Loading...
(a) The Commissioner of Air and Water Pollution Control is hereby authorized to prepare and promulgate rules and regulations for the installation and operation of equipment and devices that are susceptible for use in a manner that violates the provisions of this chapter.
(b) The Commissioner may from time to time alter, amend or rescind the rules and regulations and promulgate amended or additional rules and regulations as shall be deemed advisable. Rules and regulations that may be prepared, revised, amended or rescinded shall be effective thirty days after their publication and copies provided for distribution at the office of the Commissioner.
(Ord. 574. Passed 6-22-64.)
(a) No person shall construct, install or alter any fuel-burning equipment or any equipment pertaining thereto, other than that to be used to serve a dwelling, for use within the City, until an application, including suitable plans and specifications of the fuel-burning equipment and structures or buildings used in connection therewith, has been filed in duplicate by the person or his agent in the office of, and has been approved in writing by, the Commissioner of Air and Water Pollution Control.
(b) The abovementioned plans and specifications shall show the form and dimensions of the fuel-burning equipment and, more particularly, the proposed boiler, furnace, fuel burner, stack and ducts, including any other types of equipment such as kilns, cupolas, etc., together with the description of the building or part thereof in which fuel-burning equipment is to be located, including the means provided for admitting the air for combustion. The character of the fuel to be used, the maximum quantity of such fuel to be burned per hour, the operating requirements and the use to be made of such fuel-burning equipment shall be stated.
(c) However, maintenance or minor alterations which do not change the capacity of such fuel-burning equipment and which do not involve any change in the method of combustion, or adversely affect the emission of smoke, dust, gases or fumes therefrom, may be made without such written approval. Further, an emergency repair may be made prior to the application for and issuance of the written approval in the event an emergency arises and serious consequences would result if the repair were to be deferred. When such repair is made in an emergency, application for the written approval therefor shall be filed in duplicate by the person or his agent in the office of the Commissioner on the first business day following the starting of the work.
(d) An application shall be approved or rejected within ten days after it is filed in the office of the Commissioner.
(e) Without the approval of the Commissioner no construction, installation or alteration shall be made which is not in accordance with the plans, specifications and other pertinent information upon which the written approval was issued.
(f) Substantial deviation from the plans and specifications on which the written approval was issued shall be sufficient cause for the Commissioner to stop all work; he is hereby authorized to seal the installation. Work shall not proceed until the Commissioner is assured that such deviation will be corrected and that the work will proceed in accordance with the plans and specifications upon which written approval was issued.
(g) No person shall violate the seal of any equipment that has been sealed at the direction of the Commissioner unless authorized by him in writing to do so.
(h) Each day of work of such construction, installation or alteration in violation of this section shall constitute a separate offense.
(i) If construction, installation or alteration is not started within one year of the date of the written approval of the Commissioner, such approval shall become void.
(j) The issuance by the Commissioner of any written approval shall not be held to exempt the person to whom such written approval has been issued from prosecution for the emission of smoke, dust, gases and fumes prohibited by this chapter.
(k) Any person violating any of the provisions of this section shall be subject to the fine provided in Section 1321.99.
(Ord. 574. Passed 6-22-64.)
(a) No person shall cause or allow to be emitted into the open air any foreign materials such as dust, gases, fumes, mists, vapors, smokes and odors in quantities which, by reason of their objectionable properties, shall be considered a nuisance because they:
(1) Injure or have a harmful effect upon the health or safety of any person or the public;
(2) Create a disagreeable odor in the atmosphere;
(3) Cause damage to property;
(4) Have a deleterious effect upon trees, plants or other forms of vegetation.
(b) No person shall operate or cause to be operated, maintain or cause to be maintained, any equipment or device which, by its operation, will cause the emission of dusts, gases, fumes, mists, vapors, smokes and odors without maintaining and operating efficiently corrective measures while using such equipment or device. “Corrective measures” means a method, device or contrivance to reduce the quantity of dusts, gases, fumes, mists, vapors, smokes and odors emitted into the open air, and which is operated in conjunction with such equipment or device so that the quantity of dusts, gases, fumes, mists, vapors, smokes and odors emitted into the open air shall not violate the above provisions. Application of the provisions of this subsection to specific cases shall take into account the number of boilers and other fuel-burning devices connected to a given stack or chimney, because the emission from a given stack or chimney is a function of the number of units connected to it.
