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HomeMy WebLinkAboutOrd 2082 06/18/1968 r-\ ORDINANCE NO. 2082 AN ORDINANCE TO REGULATE THE PRODUCTION AND EMISS t6M OF SMOKE AND OTHER MATTERS OF SUCH CHARACTER AS TO CREATE A'IMOSPHERIC POLLUTION WITHIN THE VILLAGE OF MOUNT PROSPECT WHEREAS, the excessive emission of dense smo~e within the corporate limits of the Village of Mount Prospect and the resultant effect upon the public health and welfare requires the adoption of a com- prehensive and integrated plan of smoke control; and WHEREAS, in conjuction with the smoke control program it is deter- mined to be in the best interests of the residents of the Village of Mount Prospect to adopt appropriate regulations to reduce air pollution caused by excessive soot, cinders, flying ash, dust, noxious acids, fumes, and gases, dens~ smoke, the emission of which is detrimental to the health and welfare of the residents of the Village of Mount Prospect; NOW, THEREFORE, BE IT ORDAINED BY THE PRES IDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: That Chapter 19 of the 1-1unicipal Code of the Village of Mount Prospect of 1957, as amended, is her~by further amended by adding thereto a new Article 7, so that Chapter 19, Article 7, shall be and hereafter read as follows: Section 19.701. Definition of Terms. (a) Air Contaminant means and includes, but is not limited to, the following: dust, soot, mist, smoke, fumes, fly ash, vapor, corrosive gas, or other dis- charge, and any other airborne material or substance tl:).at is offensive, n.auseous-, irritating, or noxious to humans or other animal life. (b) Ashes shall include cinder, fly ash, or any other solid material resulting from fuel combustion, and may include unburned combustibles. (c) Atmospheric Pollution is the discharging from stacks, chimneys, exhausts, vents, ducts, openings, buildings, structures, premises, open fires, port- able boi~ers, vehicles, processes, or any other source of any smoke, soot, fly ~sh, dust, cinders, dirt, nox- ious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic or radioactive substances, waste, parti- culate, solid, liquid or gaseous matt'er, or any other materials in such place, manner, or concentration as to cause injury, detriment, nuisance, or a~noyance to the public, or to endanger the health, comfort, safety, or welfare of the public, or in such a manner as to cause injury or damage to business property. (d) Dense Smoke as used in this ordinance shall mean that smoke which has a density of #2 or greater as es- tablished by the Ringlemann chart hereinafter referred to and adopted. (e) Cinders dust fl ash noxious acids fumes and gases as used l.n thl.s ordl.nance s a 1 be consid- ered to be all matter other than dense smoke, includ- ing coke, cinders, dust and soot formed as a result of the combustion of fuel, which are carried in the gas stream so as to reach the external air and which have not been completely consumed by the combustion process. "-"', (f) Incinerator is any high ,temperature device intended tor or used for the destruction of garbage or other com- bustible refuse or Was'te materials. by burning. (g}~> Fuel~Btirnift 't9riibilstion or :e>r-dc~ssul mente oi Device l.S any ,urnace L ~titl.nerator,Ue.l;;;l:;)ijtiu_ng equl.p- ment;, t'eftise.;;,.burning aq'i,iiprn.E!ht, boiler; apparatus, de':' vioe, mechanism., fly ash collectort'l:!~ectro,static pre- cipitator, smoke arresting orp~Venti~gequipment, stack, chimney, breeching, or' str,11tture. ,. Used for the J burn~t;lg of fuel or other combus~~ble.mat~r:La.l,or .for the emission of product.s of comBustidn, ot ~seditf ejon... nection with any pr6Cias,~which g~n~rates heatanafiiay emit products of combustion; and shall fnd):ude process furnaces" such as h,eat treating ftirfiaces~ ,. by;;.prdd~ct' coke plants, core-b~king "overi~,mixihg k~tt~es1; cupolas, blast furnaces, open hea.rth fUrnaces; heat ing and fe- heating furnaces,puddlirtg furnaces; sirtteringplants, ~~~h~~~~~~~~~:~:~~~u:l~~~~~~i::~etii~~a:~ttl:~r~~~ etst roasters, ,and equipment used in coiiheotioh there- with, and all ob.hermethods or forms or ~~nufacturing, cheniit~l,metalUrgid~l,. or mechan~ca~ pro~essing which may eIDl.t ~moke, or partl.culate, ll.qul.d, gaseous, or other matter. (h) Noxious Malodor.s ,.Matter or Materi~ls, is matter or material which is capable bf causing detrimental effects upon the physical or economic well-being of individuals. (i) Odorus Matter is any matter or