CHAPTER 6
AIR POLLUTION CONTROL
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
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)
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)
Any device used as an aid to grading the shade or appearance of smoke will be based on the standard of the Ringlemann Chart, as now published and used by the U.S. Bureau of Mines, which chart is hereby made a part of this chapter by reference. (Ord. 1945, 7-14-1953)
A. Emission Of Dense Smoke: It shall be unlawful for any person to cause, suffer or allow to be emitted into the open air from any fuel-burning equipment, internal combustion engine, railroad locomotive, vehicle, premises or open fire, smoke the shade or appearance of which is equal to or darker than No. 3 of the Ringlemann Chart. Nothing contained herein shall be construed as in any way limiting the city's power and authority to abate, in accordance with the provisions of law, any nuisance which may result from the emission of light smoke and gases which cannot be located or classified upon and by a Ringlemann Chart. The provisions of this subsection shall not apply to smoke, the shade or appearance of which is equal to but not darker than No. 3 of the Ringlemann Chart for a period or periods aggregating five (5) minutes in any thirty (30) minutes, when building a new fire, cleaning flues or when breakdown occurs such as to make it evident that the emission was not reasonably preventable.
B. Escape Of Cinders, Soot, Dust, Fly Ash, Noxious Gases, Fumes, Gases And Odors: It shall be unlawful for any person to permit or cause the escape into the open air of such quantities of cinders, soot, dust, fly ash, noxious gases, fumes, gases and odors, in such place or manner as to be detrimental to the public or to endanger the health, comfort and safety of the public, or in such manner as to cause injury or damage to property or business. The escape of such matter is declared to be a public nuisance and shall be abated in the manner provided by law. (Ord. 1945, 7-14-1953)
A. Permits, Plans And Specifications: No new fuel burning plants nor reconstruction, addition or alteration to any existing fuel burning plants for producing power and heat, or either of them, nor refuse burning equipment, nor any stack or furnace connected with such fuel or refuse burning equipment, costing more than one hundred dollars ($100.00) shall be installed, erected, reconstructed, added to or altered in the city until plans and specifications of the same have been filed by the owner, contractor, installer or other person in the office of the inspector as being so designed that same can be managed and operated to conform to the provisions of this chapter, and obtaining a permit issued by the inspector for such installation, erection, reconstruction, addition to or alteration. Such plans and specifications shall show all provisions made for the purpose of securing complete combustion of the fuel to be used and for the purpose of preventing smoke, and shall also contain a statement of the type of fuel proposed to be used. The inspector shall, by appropriate rules and regulations, require such information on the plans and specifications of the foregoing as will enable him to make a determination of whether such construction, reconstruction, repair, addition or alteration work will conform to the requirements of this chapter or be in violation thereof. If it appears that such proposed work will not be inconsistent with the purposes of this chapter, the inspector shall issue the permit; otherwise, the permit will be denied. Compliance with this section shall not be deemed to be in lieu of compliance with other city requirements with respect to the construction or repair of buildings, and all such other city requirements and regulations shall be fully complied with.
B. Grace Period: Whenever it has adequately been demonstrated to the inspector that compliance with the terms of this chapter cannot be effectively and immediately made, the inspector shall have the authority to grant a temporary permit for the continued operation of such noncomplying equipment, but only in the event that the party has taken all necessary steps to secure compliance with this chapter. Such temporary permit shall be issued for no longer period than six (6) months, at the expiation of which period of time the party holding such permit shall be deemed to be in violation of the provisions of this chapter. The fees established in section 4-6-7 of this chapter shall not be applicable to the permits required by this section. (Ord. 1945, 7-14-1953)
A. Annual Inspection; Certificate: The air pollution inspector shall make, or cause to be made, annual inspections of each fuel consuming device in the city to which this chapter applies, except those contained in or a part of four (4) or less dwelling units within the city and except railroad locomotives, to determine whether compliance is being had with the provisions of this chapter. The inspector shall issue a certificate of inspection to the owner of each such device so inspected, provided that it meets the standards established in this chapter. Such certificate shall be authorization for the continued operation of fuel consuming devices. Failure to possess a proper certificate of inspection shall be considered to be a violation of this chapter; provided, however, that all fuel consuming devices not inspected at the time of the passage of this chapter are authorized to continue in operation until such time as the inspector shall make his annual inspection of such device.
B. Fees: The fees to be charged by the city for annual inspections required in this chapter shall be three dollars ($3.00) each inspection. Hereafter, no charge for an initial inspection shall be charged with the issuance of a building permit. (Ord. 1945, 7-14-1953)
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