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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)
A. It shall be unlawful within the Village for any person owning or operating, whether as principal, agent or employee, any fuel burning combustion or process equipment or device, or portable boiler, to cause, suffer or allow the emission or discharge of any smoke or other air contaminant, from any single such source into the atmosphere, except in conformity with the limits set forth in the following table:
SMOKE EMISSION MAXIMA
Operation | Ringelmann Chart Number
| Minutes Per 60 Minutes
|
Operation | Ringelmann Chart Number
| Minutes Per 60 Minutes
|
Continual | 4-5 | 0 |
3 | 0 | |
2 | 8 | |
1 | 60 | |
Maximum smoke units per 60 minutes | 68 | |
Building new, banking and cleaning fires, soot blowing and process purging | 4-5 | 0 |
3 | 6 | |
2 | 12 | |
1 | 60 | |
Maximum smoke units per 60 minutes | 84 | |
Frequency | ||
Building new fires | Once daily | |
Cleaning or banking fires, soot blowing or process purging | 1 time per 6 hours | |
(During continual operation, smoke of densities 2 or 1 as read on the Ringelmann scale is permitted. However, number 2 smoke is permitted only for 8 minutes per hour.
For the purpose of cleaning and banking fires, soot blowing or process purging, number 3 smoke as read on the Ringelmann scale is allowed for 6 minutes, and number 2 smoke for 12 minutes every 6 hours.
For the purpose of building new fires, number 3 smoke is permitted for 6 minutes and number 2 smoke for 12 minutes every 24 hours.
Smoke of number 4 or 5 density is never permitted. Smoke of number 1 density is permitted at all times.)
1. The Ringelmann chart shall be the standard for determining the appearance, density or shade of smoke. The scale should be held at arm's length at which distance the dots in the scale will blend into uniform shades. Observer's line of observation should be at right angles to the direction of smoke travel. Observer should not be less than one hundred feet (100') nor more than one-fourth (1/4) mile from the stack. Observer should avoid looking toward bright sunlight. The background immediately beyond the top of the stack should be free of buildings or other dark objects. Where the density of the smoke as observed falls between two (2) consecutive Ringelmann numbers, the lower Ringelmann number shall be considered the density of smoke observed. For the purpose of calculating smoke units, a Ringelmann density reading shall be made at least once every minute during the period of observation; and each reading shall be multiplied by the time in minutes during which it is observed. The various products thus obtained shall be added together to give the total number of "smoke units" observed during the total period under observation.
The Ringelmann chart as published by the United States bureau of mines is adopted by reference and three (3) copies of said chart are on file in the office of the Village Clerk and available for public use, inspection and examination.
2. Air contaminants exceeding the limits set forth in the preceding table may be summarily abated by the Director of Community Development. Such abatement may be in addition to the fine hereinafter provided.
B. It shall also be unlawful for any person owning or operating, whether as principal, agent or employee, any fuel burning, combustion, or process equipment or device or portable boiler or open fire to cause, suffer or allow the operation thereof, with any solid fuel, other than low volatile solid fuel. The Director shall maintain and upon request furnish a list of brands or trade names of fuels which have been tested for conformity with the provisions of this chapter and which, as a result of such tests, have been approved. Adequate supplies of such fuel shall be made available to the Director to conduct such reasonable tests as he shall deem necessary to determine that such fuel meets the standards hereinbefore established. The reasonable expense of any such tests shall be borne by the person seeking the approval of such fuel.
C. It shall also be unlawful for any person owning or operating, whether as principal, agent or employee any fuel burning, combustion, process equipment or device or portable boiler to cause, suffer or allow the burning of any combustible refuse except in a multiple chamber incinerator equipped with auxiliary automatic gas firing equipment with adjustable operation cycle timers and pilot and flame failure protective devices. Such multiple chamber incinerators shall not be of the flue fed type. This provision shall not apply to domestic refuse burning equipment.
Incinerators shall be constructed in accordance with the applicable standards as set forth in the publication "Incinerator Standards", published from time to time by the Incinerator Institute Of America, and they shall be of the requisite capacity as shown in the incinerator capacity chart therein.
"Incinerator Standards" published by Incinerator Institute Of America is adopted by reference and three (3) copies of said publication are on file in the office of the Village Clerk and available for public use, inspection and examination.
Where only the combustion of type I waste, as defined in the publication "Incinerator Standards" published from time to time by the Incinerator Institute Of America, is to take place in a multiple chamber incinerator, the Director may, at his discretion, waive the requirement for auxiliary automatic gas firing equipment with adjustable operation cycle timers. This waiver may be rescinded upon a finding by the Director that the actual use of the incinerator is in violation of the requirements of this section.