material that yields an odor which is offensive in any way. (j) Ringlemann chart as used in this ordirtance sha~i be that standard published by the United States Bureau of Mines Circular 8333, dated May, 1967, to determine the density of smoke, as hereinafter set forth in full in Sectio~ 19.714 of this Ordinance. (k) Inspector as used in this ordinance shall mean the Air Pollution Control Inspector of the Village of Mount Prospect, the office. of which is hereinafter established. (1) Board as used in this ordinance shall mean the Board of Appeals of the Village of Mount Prospect as heretofore established. (m) Person, firm or cor'(>oration as used in this ordi- nance shall mean any indlvidual, partnerships, firmsr associations, companies, corporations, syndicate, or other group or groups of organized or unorganized in- dividuals who may employ, own, use, or operate any air polluting device. . Section 19.702. Emission of Dense Smoke Prohibited. It shall be unlawful for any person, firm or corporation to permit the emission of 'any smoke from any source whatever of a density equal to or greater 'than that density described as #2 on the Ringlemann chart, published by the United States Bureau of Mines, (The Ringlemann Chart is attached hereto as Exhibit flAIf, p.l, 2, ~, and 4.) the standards of which are hereby fully adopted by the an- actment of this ordinance and set forth in full in Section '19.714 herein. The emission of such dense smoke is declared to be a pub- lic nuisance; provided, however, that this Section shall not be applicable to the circumstances set forth in Section 19.703 herein. -2- o " ." S~9tion 19. 7Q3. Exception., ;". .'. '. , ". ; .". The pr()vi.siotl~ of Section 19. 7Q2 of t:hi~ orditl8:hce' shall.not be' ~pplic~ble, wh~n a ffre,box, furnace, boi:ler.~; ;l;ocotnotiv~, br <,tlier fu~l cQ.n~~irig <:1evi<:~Js, bei~g,cleaned out ~fid, a new fir{f:t~h~irig bv.ilt.~he1;'~~rt, ili whi~h event ~ smoke of a density great~~. ttbUi . that d'?~crfl;)ed.;.a~ #2 Of tl:1e RitiglelI'.anh Chart shall be pe~litted for El.pe.tiod of not to exceed six minutes in any single pe.ridd of 60 . tnin~t:es ~, , . . , $~c.bi.6it.t.9~:'Q4} ., OP~t1.Fires. Witti t,~~e~c~Ption of.()~tdoor cooking, the open burning of salvage material, refuse, paiti,t, oil, debris or any other combustible ma- teriat within the corporate limits of the Village'of Mount Prospect sha.ll be prohibited and subject to citation. Upon notice to and . permission granted by the Village Manager, the further exceptions are allowable, being fires in conjenction with holidays and fes- tive celebrations and other occasions, or the burning of dead or diseased vegetation or similar debris when no other method or dis- posal is feasible, or by fires set and attended by personnel of the Mount Prospect Fire Department in the course of duty. Section 1::9.705. ' Escape of Soot, Cinders, Noxious Malodors, Fumes and Gases Prohibited. (a) . It shall be unlawful for any person, firm or corpora- ,tion to permit or cause the escape of such quantities. of soot, cinders, noxious malodors, fumes, and gases in such place or manner as to be detrimental to any person or to the public or to endanger the health, comfort and safety of any such per$on or of the public, or in such manner as to~atise qr haVe a fendency to cause injury or damage to pfoperty or busiri~ss. The. escape of such matter is de- . clafed to be a public nuisance. (b) Odorous matter in. violation of the requirements of Tabte A, below, is declared a public nuisance and unlawful. TABLE A EMISsloN OF ODOROUS MATTER By Control Zone ZONE ! Includes all Buairiess Districts as established and defined in the Village of Mount Prospect Zoning Ordinance; The emission of matter in such quantities as to be readily detectible as odorous matter.at any point along lot lines is prohibited. ZONE II Includes the I-I and. 1-2 Industrial Districts, as estab- lished and defined in the Village of Mount Prospect Zoning Ordinance. The emission of matter in such quantities as to be readily detectible as odorous matter ~t any point along .distinct boundary lines when diluted in ratio of one volume of o- dorous air to twenty (20) volumes of clean air is prohib- ited. (c). The odor of growing trees, shrubs, plants, flowers, grass, and cut grass left in place shall not be considered odorous within the meaning of this ordinance, nor shall .... odors', smalte a~d fumes incidental to dome~tic ~ard~ning~ such as fertilizers and insecticides (but not compost piles) be considered odorous or noxious within the meaning of this ordinance. -3- .