Chapter 9.28
AIR POLLUTION1linklink

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9.28.010: SHORT TITLE:
9.28.020: PURPOSE AND FINDINGS:
9.28.030: DEFINITIONS:
9.28.040: ADMINISTRATION AND ENFORCEMENT:
9.28.050: SMOKE EMISSION; RESTRICTIONS:
9.28.060: ATMOSPHERIC POLLUTANTS; RESTRICTIONS:
9.28.070: PARTICULATE MATTER; RESTRICTIONS:
9.28.080: COMBUSTION FOR INDIRECT HEATING:
9.28.090: AIR CONTAMINANT EMISSION REDUCTION PROGRAM:
9.28.100: CORRECTIVE INSTALLATION COMPLIANCE SCHEDULE:
9.28.110: SURFACING OR TREATMENT OF PARKING OR SALES LOT OR PRIVATE ROADWAY:
9.28.120: HANDLING OF MATERIALS SUSCEPTIBLE TO BECOMING WINDBORNE:
9.28.130: OPEN FIRES:
9.28.135: OPEN BURNING OF LEAVES:
9.28.140: INCINERATORS:
9.28.150: TESTS OF FUEL-BURNING, COMBUSTION OR PROCESS EQUIPMENT:
9.28.160: REMEDY FOR INJURY OR DAMAGE NOT LIMITED:
9.28.170: REGISTER OF POLLUTANTS AND SUPPRESSION EQUIPMENT REQUIRED:
9.28.180: CONFLICT WITH OTHER ORDINANCE PROVISIONS:
9.28.190: PENALTY FOR VIOLATION:
9.28.200: TABLE 1 - ALLOWABLE RATES OF EMISSION:

9.28.010: SHORT TITLE: linklink


The Ordinance codified in this Chapter shall be known, cited, and referred to as the CITY OF ELGIN AIR POLLUTION CONTROL ORDINANCE. (Ord. G-1375 § 1, 1970; prior code § 18-801)
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9.28.020: PURPOSE AND FINDINGS: linklink


A. The Ordinance codified in this Chapter is adopted to regulate the production and emission of smoke, the constituent parts thereof, fly ash, soot, cinders, toxic and radioactive substances, waste, noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, dusts, particulate, solid or liquid matter or any other materials that are of such character as to create atmospheric pollution, from any stack, chimney, portable boiler, vehicle, process, open fires, or other source, within the jurisdiction of the City; to prohibit emissions of such substances beyond defined limits; to define a nuisance respecting the same and to provide special limitations or provisions for processes and equipment with respect to which feasible methods of measurement and control of emissions have yet to be developed; to provide for permits for the installation, construction, reconstruction, addition to, alteration, repair and use of fuel and refuse-burning plants, processes, equipment and devices, and smoke abatement, dust-arresting and air pollution control equipment or devices; to regulate the sale, use and consumption of certain solid fuels; to regulate the sale of equipment and devices; to provide for inspections and tests of fuel and refuse-burning equipment and devices, plants and processes and for the issuance of permits and certificates of operation and for fees therefor; to regulate windborne sources of air pollution; to promote research of means and methods of more efficient fuel combustion and air pollution prevention; and to promote an educational program, in cooperation with interested agencies, both public and private, for air purification.


B. The Mayor and Council find and determine:

1. Air pollution in all its forms, including smoke, vapors, noxious odors, dusts, particulates, and windborne matter, is a menace to the health, safety, comfort, convenience and general welfare of all citizens.

2. Preventable air pollution can be corrected or removed as a public hazard through intelligent action involving engineering, science, equipment, research and education.

3. Excessive emissions of smoke and other air contaminants are causing atmospheric pollution within the corporate limits of the City which ought to be abated, and the resultant deleterious effect upon the public health and welfare, property and business, requires the adoption of a comprehensive and integrated plan for smoke and air pollution control. (Ord. G-1375 § 1, 1970; prior code § 18-802)

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9.28.030: DEFINITIONS: linklink

For the purpose of this Chapter, whenever any of the following words, terms or phrases are used in this Chapter, they shall have the meanings ascribed to them in this Section:

ASME: The American Society of Mechanical Engineers.

ASTM: The American Society for Testing Materials.

AIR FURNACE: A horizontal furnace, externally fired with a natural draft stack, which is used to melt or treat ferrous materials for production of castings.

AIR JETS: Any apparatus operated by steam or compressed air or a mechanically driven blower for the purpose of causing high velocity air to be introduced into a furnace and/or to cause a more complete mixture of oxygen with the gases of combustion above the fuel bed.

ASHES: Includes cinders, fly ash or any other solid material resulting from combustion, and may include unburned combustibles.

ATMOSPHERE: See definition of Open Air.

ATMOSPHERIC POLLUTION: The discharging from stacks, chimneys, exhausts, vents, ducts, openings, buildings, structures, premises, open fires, portable boilers, vehicles, processes, or any other source, of any smoke, soot, fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic or radioactive substances, waste, particulate, solid, liquid or gaseous matter, or any other materials in such place, manner or concentration as to cause injury, detriment, or nuisance to the public, or to endanger the health, comfort, repose, safety or welfare of the public, or in such a manner as to cause or have a natural tendency to cause injury or damage to plant or animal life, business or property.

