CHAPTER 608
Air Pollution
608.01   Title.
608.02   Declaration of policy.
608.03   Definitions.
608.04   Powers.
608.05   Reporting of information.
608.06   Inspections.
608.07   Emissions prohibited.
608.08   Enforcement.
608.09   Emergency procedure.
608.10   Exemptions.
608.11   Administrative review.
608.12   Confidentiality of records.
608.13   Fees.
608.14   Effective date.
608.15   Equitable remedies.
 
CROSS REFERENCES
   Power to prevent dense smoke - see Ohio R. C. 715.44
   Noxious or offensive odors - see GEN. OFF. 660.04
 
   608.01 TITLE.
   This chapter shall be known as the "Air Pollution Code of the City of Independence, Ohio". (Ord. 1967-29. Passed 9-26-67.)
   608.02 DECLARATION OF POLICY.
   It is hereby declared to be the public policy of the City to preserve, protect and improve the air resources of the City in order to promote health, safety and welfare, prevent injury to human health, plant and animal life and property, foster the comfort and convenience of its inhabitants and, to the greatest degree practicable, facilitate the enjoyment of the natural attractions of the City.
   The emission or escape into the open air from any source or sources whatsoever, of smoke, ashes, dust, dirt, grime, acids, fumes, gases, vapors, odors or any other substances or combinations of substances, in such a manner or in such amounts as to endanger or tend to endanger the health, comfort, safety or welfare of the public, or which is unreasonably offensive and objectionable to the public, or which causes unreasonable injury or damage to property or which interferes with the comfortable enjoyment of property or normal conduct of business, is hereby found and declared to be a public nuisance. No person shall cause, permit or maintain any such public nuisance.
(Ord. 1972-47. Passed 5-23-72.)
   608.03 DEFINITIONS.
   For purposes of this chapter:
   (a)    "Air contaminant" means dust, fumes, gas, mist, smoke, vapor, odor or particulate matter, or any combination thereof present in the atmosphere.
   (b)    "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants or any combination thereof in sufficient quantities and of such characteristics and duration which are injurious or are likely to be injurious to public welfare, to the health of human, plant or animal life or to property, or which unreasonably interfere with the enjoyment of life and property.
   (c)    "Control equipment" means any equipment which has the function of controlling the emissions from a process, fuel-burning, or refuse-burning equipment and thus reduces the creation of, or the emission of air contaminants into the atmosphere, or both.
   (d)    "Department" means the Service Department.
   (e)    "Director" means the Service Director of the Service Department or his duly authorized agent.
   (f)    "Fuel-burning equipment" means any equipment, device or contrivance and all appurtenances thereto, including ducts, breechings, fuel-feeding equipment, ash removal equipment, combustion controls and stacks and chimneys, which are used primarily 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.
   (g)    "Incinerator" means any equipment, device or contrivance used for the destruction of garbage, rubbish or other wastes by burning, and all appurtenances thereof.
   (h)    "Opacity" means the state of a substance which renders it partially or wholly impervious to rays of light. Opacity as used in this chapter refers to the obscuration of an observer's view.
   (i)    "Open fire" means a fire in which any material is burned in the open or in a receptacle other than a furnace, incinerator or other equipment connected to a stack.
   (j)    "Particulate matter" means material other than uncombined water which is or has been suspended in air or other gases and is a liquid or a solid at standard conditions of temperature (sixty-eight degrees Fahrenheit) and pressure (14.7 pounds per square inch absolute).
   (k)    "Person" means any individual, partnership, firm, public or private corporation, association, subdivision or agency of the State or any other legal entity.
   (l)    "Process weight" means the total amount of all material introduced into an industrial operation including solid fuels but excluding liquid fuels and gaseous fuels when these are used as fuels and air introduced for purposes of combustion.
   (m)    "Process weight per house" means:
      (1)    For continuous or long-term operation, 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.
      (2)    For batch operation, 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 such period.
   (n)    "Ringelmann Smoke Chart" means a chart for grading the appearance, density or shade of smoke, as published, with instructions for use, by the U.S. Bureau of Mines in Information Circular 7718, dated August, 1955.
   (o)    "Salvage operation" means any operation conducted in whole or in part for the salvaging or reclaiming of any product or material.
   (p)    "Smoke" means small gas borne particles, other than water, in sufficient number to be observable.
   (q)    "Source" means any physical arrangement, condition or structure which may emit air contaminants.
      (Ord. 1968-26. Passed 10-8-68.)
   608.04 POWERS.
   In addition to any other powers vested in it by law the Department shall:
   (a)    Conduct studies, investigations and research relating to air pollution and its prevention, abatement and control;
   (b)    Issue such orders as may be necessary to effectuate the purposes of this chapter and enforce the same by all appropriate administrative and judicial proceedings;
   (c)    Hold hearings relating to any aspect of or matter in the administration of this chapter;
   (d)    Secure necessary scientific, technical, administrative and operational services, including laboratory facilities, by contract or otherwise;
   (e)    Prepare and develop a comprehensive plan or plans for the prevention, abatement and control of air pollution;
   (f)    Advise, consult and cooperate with other local governmental units, agencies of the State, industries, interstate or interlocal agencies and the Federal Government and with interested persons and groups;
   (g)    Review those matters having a bearing upon air pollution referred by other agencies of the City and make reports, including recommendations, to the referring agencies with respect thereto;
   (h)    Collect and disseminate information and conduct educational and training programs relating to air pollution;
   (i)    Encourage voluntary cooperation by persons or affected groups to achieve the purposes of this chapter;
   (j)    Receive and administer grants or other funds or gifts from public and private agencies, including the State and Federal Government, for the purpose of carrying out any of the functions of this chapter; and
   (k)    Do any and all acts which may be necessary for the successful prosecution of the policy of this chapter and such other acts as may be specifically enumerated herein. (Ord. 1967-29. Passed 9-26-67.)
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