~ Section 19.706. Maintenance. The IIA Incinerator S~andards published May, 1966 by the Incinera- tor Institute of America ar~.hereby adopted by reference as the standards and regulations for the cOl}$,truction, operation and main- tenance of incinerators within the Vit~age of Mount Prospect, ex- cept that any, refe.renqe~ therein regarding requirements for co~or or brick shall, not apply, and further shall not apply when any section therein is in conflict with the provisions set forth in this ordinat1c:$, in which ease provisions in this ordinance shall govern. Such standards and regulati6n$ shall apply to all existing as well as any future incinerators in the Village of Mount Pros- pect. Outside incinerators in the single-family residential dis- tricts are hereby prohibited.' . Incin~ators - Cotis.truction, Operation, and Section 19.707. . Construction, Reconst::ruction; Addition, Altera- tion and Repair of Fuel Gonsumin~ DeV~ces. ( No new fuel burning-plants nor recoti~truction, repair, addition, or alteration to any existing fuel-burning plants for producing power and heat in excess .()f 500,000 $ritish Therrp.al Units, or either of them, nor refti$~-burnit'lg equipment sha],.l be,it).stalled, erected, rec.onstructed, repaired(added, to or al-pered.in the Village of Mount ProSPect.until plca.ns a:'ndspecif$cations of the same have been .filedJ;;y ~he qwner',.. con.-er~ct<?r, installer.or other person in the c>ft'icedqf,the. Di.i'ector of,1?uil.C\ing< and Zoning as being so designed. that s~ll\ecanoetp.anaged ~'Qd operated ,to con- form to the prtivisidn$ df thi$ordinance,atiq a. permit ,issued by the Directordf Building and Zoning for such installation, erection, recons1;:t-uct.i6ri; repair~ aq,dition'~o, 6r.altera.tion, after approval,ha.~ beenobtiiine~ from the,Irispector. 'the Direc- tor of Building and Zonin~ shall, by appropriat~ ~les and regu- lations, reqti~re such irtt'9rtnat:i.or}. on the planstirtd specifications of the foregoing as w~ll enable him to make a determinatio~ of whether such construction, reconstruction, repair~ additioti or alteration work will. conform to. the. requirements of this ordi- nance or be in violation hereof. It is appears that such',pro- posed work will not be inconsistent with the purposes of this ordinance, the Director of Building and Zoning shall issue' the permit, after approval has been obtained from the Inspector; otherwise, it shall be denied. Compliance with this section of the ordinance shall not be deemed to be in compliance with other Village requirements with respect to the construction or repair of buildings. Section 19.708. ualifications of Air Pollution Control Ins ector. T eoffl.ce 0 Al.r Po ut~on Contro Inspector l.S here y estab l.shed and shall be held by the same person acting in the capacity of the Inspector of Fire Prevention. He shall be familiar with the theory arid practice of construction and operation of fUrnaces and combus- tion devices or process equipment or device, and in the theory of smoke prevention and control; and shall be qualified by'education or experience in the field of smoke prevention. Section 19.709. Duties of the Air Pollution Control Inspector. (a) The duties of the Inspector shall be: (1) To supervi.se. thee.xecution of all laws, ordi- nances, rules and regulations pertaining to smoke abatement and air pollution control as provided by this article; (2) To institute necessary proceedings to prose- cute violations of this article and to compel the prevention and abatement of the issuance of smoke or gases, solids or liquids or other matter causing air pollution, and nuisances arising therefrom; -4- (b) Section a (b) !.-", (~)<, To examine and approve the plans of fliel-burn- irlgi~ombustion or process equiptn~nt or 4eylces, futt}ai;?es, and smoke prevention and air. p~llution , contr9l devices installed, constructed; t~~6nstructed, repaired, or added to, in any b~ilding, tocation, or on any premises within the V:f.llEi.ge of Moutd: ,Prospect as het'einp:r'ovided to assure'thcjt they 4r~ in ac- cordiip.~e wH:h the requiremet1t:s of this article; .. , ' , (4): To mak~:inspections of rie~~Y'ins:talle~~ con- strij~t~d, r~constructed, repaired or alte1fed filel- b~'~i~, combustion or process equipment.or devices, ftirp.a.Cf~S, and smoke preventiQh and air pol:!