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TITLE 3. AIR MANAGEMENT CODE 1
Chapter 3-100. General Provisions
§ 3-101. Legislative Findings.
§ 3-102. Definitions.
§ 3-103. Enforcement.
Chapter 3-200. Prohibited Conduct
§ 3-201. General Provisions.
§ 3-202. Open Fires.
§ 3-203. Installation and Operation.
§ 3-204. Sealing of Equipment.
§ 3-205. Habitable Structures Over Highways.
§ 3-206. Automotive Facilities.
§ 3-207. Sale of Fuel Oil.
§ 3-208. Tire Cutting.
Chapter 3-300. Administrative Provisions
§ 3-301. Powers and Duties of the Department of Public Health.
§ 3-302. Powers and Duties of the Air Pollution Control Board.
§ 3-303. Powers and Duties of the Department of Licenses and Inspections.
§ 3-304. Inspection.
§ 3-305. Orders.
§ 3-306. Permits and Licenses.
§ 3-307. Fees.
§ 3-308. Powers Reserved to the Department Under Existing Laws.
§ 3-309. Severability.
Chapter 3-400. Air Pollution Control Program
§ 3-401. Delegation to Air Pollution Control Board and the Department of Public Health.
§ 3-402. Environmental Hearing Board.
§ 3-101. Legislative Findings. 2
(1) The City Council of the City of Philadelphia finds:
(a) that the atmosphere over the City is polluted to a degree which:
(.1) is harmful and detrimental to the health, welfare and safety of its inhabitants;
(.2) is injurious to property, vegetation and animal life;
(.3) interferes with the comfortable enjoyment of life, property and recreation, and with the conduct and operation of business and industry;
(.4) creates hazardous conditions for air, water and ground traffic;
(.5) causes nuisances; and
(.6) degrades the quality of the air over wide areas;
(b) that the discharge of air contaminants to the atmosphere over the City of Philadelphia is causing the air to be polluted;
(c) that no one has any right to discharge air contaminants into the atmosphere;
(d) that effective control and elimination of air contaminants is essential to the furtherance of the health and welfare of the City's inhabitants, to the conduct of the normal pursuits of life, recreation, commerce and industrial activity, and to sustaining life in an urban area;
(e) that the emission of toxic air contaminants into the community air increases the risks respecting acute and long-term health effects;
(f) that the presence of toxic substances in a workplace is a potential source of toxic emissions into the community air;
(g) that individuals who live or work in the City have a right to know the generic names of the toxic air contaminants to which they are exposed; and
(h) that individuals who live or work in the City have a right to information concerning the health effects associated with the toxic air contaminants to which they are exposed.
(2) It is the intent and purpose of this Title:
(a) to provide for the effective management of the air resource, to prevent air pollution and air pollution nuisances and to limit control and eliminate air contamination in general from whatever source;
(b) to provide for the establishment of acceptable air quality objectives, to prevent the deterioration of the air quality beyond established goals, to limit, control and prevent emissions of air contaminants into the atmosphere;
(c) to purify and clean the air throughout the City;
(d) to provide individuals who live or work in the City with information about the toxic air contaminants they may be exposed to and the health effects associated with these substances; and
(e) to empower the Air Pollution Control Board to promulgate regulations to effect the above.
(3) It is the further intent of City Council that:
(a) all City of Philadelphia agencies shall cooperate in the implementation of this Title;
(b) wherever permitted by law, the provisions of this Title shall apply to all governmental jurisdictions and their agencies in the operation of facilities located within the City of Philadelphia;
(c) the Department of Public Health of the City of Philadelphia shall cooperate with other governmental jurisdictions in the control and elimination of air pollution; and
(d) contractors and vendors providing services and products to the City shall comply with the requirements of this Title.
§ 3-102. Definitions. 3
The following definitions apply to this Title and the Regulations adopted hereunder.
(1) Aerosol – A dispersion or suspension of small solid or liquid particles or any combination thereof in the air or other gaseous medium.
(2) Ashes – The residue from combustion, including cinders, flash or any other solid material resulting from combustion, as well as partially combusted materials and unburned combustibles.
(3) Air Contaminant – Any smoke, soot, flash, dust, cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, mists, aerosols, vapors, odors, toxic or radioactive substances, water, particulate, solid, liquid or gaseous matter, or any other materials in the outdoor atmosphere.
(4) Air Pollution – The presence in the atmosphere of one or more air contaminants or combinations thereof in such quantities and of such duration that they are or may tend to be injurious to human, plant, or animal life, or property, or that interfere with the comfortable enjoyment of life or property or the conduct of business or other human activities.
