14.780 Department of Air Pollution – Smoke Control – Penalties.

(1) Department of Air Pollution Control. There is hereby created a Department of Air Pollution Control of the City of Manitowoc hereinafter referred to as the “Department” which shall consist of the following:

(a) An Air Pollution Control Engineer to be employed under contract by the Sanitation Committee, subject to confirmation by the Common Council of both the appointee and the terms of the contract.

(b) The Director of Building Inspection, Plumbing Inspector, Electrical Inspector, and Sanitary Inspector together with the City Fire Inspectors shall be members of the Department and the records shall be kept in the offices of the Building, Plumbing and Electrical Inspectors as now organized.

(c) An Advisory and Appeal Board to be appointed by the Mayor, subject to confirmation by the Common Council, consisting of one technical engineer, one operating engineer with at least 10 years’ practical operating experience and one other responsible citizen. The first members appointed shall be appointed for terms of one, two and three years respectively and thereafter for three-year terms. The members of the Board shall serve without pay and shall annually elect one of its members chairman.

(2) Definitions. For the purpose of this section, whenever any of the following words or terms are used herein, they shall have the meaning ascribed to them in this section:

Advisory and Appeal Board means the Board appointed by the Mayor and confirmed by the Common Council to act as advisors on engineering questions to the Air Pollution Control Department and to act as a board of appeals whenever this section provides they shall act in such capacity. A formal hearing after due notice to all parties concerned shall be had under rules adopted by said board.

Building Fires. A new fire being built shall be held to mean the period during which a fresh fire is being started and does not mean the process of replenishing an existing fuel bed with additional fuel.

Certificate of operation means a certificate issued by the Department authorizing the use of any fuel-burning equipment for the period indicated after it has been found that it can be operated in compliance with this section.

Cleaning Fires. The term when the fire box is being cleaned out shall mean the period during which the fuel bed, including ash and clinkers, is being completely removed from the grate surface. This operation may be done by cleaning portions of the grate at different times. This does not mean that the act of shaking the grates to remove ash or individual clinkers from the fuel bed constitutes an act of cleaning the fires as interpreted in this section.

Department. Whenever herein used, the word Department shall refer to the Air Pollution Control Department of the City of Manitowoc.

Dust means gas-borne or air-borne particles larger than one micron in mean diameter (same for fly ash).

Dust-separating equipment means any device for separating dust from the gas medium in which it is carried.

Emission means emission into the open air.

Engineer means the Air Pollution Control Engineer of the City of Manitowoc.

Fuel-burning equipment means any furnace, incinerator, refuse-burning equipment, dust-separating equipment, boiler, apparatus, device, mechanism, stack chimney or structure used in the process of burning fuel or other combustible material.

Fumes means gas or vapors that are of such character as to create an unclean, destructive or unhealthful condition.

Installation permit means a permit issued by the Department authorizing the construction, installation, alteration, or repair of any fuel-burning equipment in accordance with plans and specifications approved by the Department.

Internal combustion engine means any engine in which the combustion of a gaseous, liquid, or pulverized solid fuel takes places within one or more cylinders.

Mechanical firing means a means of firing through the use of mechanical equipment such as a burner, stoker, or other approved firing device.

Open fire means any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack or chimney.

Person means any owner, tenant, lessee, individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, department, bureau, agency, or other entity recognized by law as the subject of right and duties.

Railroad locomotive means any railroad locomotive or railroad vehicle using a liquid, solid, or pulverized solid fuel.

Ringelmann Chart. The standard by which the shade or density of smoke is to be measured is the Ringelmann Chart published by the United States Bureau of Mines. The chart is incorporated in the ordinance codified in this section as Exhibit 1.

Seal or sealing equipment means a device installed by the Department so as to prevent use of the fuel-burning equipment causing the violation.

Smoke means all gaseous products of combustion, together with carbon, soot, fly ash, and all other particular solids in combustion gases in sufficient density to be observable.

Soot means agglomerated particles consisting essentially of carbonaceous material.

Stack or chimney means a stack, chimney, flue, conduit, or opening arranged for the emission into the open air of smoke, dust, cinders, soot, fumes, noxious gases or waste.

Technical engineer means a person qualified by law to practice professional engineering, or one having qualifications for full membership in the American Society of Mechanical Engineers, American Chemical Society, or American Institute of Chemical Engineers.

