CHAPTER 10
AIR POLLUTION CONTROL
ARTICLE A. SOLID FUEL HEATING APPLIANCES
SECTION:
4-10A-3-1: Designations And Criteria
4-10A-3-2: Solid Fuel Or Refuse Burning
4-10A-3-3: Wood Burning Ban/Restrictions
4-10A-4: Solid Fuel Heating Appliance Installation
4-10A-4-1: Denial Of Exemption
4-10A-4-2: Denial, Hearing And Determination By Mayor And City Council
4-10A-4-3: Appeal Of Decision Of Mayor And City Council
4-10A-1 TITLE; OBJECTIVES:
This article shall be known as the SOLID FUEL HEATING APPLIANCE ORDINANCE OF THE CITY OF GARDEN CITY, IDAHO, and the same is hereby enacted to read as provided herein. The objective of this article is to protect air quality resources vital to public health, safety and economic future of Garden City by controlling emissions from solid fuel and refuse burning. The provisions of this article shall apply to all areas of Garden City. (Ord. 514, 5-12-1987)
4-10A-2 DEFINITIONS:
For the purposes of this article, the following terms, phrases, words, and derivations shall have the meanings given herein. The word "shall" is always mandatory, not merely directory.
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AIR POLLUTION: |
The presence in the outdoor atmosphere of any contaminant or combinations thereof in such quantity or of such nature and duration and under such conditions as would be injurious to human health or welfare, to animal or plant life, or to property, or to interfere unreasonably with the enjoyment of life or property. |
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AIR QUALITY INDEX (AQI): |
A national system used to report local, daily air pollution levels to the public. Monitored air pollution levels are converted to a uniform scale ranging from "0" (good) to "500" (hazardous) with the pollutant that has the highest ambient concentration determining the AQI. |
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BUILDING: |
Any structure, dwelling, office, industrial plant, garage, or barn, whether publicly or privately owned or any other structure as defined by the building code as adopted by section 7-2-1 of this code. |
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BURN DOWN: |
That period of time following an air pollution alert, required for the cessation of combustion within any solid fuel heating appliance, included within this article. |
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CLEAN BURNING APPLIANCE: |
A solid fuel heating appliance that the United States environmental protection agency (USEPA) has certified to meet acceptable emission performance standards. |
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DEQ: |
Idaho state department of environmental quality. |
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ECONOMIC HARDSHIP: |
Fifty percent (50%) or less of Garden City’s median income as established by the U.S. department of housing and urban development (HUD). |
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OPEN BURNING: |
The combustion of any material not contained in a heating appliance or incinerator. |
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PARTICULATE MATTER: |
A. PM10: Airborne particles, 10u or less in diameter. |
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B. PM2.5: Airborne particles 2.5u or less in diameter. |
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PERSON: |
Any individual, firm, partnership, association, corporation, company, organization or government entity. |
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REFUSE: |
All solid wastes, garbage and rubbish including, but not limited to, cardboard, plastic, rubber, styrofoam, petroleum products, foodstuff, Christmas trees, yard debris or chemically treated wood. |
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REFUSE INCINERATOR: |
Any device designed or operated to reduce the volume of refuse. Natural gas fired pathological incinerators are excluded. |
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SOLID FUEL: |
Any form of untreated wood or coal. |
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SOLID FUEL HEATING APPLIANCE: |
A. An enclosed device designed for solid fuel combustion that meets all of the following criteria: |
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1. An air to fuel ratio averaging less than thirty five to one (35:1). |
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2. Firebox volume less than twenty (20) cubic feet. |
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3. Minimum burn rate less than five kilograms (5 kg) per hour; and |
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4. Maximum weight of less than eight hundred kilograms (800 kg). |
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so that usable heat is derived for the interior of a building, including, but not limited to, solid fuel fired cooking stoves, potbellied stoves, Franklin stoves, airtight stoves, fireplace inserts, or combination fuel furnaces or boilers which burn solid fuel. Fireplaces with air to fuel ratios that exceed thirty to one (30:1) air to fuel ratios are exempt. |
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B. Explicitly excluded are furnaces, boilers, cook stoves and open fireplaces. |
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WEIGHTED AVERAGE: |
The weighted average of the test results of the distribution of the heating needs in Garden City as calculated by the building department. (Ord. 808, 2-10-2004) |
4-10A-3: AIR QUALITY ALERT:
4-10A-3-1 DESIGNATIONS AND CRITERIA:
A. The quality of Garden City’s air shall be determined by monitoring pollutant levels with equipment and methods approved by the Idaho state department of environmental quality (DEQ).
