§ 157.104  PERFORMANCE STANDARDS.
   (A)   Purpose and intent. It is the purpose and intent of these regulations to minimize the adverse effects associated with emissions which occur as a result of various land use activities, particularly industrial use.
   (B)   Plan of development submittal requirements. Upon request by the plan-approving authority, given the nature of extractive, heavy commercial, and industrial activities, the applicant shall submit a certified engineer’s report describing the proposed operation, all machines, processes, products, and by-products; stating the nature and expected levels or emission or discharge to land, air, and water of liquid, solid, or gaseous effluent and electrical impulses and noise under normal operations; and the specifications of treatment methods and mechanisms to be used to control such emission or discharge. The plan-approving authority shall review the applicant’s submission for compliance.
   (C)   General requirements.
      (1)   Noise.
         (a)   Standard. The number of decibels shall not exceed the maximum permitted for octave band, as set forth below, as measured on the lot line of the existing or proposed emitting use.
 
Permissible Sound Levels at Property Lines
Octave Band (Cycles Per Second)
Maximum Decibels
Maximum Decibels Adjacent to a Residential Use
20 - 75
72
66
75 - 150
70
64
150 - 300
65
59
300 - 600
59
53
600 - 1,200
55
49
1,200 - 2,400
47
41
2,400 - 4,800
41
35
Above 4,800
39
33
Table notes:
Agricultural uses are exempt from this provision.
 
         (b)   Measuring methodology. For the purpose of measuring the intensity or frequency of sound, a sound level meter, octave band analyzer, and an impact noise analyzer shall be employed. The “C” network and the “slow” meter response of the sound level meter shall be used. Sounds of short duration, which cannot be measured accurately with the sound level meter, shall be measured with an impact noise analyzer to determine the peak value of the impact. For sounds so measured, the sound pressure levels set forth above in division (C)(1)(a) above may be increased by six decibels. Sounds produced by the operation of motor vehicles or other transportation facilities shall not be included in determining the maximum permitted decibel levels unless associated with a mining activity.
      (2)   Vibration.
         (a)   Standard.
            1.   The maximum steady-state vibration displacement in inches per second shall be as follows:
               a.   Two-hundredths when measured at the property line of an adjoining residence; and
               b.   Five-hundredths when measured at a lot line adjacent to the vibrating activity.
            2.   Impact vibrations may be at twice the maximum for steady-state vibration.
         (b)   Measuring methodology. Steady-state vibrations (discrete pulses that occur more frequently than 60 times per minute), impact vibrations (earth-borne oscillations occurring in discrete pulses at or less than 60 pulses per minute), and vibration frequency (number of oscillations per second) shall be measured with a three-component measuring system. The displacement shall be the maximum instantaneous vector sum of the amplitude in the three directions.
      (3)   Air pollution. The rules and regulations of the State Air Pollution Control Board shall apply to the emission of air contaminants from any source associated with any land use activity.
      (4)   Steam. No visible emissions of steam, having an equivalent capacity greater than 60% and excepting direct results of combustion, shall be permitted within 500 feet of a residence.
      (5)   Heat. Any activity producing intense heat or glare, shall be carried out in such a manner as not to be perceptible at or beyond any lot line.
      (6)   Glare. Required lighting, or lighting permitted by this chapter shall not produce glare in excess of five-tenths candles next to any residential dwelling.
      (7)   Radioactivity. Radioactive emissions shall comply with the regulations of the U.S. Atomic Energy Commission set out in C.F.R. Title 10, Chapter 1, which apply to by-product material, source material, and special nuclear material, as those terms are defined in § 11e., z., and aa. of the Atomic Energy Act of 1954, as amended 42 U.S.C. § 2014(e), (z), and (aa), and the Radiation Health and Safety Act of 1968 (Pub. Law No. 90-602), as amended, or the implementing regulations of the State Department of Health.
      (8)   Solid waste and liquid pollution. The discharge or other release of liquid or solid waste into public or private sewerage disposal and treatment systems, storm drains, or public waters shall comply with all applicable laws, rules, and regulations governing such discharge or release including, but not limited to, the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq., and the State Water Control Law, VA Code §§ 62.1-44.2 et seq..
      (9)   Toxic matter. The emission of chemicals, gases, components, or elements listed as being toxic matter by the Environmental Protection Agency or any state regulatory boards, including the State Water Control Board and State Air Pollution Control Board, shall only be permitted if the emissions comply with regulatory standards. An entity emitting toxic matter shall advise local emergency service (fire and rescue) facilities of such so that emergency service personnel will be able to respond knowledgeably and effectively in the event emergency services must be administered.
      (10)   Odor. No odor shall be emitted that is detectable by the human sense at or beyond an adjacent lot line so as to be detrimental or injurious to the life, health, safety, comfort, or welfare of adjacent occupants or residents. There is hereby established as a guide in determining such quantities of offensive odors, Table III (Odor Thresholds) in Chapter 5 of the Air Pollution Abatement Manual published by the Manufacturing Chemists Association, Inc. Odors associated with permitted agricultural operations are exempt from this requirement.
(Ord. passed 11-9-1995)  Penalty, see § 157.999