Waste means the waste products of industrial processes such as mineral wool, lint, peanut hulls, cement dust, grain dust, coal dust, etc.

(3) Duties of the Department of Air Pollution Control. The duties of the Air Pollution Control Department and its Engineer, who shall be responsible for the administration of smoke and other air pollution regulations, include:

(a) The investigation of complaints and the making of inspections and observations of smoke conditions.

(b) The issuance of permits, certificates and notices under this section; the keeping of applications, plans, permits, certificates, violations and other records on file for use within the Department but open for inspection by the public at all reasonable times, excepting such material as is classified as confidential.

(c) The examination of the application and plans for the construction, installation or alteration of any fuel-burning equipment or any equipment pertaining thereto, if requested by the Board of Appeals, and, if found to meet the requirements of the rules and regulations, the issuance of an installation permit.

(d) The inspection of the installation of all equipment for which a permit has been issued, and when found that the work is completed in accordance with the rules and regulations, the issuance of a certificate of operation.

(e) The publication and dissemination of information on methods of smoke reduction.

(f) The enlistment of the cooperation of civic, technical, scientific and educational societies.

(4) Establishment of Rules and Regulations. The Engineer is hereby authorized to prepare, with the advice of the Advisory and Appeal Board and the Air Pollution Department, and present to the City Council for consideration, rules and regulations for the installation and operation of fuel-burning equipment and other devices susceptible for use in such a manner as to violate the provisions of this section; as to the kind of fuel to be used for various types of equipment; and as to necessary auxiliary devices that aid in meeting the requirements of this section. When adopted by the Common Council, such rules and regulations, upon recommendation of the Engineer or Department may from time to time alter, amend, or rescind such rules and regulations and promulgate such additional rules and regulations as are deemed advisable. Such rules and regulations as may be prepared, revised, amended or rescinded shall be made effective 30 days after their publication in the official newspaper of the City.

(5) Installation Permit and Certificate of Operation.

(a) No person shall construct, install, reconstruct, or alter any fuel-burning equipment or any equipment pertaining thereto for use within the City until an application, including suitable plans and specifications of the fuel-burning equipment and structures or buildings used in connection therewith, upon request of the Advisory and Appeal Board has been filed by the person or his agent in the office of, and has been approved by, the Department and an installation permit issued by it for such construction, installation or alteration.

(b) The above-mentioned plans and specifications shall show the form and dimensions of the fuel-burning equipment, more particularly the proposed boiler, furnace, fuel burner, stack and ducts together with the description and dimensions of the building or part thereof in which such fuel-burning equipment is to be located, including the means provided for admitting the air for combustion. The character of the fuel to be used, the maximum quantity of such fuel to be burned per hour, the operating requirements, and the use to be made of such fuel-burning equipment shall be stated.

(c) Maintenance or repair which does not change the capacity of such fuel-burning equipment and which does not involve any change in the method of combustion or affect the emission of smoke, dust, or fumes therefrom may be made without an installation permit.

(d) An emergency repair other than as specified in subsection (5)(c) of this section may be made prior to the application for an installation permit if serious consequences may result if the repair were deferred. When such repair is made, the person concerned shall notify the Department on the first business day after the emergency occurred and file an application for an installation permit if directed to do so by the Department.

(e) An application shall be approved or rejected within 10 days after it is filed in the office of the Department. Upon the approval of the application and upon the payment of the prescribed fees, the Department shall issue a permit for the construction, installation or alteration of such fuel-burning equipment.

(f) No construction, installation, reconstruction, or alteration shall be made which is not in accordance with the plans, specifications, and other pertinent information upon which the installation permit was issued without the written approval of the Department.

(g) Violation of the installation permit shall be sufficient cause for the Department to stop all work, and it is hereby authorized to seal the installation. No further work shall be done until the Department is assured that the condition in question will be corrected and that the work will proceed in accordance with the installation permit.

(h) No person shall violate the seal on any fuel-burning equipment that has been sealed at the direction of the Department unless authorized by the Department in writing to do so.

(i) If construction, installation, reconstruction or alteration is not started within one year of the date of the installation permit, the permit shall become void and all fees shall be forfeited, unless an extension of time is warranted and granted by the Department.