Existing flue fed class II incinerators as defined in the publication "Incinerator Standards" published from time to time by the Incinerator Institute Of America, may continue to be used provided that they meet or are modified to meet the following requirements:
1. These incinerators shall be served by a separate flue to which only the incinerator will be connected.
2. Flue door openings shall be designed so that the clear opening of the door shall not exceed one-third (1/3) of the cross sectional area of the flue.
3. Flue doors and frames shall be approved and labeled by the Underwriters Laboratories, Inc.
4. Flue doors shall be self-closing.
5. These incinerators shall be equipped with auxiliary automatic gas firing equipment with adjustable operation cycle timers.
6. The auxiliary gas firing equipment shall be equipped with pilot and flame failure protective devices.
7. These incinerators shall have a roof mounted settling chamber proportioned to reduce gas velocity to one-fourth (1/4) of the velocity in the flue.
8. These incinerators shall have a chimney height of five feet (5') above the highest point of the building or above any obstruction within fifty feet (50') of the chimney.
9. These incinerators shall have a minimum grate area of fifteen-hundredths (0.15) square feet per sleeping room or efficiency unit.
10. These incinerators shall have a minimum volume of three (3) cubic feet for each square foot of grate area.
11. These incinerators shall have secondary or overfire air provided through adjustable openings equivalent in area to two (2) square inches per square foot of grate area. (1981 Code)
D. No open fires are allowed. No person shall burn leaves or other refuse in an open fire.
Exceptions:
1. Open fires which are used for cooking food at public and private gatherings are permitted. However, they shall meet the smoke requirements of this chapter and applicable nuisance provisions of this code.
2. Open fires used for the management of native landscaping provided the property owner first obtains a permit from the Oak Park Fire Department prior to the open fire. Such permit shall be issued without charge. If the fire is to occur on public property such as the parkway, the property owner must apply at least ten (10) days prior to the fire. The permit shall be conditioned on the property owner complying with the following restrictions:
a. The property owner shall provide proof of required permits from the Illinois Environmental Protection Agency and the Cook County Department of Environmental Control to the Fire Department and the Public Works Department.
b. If the burn is to occur on Village property or on the public right of way, the property owner must protect Village property such as trees, utility poles and other Village property in the public right of way from damage in accordance with the direction of the Public Works Department and the Fire Chief.
c. An adult shall be present at all times during the open fire.
d. The property owner must have means available to extinguish the fire such as a charged garden hose or water buckets at all times during the fire.
e. No additional yard waste shall be added to the open fire.
f. The fire is not permitted on any day when wind speeds are in excess of fifteen (15) miles per hour.
g. No fire shall be allowed within fifteen feet (15') of any structure.
h. Burns may only occur between December 1 and April 30.
i. No accelerant shall be used except drip torch fuel from a drip torch. (Ord. 2013-0-44, 6-17-2013)
The administration and enforcement of the local air pollution control effort shall be by and under the direction and control of the Director of Community Development whose duties shall be as follows:
A. To supervise the enforcement of all laws, ordinances, rules and regulations pertaining to air pollution control as provided in this chapter.
B. To investigate complaints of violations of this chapter and to make inspections and observations of air pollution conditions.
C. To examine, approve the plans of and make inspections of newly installed, constructed, reconstructed, repaired or altered incinerators and smoke prevention and air pollution control devices within the Village and to make periodic inspections thereof as herein provided, to determine whether such equipment is in compliance with the provisions of this chapter.
The Director is hereby authorized to make inspections of all buildings, structures and premises located within the Village to determine their compliance with the provisions of this code. For the purpose of making such inspections, the Director is hereby authorized to examine and survey all buildings, structures and premises within the Village. Such inspections shall be made at reasonable hours, subject to the following standards and conditions:
1. Such inspection may take place only in connection with a complaint, which in the opinion of the Director, provides reasonable grounds for belief that a violation exists or if the inspection is part of a regular inspection program.
2. Any person inspecting a premises shall furnish to the owner, occupant or operator concerned sufficient identification and information to enable the owner, operator or occupant to determine both the inspector's identity as a representative of the Village and the purpose of the inspection. The Director or the Village Manager may apply to any court of competent jurisdiction for a search warrant or other legal process for the purpose of securing entry to any premises if the owner shall refuse to grant entry.
