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(a) It is the policy of the County to protect the County’s ambient air quality as necessary to:
(1) protect the health, safety, comfort and well-being of the County’s residents and businesses;
(2) prevent injury to plant and animal life and to property; and
(3) protect the recreational resources of the County.
(b) It is the County’s goal to protect and facilitate the improvement of the indoor air quality experienced by businesses and occupants of multi-tenant buildings.
(c) The Department must apply principles of sound environmental health management and use reasonably available air quality control technology to implement this Chapter. (1975 L.M.C., ch. 17, § 1; 2002 L.M.C., ch. 6, § 1.)
Editor’s note—2002 L.M.C., ch. 6, § 2, states: Transition. Until superseded, an Executive Regulation issued under Chapter 3 before the effective date of this Act [April 11, 2002] remains in effect to the extent the regulation is consistent with this Act. This Act does not apply to a violation of Chapter 3 that occurred before this Act took effect [April 11, 2002].
In this Chapter, the following words and phrases have the following meanings:
Air pollutant: Any substance whose release into the atmosphere causes air pollution. An air pollutant may be in the form of a smoke, gas, dust, odor, particulate matter or combinations of smoke, gas, dust, odor, or particulate matter.
Air pollution: The presence in the atmosphere of any substances or combinations of substances whose character, quantities or duration make those substances likely to pose a health hazard to humans, plants, or animals, or unreasonably interfere with the use and enjoyment of property. The substances may be emitted as odors, solids, vapors, liquids, or gases from any single source or in combination with other sources.
Air pollution episode: A recognized occurrence designated by the Governor of Maryland or the Secretary of the state Department of the Environment as an accumulation of ambient air pollutants at levels harmful to human health.
Control equipment: Any device or equipment that prevents or reduces emissions.
Department: The Department of Environmental Protection.
Director: The Director of the Department or the Director’s designee.
Emission: Any substance, other than water in an uncombined form, discharged into the atmosphere, including odors, particulate matter, vapors, gases, or any combination of these substances.
Excessive lodging: A condition of farmland where embedding of the previous crop causes the normal use of harvesting, tillage, or planting equipment to be impossible or impracticable.
Incinerator: Any equipment or device used to destroy garbage, rubbish or other wastes by burning.
Indoor air pollutant: Any substance whose indoor presence causes indoor air pollution. An indoor air pollutant may consist of particles such as dust, fibers, asbestos, or radon progeny; gases such as formaldehyde, carbon monoxide, mists, or bioaerosols; biological substances such as viruses, bacteria, fungi or molds; or combination of substances.
Indoor air pollution: The indoor presence of any airborne substance, such as particles, fumes, mists, gases, or vapors or combination of substances likely to pose a health hazard to humans, plants, or animals or unreasonably interfere with the use and enjoyment of residential or non-residential property, including the ordinary conduct of business.
Installation: Any article, machine, or equipment, including emission control equipment, processing equipment, manufacturing equipment, fuel burning equipment, incinerators or any equipment or construction capable of generating, causing or reducing emissions.
Odor: The property of an emission that stimulates a person’s sense of smell.
Official fire: A fire authorized by a government officer for the purposes listed in this Chapter.
Opacity: The degree to which emissions reduce the transmission of light and obscure the view of an object in the background.
Open fire: A fire in which any material is burned in the open or a receptacle other than a furnace, incinerator or other equipment not in conformance with the design requirements of the applicable building code of the County or the air quality control regulations of the State.
Particulate matter: Material other than water in uncombined form which is or has been airborne and exists as a liquid or solid at standard conditions of temperature 25 degrees Celsius (77 degrees Fahrenheit) and pressure of 29.92 inches (760 mm) mercury.
Permit: An air pollution control permit issued by the Department or the Maryland Department of the Environment covering open burning, installation, or operation of equipment with the potential to emit air pollution.
Person: An individual, group of individuals, partnership, firm, voluntary association, public or private corporation, or an agency, or department of the County or of any federal, state, or municipal government to the extent allowed under federal, state, or municipal law.
Plan for compliance: A schedule of actions designed to achieve compliance with this Chapter after a specified period of time submitted by a violator and approved by the Director.
Source: A person or property that is contributing to air pollution.
Unconfined source: An installation that causes emissions that are not enclosed in a stack, duct, hood, flue, or other conduit, but that escape into the atmosphere through openings such as windows, vents, or doors, ill fitting closures, or poorly maintained equipment. (1975 L.M.C., ch. 17, § 1; 2002 L.M.C., ch. 6, § 1.)
Editor’s note—2002 L.M.C., ch. 6, § 2, states: Transition. Until superseded, an Executive Regulation issued under Chapter 3 before the effective date of this Act [April 11, 2002] remains in effect to the extent the regulation is consistent with this Act. This Act does not apply to a violation of Chapter 3 that occurred before this Act took effect [April 11, 2002].