(j) No person shall operate or cause to be operated any new or altered fuel-burning equipment or any equipment pertaining thereto for which an installation permit was required or issued until an inspection has been made by the Department and it is demonstrated to the satisfaction of the Department that such equipment can be operated in compliance with this section; a certificate of operation shall be issued by the Department. Said certificate of operation shall be kept posted on or near the installation for which it was issued. When a certificate of operation is refused the Department is authorized to seal the fuel-burning equipment until the person required to procure such certificate shall have complied with this section.

(k) The issuance by the Department of any installation permit or certificate of operation shall not be held to exempt the person to whom the permit or certificate was issued, or who is in possession of the same, from prosecution for the emission of smoke, dust, cinders, soot, fumes, noxious gases, or waste prohibited by this section.

(l) The provisions of this section shall not apply to locomotives, steamships, single-family residences or multiple-family residences where separate heating units are provided for each family and are connected with separate stacks, except all incinerator units must be approved.

(6) Equipment.

(a) All installations, excepting standby equipment placed in use in an emergency and used for a period or aggregate of periods of not to exceed 10 percent in any one year, using pulverized fuel burners, spreader type stoker, or other similar solid fuel suspension burning type of equipment, shall be provided with approved dust-separating equipment. Such dust-separating equipment installed subsequent to the effective date of the ordinance codified in this section shall have a dust-separating efficiency of not less than 85 percent. The Department shall be notified of any emergency as referred to in this section within 24 hours after the happening thereof.

(b) All newly constructed or reconstructed solid or liquid fuel-burning plants having more than 300 square feet of boiler heating surface (30 H.P.), or its equivalent, shall be equipped with smoke indicators, mirrors, or similar devices, approved by the Air Pollution Control Engineer of the Department to enable the fireman to observe the top of his stack or stacks from the boiler room at all times, unless the top of the stack is readily visible to the fireman from the boiler room without the use of such devices. In plants where a fireman is not in constant attendance in the boiler room, the smoke indicator shall be of a type which will sound an alarm, or flash a signal, to attract the attention of the fireman. Any existing plant which emits unlawful smoke may be required to install such indicating devices.

(7) Fees. The Department shall not issue any permits, inspect any furnaces or other fuel-burning equipment or devices, or issue any certificates until the fees enumerated in the rules and regulations have been paid to the Department. Such Department shall daily pay over all fees received by it to the City Treasurer, taking his receipt therefor.

(8) Limits of Emission and Standards of Measurement.

(a) In General.

1. Ordinary Operation. No person shall cause, suffer or allow to be emitted into the open air from any stack or chimney, fuel-burning equipment, internal combustion engine, premises, open fire, or any other source smoke the shade or density of which is equal to or greater than No. 2 of the Ringelmann Chart, except that smoke the shade or density of which is equal to but does not exceed No. 2 of the Ringelmann Chart may be emitted for a period or periods of not to exceed two minutes in any 30-minute period and except when the fire-box is being cleaned out or a new fire is being built therein, or when a break-down of equipment occurs such as to make it evident that the emission was not reasonably preventable.

2. Clean-Outs – New Fires. When the fire-box is being cleaned out, or flues being blown, or a new fire is being built therein, smoke the shade or density of which is equal to but does not exceed No. 2 of the Ringelmann Chart may be emitted into the open air for a period or aggregate of periods not exceeding No. 3 of the Ringelmann Chart may be emitted into the open air for a period or aggregate of periods not exceeding five minutes in any 60-minute period. The emission of smoke permitted in this subsection (8)(a)(2) shall be in the alternative and not cumulative. No person shall cause, suffer, or allow to be emitted into the open air during the cleaning out of a fire-box, or the building of a new fire therein, smoke the shade or density of which exceeds the limits permitted by the provisions of this subsection (8)(a)(2), nor for a longer period than herein permitted.

(b) Locomotives.

1. In or Ready for Service. Smoke the shade or density of which is unlimited may be emitted into the open air from any railroad locomotive in or ready for service for a period or aggregate of periods not to exceed 45 seconds in any three-minute period. During the remainder of such three-minute period, smoke the shade or density of which is equal to but does not exceed No. 2 of the Ringelmann Chart may be emitted. No person shall cause, suffer or allow any railroad locomotive in or ready for service to emit smoke the shade or density of which exceeds the limits permitted by the provisions of this subsection (8)(b)(1) nor for a longer period than herein permitted, except when a break-down of equipment occurs such as to make it evident that the emission was not reasonably preventable.