B. In order to prevent the existence of air quality that is unhealthful, a wood burning ban will be declared whenever the Idaho state department of environmental quality (DEQ) reports an AQI value of "74" or greater for any pollutant measured by an approved monitor within the Treasure Valley and air stagnation conditions are forecasted to continue for at least twenty four (24) hours. (Ord. 808, 2-10-2004)
4-10A-3-2 SOLID FUEL OR REFUSE BURNING:
No person shall cause or allow:
A. Refuse or coal to be burned in a solid fuel heating appliance designed for wood fuel.
B. A refuse incinerator to be operated contrary to design specifications and manufacturers’ instructions. (Ord. 808, 2-10-2004)
4-10A-3-3 WOOD BURNING BAN/RESTRICTIONS:
At the onset and during the pendency of a declared wood burning ban, the following additional restrictions apply:
A. No person shall cause or allow, after a three (3) hour "burn down" period, the operation of a solid fuel heating appliance, unless an exemption has been granted by the environmental department manager or his/her designee.
B. No person shall cause or allow the operation of a solid waste incinerator.
C. No person shall cause or allow open burning of refuse. (Ord. 808, 2-10-2004)
4-10A-3-4 EXEMPTIONS:
A. The environmental department shall grant exemptions from this article if it is determined by the environmental manager or designee that:
1. A solid fuel heating appliance is the sole source of heat for the building in which it is situated; or
2. An economic hardship exists.
B. Any person denied an exemption under this section shall be provided, at the option of the applicant for exemption, a hearing before the mayor and city council. (Ord. 808, 2-10-2004)
4-10A-4 SOLID FUEL HEATING APPLIANCE INSTALLATION:
A. It shall be unlawful on or after July 1, 1987, for any person in the city to advertise for sale or offer to sell, for installation in any new or existing building, a solid fuel heating appliance which has not been certified as clean burning by the United States environmental protection agency.
B. Environmental department shall maintain a list of appliances certified to be clean burning by the U.S. environmental protection agency. (Ord. 808, 2-10-2004)
4-10A-4-1 DENIAL OF EXEMPTION:
Upon a showing of sufficient cause to believe that grounds exist for denial of an exemption of the rules and regulations of the environmental department, as provided for in this article, the environmental manager or designee may deny said exemption by:
A. Notifying the applicant by certified mail, personal service, or substituted service of the grounds for said denial and of the applicant’s opportunity to appeal to the mayor and city council.
B. Failure of a person to actually receive a notice sent or served shall not invalidate the denial.
C. The applicant, upon receiving notice of the denial, may appeal said denial by making application for a hearing before the mayor and city council within ten (10) working days of receipt of above notice. (Ord. 808, 2-10-2004)
4-10A-4-2 DENIAL, HEARING AND DETERMINATION BY MAYOR AND CITY COUNCIL:
The hearing shall be before the mayor and city council. At such hearing the applicant may present evidence, call witnesses and be represented by counsel. Within ten (10) working days after the date of the hearing, the mayor and city council shall either:
A. Approve the denial by the environmental manager or designee, or
B. Allow the issuance of the exemption with modifications or conditions as the mayor and council may impose such modifications or conditions to be reasonably related to the use of the exemption. (Ord. 808, 2-10-2004)
4-10A-4-3 APPEAL OF DECISION OF MAYOR AND CITY COUNCIL:
The decision of the mayor and city council on a denial shall be final and conclusive. Appeal from a decision of the mayor and city council must be made to the district court for Ada County. (Ord. 514, 5-12-1987)
4-10A-5 PENALTY:
The violation of any of the provisions of this article or the failure or omission to perform any duty imposed by the provisions of this article is hereby declared unlawful and punishable as a misdemeanor. (Ord. 808, 2-10-2004)