CHAPTER 21
SMOKE ABATEMENT AND AIR POLLUTION CONTROL
SMOKE ABATEMENT AND AIR POLLUTION CONTROL
Generally 1
This Chapter is adopted for the following purposes: to regulate the production and emission of smoke and other matters of such character as to create air pollution within the Village; to provide for the measurement and control of such emissions; to provide for permits for alteration, installation, construction, reconstruction, addition to, repair and use of incinerators and air pollution control equipment; to provide for the issuance of permits and certificates for operation and for fees thereof; to provide fines and penalties for violations of the provisions of this Chapter; to establish the Director of Community Development as enforcement officer.
The following words and phrases shall have the meanings, and are hereby defined, as follows:
AIR CONTAMINANT: Any dust, fumes, gas, mist, noxious acid, smoke, vapor, odor or particulate matter or any combination thereof present in the atmosphere.
AIR POLLUTANTS: Anything that causes air pollution as hereinafter defined.
AIR POLLUTION: 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 as is likely to be injurious to public welfare, to the health of human, plant or animal life, or to property or which interferes with the enjoyment of life and property, as specified in the smoke emission maxima table in Section 21-1-3 of this Chapter.
AIR POLLUTION CONTROL EQUIPMENT: Fly-ash collector, electrostatic precipitator, stack spray, smoke-arresting or smoke-preventing equipment, dust-separating equipment and similar equipment.
ASHES: Cinders, fly-ash, unburned combustibles, or any other solid material resulting from combustion.
ASME: The American Society of Mechanical Engineers.
ASTM: The American Society of Testing and Materials.
BREECHING: Any conduit for the transport of products of combustion or processes to the atmosphere or to any intermediate device before being discharged into the atmosphere. It does not include the chimney or stack.
BUILDING A NEW FIRE: The period during which a fresh fire is being started. It does not mean the process of replenishing an existing fuel bed with additional fuel.
CHIMNEY OR STACK: Any conduit, duct, vent, flue or opening of any kind whatsoever arranged to conduct any products of combustion to the atmosphere. It does not include breechings, as defined herein.
CLEANING FIRES: The act of removing ashes from the fuel bed or furnace.
COMBUSTIBLE REFUSE: Any combustible waste material containing carbon in a free or combined state, other than liquids or gases.
COMBUSTION EQUIPMENT OR DEVICE: See FUEL BURNING, COMBUSTION or PROCESS EQUIPMENT OR DEVICE.
CONSTRUCTION: The installation or erection of any fuel burning, combustion or process equipment or device.
DIRECTOR: The Director of Community Development of the Village of Oak Park and his authorized representatives.
DOMESTIC REFUSE BURNING EQUIPMENT: Any refuse burning equipment or incinerator used in a single family or two (2) family residence.
DUST: Particulate matter released into the air by natural forces or by any fuel burning, combustion or process equipment or device, or by construction work, or by mechanical or industrial processes.
DUST-SEPARATING EQUIPMENT: Any device for separating dust from the air or gas medium in which it is carried.
FLUE: An enclosed passageway in a chimney or smokestack used for the removal of the products of combustion.
FLY-ASH: Particulate matter capable of being gasborne or airborne and consisting essentially of fused ash and/or burned or unburned materials.
FUEL: Any form of combustible matter, solid, liquid, vapor or gas, except that refuse shall not be considered a fuel.
FUEL BURNING, COMBUSTION OR PROCESS EQUIPMENT OR DEVICE: Any furnace, incinerator, fuel burning equipment, refuse burning equipment, boiler, apparatus, device, mechanism, air pollution control equipment, stack, chimney, breeching or structure used for the burning of fuel or other combustible material, or for the ignition of products of combustion.
FUEL OIL: Oil commonly used as fuel.
FUMES: Gases, vapors or particulate matters that are of such character as to cause air pollution.
FURNACE: An enclosed space provided for the ignition and/or combustion of fuel.
GARBAGE: Animal and vegetable wastes originating in dwelling units, residences, kitchens, restaurants, hotels and produce markets.