2. Clean-Outs – New Fires. When a fire-box is being cleaned out or a new fire is being built in a railroad locomotive, smoke the shade or density of which is equal to but not greater than No. 2 of the Ringelmann Chart may be emitted into the open air for a period or aggregate of periods not to exceed nine minutes in any 60-minute period; or smoke the shade or density of which is unlimited may be emitted into the open air for a period or aggregate of periods not exceeding five minutes in any 60-minute period. Emission of smoke as permitted by the provisions of this subsection (8)(b)(2) shall be in the alternative and not cumulative. No person shall cause, suffer, or allow to be emitted into the open air from any railroad locomotive, while the fire-box thereof is being cleaned out or a new fire is being built therein, smoke the shade or density of which exceeds the limits permitted by this subsection (8)(b)(2) nor for longer periods than herein permitted.

(c) Steamships.

1. When Navigating or Maneuvering. A steamship while navigating or maneuvering in the City inside the Manitowoc River breakwater may emit into the open air smoke the shade or density of which is unlimited for a period or periods aggregating not more than three minutes in any 15-minute period. During the remainder of such 15-minute period, smoke the shade or density of which is less than No. 2 of the Ringelmann Chart may be emitted. No steamship shall emit and no person shall cause, suffer, or allow to be emitted into the open air from any steamship situated as hereinabove set forth, smoke the shade or density of which exceeds the limits permitted by this subsection (8)(c)(1) nor for longer periods than herein permitted.

2. Steamships Docked. When any steamship is docked within the City (except as hereinafter provided in subsections (8)(c)(3), (4), and (5) of this section), it may emit smoke the shade or density of which is less than No. 2 of the Ringelmann Chart, except that during the last 15 minutes before such steamship leaves such dock, such steamship may emit smoke the shade or density of which does not exceed No. 3 of the Ringelmann Chart for a period or aggregate of periods not to exceed three minutes; but provided, further, that such permitted emission shall not be cumulative to the emission permitted by subsection (8)(c)(4) of this section. No steamship shall emit, and no person shall cause, suffer, or allow to be emitted into the open air from any steamship situated as hereinabove set forth, smoke the shade or density of which exceeds the limits permitted by this subsection (8)(c)(2) nor for longer periods than herein permitted.

3. Self-Unloading Steamships. Steamships equipped with self-unloading machinery which is operated by power from the main power plant of such steamship may, while docked in the City and while such self-unloading machinery is actually and necessarily operating in the discharge of cargo, emit smoke the shade or density of which is unlimited for three minutes in any 12-minute period. During the remainder of such 12-minute period, such steamship so equipped and while so operated may emit smoke the shade or density of which is less than No. 2 of the Ringelmann Chart. No steamship so equipped and while so operated shall emit and no person shall cause, suffer or allow to be emitted into the open air from such steamship smoke the shade or density of which exceeds the limits permitted by the provisions of this subsection.

4. Clean-Outs – New Fires. When a firebox is being cleaned out or a new fire is being built therein in a steamship or tugboat, or such steamship or tugboat is undergoing inspection by a Marine Inspector in accordance with regulations of the United State Coast Guard, such steamship or tugboat may emit into the open air smoke the shade or density of which is equal to No. 2 of the Ringelmann Chart or less for a period or aggregate of periods of not to exceed nine minutes in any one hour, or smoke the shade or density of which is unlimited for a period or aggregate of periods not to exceed five minutes in any one hour. The emission of smoke permitted in this subsection (8)(c)(4) shall be in the alternative and not cumulative. No steamship shall emit and no person shall cause, suffer or allow to be emitted into the open air from any steamship while its firebox is being cleaned out or a new fire is being built therein, or said Marine Inspector’s inspection is being made, smoke the shade or density of which exceeds the limits permitted by the provisions of this subsection, nor for longer periods of time than herein permitted.

5. Exceptions – Distress Operations. The provisions of this subsection (8)(c) shall not apply to a steamship which is navigated or maneuvered in the City for the sole purpose of finding protection from unsafe conditions of navigation; provided, that when such unsafe conditions cease, such steamship shall at once become subject to the provisions of said subsection.

(d) Tugboats.

