[HISTORY: Adopted by the Board of Trustees of the Village
of Old Brookville. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Air Pollution
Control Law of the Village of Old Brookville."
A.
It is the policy of the Incorporated Village of Old Brookville to
maintain a reasonable degree of purity of its air resources, which
shall be consistent with the public health and welfare and the public
enjoyment thereof, the propagation and protection of flora and fauna,
and the protection of physical property and other resources, and to
that end, to require the use of all available, practical and reasonable
methods to prevent and control air pollution in the Village. It is
also the policy of the Village to protect property and life from fire
hazards and health hazards and to prohibit and prevent the unnecessary
emission of smoke, noxious gases, deposits and other pollution and
to preserve and protect the property and the lives, health, safety,
peace, good order, morals and general welfare of the Village and its
inhabitants.
B.
It is also the policy of the Village to protect property and life
from the hazard of fire which is found to be increased by accumulations,
in the many open and wooded areas of the Village, of tree trimmings,
tree cuttings, dead, fallen and felled trees, branches, brush, leaves,
grass, weeds, and other vegetation.
C.
In these connections, and in the furtherance of these policies, the Village has heretofore adopted and amended Chapter 300, Zoning, which limits commercial uses of land which requires relatively low density of population, thereby reducing possible sources of air pollution within the Village to the betterment of the air resources of not only the Village but also the County of Nassau and the State of New York.
D.
It is noted that the Village is located in the northerly section
of Nassau County and is contiguous to other villages having similar
low densities of population and that the prevailing winds in the Village
are in the direction of other areas of low density of population and
the waters and bays of Long Island Sound.
It is the purpose of this chapter to safeguard the air resources
of the Village from pollution by:
A.
Controlling or abating air pollution existing when this chapter is
enacted; and
B.
Preventing new air pollution under a program which shall be consistent
with the declaration of policy above stated, and at the same time
to preserve and protect the property and the lives, health, safety,
peace, good order and general welfare of the Village and its inhabitants.
As used in this chapter, unless the context or subject matter
otherwise requires, the following words and phrases shall have the
meanings ascribed to them in this section.
A dust, fume, gas, mist, odor, smoke, vapor, pollen or any
combination thereof.
The presence in the outdoor atmosphere of one or more air
contaminants in quantities, or characteristics and of a duration which
are injurious to human, plant or animal life or to property or which
unreasonably interfere with the comfortable enjoyment of life and
property through the state or throughout such areas of the state as
shall be affected thereby; excluding, however, all conditions subject
to the requirements of the Labor Law and Industrial Code.
Any device capable of causing the emission of an air contaminant
into the atmosphere and any stack connected or attached thereto or
serving the equipment.
Any incinerator served by a vertical changing flue.
Any furnace, boiler, water heater, device, mechanism, stack,
structure, oven, stove, kiln, still, or other apparatus, other than
a motor vehicle or motor boat, used to burn fuel or other combustible
material.
Waste resulting from distribution, preparation and serving
of food.
Any fire or smoke-producing process wherein the combustion
products are directly emitted into the atmosphere without passing
through a stack.
Any liquid (other than water) or any solid which is so finely
divided as to be capable of being windblown or of being suspended
in air or other gas or vapor.
Any individual, public or private corporation, partnership,
association, firm, trust, estate or any other legal entity whatsoever
which is recognized by law as the subjects of rights and duties.
Any equipment, as defined herein, capable of being moved
from place to place for temporary operation.
Garbage, rubbish, and trade wastes.
Any incinerator, device, equipment or other apparatus designed
to burn refuse and other waste.
Includes any solid or liquid waste material including paper,
rags, ashes, furniture, tin cans, glass, crockery, demolition material,
discarded automobiles, tires, automotive parts, paint and oils.
Any conduit, chimney, duct, vent, or flue arranged to conduct
gaseous or gas-bourne products to the outer air.
Includes any combustible solid or liquid material resulting
from construction, or any business, trade or industry operations,
including, but limited to, the following materials: plastics, cartons,
chemicals, paints, greases, oils, other petroleum products, sawdust,
dead animals, and dead fowl.
No person shall burn in the Village any garbage, refuse, rubbish or trade wastes whatsoever in any open fire or in any fuel-burning equipment, flue-fed incinerator or refuse burning equipment through any stack except to the extent and as permitted by the provisions of § 25-7 hereof, and no person shall make or allow any open fire on his or her premises except as permitted by the provisions of § 25-7 hereof.
When not temporarily prohibited for fire protection reasons
by the State Commissioner of Environmental Conservation, the police,
local fire wardens or other fire prevention officials, the following
types of open burning are permissible:
A.
Any person who shall be the occupant of any building which constitutes a lawful use under and otherwise complies with the provisions of Chapter 300, Zoning, of the Code of the Village of Old Brookville,and the State Uniform Fire Prevention and Building Code,[1] may at any time heat, cook or maintain fires in open fireplaces
in any chimney in any such building or using oil, gas, coal, wood,
paper, electricity or other fuel used for any such purposes through
any furnace, water heater, device, mechanism, stack, structure, oven
stove, kiln or other apparatus.
B.
No person shall, however, cause or permit the use of a kind or grade
of fuel in any such apparatus which is not designed to burn that kind
or grade of fuel.
A.
No person shall cause or permit the engine of a motor vehicle, other
than a legally authorized emergency vehicle, to idle for longer than
three consecutive minutes while parking, standing, or stopping (as
such terms are defined in the Vehicle and Traffic Law of the State
of New York) anywhere in the Village unless the engine is being used
to operate a loading, unloading, or processing device.
B.
No person shall cause or permit the operation of any other portable
internal combustion engine or similar portable equipment which emits
visible air contaminant:
No person shall cause or permit a building or its appurtenances
or a road to be constructed, altered, repaired or demolished without
taking such precautions as may be required by the Board of Trustees
to prevent air contaminants from becoming airborne. The Building Inspector
and the Road Commissioner shall impose such conditions and restrictions
in the issuance of building and road construction permits as the Board
of Trustees shall at any time and from time to time find necessary
to prevent air contaminants from becoming airborne.
Subject to such conditions as may be reasonable imposed, the
Board of Trustees may grant a variance from the provisions of this
chapter and suspend the enforcement thereof as to any person who shall
show in the case of such person and of the activity which such person
then proposes to operate that a compliance by such person would constitute
an undue hardship on such person or present practical difficulties
for such person and would be out of proportion to the benefits to
be obtained thereby; provided, however, that such variances shall
not be granted where the person applying therefor will cause air pollution
which constitutes a health hazard; and provided, further, that any
variance so granted shall not be so construed as to relieve such person
from any liability imposed by any other law, ordinance, rule or regulations
for the commission or maintenance of a nuisance.
Any person who shall violate any provision of this chapter shall be punished as provided in Chapter 1, General Provisions, of the Code of the Village of Old Brookville.