INCINERATOR: Any device intended for or used for the destruction of garbage or other combustible refuse or waste materials by burning.
LOW VOLATILE SOLID FUEL: A solid fuel, the volatile content of which is twenty three percent (23%) or less on an ash free and moisture free basis, or a solid fuel approved as hereinafter stated.
MULTIPLE CHAMBER INCINERATOR: Any incinerator consisting of two (2) or more refractory lined combustion furnaces in series, physically separated by refractory walls, interconnected by gas passage ports or ducts and designed for maximum combustion of the material to be burned. It shall not include a heating plant.
NATIVE LANDSCAPING: The use of plants that are indigenous to Northeast Illinois (see "Plants Of The Chicago Region", Swink and Wilhelm, 1994) and are intentionally planted by a resident or property owner. An area may be considered native landscaping if at least seventy five percent (75%) of the plant species present in a given area are deemed native by Swink and Wilhelm, 1994.
NOXIOUS ACIDS: Anhydrous or hydrous acid forms in concentration high enough to be toxic or to cause "air pollution" as defined in this chapter.
OPEN AIR: All spaces outside of buildings, stacks or exterior ducts.
OPEN FIRE: Any fire from which the products of combustion are emitted directly into the open air without passing through a stack or chimney.
PARTICULATE MATTER: Material other than water, which is or has been suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid.
PERSON: Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, state agency, or any other legal entity, or any operator, user, owner, employee or any representative thereof acting in any capacity.
PREMISES: Any real estate or real property.
PROCESSES OR PROCESS EQUIPMENT: Any action, operation or treatment embracing any form of manufacturing or processing which may emit smoke, particulate matter or other matter.
RECONSTRUCTION: Any material change or alteration of any existing fuel burning combustion or process equipment or device from that physical or operating condition for which approval was last obtained; or the addition, removal or replacement of any appurtenances or devices which materially affect the method or efficiency of preventing the discharge of pollutants into the atmosphere.
REFUSE: Garbage, rubbish or trade waste, or any combination thereof.
REFUSE BURNING EQUIPMENT OTHER THAN DOMESTIC: Any refuse burning equipment or incinerator used in multiple dwelling units containing more than two (2) apartments, hotels, rooming houses, boarding houses, garages, schools, hospitals, churches, office buildings, stores, institutions and all commercial and industrial establishments.
RINGELMANN CHART: The chart published and set forth from time to time by the U.S. bureau of mines and on which are illustrated the graduated shades of gray to black for use in estimating the light obscuring capacity of smoke.
RINGELMANN NUMBER: The number appearing on the Ringelmann chart ascribed by the observer to the density or equivalent opacity of the smoke emission.
RUBBISH: Waste material including, but not limited to, rags, clothes, leather, rubber, carpets, wood, excelsior, leaves, paper, ashes, tree branches, yard trimmings, furniture, tin cans, glass, crockery, masonry, and other similar materials.
SHALL; MAY; TENSE; NUMBER; GENDER: The word shall is mandatory; the word may is permissive. The present tense shall include the future tense; the singular number, the plural; the plural number, the singular; the masculine gender, the feminine and the neuter.
SMOKE: Small gasborne particles, other than water, in sufficient number to be observable.
SMOKE UNIT: The number obtained by multiplying the density of smoke observed, transcribed into a Ringelmann number, by the duration emission in minutes.
SOLID FUEL: Any material in its solid state, capable of being consumed by a combustion process, except that refuse shall not be considered a fuel.
STACK SPRAY: A nozzle or series of nozzles installed in a stack above the breaching, used to inject wetting agents at high pressure to suppress the discharge of particulate matter from the stack.
TRADE WASTE: Solid or liquid materials including, but not limited to rubbish, plastic products, chemicals and cinders which result from any construction work, business, trade or industry.
VILLAGE: The Village of Oak Park.
VOLATILE MATTER: The gaseous constituents of solid fuels as determined by the standard ASTM procedure, amended or revised to date. (1981 Code; amd. Ord. 2013-0-44, 6-17-2013)
Loading...