1. When Navigating or Maneuvering Under Own Power. A tugboat, while navigating or maneuvering under its own power in the City inside the Manitowoc River breakwater and not engaged in towing a steamship, may emit into the open air smoke the shade or density of which is unlimited for a period or periods aggregating not more than three minutes in any 15-minute period. During the remainder of such 15-minute period, smoke the shade or density of which is less than No. 2 of the Ringelmann Chart may be emitted. No tugboat shall emit and no person shall cause, suffer or allow to be emitted into the open air from any tugboat situated as hereinabove set forth smoke the shade or density of which exceeds the limits permitted by this subsection (8)(d)(1) nor for longer periods than herein permitted.

2. When Towing Steamships. When a tugboat is towing a steamship within the City inside the Manitowoc River breakwater, it may emit smoke the shade or density of which is unlimited for a period or periods not exceeding three minutes in any 12-minute period, and during the remainder of such 12-minute period smoke the shade or density of which is less than No. 2 of the Ringelmann Chart may be emitted. No tugboat shall emit and no person shall cause, suffer or allow to be emitted into the open air from any tugboat situated as hereinabove set forth smoke the smoke the shade or density of which exceeds the limits permitted by this subsection (8)(d)(2) nor for longer periods than herein permitted.

3. While Docked. A tugboat while docked in the City of Manitowoc inside the Manitowoc River breakwater may emit into the open air smoke the shade or density of which is unlimited for a period or periods aggregating not more than three minutes in any 15-minute period. During the remainder of such 15-minute period smoke the shade or density of which is less than No. 2 of the Ringelmann Chart may be emitted. These permitted emissions shall not be cumulative to the emissions permitted by subsection (8)(c)(4) of this section. No tugboat shall emit and no person shall cause, suffer or allow to be emitted into the open air from any tugboat situated as hereinabove set forth smoke the shade or density of which exceeds the limits permitted by this subsection (8)(d)(3) nor for longer periods than herein permitted.

(e) Limitation on Dust Emission. Except when blowing flues as permitted in subsection (8)(a)(2) of this section, no persons shall cause or allow to be emitted into the open air from any fuel-burning equipment, or to pass any convenient measuring point in the stack or breaching, dust in the gases to exceed 0.85 pound per 1,000 pounds of gases, adjusted to 12 percent CO2 content for the products of combustion.

(f) Ascertainment of Dust Quantity. The amount of dust or solids in the gases shall be determined according to the Test Code for Dust-Separating Apparatus of the American Society of Mechanical Engineers, 1941, which is hereby made a part of this section by reference.

(9) Disposal of Dust. Dust from dust-separating equipment and from other sources in the installation which is not to be reclaimed shall be moistened and hauled in an approved manner to a City dump or other approved point of disposal. If the dust is to be reclaimed, it shall be handled in a manner satisfactory to the Department. This subsection shall not apply to railroad locomotives or steamships.

(10) Nuisances. No person shall cause or allow to be emitted into the open air, from any fuel-burning equipment, internal combustion engine, premises, or open fire, any dust, cinders, soot, fumes, noxious gases, or waste in a manner to cause injury, detriment, nuisance or annoyance, or to endanger the health or safety of any person or persons, or to cause or have a natural tendency to cause injury or damage to business or property.

(11) Sealing of Equipment.

(a) Any person who has been notified of three or more violations of this section within any consecutive 12-month period, in respect to the emission of smoke, dust, cinders, soot, fumes, noxious gases, or waste, shall be further notified to show cause before the Department on a day certain, not less than 10 days from the day of notice, why the equipment causing such violation shall not be sealed. In case the person so notified is not the owner of the building, then such notice shall also be given to such owner or one of the owners or to the agent of such owner or owners. The notice herein provided for may be given by registered mail directed to the last known address of the person to be notified, with return receipt of addressee required, or if the person or his whereabouts is unknown, then by posting a notice on or near the premises at which the violations shall have occurred. Upon this date the person may appear and be heard. Upon such hearing, if the Department finds that adequate corrective means and methods have not been employed to correct the cause of such condition, then it shall be its duty to seal the equipment until such time as an installation permit and certificate of operation as provided under this section have been applied for and issued for the equipment. The person may, within 10 days of this decision, appeal the finding to the Advisory and Appeal Board, and the appeal shall stay the sealing pending the appeal. This subsection shall not apply to railroad locomotives or steamships.

(b) No person shall violate the seal in any fuel-burning equipment that has been sealed at the direction of the Department, unless authorized by the Department in writing to do so.

