[Ord. No. 2002.112,[1] (preface), 11-6-2002]
(a)
General. The City of Biddeford Air Toxics Control Ordinance is a
comprehensive regulatory plan to prevent, control, abate and limit
the emission of toxic air pollutants into the ambient air. Reaching
beyond the State of Maine's current program to promote voluntary reductions
in toxic air pollutants, the article prescribes twenty-four-hour and
annual ambient air limits which are intended to promote public health
by reducing actual and potential human exposure to toxic air pollutants
which are known to cause, or may be reasonably anticipated to cause
adverse health effects, including increased cancer risk. This article
establishes a permit system administered and enforced by the Biddeford
Environmental Board to regulate the emission of toxic air pollutants.
This article initially regulates toxic air emissions sources which
are now regulated by the State of Maine as minor or major sources
of air pollution for other pollutants. This article also requires
a newly created environmental officer to conduct a comprehensive emissions
inventory of other sources of toxic air emissions not now regulated
by the state and directs the Environmental Code Officer to recommend
regulating additional sources of such emissions after evaluation of
the inventory.
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This article is authorized under 30-A M.R.S.A. § 3001,
38 M.R.S.A. § 597, and all other applicable laws of the
State of Maine.
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(b)
Organization and history. This article is divided into divisions
for general application and for specific environmental concerns.
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Division 1 encompasses the purposes and policies of this article,
statement of authority, and general definitions.
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Division 2 establishes the organization and powers of the Environmental
Board and the Environmental Code Officer, and sets forth the system
for permit administration, investigation, enforcement and penalties.
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Division 3 sets forth general content requirements for applications,
procedures for hearings on applications, fees and appeal procedures.
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Division 4 regulates toxic air pollutant emissions.
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Division 5 regulates recordkeeping, reporting and monitoring
of permitted toxic air pollution sources.
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The City of Biddeford may revise this article in accordance
with applicable state and local law to accommodate changes in state
and federal law. Persons referring to this article should obtain from
the City Clerk any amending ordinances subsequent to this article
in order to review a current and complete version of this article.
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[1]
Editor's Note: This ordinance also repealed former Art. IV,
adopted 11-7-2001 by Ord. No. 2001.102.
[Ord. No. 2002.112, § 1-101, 11-6-2002]
This article shall be known and may be cited as the "City of
Biddeford Air Toxics Emissions Control Code."
[Ord. No. 2002.112, § 1-102, 11-6-2002]
(a)
In enacting this article, the City finds that:
(1)
Chemical substances and mixtures are used each year by the manufacturing,
production, service, educational, research, and health sectors of
our economy, including within the City;
(2)
Among the many chemical substances and mixtures which are being
developed, produced and used, there are many whose manufacture, processing,
use and disposal may present an unreasonable risk of injury to health
or to the environment;
(b)
It is the intent of the City that the Biddeford Environmental Code
Officer and the Biddeford Environmental Board shall carry out the
purposes and policies of this article in a reasonable and prudent
manner.
(c)
The purposes and policies of this article are:
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The City of Biddeford has enacted this article in order to reduce
the risks associated with exposure to toxic air pollutants and thereby
promote and protect the public health by inventorying, controlling,
abating and limiting the emissions of air toxics into the ambient
air. This article is enacted pursuant to the Home Rule powers bestowed
upon the City of Biddeford by the Constitution and laws of the State
of Maine. This article is intended to provide a comprehensive scheme
of air toxics regulation at the local level in furtherance of the
policies reflected in federal and state environmental laws and regulations
for the protection of the human public health and environment. It
is enacted to identify, prevent, reduce and eliminate threats to the
public health and environment posed by the discharge of toxic air
pollutants. This article seeks to be consistent with federal, state
and local environmental laws and regulations, while imposing stricter
standards where permitted by applicable law. Therefore, to the extent
feasible, procedures under this article will encourage cooperation
and sharing of information with other permitting agencies of government
and devising forms and filing requirements which correspond to or
can be satisfied by those employed by other governmental agencies.
Where it aids the timely execution of these duties, the Board may
consent to hold hearings jointly with other agencies of government
considering similar permits or approvals.