AUTOMOBILE AND/OR TRUCK SALES LOT: Any land area used or intended to be used for the display and/or sale of passenger automobiles and/or commercial vehicles.

BAFFLING: Any row, rows, plane, or planes of refractory or other material that causes the gases in a steam boiler or other vessel, duct or device to assume a definite and predetermined path of travel before reaching the chimney or smokestack.

BASIC OXYGEN FURNACE (BOF): A furnace in which the melting and refining of iron are accomplished by the addition at high velocities of large amounts of high purity oxygen to the atmosphere above the surface of the metal bath. The metal is held in a tiltable vessel with a basic refractory lining. Such a furnace includes the furnace proper, oxygen lance, scrap and flux charging units, iron transfer units, gas-collecting and gas-cleaning equipment and stacks and any other auxiliaries pertinent to the process. BOF may be referred to as "basic oxygen plants" (BOP) or basic oxygen vessels (BOV).

BESSEMER CONVERTERS AND PNEUMATIC STEEL-MAKING PROCESSES: Processes by which steel is made directly from molten iron or scrap metal by forcing gases through or over the molten metal to oxidize and carry off the carbon and other impurities in the metal.

BLAST FURNACE AND AUXILIARY EQUIPMENT: The furnace and equipment used in connection with the smelting process of reducing metallic ores to molten metal in order to remove, primarily, the oxygen from the ore and producing gas as a byproduct. The furnace and equipment consists of, but is not limited to, the furnace proper, charging equipment, stoves, bleeders, gas dust catcher, gas-cleaning devices and other auxiliaries pertinent to the process.

BOILER, FURNACE OR PROCESS BURNING FUEL IN SUSPENSION: Any fuel-burning device in which fuel is conditioned or pulverized previous to admitting the fuel into the furnace for combustion. The combustion process is completed with the fuel in suspension.

BREECHING: Any conduit for the transport of products of combustion or processes to the atmosphere or to any intermediate device before being discharged into the atmosphere. It does not include the chimney or stack.

BRIDGEWALL: Any wall at the rear of the grate or stoker that acts as a deflector or radiant heat reflector for the furnace gases and a stop to the fuel bed or rear wall of the ash pit.

BRITISH THERMAL UNIT (Btu): The quantity of heat required to raise one pound of water from fifty nine degrees Fahrenheit (59°F) to sixty degrees Fahrenheit (60°F).

BUILDING FIRES: The term "a new fire being built" means the period during which a fresh fire is being started and does not mean the process of replenishing an existing live fuel bed with additional fuel.

BYPRODUCT COKE PLANT: A plant used in connection with the distillation process to produce coke in which the volatile matter in coal is expelled, collected, and recovered. Such plant consists of, but is not limited to, coal and coke handling equipment, byproduct chemical plant and other equipment associated with, and attendant to, the cooking chambers or ovens making up a single battery operated and controlled as a single unit.

CATALYTIC CRACKING UNIT: A unit composed of a reactor, regenerator and fractionating tower which is used to convert certain petroleum fractions into more valuable products by passing the material at elevated temperature through a bed of catalyst in the reactor. Coke deposits produced on the catalyst during cracking are removed by burning off in the regenerator.

CHIMNEY OR STACK: Any conduit, duct, vent, flue, or opening of any kind whatsoever arranged to conduct any products of combustion or process emission to the atmosphere vertically. It does not include "breeching" as defined in this Section.

CINDERS: Particles not ordinarily considered as fly ash or dust because of their greater size, consisting essentially of fused ash and/or unburned matter.

CLEANING FIRES: The act of removing ashes from the fuel bed or furnace.

COMBUSTIBLE REFUSE: Any combustible waste material containing carbon in a free or combined state.

COMBUSTION EQUIPMENT OR DEVICE: See definition of Fuel-Burning, Combustion Or Process Equipment Or Device.

COMBUSTION FOR INDIRECT HEATING: The combustion of fuel to produce usable heat that is to be transferred through a heat-conducting materials barrier or by a heat storage medium to a material to be heated so that the material being heated is not contacted by, and adds no substance to, the products of combustion.

CONDENSED FUMES: Fumes which have cooled and returned to a liquid or solid state.

CONSTRUCTION: The installation or erection of any fuel-burning, combustion or process equipment or device.

CUPOLA: A vertical furnace in which alternate layers of basic material and coke are charged to produce molten ferrous and nonferrous metal for the production of castings. Auxiliary equipment consists of, but is not limited to, blowers, charging mechanism, collection equipment, heat exchangers and slagging equipment.

DAMPER, AUTOMATIC OR MANUAL: Any device for regulating the volumetric flow of gas or air.

DOMESTIC HEATING PLANT: A plant generating heat for a single-family residence, or for two (2) residences either in duplex or double-house form, or for multiple-dwelling units in which such plant serves fewer than three (3) apartments. Under this designation are also hot water heaters, stoves, and space heaters used in connection with the foregoing establishments or to heat shacks and other temporary buildings, such as used by the railroad and construction industries; provided however, that like equipment used in multiple-dwelling units other than herein described, or used in permanent buildings of commercial or industrial establishments are not to be construed to be included under this designation.

