[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."
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.
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.
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.
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:
Controlling or abating air pollution existing when this chapter is enacted; and
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.
- AIR CONTAMINANT
- A dust, fume, gas, mist, odor, smoke, vapor, pollen or any combination thereof.
- AIR POLLUTION
- 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.
- FLUE-FED INCINERATOR
- Any incinerator served by a vertical changing flue.
- FUEL-BURNING EQUIPMENT
- 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.
- OPEN FIRE
- Any fire or smoke-producing process wherein the combustion products are directly emitted into the atmosphere without passing through a stack.
- PARTICULATE MATTER
- 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.
- PORTABLE EQUIPMENT
- Any equipment, as defined herein, capable of being moved from place to place for temporary operation.
- Garbage, rubbish, and trade wastes.
- REFUSE-BURNING EQUIPMENT
- 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.
- TRADE WASTE
- 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:
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, 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.
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.
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.
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.