D. To issue all permits, certificates, notices or other matters required under the provisions of this chapter, and to notify all persons concerned of any decision he may render.
E. To prepare and deliver notices of violation as hereinafter described.
F. To institute necessary proceedings to prosecute violations of this chapter and to compel the prevention and abatement of air pollution, or nuisances arising therefrom.
G. To investigate and make recommendations from time to time to the Village Board of Trustees with respect to needed additions or revisions to this chapter, or any other ordinance pertaining to air pollution control.
H. To make further written rules, consistent with this chapter. These rules shall be available to the public at the Director's or Village Clerk's office.
I. To do any and all acts which may be necessary for the successful prosecution of the purposes of this chapter and such other acts as may be specifically enumerated herein as his duties.
J. The Village shall provide such instruments, books, papers, equipment and personnel as shall be necessary for the proper performance of the duties of the Director. (1981 Code)
It shall be the duty of owners or agents of any fuel burning, combustion or process equipment or device to instruct, or cause to be instructed, the operators, operating crews, enginemen, firemen, janitors, or any other person operating such equipment or device about the proper operation of such equipment or device.
The Director is hereby authorized to issue notices of violation for the purpose of giving notice to persons allegedly violating any of the provisions of this chapter or other ordinances relating to air pollution. If at the time of any original or other inspection, it is found that any fuel burning, combustion or process equipment or device or premises is being operated or managed in violation or is in such a condition or so installed as to cause a violation of any requirements provided in this chapter, the Director shall give notice in writing within ten (10) days after the inspection to any or all persons known by him to operate or have control of such equipment or device or premises, of the defective equipment or device, condition, operation or violation. Such notice may be given by the Director by personal service to any person owning, occupying, operating, or in charge of the equipment or device or premises involved, or by mailing a copy thereof directed by registered mail to the last known address of the person to be notified, or by posting a copy of said notice in a conspicuous place in or about the premises containing the alleged violation. Such notice may include more than one alleged violation and may specify a period of time for compliance, which shall be such time as, in the opinion of the Director, is reasonably required to effect changes necessary for compliance. Such notice may contain an outline of remedial action, which if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto. The giving of notices is not a prerequisite to an abatement or prosecution. (1981 Code)
A. It shall be unlawful for any person to install, erect, construct, reconstruct, alter or add to, or cause to be installed, erected, constructed, reconstructed or altered or added to any incinerator or air pollution control equipment within the Village, except domestic refuse burning equipment, or to make or cause to be made major repairs thereon in the Village until an application for installation and operating permits on forms supplied by the Department of Community Development, including suitable plans and specifications therefor and an identification of the structures or buildings used in connection therewith, has been filed in duplicate by the owner, contractor, installer or other person or his agent, in the office of the Director. In order for any application so filed to be approved by the Director he must agree that the equipment is so designed that the same can be managed and operated to conform to the provisions of this chapter. After this approval the Director will authorize the issuance of an installation permit for such installation, erection, construction, reconstruction, alteration or addition.
B. The plans and specifications submitted, pursuant to the foregoing paragraph, shall be prepared under the direction of, or approved by, a registered professional engineer, registered in the state of Illinois; and bear his seal. (1981 Code)
A. Upon finding that any incinerator or air pollution control equipment inspected complies with the provisions of this chapter and after payment of the prescribed fee, the Director shall issue a certificate of operation which shall be posted in a conspicuous place at or near the equipment. Upon any subsequent inspection, if the Director finds that any such equipment fails to comply with the provisions of this code, he shall issue a revocation of the certificate of operation.
B. It shall be unlawful for any person or his agent to use or operate any equipment which is subject to inspections as hereinafter set forth, without having an effective certificate of operation therefor. (1981 Code)
Fees shall be paid in the office of the Village Clerk. Fees for the inspection of plans and issuance or installation permits for the installation, erection, construction, reconstruction, alteration of or addition to incinerators or air pollution control equipment except domestic refuse burning equipment, shall be as follows:
A. Inspection Of Plans: For inspection of plans for new equipment and equipment about to be reconstructed or repairs or alterations: Five dollars ($5.00) per installation.
B. Original Inspection Fees: For the examination or inspection of any new or reconstructed incinerator or air pollution control equipment after its erection or reconstruction and before its operation and maintenance, except domestic refuse burning equipment: Twenty five dollars ($25.00) per installation.
C. Periodic Inspection Fees: For the periodic inspection of incinerators or air pollution control equipment except domestic refuse burning equipment: Fifteen dollars ($15.00) per installation. (1981 Code)