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In addition to the foregoing, the purposes and policies of this
article are:
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(1)
To help ensure the protection of human health and the environment
in the City of Biddeford by reducing the potential for exposure to
air toxics in local commercial, industrial and residential areas;
(2)
To help conserve and protect the City of Biddeford's natural
resources;
(3)
To control and monitor through a permitting system the amount
of air toxics which can be discharged or emitted into the City of
Biddeford's environment;
(4)
To foster local control of the environment through the exercise
of the City of Biddeford's home rule authority;
a.
By bestowing certain powers and duties upon the City of Biddeford's
Environmental Board and the City of Biddeford's Environmental Code
Officer;
b.
By establishing uniform procedures and guidelines for the protection
of public health, welfare and safety and the environment, including
during emergency conditions which create or are likely to create a
substantial and immediate danger;
c.
By providing procedures to inventory, abate, reducing and control
the air toxics emissions within the City of Biddeford's environment;
and
d.
By providing a system for the imposition of penalties, stop
orders and injunctions for violations of this article in order to
foster compliance with this article and the terms and conditions of
any permits, orders or approvals issued pursuant to this article;
(5)
To implement federal and state policies that encourage municipalities
to regulate the environment;
(6)
To provide for the careful planning, analysis, and management
of air toxics emissions within the City of Biddeford to prevent damage
to human health and the environment;
(7)
To maintain and improve the chemical, physical, and biological
integrity of the City of Biddeford's air;
(8)
To encourage pollution prevention through appropriate voluntary,
cooperative and collaborative activities involving representatives
of the City and others including individuals and companies residing
or doing business in the City of Biddeford; provided, however, nothing
said or done by any one or more members of the Environmental Board
or the Environmental Code Officer or any other representative of the
City of Biddeford in any such collaborative or cooperative program
shall be legally sufficient to work any estoppels or otherwise to
commit or bind the Board or the City on any issue relating to any
provision of this article or any permit or order issued hereunder.
(d)
This article shall be liberally construed to effectuate its purposes
and policies.
[Ord. No. 2002.112, § 1-103, 11-6-2002]
This article is enacted pursuant to the Constitution of the
State of Maine, 30-A M.R.S.A. § 3001, 38 M.R.S.A. § 597,
and all other applicable laws of the State of Maine and the United
States.
[Ord. No. 2002.112, § 1-104, 11-6-2002]
This article applies to all persons conducting activities in
the City of Biddeford, which are regulated by this article.
[Ord. No. 2002.112, § 1-105, 11-6-2002]
If any provision or section of this article, or the application
thereof to any person or circumstance, is held void or invalid, such
invalidity shall not effect other provisions or applications of this
article that can be given effect in whole or in part without the invalid
provision or application, and to this end each provision of this article
is declared to be severable and independent. It is the intent of the
City of Biddeford that each and every part, clause, paragraph, section
and subsection of this article be given effect to the degree possible.
[Ord. No. 2002.112, § 1-106, 11-6-2002]
(a)
This article shall be effective on March 1, 2002. It shall apply
to all existing and new sources of air toxics pollution, the construction
or operation of which begins after the effective date.
(b)
The Board shall approve and furnish forms as required by this article
for each permit or approval. Within six months of the Board's approval
of the form of application for any permit or approval required under
this article, every person subject to this article shall file with
the Board an application for each such permit or approval required.
(c)
Any existing source, activity or discharge of a regulated pollutant
within the City of Biddeford at the time of enactment of this article
is deemed an "existing source." Any person owning or operating an
existing source shall make application for all permits or approvals
governing activities subject to this article within six months after
the Board approves the forms for applications under any provision
of this article. During this period for application an existing source
may continue to operate under permits, licenses and approvals issued
pursuant to state and federal law.
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Existing sources may not continue to operate without the required
permit(s) or approval(s) under this article beyond a point six months
after the Board approves the forms for applications under any provision
of this article; provided, however, that the owner or operator of
an existing source who has made timely application for all necessary
permits or approvals under this article and pays the application fees
when due in accordance with Section 3-114 shall be allowed to operate
under its existing state and federal permits, licenses, and approvals
until such time as the Board has denied a particular required permit
or approval. An existing source may continue to operate pending a
decision of the Board upon a timely filed petition for reconsideration
or timely filed judicial appeal of a denial of an application for
a permit. Nothing in this provision is intended to supersede the authority
of any state or federal agency of government to protect the public
health, safety, welfare and environment against public nuisances or
imminent threats.