(5) Air Pollution Nuisance – The emission or discharge of one or more air contaminants to the atmosphere meeting one or more of the following criteria:
(a) In excess of emission standards promulgated by the Air Pollution Control Board;
(b) In such quantity and of such duration that they do or may tend to:
(.1) interfere with health, repose or safety;
(.2) cause severe annoyance or discomfort;
(.3) lessen food or water intake;
(.4) produce irritation of the upper respiratory tract;
(.5) produce symptoms of nausea;
(.6) be offensive, or objectionable, or both, to persons because of inherent chemical or physical properties;
(.7) be detrimental or harmful to health, comfort, recreation, living conditions, welfare, or safety;
(.8) cause injury or damage to real or personal property of any kind;
(.9) or interfere with the conduct of industry, commerce, or transportation.
(6) Board – means the Air Pollution Control Board.
(7) Cinders – Particles consisting of fused ash or unburned matter.
(8) Carbon Dioxide (CO2) – A colorless, odorless gas at standard conditions which has the molecular formula CO2.
(9) Commercial Fuel – Liquid or gaseous fuel normally produced, manufactured, used or sold for the purpose of creating useful heat.
(10) Condensed Fumes – Minute solid particles generated by the condensation of vapors from solid matter after volatilization from the molten state, or generated by sublimation, distillation, calcination, or chemical reaction when these processes create airborne particles.
(11) Department – The Department of Public Health, Health Commissioner or any authorized representative thereof.
(12) Dust – Solid particles projected into the air and capable of temporary suspension therein.
(13) Facility – The area, buildings, and equipment used by any person at a single location in the conduct of business. 4
(14) Flash – Particulate matter capable of being gasborne or airborne and consisting essentially of fused ash and/or burned or unburned material.
(15) Fuel – Any combustible matter.
(16) Fuel Burning Equipment – Any device, machine, mechanism or structure used in the process of burning fuel for indirect heating.
(17) Fuel Merchant – Any person who stores, offers for sale or sells commercial fuel in retail or wholesale trade, excluding agents, brokers, wholesalers, distributors or producers who sell commercial fuel for use in single steam and/or electric power generating facilities having rated hourly capacities that equal or exceed two hundred (200) million BTU gross heat input, or in a group of steam and/or electric power generating facilities at one location having a combined rated capacity which equals or exceeds four hundred and fifty (450) million BTU gross heat input.
(18) Fuel Oil – A liquid or liquefiable petroleum product burned for lighting or for the generation of heat or power and derived directly or indirectly from crude oil.
(19) Household Appliances – Any electric or gas operated device, commonly used in a dwelling, other than incinerators, heating systems, or hot water heating systems.
(20) Incinerators – All devices, including but not limited to crematories, intended or used for the destruction of garbage or other combustible materials by means of burning, or for the salvage of materials by means of burning of extraneous materials.
(21) Installation, Equipment or Devices – Any assembly or elements or components the operation of which does or may directly or indirectly affect the emission of air contaminants to the atmosphere.
(22) Minor Repairs and Alterations – Repair or alteration of any part of any existing installation, equipment, or device which does not materially alter the quantity or character of discharge or emission into the atmosphere of air contaminants.
(23) Mist – A suspension of any finely-divided liquid in any gas or atmosphere.
(24) Non-Commercial Fuel – Liquid or gaseous fuel not normally produced, manufactured, used or sold for the purpose of creating useful heat.
(25) Odor – Smells or aromas which are unpleasant to persons, or which tend to lessen human food and water intake, interfere with sleep, upset appetite, produce irritation of the upper respiratory tract, or create symptoms of nausea, or which by their inherent chemical or physical nature, or method or processing, are or may be detrimental or dangerous to health. Odors and smell are used herein interchangeably.
(26) Open Fires – Any fire from which the products of combustion are emitted directly into the atmosphere without passing through a stack or chimney.
(27) Particulate Matter – Any material, liquid or solid, except uncombined water, which exists in a finely divided form at standard conditions.
(28) Person – Any individual, natural person, syndicate, association, partnership, firm, corporation, institution, agency, authority, department, bureau, or instrumentality of federal, state or local government or other entity recognized by law as a subject of rights and duties.
(29) Smoke – Small gas-borne particles resulting from combustion, consisting of carbon, ash, and other material.
(30) Soot – Agglomerated particles consisting mainly of carbonaceous material.
(31) SSU Viscosity – The number of seconds it takes 60 cubic centimeters of an oil to flow through the standard orifice of a Saybolt Universal Viscometer at 100° F.
(32) Stack or Chimney – A flue, conduit or opening permitting particulate or gaseous emissions into the open air, or constructed or arranged for such purpose.
