CHAPTER 6
AIR POLLUTION CONTROL

SECTION:

4-6-1: Definitions

4-6-2: Enforcement

4-6-3: Exemptions From Chapter

4-6-4: Standard For Measuring Air Pollution

4-6-5: Prohibited Conditions

4-6-6: Permits And Conformance Required

4-6-7: Inspections; Certificate And Fee

4-6-8: Duties Of Inspector

4-6-9: Hearings And Appeal

4-6-10: Penalties

4-6-1: DEFINITIONS:

CINDERS, SOOT, DUST, FLY ASH, NOXIOUS ACIDS, FUMES, GASES, ODORS: All matter other than dense smoke formed as the result of combustion in quantities sufficient to create an unclean, destructive, offensive or unhealthful condition when emitted or allowed to escape in the air.

DENSE SMOKE: That smoke which has a density of No. 3 or greater, as established by the Ringlemann Chart adopted and referred to in this chapter.

DUST: Gas-borne particles larger than one micron in mean diameter.

FUEL-BURNING EQUIPMENT: Any furnace, incinerator, refuse burning equipment, boiler, apparatus, device, mechanism, stack or structure used in the process of burning fuel or combustible material, whether stationary or mobile, excepting cooking stoves, ranges, service meter heaters and room or space heaters that use gas, kerosene or gasoline as fuel.

INTERNAL COMBUSTION ENGINE: Any engine in which combustion of a gasoline liquid or pulverized solid fuel takes place within one or more cylinders.

OPEN FIRE: Any fire wherein the products of combustion are emitted into the open air and are not directed through a stack or chimney.

PERSON: Any individual, partnership, firm, association, syndicate, company, trust, corporation, government corporation, department, bureau, agency or other entity recognized by law, the subject of rights and duties.

RINGLEMANN CHART: That standard published by the U.S. Bureau of Mines with instructions for use.

SMOKE: Small gas-borne particles consisting essentially of carbonaceous material in sufficient number to be observable.

SOOT: Agglomerated particles consisting substantially of carbonaceous material.

STACK OR CHIMNEY: Flues, conduit or openings arranged for emitting gases into the open air.

TECHNICAL ENGINEER: A person qualified by law to practice professional engineering, or one having qualifications for full membership in the American Society of Mechanical Engineers. (Ord. 1945, 7-14-1953)

4-6-2: ENFORCEMENT:

   A.   Air Pollution Inspector: For the purpose of enforcing the provisions of this chapter, there shall be appointed by the city council an air pollution inspector. He shall be qualified by education or experience to be thoroughly familiar with the theory and practice of the construction and operation of furnaces and combustion devices, and shall have had at least five (5) years experience as a licensed stationary engineer or shall have had at least five (5) years experience in the sale, resale, repair or installation of fuel-burning equipment.

   B.   Advisory And Appeals Board:

      1.   The mayor, with the consent of the city council, shall appoint an advisory and appeals board, consisting of five (5) members, three (3) of whom shall be technical engineers, to serve for terms of four (4) years; excepting that upon establishment of the board, shorter terms may be used to provide an overlapping of terms. This board shall elect one of its own members to serve as the chair of the board and to preside at board meetings. The members shall be citizens of the city and shall not have any interest in the sale or control of any smoke prevention equipment or apparatus which might be used to reduce the emission of smoke, gases, dust, etc.

      2.   The advisory and appeals board shall decide all appeals properly brought before it, and shall either affirm, modify or overrule the decisions of the air pollution inspector which they may be called upon to review. On all appeals taken to the board, appropriate hearings shall be held after due notice thereof to the parties concerned. All pertinent papers in the files of the air pollution inspector shall be made available to the board in each case.

      3.   The board shall act as advisor to the air pollution inspector and shall consider, approve or veto such rules and regulations as may be presented by the inspector. (Ord. 1945, 7-14-1953)

4-6-3: EXEMPTIONS FROM CHAPTER:

Private residences containing four (4) or less dwelling units are exempt from the provisions of this chapter. (Ord. 1945, 7-14-1953)