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(d)
Prior to the termination of an existing permit or approval under
this article, an applicant subject to this article shall reapply for
a renewed permit or approval. If such application is deemed to be
complete for processing prior to the expiration of the permit, the
applicant shall be entitled to continue operation under the current
permit or approval until the Board renders a decision on the application
for permit renewal.
[Ord. No. 2002.112, § 1-107, 11-6-2002]
Nothing in this article may be construed to affect any substantive
right or obligation gained by any person solely under the provisions
of any law repealed or amended by this article. All substantive rights
and obligations created under the provisions of any law repealed or
amended by this article continue in effect.
All officers, officials or other persons elected, appointed,
hired or otherwise selected to act in any capacity under provisions
repealed or amended by this article shall continue in that capacity
under the provisions of this article.
[Ord. No. 2002.112, § 1-108, 11-6-2002]
Nothing in this article is intended, nor shall be construed,
to limit, impair, abridge, create, enlarge or otherwise affect, substantively
or procedurally, the right of any person to damages or other relief
on account of injury to persons or property due to any violation of
this article or to activity subject to this article and to maintain
any action or other appropriate procedure therefor; nor to so affect
the powers of the City to initiate, prosecute and maintain actions
to abate public nuisances.
Nothing in this article is intended, nor shall be construed,
to limit, impair or abridge, substantively or procedurally, the powers
of the City of Biddeford under state or common law to protect the
general health, safety and welfare by initiating, prosecuting and
maintaining actions concerning activities not in violation of this
article.
[Ord. No. 2002.112, § 1-201, 11-6-2002; Ord. No. 2005.37, 5-17-2005]
Subject to additional definitions contained in the subsequent
divisions of this article which are applicable to specific parts or
parts thereof, and unless the context otherwise requires, in this
article the following terms have the following meanings:
The publication entitled "The Threshold Value Limits (TLVs)
and Biological Exposure Indices (BIEs)" published in 2001 by the American
Conference of Governmental and Industrial Hygienists.
The actual rate of emissions of a pollutant from a device
or process. In general, actual emissions as of a particular date shall
equal the average rate, in pounds, at which the unit actually emitted
the pollutant. Actual emissions shall be calculated using the unit's
actual operating hours, production rates, applicable control efficiency
for pollution control equipment in actual operation, and types of
materials processed, stored, or combusted during the selected time
period.
Soot, cinders, ashes, any dust, fume, gas, mist (other than
water), odor, toxic or radioactive material, particulate matter, or
any combination thereof.
The unconfined atmosphere that envelops the earth.
The standard that establishes the maximum allowable concentration
of emissions of a specific regulated toxic air pollutant at or beyond
the compliance boundary.
Any person applying for a permit, certification, approval,
or similar form of permission, or a modification, repeal or renewal
thereof, from the Biddeford Environmental Board.
A two-dimensional horizontal source from which air emissions
are being released at a relatively uniform rate from every part of
its surface.
In general, initiation of physical on-site construction activities
on an emissions unit which are of a permanent nature. Such activities
include, but are not limited to, installation of building supports
and foundations, laying of underground pipework, and construction
of permanent storage structures. With respect to a change in method
of operation, this term refers to those on-site activities, other
than preparatory activities, which mark the initiation of the change.
The permit which may be issued by the Biddeford Environmental
Board pursuant to this article.
A waste that may contain human pathogens of sufficient virulence
and in sufficient concentrations that exposure to it by a susceptible
host could result in disease. Such wastes shall include, but not be
limited to, those wastes defined in 06 096 CMR 900(7)(A).
The City of Biddeford Environmental Board.
British thermal units.
The City officers elected to the City of Biddeford Council
by the residents of the City.
The boundary of the property on which the stationary source
is located or an alternate compliance boundary, located beyond the
said boundary of the property established in a permit issued in accordance
with this article.
Calendar day.
Any burner, furnace, machine, equipment, or article which
emits a regulated toxic air pollutant into the ambient air.
A release of an air contaminate into the ambient air.
The City of Biddeford Environmental Code Officer.
An air emission rate of a regulated air toxic pollutant which
exceeds any applicable emission or ambient air limitation.
Any source of regulated air toxics emissions within the City
of Biddeford which began actual construction, operation or discharge
prior to the time of enactment of relevant portions of this article.
