§ 52-1. Emission of
soot, cinders, noxious acids, fumes, gases.
A. Prohibited
emission. No person shall cause or allow the escape from any stacks or open
containers into the open air of such quantities of soot, cinders, noxious
acids, fumes or gases in such place or manner so as to cause injury, detriment
or nuisance to any person or to the public or to endanger the comfort, health
or safety of any such person or to the public health, or in such manner as to
cause or have a tendency to cause injury or damage to business or
property.
B. Fly
ash; reduction required. No person shall operate or cause to be operated,
maintained or caused to be maintained, any furnace or combustion device for the
burning of fuel without maintaining and operating, while using said furnace and
combustion device, recognized and approved equipment, means, methods and
devices or contrivances to reduce the amount of fly ash emitted into the open
air which is operated in conjunction with said furnace or combustion device, so
that the quantity of fly ash shall not exceed 0.7 grains per cubic foot of flue
gas at a stacked temperature of 500° F., of which amount not to exceed 0.2
grains per cubic foot shall be of such size to be retained on a 325 mesh U.S.
standard sieve; provided that locomotives equipped with a front end screens
meeting interstate commerce commission specifications shall be deemed a
compliance herewith. These conditions are to be conformed to when the
percentage of excess air in the stack does not exceed 50% of a full load.
C. Measurements;
tests adopted. The foregoing requirement shall be measured by the methods
outlined in the tentative test code for dust-separating apparatus of the
American Society of Mechanical Engineers.
D. Nuisance
declared. The escape of soot, cinders, noxious acids, fumes, gases or fly ash
as herein prohibited, is hereby declared to be a nuisance and may be summarily
abated by the Code Enforcement Officer or by any one whom he may authorize for
such purpose. Such abatement may be in addition to the fines and penalties
herein provided.
§ 52-2. Emission of
dense smoke.
A. Prohibited.
The production of emission within the Village of dense smoke is prohibited and
it is hereby declared to be a nuisance and may be summarily abated by the
Health Officer or Code Enforcement Officer. Such abatement may be in addition
to the fines and penalties hereinafter provided.
B. Ringelmann
Chart, use of. For the purpose of grading the density of smoke, the Ringelmann
Chart, as now published and used by the United States Bureau of Mines, shall be
the standard. Smoke shall be considered dense when it is equal to or greater
density than No. 2 of said chart.
C. Exception.
An exception to the provisions of this section shall be permitted when a fire
box of a locomotive is being cleaned out or a new fire is being built therein,
in which case smoke shall be permitted of a density one degree less than No. 3
smoke or less for a period of 75 seconds in any one five-minute period.
§ 52-3. Emission from
each stack constitutes separate offense.
The unlawful
emission of smoke, soot, cinders, fly ash, noxious acid, fumes or gases from
each stack shall constitute a separate offense.
§ 52-4. Successive
violations; right to seal equipment.
A. Notice
required. After any owner, agent, occupant, manager or lessee of any premises
has been previously notified of three or more violations of this article within
any consecutive three-month period, in respect to the emission of dense smoke,
soot, cinders, noxious acids, fumes, gases or fly ash, the owner, agent,
occupant, manager or lessee of said premises shall be notified to show cause
before the Health Officer or Code Enforcement Officer on a day certain, not
less than 10 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 party to be notified; or if said
party or his whereabouts is unknown, then by posting a notice on or near the
premises at which the violations shall have occurred.
B. Hearing
authorized. Upon said date said violator may appear and be heard.
C. Equipment
to be sealed. Upon such hearing, if the authorized official finds that adequate
corrective means and methods have not been employed to correct the cause of
such condition, then it shall be his duty to seal said equipment until such
time as a permit and certificate as herein provided have been applied for and
issued for such plant.
D. Use
of sealed equipment. It shall be unlawful for any person to break a seal of any
refuse burning equipment, any boiler or any equipment or device producing heat
and power, that has been duly sealed by an authorized official, unless
authorized by the authorized official in writing.
§ 52-5. Operation of
certain types of power and heating plants.
A. Duty.
The owner or operator of every power and heating plant, except those in which
the only fuel is gas, and except buildings used for private residences
containing less than 10 dwellings, units or flats, shall provide means whereby
the Code Enforcement Officer or a duly authorized inspector may be enabled to
know, without leaving the boiler or furnace room, whether or not prohibitive
smoke is issuing from the stack, so that possible necessary correction may be
made at the time. Such means of observation shall be as follows:
(1) A
window or opening through which an unobstructed view of the top of the stack
may be had from the boiler or furnace room.
(2) A
mirror so placed as to reflect the top of the stack and visible from the boiler
or furnace room.
(3) A
smoke indicator, approved by the Code Enforcement Officer.
B. Effect
of violation. Any person who violates the provisions of this section shall be
subject to the fines and penalties provided for each offense.
C. Duty
of Code Enforcement Officer. The Code Enforcement Officer shall have charge of
the enforcement of all ordinances pertaining to smoke prevention and air
pollution, and institute proceedings for the violation thereof; and shall have
charge of the preparation and execution of educational plans for securing the
cooperation of the public in the reduction of the emission of smoke and air
pollution.
