§ 156.327  SMOKE AND PARTICULATES; TOXIC, NOXIOUS, OR ODOROUS MATTER; RESTRICTIONS.
   (A)   Smoke and particulate matter.
      (1)   Any use already established on the effective date of this chapter shall be permitted to be altered, enlarged, expanded, or modified, provided that new sources of smoke and/or particulate matter conform to the performance standards established hereinafter for the zoning districts in which the use is located.  The total emission particulate matter from all sources within the boundaries of the lot shall not exceed the net amount permitted in the zoning district in which the use is located after any alteration, enlargement, expansion, or modification.
      (2)   For the purpose of grading the density of smoke, the Ringlemann Chart, published by the U.S. Bureau of Mines, shall be employed.  The emission of smoke or particulate matter of a density greater than No. 2 on the Ringlemann Chart is prohibited at all times, except as otherwise provided hereinafter.
      (3)   The emission, from all sources within any lot area, of particulate matter containing more than 5% by weight of particles having a particle diameter larger than 44 microns is prohibited.
      (4)   Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads, and so forth, within lot boundaries, shall be kept to a minimum by appropriate landscaping, paving, or other acceptable means.  Emissions of particulate matter from these sources in excess of the weight limitations specified hereinafter for the zoning district in which the use shall be located is prohibited.
      (5)   (a)   The emission of more than 12 smoke units per stack in any 30-minute period is prohibited, including smoke in excess of Ringlemann No. 2.  However, once during any three-hour period, each stack shall be permitted up to 20 smoke units (not to exceed Ringlemann No. 3) in 30 minutes for blowing and fire.
         (b)   The rate of particulate matter emission from all sources within the boundaries of any lot shall not exceed a net figure of one point per acre of lot area during any one-hour period, after deducting from the gross hourly emission per acre the correction put forth in the following table.
 
Allowance for Height of Emission
Height of Emission Above Grade (Feet)
Correction (Pound/Hour/Acre)
50
0.01
100
0.06
150
0.10
200
0.16
300
0.30
400
0.50
 
         (c)   Interpolate for intermediate values not shown in the above table.
      (6)   Determination of the total net rate of emission of particulate matter within the lot boundaries of any lot shall be made as follows.
         (a)   Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area, thereby obtaining the gross hourly rate of emission in pounds per acre.
         (b)   From each gross hourly rate of emission derived in the above item, deduct the correction factor (interpolating as required) for height of emission set forth in the table, thereby obtaining the net rate of emission in pounds per acre per hour from each source of emission.
         (c)   Add together the individual net rates of emission derived in the above item, to obtain the total net rate of emission from all sources of emission within the boundaries of the lot.  This total shall not exceed one pound per acre of lot area during any one hour.
   (B)   Toxic matter.  No activity or operation shall cause, at any time, the discharge of toxic or noxious matter across lot lines in concentrations so as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business.
   (C)   Noxious or odorous matter.  No activity or operations shall cause at any time the discharge of matter across lot lines in a concentration so as to be noxious.  The emission of odorous matter in quantities so as to be readily detectable as an odor at any point along a lot line is prohibited.
(Ord. 23, §§ 3.120.90 - 3.120.110, passed 3-19-1997)  Penalty, see § 156.999