-tition control devices, and to make 'annual or per~odic in- spe~tions of fuel-burning co~bustionor process e- quipment or devices within the Vil~age as herein B~9~ided to determine whether. compliance i~ being h~~~ith the provisions 'of thi.sarticle. Provided, hdwever,. that all fuel-constini.ing device,S or process equipment or device not inspected at the ti me of the passage of this ordinance are authoriz~d to con~ tinue in operation until such time as the" :inspector may make his periodic inspection of such devices. (5) To investigate all complaints of violations of this ordinance, make written ruling, and to insti- tute necessary proceedings ~n case of violations. (6) To fnvestigate 'and make ,recommendations from time to time~o the Village Manager with respect to needed,revisions in this or any other ordinance per- taining to smoke control and air pollution. (7) To prepare and maintain records of all orders issued by himself and the Board of Appeals. (8) Tb do any and all other acts which may be,nec- essary for the successful prosecution of the pur- poses of thi? ordinance, and such other acts as may be specifically enUmerated therein as his duties. Nothing in this Section shall be construed so as to limit the enforcement of the ordinance to the Air Pollution Con- trol Inspector nor to exclude any citizen from his rights to make complaint to the Police Department of The Village of Mount Prospect. ~9.710. Hearin s b the Board of A eals. Appeals from. the Inspector's ru ~ng under Sections 19.702, 19.705, 19.706, and 19.707 may be taken before the Board of Appeals within forty-eight (48) hours of the said ruling. An appeal so filed in apt time shall stay any abatement or other proceeding - except that nothing in this Section shall be construed so as to conflict with Section 19.715 hereunder. The Board of Appeals shall decide all appeals before them and shall either affirm, modify or overrule the decision of the Inspector which they may be called upon to review. On all appeals taken to the Board, approp- riate hearings shall be held in accordance with the rules and regulations pertaining to the Board of Ap- peals. However, the Board of Appeals shall have no juriSdiction to hear appeals from rulings or citations issued under Section 19.704. -5- --.........1 ~, Section 19.711. Interference with Performance of Duty of Ins~ectQr. Any person, firm or corporation interfering in any manner or l.m- peding the performance of duty of the Inspector shall be deemed guilty of a misdemeanor and $hall be subject to the penalties here- inafter provided for the violation of the provisions of this or- dinance. This section shall likewise apply to the performance of duty of those employees and representatives of the Inspector. Section 19.712. Period of Grace. All non-conforming duel-consuming devices or process equipment or device within the Village t,o which this ordinance applied shall be terminated and made to conform with the regulations set forth herein within five .(5) years from the date such use becOme non- conforming with respect to this ordinance. Section'19.7l3. Prosecutions. (a) Prosecutions under this Ordinance shall be instituted by the Air Pollution Control Inspector and shall be pro- secuted in the name of the Village of Mount Prospect. (b) The issuance and delivery by either the Director of Building and Zoning or the Village Manager of any permit, certificate for installation, erection, construction, recon- struction, repair, alteration, or/addition thereto, of any fuel-burning, combustion or process equipment or device, or any appurtenance thereto, or certificate for use Qr opera- tion of any such property, or permit to maintain an open fire, or permit to operate any portable boiler or vehicle, shall not be held to exempt any person to vlhom any such pennit or certific~te has been issued or delivered, or who is in possession of any such permit or certificate, from prosecution on account of the emission of smoke, particu- late or other matter in violation of this article, caused or pe-rmitted by any such person or persons, or any other violation of the provisions of this article by such person or persons. Section 19.714. Standard - Rin lemann Chart. T e stan ard by w l.ch the dens~ty of smo e l.S to be measured will be the Ringlemann Chart, published by the United States Bureau of Mines. (The Ringlemann Chart is attached hereto as Exhibit "A" p.l, 2, 3, 4.) Use of the chart ~vill be made by placing it at such distance from the observer so that the squares appear