(a) The Director must enforce this Chapter. The Director must advise, consult, and cooperate with other local government units, State agencies, interstate agencies, the federal government, private industries and businesses, homeowners associations, and other interested persons about air quality problems that affect human health.
(b) This Chapter does not waive any requirement of State or federal law. (1975 L.M.C., ch. 17, § 1; 2002 L.M.C., ch. 6, § 1.)
Editor’s note—2002 L.M.C., ch. 6, § 2, states: Transition. Until superseded, an Executive Regulation issued under Chapter 3 before the effective date of this Act [April 11, 2002] remains in effect to the extent the regulation is consistent with this Act. This Act does not apply to a violation of Chapter 3 that occurred before this Act took effect [April 11, 2002].
The County Executive may adopt regulations under method (2) to implement this Chapter. Regulations adopted under this Chapter must not conflict with, waive any provisions of, or be less restrictive than any requirement of State or federal law. (1975 L.M.C., ch. 17, § 1; 1984 L.M.C., ch. 24, § 6; 1984 L.M.C., ch. 27, § 6; 2002 L.M.C., ch. 6, § 1.)
Editor’s note—2002 L.M.C., ch. 6, § 2, states: Transition. Until superseded, an Executive Regulation issued under Chapter 3 before the effective date of this Act [April 11, 2002] remains in effect to the extent the regulation is consistent with this Act. This Act does not apply to a violation of Chapter 3 that occurred before this Act took effect [April 11, 2002].
(a) Generally. A person must not cause or allow the discharge of any visible emission from any installation or building, other than water in an uncombined form, into the atmosphere.
(b) Exceptions. Subsection (a) does not apply to any:
(1) Emission during start-up and process modifications or adjustments, or occasional cleaning of control equipment, that is not greater than 40 percent opacity for a period of not more than 6 consecutive minutes in any 60-minute period.
(2) Emission from a food preparation installation, such as a char-broiler or pit barbecue, that operates at one location less than 15 days in any 365-day period, or that is not greater than 10 percent opacity.
(3) Emission caused by wood burning in a residential fireplace or wood stove, or emission for recreational purposes such as a campfire.
(4) Emission from an open fire (except a salamander) that complies with this Chapter. (1975 L.M.C., ch. 17, § 1; 2002 L.M.C., ch. 6, § 1.)
Editor’s note—2002 L.M.C., ch. 6, § 2, states: Transition. Until superseded, an Executive Regulation issued under Chapter 3 before the effective date of this Act [April 11, 2002] remains in effect to the extent the regulation is consistent with this Act. This Act does not apply to a violation of Chapter 3 that occurred before this Act took effect [April 11, 2002].
A person must not cause or allow emissions from an unconfined source without taking reasonable precautions to prevent particulate matter from becoming airborne. When the Director orders, these precautions must include installing and using hoods, fans, and dust collectors to enclose, capture, and vent emissions. (2002 L.M.C., ch. 6, § 1.)
Editor’s note—2002 L.M.C., ch. 6, § 2, states: Transition. Until superseded, an Executive Regulation issued under Chapter 3 before the effective date of this Act [April 11, 2002] remains in effect to the extent the regulation is consistent with this Act. This Act does not apply to a violation of Chapter 3 that occurred before this Act took effect [April 11, 2002].
Former § 3-6, “Control and prohibition of open fires,” was repealed, reenacted with amendments, retitled, and renumbered § 3-8, pursuant to 2002 L.M.C., ch. 6, § 1
(a) A person must not cause or allow any material to be handled, transported, or stored, or any building or road to be constructed, altered, repaired, or demolished, without taking reasonable precautions to prevent particulate matter from becoming airborne.
(b) Unless the Director finds otherwise in a particular situation, reasonable precautions include:
(1) using water or chemicals to control dust when demolishing a building or structure, undertaking construction operations, grading a road, or clearing land;
(2) applying asphalt, water, or suitable chemicals on a dirt road, materials stockpile, or other surface that can create airborne dust;
(3) installing and using hoods, fans, and dust collectors to enclose and vent the handling of dusty materials, and employing reasonable containment methods to prevent the release of particulate matter during sandblasting or similar operations;
(4) covering each open-bodied vehicle used to transport any material likely to create air pollution at all times when the vehicle is moving;
(5) paving a roadway and maintaining it in clean condition; and
(6) promptly removing earth or other dust-producing material from a paved street to which the material was transported by truck, earth moving equipment, or water erosion. (2002 L.M.C., ch. 6, § 1.)
Editor’s note—2002 L.M.C., ch. 6, § 2, states: Transition. Until superseded, an Executive Regulation issued under Chapter 3 before the effective date of this Act [April 11, 2002] remains in effect to the extent the regulation is consistent with this Act. This Act does not apply to a violation of Chapter 3 that occurred before this Act took effect [April 11, 2002].
2002 L.M.C., ch. 6, § 1, repealed former § 3-7, “Permits for certain equipment,” which was derived from 1975 L.M.C., ch. 17, § 1.
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