CHAPTER 91
AIR POLLUTION
Section
91.02 Air Pollution Advisory and Appeal Board
91.04 Discharge of contaminants unlawful nuisance
91.05 Chief Air Pollution Inspector
91.08 Appeals from decisions of Inspector
91.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIR CONTAMINANT. Particulate matter, dust, fumes, gas, mist, smoke or any combination thereof.
AIR CONTAMINANT SOURCE. Any sources of emission of air contaminants, whether privately or publicly owned or operated. Without limiting the generality of the foregoing, this term includes all types of business, commercial and industrial plants, works, shops and stores, heating and power plants and stations, buildings and other structures of all types, including single- and multiple-family residences, apartments, houses, office buildings, hotels, restaurants, schools, hospitals, churches and other institutional buildings, automobiles, trucks, tractors, buses and other motor vehicles, garages and vending and service locations and stations, railroad locomotives, portable fuel-burning equipment, incinerators of all types, indoor and outdoor, refuse dumps and piles and all stack and other chimney outlets from any of the foregoing.
AIR POLLUTION. Presence in the outdoor atmosphere of 1 or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant or animal life or to property, or which unreasonably interferes with the comfortable enjoyment of life and property.
(1994 Code, § 91.01) (Ord. 1032, passed - -)
91.02 AIR POLLUTION ADVISORY AND APPEAL BOARD.
(A) Creation. There is hereby created an Air Pollution Advisory and Appeal Board to be composed of 7 members, each of whom shall be appointed by the Mayor, except for the 1 member from the Common Council. A member from the Common Council, to be selected by it, shall be an ex officio member with full voting privileges. A secretary for the Board shall be named by the Mayor, and may be provided a salary, the secretary to be a voting member of the Board.
(B) Membership. The members of the Air Pollution Advisory and Appeal Board shall be actual good faith residents of the city, shall be persons of integrity and good reputation, shall not be interested in the manufacture or sale of any combustion, smoke abatement or air pollution control devices, and shall have no other interests which may conflict with the air pollution program. When this Board is first established, the Mayor shall appoint 1 member, as secretary, as hereinbefore provided, who shall serve at the pleasure of the Mayor, 1 member for a term of 1 year, 2 for 2 years, and 2 for 3 years. The Board shall be bipartisan, not more than any 4 members at any time being of the same political party. After the first term of each of the 5 appointees of the Board expires, his successor shall be appointed for a term of 4 years. The members of the Board shall not be paid for their services, with the exception of the secretary. Four members of the Board shall constitute a quorum.
(C) Officers, duties. The Air Pollution Advisory and Appeal Board shall annually elect a chairperson and a vice-chairperson from its membership. The Chairperson shall preside at all meetings and in his absence the Vice-Chairperson shall preside. The Board shall adopt, from time to time, such lawful rules and regulations as it may deem necessary to carry into effect the provisions of this chapter. These rules shall be made available to the public. The Board shall perform the duties specified in this chapter and shall keep minutes of its meetings and records of its proceedings and shall hear and consider appeals of any persons aggrieved by any decision, ruling or order of the Chief Air Pollution Inspector as provided in § 91.08. The Board shall also help plan the air pollution program and shall advise the Mayor, the Chief Air Pollution Inspector and the Common Council concerning this subject.
(1994 Code, § 91.02) (Ord. 1032, passed - -)
Statutory reference:
Authority to regulate air pollution, see I.C. 13-17-3
91.03 STANDARDS OF EMISSION.
(A) No person shall cause, let, permit, suffer or allow to be discharged from any air contaminant source whatsoever any air contaminant for more than 3 minutes in any hour, at the emission point which is:
(1) Smoke equal to or greater than the density that is designated as No. 2 smoke on the Ringelmann Chart as published in the U.S. Bureau of Mines Information Circular 6888;
(2) Of such capacity as to obscure an observer’s view to a degree equal to or greater than does smoke described in division (B)(1) of this section.
(B) The following exceptions to the above provisions of this section shall be permitted:
(1) Smoke the shade or appearance of which is equal to but not darker than No. 3 of the Ringelmann Chart for a period or periods aggregating 6 minutes in any 1 hour, when cleaning a fire or when building a new fire; or when breakdown of equipment occurs such as to make it evident that the emission was not reasonably preventable;
(2) Where the presence of uncombined water is the only reason for failure of an emission to meet the limitation of division (A)(2) of this section, that subsection shall not apply. The burden of proof that water is the only cause of violation shall rest with the person violating this section.