Any stationary source which emits or has the potential to
emit regulated air toxics.
A waste substance or material, in any physical state, designated
as hazardous under 06 096 CMR 850(3)(A)(3). It does not include waste
resulting from normal household or agricultural activities. The fact
that a hazardous waste or a part or a constituent may have value or
other use or may be sold or exchanged does not exclude it from this
definition.
Any person having a property right or interest in a facility
or who may be aggrieved by the granting, modification, repeal or denial
of any permit, approval or order by any proceeding under this article.
The Board.
A permit amendment for (a) the correction of typographical
errors, (b) the identification of an administrative change, (c) a
change in monitoring and reporting requirements, (d) the emission
of a regulated toxic air pollutant not identified on a permit issued
under this article in an amount above the established de minimus levels
which will not exceed the ambient air limits for the regulated pollutant
established in Table I,[1] (e) any other changes approved by the ECO which meet the
criteria of a minor modification.
Any physical or operational change in a stationary source
or device which increases the amount of a specific regulated toxic
air pollutant emitted by such source or device, or which results in
the emission of any additional regulated toxic air pollutant in excess
of the ambient air limits for the regulated pollutant established
in Table I[2] and which is not a minor modification.
The Maine Department of Environmental Protection.
Any source of a regulated pollutant or contaminant which
begins construction, operation or discharge after the effective date
of relevant portions of this article.
The several divisions comprising this article, as may be
amended from time to time.
Any permit, certificate, approval, registration, schedule
of compliance or similar form of permission required or authorized
by this article.
Any occurrence that results in an excursion from any emission
limitation, ambient air limit, operating condition or work practice
standard as specified in a permit or compliance schedule issued under
this article.
A person who has received a permit pursuant to any division
of this article.
An individual, corporation, partnership, association, federal,
state or local governmental entity, or a combination thereof, and
the agents of same.
Any person who because of an act or failure to act by the
issuing authority, may suffer an injury, in fact, which is different
either in kind or magnitude from that suffered by the general public
and which is within the scope of the interests identified in this
article. Such person must specify in writing sufficient facts to allow
the Board to determine whether or not the person is aggrieved.
Any device that treats, removes, restricts, or otherwise
controls the release or discharge of regulated toxic air pollutants
that is not vital to normal production or operations.
Any operation which combines devices, equipment, raw materials,
utilities, and manpower for the production of goods, services, energy,
pollution control, or other purposes which emits a regulated toxic
air pollutant into the ambient air.
An estimate established by the United States Environmental
Protection Agency of a daily exposure to the human population, including
sensitive subgroups, that is likely to be without an appreciable risk
of deleterious non cancer effects during a lifetime.
Municipal solid waste which has been processed prior to combustion
to increase the heat input value of the waste.
Any substance or compound emitted into the ambient air by
a stationary source or process in an amount exceeding the facility
threshold amounts established for the substances and compounds listed
in Appendix B to Chapter 115 of the Maine DEP Air Emission Rules (06
096 Code of Maine Rules Chap. 115, as amended) and designated a regulated
toxic air pollutant under the applicable provisions of this article.
Regulated toxic air pollutants are:
Those hazardous air pollutant chemical substances for which
a facility threshold limit has been established by the Maine Department
of Environmental Protection pursuant to 06 096 CMR 115 (Appendix B),
as amended and which appear on Table I attached to this article; and
Those substances and compounds which are designated as regulated
toxic air pollutants by being added to Table I in accordance with
the applicable provisions of this article.
Any building, structure, facility, device, or installation
that emits or may emit a regulated toxic air pollutant or air contaminant
into the ambient air.
The total facility limit in pounds per year as set forth
in Table C of Appendix B attached to Chapter 115 of the Maine DEP
Air Emission Rules, as amended (06 096 CMR 115).
An analysis for hydrogen, carbon, nitrogen, oxygen and chlorine,
as approved by the ECO.
Any emission of a regulated toxic air pollutant into the
ambient air from a device or process at a stationary source without
consideration of treatment or removal by pollution control equipment
prior to being emitted, or license conditions specifically limiting
an applicable RTAP in an enforceable permit or document.
[1]
Editor's Note: Table I is included at the end of this chapter.
[2]
Editor's Note: Table I is included at the end of this chapter.