(12) Entrance to Premises. No person shall in any manner hinder, obstruct, delay, resist, prevent, or in any way interfere or attempt to interfere with the Engineer or Department or Department inspectors in the performance of their duty by refusing them entrance to the premises at reasonable hours upon identification.

(13) Persons Liable. All persons owning, operating, or in charge or control of any equipment who shall cause or permit or participate in any violation of this section either as proprietors, owners, lessees, tenants, managers, superintendents, constructors, installers, mechanics, repairmen, captains, janitors, engineers, firemen, or otherwise, shall be individually and collectively liable for any penalties imposed by this section.

(14) Duties of Police Department. Each member of the Manitowoc Police Department shall be instructed by the Air Pollution Control Department and Engineer in the use of the Ringelmann Chart and the ways and means of assisting in the enforcement of this section and they shall have the duty and authority to report all complaints and observed violations of this section to the Air Pollution Control Department for further action in accordance with the terms of this section.

(15) The Air Pollution Control Engineer of the Department shall have the final authority to process complaints against all persons violating any provisions of this section.

(16) Penalties for Violations.

(a) Any person who shall violate any of the provisions of this section shall, upon conviction thereof, be sentenced to pay a fine of not less than $25.00 nor more than $50.00 for the first violation thereof, and not less than $50.00 nor more than $100.00 for each succeeding violation, together with the cost of the action, and in default of payment of said fine and costs of prosecution, the person shall be imprisoned for a period not to exceed 30 days. Each day’s violation shall constitute a separate offense.

(b) Each unlawful emission of smoke, dust, cinders, soot, fumes, noxious gases, or waste shall constitute a separate offense.

(c) Whenever any person has been found by the Engineer or his inspectors to have repeatedly violated the provisions of this section, the City Attorney is authorized and directed, upon written request of the Engineer and when in his opinion the facts warrant, to commence appropriate civil legal action in the name of the City of Manitowoc to enjoin and restrain further continuance of such violation.

(17) Period of Grace.

(a) When a person violating any of the provisions of this section with respect to the emission of smoke, dust, cinders, soot, fumes, noxious gases, or waste produces evidence satisfactory to the Department that he has taken all steps possible to provide for compliance with the provisions of this section, but that the acquisition of the proper equipment or device cannot be obtained or effected immediately, the Department shall have the discretion in such cases to allow a period not exceeding 12 months from the date of the applicable provision or provisions of this section, within which the necessary equipment or device is to be acquired and installed. In a case where the Department has granted a grace period of up to one year, and, notwithstanding that the person has given a bona fide order for the equipment required to comply with this section, it appears probable that such equipment will not be delivered within such grace period, the person may apply to the Advisory and Appeal Board for an extension of the grace period, serving notice of such application upon the Department. The Advisory and Appeal Board shall consider such request and within 20 days after receipt of same, if it is satisfied that there is a good cause for further extension of such grace period, by written order may extend such grace period for any time not to exceed one year from the end of the grace period granted by the Department.

(b) During said period of grace granted by the Department or by the Advisory and Appeal Board, the person violating this section shall not be subject to the fines or penalties herein prescribed; provided, however, that where such person fails in the time allowed to conform with the provisions of this section, he shall be subject to all fines and penalties herein prescribed dating from the date of the beginning of the period of grace permitted him.

(18) Maintenance of Records. The Department shall keep in the office of the Department of Smoke Regulation all applications made, and complete record thereof, as well as of all permits and/or certificates issued. It shall keep a record of all smoke observation on all stacks and generally of the work done by the Department. All such records shall be open for inspection by the public within the Department at all reasonable times, excepting such material as is classified as confidential.

(19) Coordination of Municipal Regulations. No permit for the erection, construction or alteration of any building, plant or structure related in any manner to fuel-burning equipment shall be issued by any other inspector of the City, until the Department has issued a permit covering the installation under its jurisdiction to be used in the building, plant or structure, or has indicated that, in its judgment, the plans submitted will permit the installation of facilities adequate for compliance with the provisions of this section.

(20) Declaration of Public Purpose of Section. It is declared that this section is enacted in the interest of the public health and welfare of the residents of the City of Manitowoc. If any part of this section shall be declared to be invalid, such invalidity shall not affect the remaining portion of this section, the Common Council hereby declaring that it would have passed such remaining portions of this section notwithstanding such invalidity.

[Prior code § 14.51]