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.