.   Iron ore pelletizing
Gas Flow Rate
(SCFM)
   Grate kilns and traveling grates
Greater than 600,000
Apply to Director for specific emission limit
300,000 – 600,000
0.10
100,000 – 300,000
b:0.15
100,000 or less
0.20
Footnotes
   (a)   Fuel burning and refuse incineration limitations shall be calculated at 50% excess air.
   (b)   Emission limitations for specific ratings are determined by linear interpolation between the ranges shown.
   (c)   These emission limitations do not apply to domestic incinerators (defined as having not over 5 cubic feet of storage capacity.)
   (d)   Afterburner or approved equivalent is mandatory.
   (e)   Differentiation between jobbing and production foundries:
      Cupolas used in a jobbing foundry are the same as those used in a production foundry and will vary in size only according to the quantity of iron melted per hour. However, the cupolas in a jobbing foundry will be run intermittently for just long enough at one time to pour the molds that are ready on the foundry floor, job by job. This might be for a two to four-hour period per day for any number of days per week.
      Production foundry cupolas will melt continuously to pour a succession of molds that are constantly being prepared to receive this continuous flow of iron. This could become 8 hours, 16 hours or 24 hours per day for any number of days per week.
*Editor’s note: Figure 1 is not set out herein, but is on file and available for inspection in the office of the City Clerk.
 
Table II
Allowable Rate of Emission Based on Process Rate(a)
Process Weight Rate
Rate of Emission
Lbs/Hr
Process Weight Rate
Rate of Emission
Lbs/Hr
Lbs/Hr
Tons/Hr
Lbs/Hr
Tons/Hr
Table II
Allowable Rate of Emission Based on Process Rate(a)
Process Weight Rate
Rate of Emission
Lbs/Hr
Process Weight Rate
Rate of Emission
Lbs/Hr
Lbs/Hr
Tons/Hr
Lbs/Hr
Tons/Hr
100
0.05
0.55
16,000
8.00
16.5
200
0.10
0.88
18,000
9.00
17.9
400
0.20
1.40
20,000
10.00
19.1
600
0.30
1.83
30,000
15.00
25.2
800
0.40
2.22
40,000
20.00
30.5
1,000
0.50
2.58
50,000
25.00
35.4
1,500
0.75
3.38
60,000
30.00
40.0
2,000
1.00
4.10
70,000
35.00
41.3
2,500
1.25
4.76
80,000
40.00
42.5
3,000
1.50
5.38
90,000
45.00
43.6
3,500
1.75
5.95
100,000
50.00
44.6
4,000
2.00
6.52
120,000
60.00
46.3
5,000
2.50
7.58
140,000
70.00
47.8
6,000
3.00
8.56
160,000
80.00
49.0
7,000
3.50
9.49
200,000
100.00
51.2
8,000
4.00
10.4
1,000,000
500.00
69.0
9,000
4.50
11.2
2,000,000
1,000.00
77.6
10,000
5.00
12.0
6,000,000
3,000.00
92.7
Footnotes
   (a)   Interpolation of the data in this table for process weight rates up to 60,000 lbs/hr shall be accomplished by use of the equation:
   E = 4.10P0.67 and interpolation and extrapolation of the data for process weight rates in excess of 60,000 lbs/hr shall be accomplished by use of the equation E = 55.0P0.11 - 40, where E = rate of emission in lbs/hr and P = process weight in tons/hr.
   Process weight — The total amount of all material introduced into a source operation, including solid fuels, but excluding liquid fuels and gaseous fuels when these are used as fuels and air introduced for purposes of combustion.
   Process weight rate — For continuous or long-term operations: The total process weight for the entire period of operation or for a typical portion thereof, divided by the number of hours of such period or portion thereof.
   For batch operations: The total process weight for a period which covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during the period.
 
(Ord. 2494, passed 5-12-1975)
§ 4-15 AIR CONTAMINANT OR WATER VAPOR, WHEN PROHIBITED.
   No person shall cause or permit the emission of an air contaminant or water vapor including an air contaminant whose emission is not otherwise prohibited by this ordinance, or an air contaminant or water vapor which reacts or may react with any other air contaminant or natural air, and which causes or will cause detriment to the safety, health, welfare or comfort of any person or which causes or will cause damage to property or business.
(Ord. 2494, passed 5-12-1975)
§ 4-16 DILUTING AND CONCEALING EMISSIONS.
   Unless prior written approval is obtained from the Director, no person shall build, erect, install or use any article, machine, equipment or other contrivance, the sole purpose of which is to dilute or conceal an emission without resulting in a reduction in the total release of air contaminants to the outdoor atmosphere. This section does not apply to the control of odors.
(Ord. 2494, passed 5-12-1975)
§ 4-17 MALFUNCTION OF EQUIPMENT; SCHEDULED MAINTENANCE; REPORTING.
   (a)   In the case of shutdown of control equipment for necessary scheduled maintenance unaccompanied by shutdown of the air contaminant source, the intent to shutdown such equipment shall be reported to the Director at least 24 hours prior to the planned shutdown. This prior notice shall include, but is not limited to the following:
      (1)   Identification and location of the specific control equipment to be taken out of service;
      (2)   The expected length of time that the control equipment will be out of service;
      (3)   The nature and quantity of emissions of air contaminants likely to occur during the shutdown;
      (4)   Description of the maintenance of the control equipment.
   (b)   In the event that any air contaminant source, control equipment or related facility breaks down in such a manner as to cause the emission of air contaminants in violation of this ordinance, the person responsible for such equipment shall immediately notify the Director of such failure or breakdown, and provide a written statement giving all pertinent facts, including the expected duration of the break. The Director shall be notified when the condition causing the failure or breakdown has been corrected and the equipment is again in operation.
(Ord. 2494, passed 5-12-1975)
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