Chapter 43 AIR POLLUTION.
Section 43-4 SOOT, CINDERS AND FLY ASH.
A. Emission prohibited. No person shall cause or allow
the escape or emission from any stack
into the open air of such quantities of soot, cinders or fly ash in such place or manner as to cause
injury, detriment or nuisance to any person or to the public or in such manner as to cause or have
a tendency to cause injury or damage to business or property.
B. Permissible amounts of fly ash.
1. No person shall operate or cause
to be operated or maintained or cause to be maintained
any furnace or combustion device for the burning of solid fuel unless the quantity of fly ash
emitted into the open air shall not exceed seventy-five hundredths (0.75) grain per cubic foot of
flue gas at a stack temperature of five hundred degree's Fahrenheit (500 degrees F), applying to a
stack temperature of eight hundred fifty degrees Fahrenheit (850 degrees F) or less, of which
amount not to exceed two-tenths (0.2) of a grain per cubic foot shall be of such size as to be
retained on a three-hundred-twenty-five-mesh United States standard sieve. These conditions are
to be conformed to when the percentage of excess air in the stack does not exceed fifty percent
(50%) at full load.
2. Any person violating the provisions
of this subsection shall have ninety (90) days after
notification by the Air Pollution Commission or its representative within which to cause such
furnace or combustion device to comply with the provisions of this subsection. The Town
Council, upon the recommendation of the Air Pollution Commission, may extend this time
during a period of construction which is being done to comply with this chapter.
C. Emission a public nuisance. The escape or emission
of soot, cinders and fly ash, as
prohibited herein, is hereby declared to be a public nuisance.
D. Exempted emissions. In the event of a breakdown of
any furnace or combustion device
mentioned in Subsection B or other failure which is not reasonably preventable and which causes
the quantity of fly ash emitted into the open air to exceed the quantity mentioned in such
subsection, the emission of such fly ash shall be permitted for a reasonable time during the
period of such breakdown or failure. The person responsible for such equipment or failure shall
notify forthwith the Air Pollution Commission or its representative of such breakdown or failure,
shall give the reasons therefor, shall exercise every reasonable effort to prevent without undue
delay the emission of smoke of a greater quantity than permitted by Subsection B, shall state
when such breakdown or failure will be corrected and shall notify the Air Pollution Commission
or its representative when such breakdown or failure has been corrected.
E. Defined. As used in this chapter, the following terms
shall have the meanings indicated:
SOOT, CINDERS AND FLYASH - Considered to be all matter other than dense smoke, and
shall include coke, cinders, dust and soot formed as a result of the combustion of fuel which is
carried in the gas stream so as to reach the external air and which have not been completely
consumed by the combustion process.