§ 11-6. Prohibitions.  


Latest version.
  • A. 
    Inasmuch as the city maintains and operates a central public incinerator, no method of incineration shall be allowed which does not meet the standards of incinerator operation:
    (1) 
    Particulate emissions for incinerators under 200 pounds per hour shall not exceed 0.3 grains per standard cubic foot of dry flue gas corrected to 12% carbon dioxide without the contribution of auxiliary fuel.
    (2) 
    Particulate emissions for incinerators over 200 pounds per hour shall not exceed 0.2 grains per standard cubic foot of dry flue gas corrected to 12% carbon dioxide without the contribution of auxiliary fuel.
    B. 
    Any installation or operation intended to be used as or operated for the purpose of burning fuel, including solid wastes, that discharges products of combustion directly to the open air without an acceptable means of controlling the emission of air pollutants.
    (1) 
    This prohibition shall not include the burning of small quantities of fuel in fires used only for recreational purposes or occasional cooking of food for human beings where such use is accomplished in a fireplace or barbecue device, providing no smoke violation or other nuisance is created.
    (2) 
    This prohibition shall not preclude the use of open flame for prophylactic, beneficial or educational purposes, such as training personnel in fire control and extinguishment of fires or testing of fire-extinguishing equipment.
    (3) 
    This prohibition shall not preclude the use of flame-making devices such as blowtorches, portable heaters and other similar devices used in construction, repair and maintenance, so long as such use does not create a nuisance.
    (4) 
    This prohibition shall not preclude the use of fireworks where use is authorized under state law.
    C. 
    Prohibition of auto body open burning. No person shall cause or permit the open burning of automobiles.
    D. 
    Prohibition of burning for salvage. No person shall burn or cause to be burned materials for salvage purposes.
    E. 
    Prohibition of burning leaves and yard rakings. All open-burning of leaves and yard rakings shall be prohibited wherever and whenever any other means of disposal is available or practical. If the Department of Public Works does not provide a service for the disposal of leaves and yard rakings, then open burning of leaves and yard rakings may be permitted only between the hours of 8:00 a.m. and 4:00 p.m. A permit for such burning must be obtained from the Fire Marshal's office. Nevertheless, such a permit shall be valid and subject to use only if the burning can be conducted in such a way and under such meteorological conditions as will not create a nuisance on the date or dates for which the permit has been given.
    F. 
    Airborne particulate matter. No person shall cause or permit the handling or transporting or storage of any material in a manner which allows or may allow excessive amounts of particulate matter to become airborne. No person shall cause or permit a building or its appurtenances, or a road or a driveway or an open area to be constructed, used, repaired or demolished without applying all reasonable measures as may be required to prevent particulate matter from becoming airborne.
    G. 
    Odors.
    (1) 
    No person shall cause, suffer, allow or permit release of one or more air pollutants of such quantities and such characteristics and duration as to create objectionable odors on or near to residential, recreational, retail sales, hotel or educational premises.
    (2) 
    The requirements of this § 11-6 shall apply to objectionable odors. An "objectionable odor" is defined as one which is believed to be objectionable by 30% or more of a sample of people exposed to it in usual places of occupancy, 75% or more of those exposed if fewer than six people are exposed, or as the existence of a chemical species in such quantity as to exceed the threshold level for that species as defined by the Manufacturing Chemical Association.