[HISTORY: Adopted by the Council of the City
of Schenectady 2-9-1970 by Ord.
No. 15274.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 147.
Fire prevention and protection — See Ch. 156.
[1]
Editor's Note: The provisions of this chapter
are derived from Ch. 4 of the former Revised Ordinances, adopted 2-9-1970
by Ord. No. 15274.
A.
It is hereby declared to be the public policy of the
City to preserve, protect and improve the air resources of the City
so as to promote health, safety and welfare; prevent injury to human
health, plant and animal life and property; foster the comfort and
convenience of its inhabitants; and, to the greatest degree practicable,
facilitate the enjoyment of the natural attractions of the City.
B.
It is the purpose of this chapter to safeguard the
air resources of the City from air pollution.
As used in this chapter, the following terms
shall have the meanings indicated:
A plant, equipment or device in which fuel is burned for
the purpose of generating heat, steam or hot water.
Particulate and gaseous contaminants created by the burning
of any kind of material.
The Commissioner of Health of the City, or his duly appointed
representatives.
The Department of Health of the City.
Solid, liquid or gaseous combustible materials used primarily
either to kindle or sustain fire or produce heat, including refuse
to be consumed in refuse-burning equipment.
Waste resulting from distribution, preparation and serving
of foods.
Any fire wherein the combustion products are directly emitted
into the outer air without passing through a stack.
Garbage, rubbish and trade wastes.
The chart published and described in the United States Bureau
of Mines Information Circular 7718, on which are illustrated graduated
shades of gray to black for use in estimating the light obscuring
density of smoke.
Solid waste material, including but not limited to rags,
ashes, leaves, tree branches, yard trimmings, furniture, tin cans,
glass, crockery, demolition materials, discarded automobiles and automotive
parts, paints and oils.
Small gasborne particles, consisting essentially of black
carbonaceous material from the burning of fuel, in sufficient number
to be observable.
Any conduit, chimney, duct, vent or flue arranged to conduct
any gaseous or gasborne products to the outer air.
Flammable or combustible solid or liquid material resulting
from construction or any business, trade or industry operations, including
but not limited to the following materials: plastics, cartons, chemicals,
paints, greases, oils and other petroleum products, sawdust, dead
animals and dead fowl.
The Commissioner shall have the following powers
and duties:
A.
To investigate complaints, make observations of smoke
and other air-polluting conditions and air-pollution nuisances and
require the necessary and proper steps to minimize the effect, hazard
or nuisance therefrom.
B.
To inspect, from time to time, any installation, equipment,
devices and appurtenances thereto that may, can or do cause air pollution
or an air-pollution nuisance.
C.
To enforce the provisions of this chapter and to commence
and prosecute any legal or equitable action to enforce the penalties
provided for violation of this chapter.
D.
To disseminate information to the public on air-pollution
reduction or control.
E.
To enlist the cooperation of civic, trade, technical,
scientific, educational, governmental and other organizations in the
control and reduction of air pollution.
No person shall burn any refuse in any open
fire, except that:
A.
No person shall operate any fuel-burning equipment
or other combustion installation so as to produce, emit or permit
the escape of smoke, regardless of how produced or discharged, of
a shade-of-gray density darker than No. 1 on the Ringelmann Chart
or equivalent standard, except that:
(1)
Fuel-burning equipment or other installations which
were in operation on or before February 1, 1967, may emit or permit
the escape of smoke of a shade-of-gray density not darker than No.
2 on the Ringelmann Chart or equivalent standard.
(2)
When building a new fire, tube blowing or when a breakdown
of equipment occurs such as to make it evident that the emission was
not reasonably preventable, smoke not darker than No. 3 on the Ringelmann
Chart or equivalent standard may be emitted for a period or periods
aggregating three minutes in any thirty-minute period.
(3)
Smoke may be emitted for the purpose of training or
research when approved by the Commissioner of Health.
B.
No person shall discharge from any source whatsoever
such quantities of air contaminants or other material which cause
injury, detriment, nuisance or annoyance to any considerable numbers
of persons or to the public or which endanger the comfort, repose,
health or safety of any such persons or the public or which cause,
or have a natural tendency to cause, injury or damage to business
or property.
C.
No person shall undertake to construct a new installation
which will, or might reasonably be expected to, contribute to air
pollution, or make modifications to an existing installation which
will, or might reasonably be expected to, increase the amount or change
the effects or the characteristics of the air contaminants discharged,
or install an air-cleaning device without first submitting plans and
specifications to the Commissioner for approval of the initiation
of construction. These plans and specifications will be reviewed in
accordance with the Rules to Prevent New Air Pollution, adopted by
the New York Air Pollution Control Board, as authorized by Public
Health Law, Article 12-A.
No person shall interfere or attempt to interfere
with the personnel of the Department in the performance of any duty
hereunder or refuse to permit the inspection or examination of any
premises by authorized persons for purposes of investigating compliance.
A.
Any person who violates any provision of this chapter
or any state rule of air pollution control shall, upon conviction
thereof, be punished by a fine not exceeding $150 or by imprisonment
for a term not exceeding 150 days, or both, or by a penalty not exceeding
$500, to be recovered in a civil action. Each day a violation of this
chapter shall continue shall constitute a separate offense.
[Amended 6-2-1986 by L.L. No. 3-1986]
B.
Action pursuant to Subsection A of this section shall not be a bar to enforcement of this chapter in force pursuant thereto, and orders made pursuant to this chapter, by injunction or other appropriate remedy, and the Department shall have the power to institute and maintain in the name of the City any and all such enforcement proceedings.
C.
Nothing in this chapter shall be construed to abridge,
limit or otherwise impair the right of any person to damages or other
relief on account of injuries to persons or property and to maintain
any action or other appropriate proceeding therefor.