(33) Standard Conditions – A gas temperature of 60 degrees Fahrenheit and a gas pressure of 14.7 pounds per square inch absolute.
(34) Sulfur Dioxide (SO2) – A colorless gas at standard conditions which has the molecular formula SO2.
(35) Vapor – The gaseous form of a substance which is in the liquid or solid state at customary atmospheric temperature or pressure.
(36) Viscosity – The measure of a fluid's resistance to flow.
(37) Toxic Air Contaminant – A chemical substance or material the discharge of which into the atmosphere, based upon relevant available scientific evidence establishing the toxic, mutagenic and/or carcinogenic effects of such substance or material, may pose a potential hazard to the community in terms of a significant increase in risk of acute or long-term health effects. 5
Any person who shall violate any provision of this Title, any regulation adopted hereunder, any order of the Department, or any condition of any required permit or license shall be subject to one or more of the following sanctions, in addition to any other sanction or remedial procedure imposed by Statutes of the Commonwealth of Pennsylvania or Acts of the United States Government:
(1) Sealing of Equipment. Equipment or processes installed or operated without obtaining the required permit or license, or after revocation thereof, may be sealed by the Department with the approval of the Law Department in order to render it inoperable.
(2) Abatement. 6 Continuing violations of this Title, any regulation adopted hereunder, or any order of the Department made hereunder are hereby declared to be a public nuisance per se. Where the department determines that a nuisance per se exists, the Department, in addition to or in lieu of invoking any other sanction or remedial procedure provided, may either:
(a) Certify the existence of a nuisance per se, to the Department of Licenses and Inspections which shall itself or by contract abate and remove the violation; charge the cost of the abatement or removal to the person responsible therefor; and with the approval of the Law Department, collect the cost by lien or otherwise as may be authorized by law; or
(b) Apply, through the Law Department, to any appropriate Court for relief by injunction or restraining order against any person responsible for the violation.
(3) Compliance. The Department may take action to secure compliance as set forth in Section 3-301 of this Title.
(4) Summons for Moving Violation. When the source of an emission in violation of this Title or the regulations adopted hereunder is mobile, the Department may cause the violator to stop and may forthwith issue a summons to appear in a court of proper jurisdiction to answer charges of violating this Title and the regulations hereunder.
(5) Penalties and Cease Operations Orders. 7 Penalties may be imposed for any of the above violations as follows:
(a) Any person violating any provision of this Title shall be subject to a fine of not less than one hundred fifty (150) dollars and not more than three hundred (300) dollars.
(b) A violation of the same requirement shall be considered as a separate violation for each day the violation continues.
(c) In addition to the penalties outlined in this Chapter, any person who holds a permit and has failed to pay the fines and/or Court costs imposed under this Title within ten (10) days of imposition by a final order from which all appeals have been exhausted shall have all permits suspended and shall cease operation until all fines and costs are paid. In order to enforce this provision, the Department of Licenses and Inspections may, without further notice, issue a Cease Operations Order setting forth the unpaid fines and/or Court costs and cause the premises to be vacated of all employees, patrons and occupants until all such charges are paid.
(d) Any Cease Operations Order issued by the Department of Licenses and Inspections shall be posted at every entrance to the premises in conspicuous places clearly visible to the public and shall remain posted until removed by the Department of Licenses and Inspections. The violator shall promptly notify the Department of Licenses and Inspections when payment has been made.
(e) No person shall remove, damage or deface any Cease Operations Order.
(f) The Department of Licenses and Inspections shall promptly notify the Police of the issuance of every Cease Operations Order of the removal thereof. The Police, upon the request of the Department of Licenses and Inspections, shall render assistance in the enforcement of any Cease Operations Order and shall have the right to enter any premises for such purposes.
(g) Any person with knowledge of a Cease Operations Order who permits the premises to be occupied after a Cease Operations Order has been issued ordering the premises vacated, or who removes, damages or defaces any Cease Operations Order shall be subject to arrest by the Police and issued a citation and summons in such manner as provided by the Pennsylvania Rules of Criminal Procedure applicable in Philadelphia to summary offenses.
(6) Repeat Offenders. 8 Any person who commits, on more than one occasion, a violation of any provision of this Title, shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than three hundred (300) dollars, or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall constitute a separate Repeat Violation offense.
Source: 1969 Ordinances, p. 1573.
Amended, 1981 Ordinances, p. 88.
Amended, 1973 Ordinances, p. 792.
Added, 1973 Ordinances, p. 792.
Added, 1981 Ordinances, p. 88.
Amended, 1972 Ordinances, p. 813.
Amended, 1990 Ordinances, p. 715; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081.
Added, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081.