(a) Particles. No person shall cause, suffer or allow to be emitted into the atmosphere from any incinerator, or to pass a convenient measuring point near the stack outlet, particulate matter in the exhaust gases to exceed: 0.10 pounds per one hundred (100) pounds of combustible refuse charged, for incinerators having capacities equal to or greater than one hundred (100) pounds per hour; or 0.2 pounds per one hundred (100) pounds of combustible refuse charged for incinerators having capacities less than one hundred (100) pounds per hour.
(b) Visible Air Contaminants (Smoke).
(1) No person shall discharge into the atmosphere from any incinerator any air contaminant of a shade or density equal to or darker than that designated as No. 1 on the Ringelmann Chart or twenty percent (20%) opacity, except as set forth in Subparagraph (2) hereof.
(2) A person may discharge into the atmosphere from an incinerator for a period or periods aggregating not more than three (3) minutes in any sixty (60) minutes or for a period of time deemed necessary by the Director, air contaminants of a shade or density not darker than No. 2 on the Ringelmann Chart or forty percent (40%) capacity.
(c) Unburned Waste and Ash. No person shall cause, suffer, allow or permit the emission of particles of unburned waste or ash from any incinerator which particles are individually large enough to be visible while suspended in the atmosphere.
(d) Odors. No person shall construct, install, use or cause to be used any new or existing incinerator which results in odors being offensive by sense of smell in any area of human use or occupancy.
(e) Emission and Stack Tests. When the Director has reason to believe that an emission in excess of those allowed by this Chapter is occurring or has occurred from time to time, he may order emission and stack tests pursuant to subparagraphs (1), (2), (3) and (4) of this subsection (e).
(1) Any person responsible for the construction, installation, alteration or use of an incinerator shall, when ordered by the Director, provide the facilities and necessary equipment for determining the density of smoke being discharged from a stack or chimney and shall conduct such smoke tests using methods approved by the Director, including, when requested by the Director, tests on a similar unit prior to construction or installation of a new incinerator. All smoke test data shall be recorded in a permanent log at such time intervals as specified by the Director. The data shall be maintained for a period of not less than one (1) year and shall be available for review by the Director.
(2) Any person responsible for the use of a new or existing incinerator shall, upon request of the Director, provide such sampling facilities and testing facilities exclusive of instruments and sensing devices as may be necessary for the Director to determine the nature and quantity of emissions from such incinerator and shall, during such testing, operate the incinerator at a charging rate of waste no less than the designed capacity of the incinerator using the materials representative of the types of wastes normally burned and, to the extent possible, under standard conditions. Such facilities may be either permanent or temporary, at the discretion of the person responsible for their provision, and shall conform to all applicable laws and regulations concerning safe construction or safe practice.
(3) When any incinerator has caused an air pollution nuisance by repeated violations of this Chapter, the Director may, at his discretion, require that such incinerator be equipped with an air contaminant recording device with an audible alarm set so as to become activated upon reaching prohibited levels of emission, which device shall be maintained in proper operating conditions at all times. Records from such recording device shall be maintained for a period of not less than one (1) year and shall be available for review by the Director.
(4) If emission tests conducted as a result of the action of the Director substantiate that a violation of this Chapter exists, the person or persons responsible for the violation shall be responsible for paying all attendant costs for conducting the tests. If the tests do not show that a violation exists, then the City shall be responsible for paying all costs for conducting such tests. In no event shall the City assume costs of providing facilities, utilities and access for such testing. When the person responsible elects to conduct his own emission tests, then the person so electing shall pay for the test or tests notwithstanding other provisions of this Section, and irrespective of the result. The costs of emission tests required by the Director, on newly installed equipment, for the issuance of the permit to install and the issuance of the certificate of operation shall be at the expense of the permittee regardless of results.
(f) Circumvention and Right of Entry.
(1) No person shall build, erect, install or use any article, machine, equipment or other contrivance, the sole purpose of which is to dilute or conceal an incinerator emission without resulting in a reduction in the total release of air contaminants to the atmosphere nor shall a person do anything nor commit any act with the intent to distort incinerator emission tests or results.
(2) Whoever in any manner hinders, obstructs, delays, resists, prevents or in any manner interferes or attempts to interfere with the Director or his representatives in the performance of any duty enjoined by this Chapter, or refuses to permit the Director or such representatives pursuant to an appropriate warrant to perform such duty by refusing them entrance at reasonable hours to any premises in which the provisions of this Chapter are being violated, or are suspected of being violated, or refuses to permit testing, or permit the inspection or examination of such premises for the purpose of the enforcement of this Chapter shall be subject to cancellation of the certificate of operation, or such other action as may be provided by law or by provisions of this Chapter.
(Ord. 42-72. Passed 5-22-72.)