(1994 Code, § 91.03) (Ord. 1032, passed - -) Penalty, see § 10.99
91.04 DISCHARGE OF CONTAMINANTS UNLAWFUL NUISANCE.
(A) The discharge into the outdoor atmosphere of air contaminants so as to cause air pollution and create a public nuisance is contrary to the public policy of the city and the provisions of this chapter.
(B) No person shall discharge from any contaminant source whatsoever air contaminants in sufficient quantities of such characteristics and duration as to cause an injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endanger or may tend to endanger the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property. The escape of such materials in addition to constituting a violation of this chapter is also declared to be a public nuisance and action to abate the same may be taken by the Chief Air Pollution Inspector.
(1994 Code, § 91.04) (Ord. 1032, passed - -) Penalty, see § 10.99
91.05 CHIEF AIR POLLUTION INSPECTOR.
There is hereby created the position and office of Chief Air Pollution Inspector. The Chief Air Pollution Inspector shall be in charge of and shall administer, supervise and control the Department of Air Pollution. The Chief Air Pollution Inspector shall be appointed by the Mayor in accordance with the provisions of law. The salary of the Chief Air Pollution Inspector shall be provided for in the annual budget and salary ordinances of the city.
(1994 Code, § 91.05) (Ord. 1032, passed - -)
91.06 INSPECTOR’S DUTIES.
(A) The Chief Air Pollution Inspector shall be responsible for the administration of the Department of Air Pollution and for the enforcement of the provisions of this chapter and the rules and regulations issued thereunder pertaining to air pollution.
(B) His duties shall include:
(1) The investigation of complaints and the making of inspections and observations of air pollution and smoke conditions;
(2) The enforcement of all provisions and regulations pertaining to air pollution and smoke prevention and the institution of proceedings for their violation or abatement;
(3) The supervision of all smoke and air pollution tests and equipment for the making of such tests;
(4) The issuance of notices provided for in this chapter, keeping of records, violations, complaints and other records;
(5) The publication and dissemination of information on methods of smoke and air pollution control;
(6) The enlistment of the cooperation of the public in elimination of smoke and air pollution;
(7) The reference of such matters to the County Board of Health which require their attention or assistance;
(8) The submission of recommendations, from time to time, to the Common Council with respect to needed revisions in this chapter pertaining to air pollution.
(1994 Code, § 91.06) (Ord. 1032, passed - -)
91.07 ENFORCEMENT OF CHAPTER.
Whenever any condition shall be found to exist which is in violation of this chapter or is declared a public nuisance or when by reason of wind, atmospheric or other conditions any smoke, dust or other air contaminants, as defined in this chapter, shall cause injury, nuisance or annoyance to persons or property, the Air Pollution Inspector, or other person properly authorized to serve in the absence of the Chief Air Pollution Inspector, is hereby authorized to serve notice in writing upon the owner, occupant, agent or persons in possession or control of any structure, building, premises or source of such air contamination, to abate such nuisance within a reasonable time, or to close down the operation until the air contaminant condition is reduced to tolerable limits as set out in this chapter. If a person so notified shall neglect or refuse to comply with the requirements of such order by failing to shut down the operation and to abate such nuisance within a reasonable time or within the time specified, such person shall be guilty of a violation of the provisions of this chapter and shall be subject to the penalties provided in this code.
(1994 Code, § 91.07) (Ord. 1032, passed - -) Penalty, see § 10.99
91.08 APPEALS FROM DECISIONS OF INSPECTOR.
Any person who desires to take exception to any decision, ruling, regulation or order of the Chief Air Pollution Inspector, other than an order for a temporary shutdown under the provisions of this chapter may appeal to the Air Pollution Advisory and Appeal Board. Such appeal shall be taken within 10 days after the decision, ruling or order complained of by filing with the Chief Air Pollution Inspector a written notice of appeal directed to the Air Pollution Advisory and Appeal Board, specifying the grounds thereof and the relief sought. A fee of $5 shall be paid by the appellant to the Clerk-Treasurer for the General Fund at the time of filing the notice. The Chief Air Pollution Inspector shall forthwith furnish to the Air Pollution Advisory and Appeal Board all papers relating to the decision, ruling, regulation, or order which is appealed. The Air Pollution Advisory and Appeal Board shall act as a stay of any decision, ruling or order until either approved, modified or set aside by the Air Pollution Advisory and Appeal Board. At the hearing, any party may appear in person or by attorney. The Air Pollution Advisory and Appeal Board, upon hearing such appeal, shall either affirm, modify or set aside any such decision, ruling or order upon which the appeal was taken.
(1994 Code, § 91.08) (Ord. 1032, passed - -)
91.09 INJUNCTIONS.
The provisions of this chapter may be enforced by an injunction in the County Circuit Court.
(1994 Code, § 91.09)