as even shades of coloring, or when no whit,e spaces between the lines are visible. Comparison of the smoke under observation with the various shades of the chart will then indicate the density of the smoke. Observation distances shall be not less than 100 feet nor more than one-quarter mile from the smoke observed. Section 19.715. Penalties. Any person found guilty of violating, disobeying, omitting, ne- glecting, or refusing to comply with, or resisting or opposing the enforcement of, any of the provisions of this article, upon con- viction thereof shall be puniShed by a fine of not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) A separate and distinct offense shall be regarded as committed each day on which such person shall continue or permit any such viola- tion, or failure to comply is permitted to exist after notifica~ tion thereof. In addition to such fines and penalties, the per- mit, ,or certificate of operation of such person, or of the offend- ing property, may be suspended or revoked, as hereinbefore provided. -6- Section (a) (b) (c) (d) I ~" 19.716. Violation Citations. Whenever a police officer is authorized to arrest a person without a warrant because of a violation of Section 19.704 in respect to prohibiting open fires, said police officer may, in lieu of the filing of a complaint in Court, in the first instance issue to such alleged violator;. a CITATION: (1) advising said person that he has violated a specified Ordinance, . (2) requesting him to make payment in an amount applicable to said alleged violation as set forth in paragraph"d" of this Article as set- tlement of said violation claim, and (3) informing him that upon fialure to so settle, a Complaint will be filed in the Circuit Court of Cook County, charging him with such vio- lation. Pursuant to said CITATION, the person so accused of said violation may settle and compromise the violation claim in respect of such Ordinance violation by pay- ing to the municipality the applicable amount as shown in the schedule set for in paragraph"d" of tp.is Ar- ticle, within a period to be specified in said CITA- TION--not more than seven days of the time said al- leged offense was committed. Such payment shall be made in accordance .with the instructions contained in the aforesaid CITATION, at the office of the Finance Department, who shall issue a receipt for the money so received and promply remit said amount to the Vil~age Treasurer to be credited to the proper municipal fund. lrt the event that the person to whom said CITATION is issued fails to settle and pay said violation claim within the prescribed time, or within a period of time specified in a Final Notice (if one is served upon him) then the Peace Officer is authorized to cause a Notice to Appear to be served upon said alleged vio- lator and is authorized to file a Complaint and to prosecute the same in the Circuit Court of Cook County. The violation claim described in said CITATION so to be issued pursuant to the tenns of this Article, may be settled, compromised and paid in the respective amounts set forth in the following schedule: (1) In the event that said payment is made prior to the mailing by the municipality or by the Peace Officer of a Final Notice, the following amounts shall be accepted as settlement: $3.00 (2) In the event that payment has not been paid prior to the mailing of such Final Notice, and in fact, Final Notice has been mailed, the following a- mounts shall be accepted as settlement: $5.00 (3) In the event that payment is not made within the time prescribed in the Final Notice, and a Notice to appear has been served and a Complaint filed in the Circuit Court of Cook County, payment of any fine and costs shall be in such amounts as may be determined and established by the Circuit Court iof Cook 99UP.ty~". pursuant to the terms of Section 19.715 above. -7- I"" ...-"" ~ I SE;ct.i,c>'n. 19.717. SevereUce Cla4$e. , " ~n,thei event that any $<acti(1). or'sections o.r part or parts or a seat~on or sections of this ordiha,ttee, sh~ll be held :invalid by a.90urtof competent jurisdi6tioh th~hthe remaining sect,ion or se9tions or part orpart~ o:f;'"a.section di:' $ection$ shall not be affecte<;1 whatever by such finding, but snail remain in full force arid effect. - " " Sectioh 2: This Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner prescribed by law. AYES: 6 NAYS: 0 - PASSED AND APPROVED THIS 18th day of June, ATTEST: ~II . . . V '.'."lage Clerk' "