(c) No person shall cause or allow to be discharged from any fuel-burning equipment, internal combustion engine, premises or open fire, smoke the shade or density of which is equal to No. 2 of the Ringelmann Chart for a period aggregating four minutes or more in any thirty minutes, or smoke the shade or density of which is equal to No. 2 but not greater than No. 3 of the Ringelmann Chart except for a period or periods aggregating three minutes in any fifteen minutes when building a new fire, cleaning a fire or when breakdown of equipment occurs such as to make it evident that the emission was reasonably preventable.
(d) For the purpose of grading the shade or density of smoke, the Ringelmann Chart as now published and used by the U.S. Bureau of Mines, which is hereby made a part of this chapter by reference, shall be the standard.
(e) No person shall cause or allow to be discharged from any fuel-burning equipment or premises or pass any convenient measuring point in the stack, dust in the gases to exceed 0.85 of a pound per 1,000 pounds of gases, adjusted to twelve percent CO2 content or the amount of solids in the Apparatus of the American Society of Mechanical Engineers, revised and amended to date, which is hereby made a part of this chapter by reference.
(f) All new installations of pulverized fuel-burning equipment, spreader stokers or any similar suspension-burning types shall be provided with dust-separating equipment as approved by the Commissioner of Air and Water Pollution Control.
(g) No person shall cause or allow to be discharged from any fuel-burning equipment, internal combustion engine, railroad locomotive, vehicle, premises, open fire or stack, fumes that are a detriment to the property of others or that are a nuisance to any person not being therein or thereupon engaged.
(h) All newly constructed or reconstructed solid or liquid fuel-burning plants having more than 500 square feet of boiler-heating surface (fifty H.P.), or its equivalent, shall be equipped with smoke indicators, mirrors or similar devices, approved by the Commissioner to enable the firemen to observe the top of his stack or stacks from the boiler room at all times unless the top of the stack is readily visible to the fireman from the boiler room without the use of such devices. In plants where a fireman is not in constant attendance in the boiler room, the smoke indicator shall be of a type which will sound an alarm or flash a signal to attract the attention of the fireman. Any existing plant which emits unlawful smoke may be required to install such indicating devices.
(i) After any person or the owner of any premises has been previously notified of three or more violations of this section within any consecutive twelve month period, in respect to the emission of smoke, dust, gases or fumes, the person or the owner of such premises shall be notified to show cause before the Commissioner on a day certain, not less than ten days from the date of notice, why the equipment causing such violations should not be sealed. The notice herein provided for may be given by mail directed to the last known address of the person to be notified, or if the person or his whereabouts is unknown, then by posting a notice on or near the premises at which violations have occurred. Upon this date the person may appear and be heard. Upon such hearing, if the Commissioner finds that adequate corrective means and methods have not been employed to correct the cause of such conditions, then he shall seal the equipment until such time as the written approval of the Commissioner, as provided for in this chapter, has been applied for and issued for the equipment.
(j) No person shall violate the seal of any equipment that has been sealed at the direction of the Commissioner unless authorized by him in writing to do so.
(k) Each day's violation of this section shall constitute a separate offense.
(Ord. 574. Passed 6-22-64.)
Tests shall be made of the completed installation of fuel-burning equipment or of air or water pollution controlled devices in those cases where this is deemed necessary by the Commissioner of Air and Water Pollution Control, based upon the advice of the Advisory Board. Such tests shall be at the cost and expense of the person making the installation and notice of the time and place of the test shall be given to the Commissioner. The City shall have the right to test equipment to determine whether there is actual violation if the Commissioner deems it necessary.
The owner of any such equipment or devices or his authorized agents shall notify the Commissioner in writing not more than thirty days after the completion of any such installation for which plans and specifications were filed and approved, that such installations have been completed and are ready for tests. He shall, at the same time, inform the Commissioner as to when and by whom the tests required by this chapter are to be conducted. The Commissioner or his agent shall witness the tests. If the stated time is inconvenient to the Commissioner, he may request a postponement to some other reasonable time and the postponement shall be granted.
Nothing in these rules regarding tests conducted by and paid for by the owner or his authorized agents shall be deemed to abridge the rights of the Commissioner to conduct tests of such installations on behalf of the City.
(Ord. 574. Passed 6-22-64.)
No person shall throw, discharge, dump, deposit or cause or permit to be thrown, discharged, dumped or deposited any garbage, refuse, vegetable matter, oil or oil refuse, filth, offal, putrid, toxic or unwholesome substance, or any other substance which causes water pollution, upon the margins or banks or within the limits or into the waters of the City.
(Ord. 574. Passed 6-22-64.)
Loading...