DOMESTIC REFUSE-BURNING EQUIPMENT: Any refuse-burning equipment or incinerator used for a single-family residence, or for two (2) residences either in duplex or double-house form, or for multiple-dwelling units in which such equipment or incinerator serves fewer than three (3) apartments.

DOWNDRAFT FURNACE: In this furnace there are two (2) separate grates, one above the other; the top grate is water tubes, the bottom grate consists of common grate bars and is fed by half-consumed fuel falling from the upper grate. The primary air for combustion enters the upper fire door and passes through the bed of green fuel on the upper grate and then over the incandescent fuel on the lower grate.

DRYER: A device for drying by heat, forced ventilation or both, such as a furnace, oven, or revolving kiln for expelling moisture or volatiles by evaporation or volatilization.

DUST: Particulate matter released into the air by natural forces, or by any fuel-burning, combustion or process equipment or device, or by construction work, or by mechanical or industrial processes, such as, but not limited to, crushing, grinding, milling, drilling, demolishing, shoveling, sweeping, bagging, covering, conveying, transferring, transporting, and the like.

DUST-SEPARATING EQUIPMENT: Any device for separating dust from the air or gas medium in which it is carried.

ELECTRIC FURNACE: A furnace in which the melting and refining of metals is accomplished by means of electrical energy.

EXCESS AIR: That air supplied in addition to the theoretical quantity necessary for complete combustion of all fuel and/or combustible waste material present.

EXTENSION FURNACE (DUTCH OVEN): Any masonry structure or combination of masonry and metal bullet on the front of a boiler or other combustion device for the purpose of obtaining additional furnace volume.

FIRE TUBES: Those tubes, surrounded by a cooling medium, through which the hot gases of combustion pass.

FLY ASH: Particulate matter capable of being gasborne or airborne and consisting essentially of fused ash and/or burned or unburned material.

FOUNDRIES, FERROUS AND NONFERROUS: The processes, devices, and equipment used for the purpose of production of castings, other than die castings, from basic material. Such processes, devices, and equipment consist of, but are not limited to, charging equipment, furnaces, collection equipment and cleaning operations. Basic materials used include, but are not limited to, iron, brass, aluminum and magnesium.

FUEL: Any form of combustible matter, solid, liquid, vapor, or gas.

FUEL-BURNING, COMBUSTION OR PROCESS EQUIPMENT OR DEVICE: Any furnace, incinerator, fuel-burning equipment, internal-combustion engine, refuse-burning equipment, boiler, apparatus, device, mechanism, fly ash collector, electrostatic precipitator, smoke-arresting or prevention equipment, stack, chimney, breeching or structure used for the burning of fuel or other combustible material, or for the emission of products of combustion, or used in connection with any process which generates heat and may emit products of combustion; and shall include process furnaces, such as heat-treating furnaces, byproduct coke plants, core-baking ovens, mixing kettles, cupolas, blast furnaces, open-hearth furnaces, heating and reheating furnaces, puddling furnaces, sintering plants, bessemer converters, electric steel furnaces, ferrous foundries, nonferrous foundries, kilns, stills, dryers, roasters, and equipment used in connection therewith, and all other methods or forms of manufacturing, chemical, metallurgical or mechanical processing which may emit smoke, or particulate, liquid, gaseous or other matter.

FUEL-BURNING EQUIPMENT: Means and includes any furnace, boiler, apparatus, device, mechanism, stack or structure used in the process of burning fuel, or other combustible material for the primary purpose of producing heat or power by indirect heat transfer.

FUEL-BURNING EQUIPMENT, HAND-FIRED TYPE: Any fuel-burning, combustion or process equipment or device, other than process or process equipment or downdraft furnaces, in which fuel is manually introduced directly into the furnace.

FUEL DEALER: Any person who sells or delivers solid fuel or fuel oil directly to the ultimate consumer, without regard to price, quantity, or frequency of delivery.

FUEL OIL: Oil commonly used as a fuel.

FUMES: Gases, vapors or particulate matter that are of such character as to cause atmospheric pollution.

FURNACE: An enclosed space provided for the ignition and/or combustion of fuel.

FURNACE VOLUME: The effective volume of the chamber or enclosure in which the combustion process takes place.

GARBAGE: Animal and vegetable matter such as that originating in houses, kitchens, restaurants and hotels, produce markets, food service and food-processing establishments, and greenhouses.

HEATING AND REHEATING FURNACE: A furnace in which metal is heated to permit shaping or forming, or to achieve specific physical properties.

HEATING OR LOW PRESSURE BOILERS: All boilers designed for operating at a steam pressure of fifteen (15) pounds per square inch gauge or less.

HEATING PLANT, OTHER THAN DOMESTIC: Fuel-burning equipment used for the purpose of space heating of multiple-dwelling units containing more than two (2) apartments, hotel, rooming house, boarding house, garage, school, hospital, church, office building, store, institution, and for all commercial, industrial or other establishments.

HEATING SURFACE: Any surface having steam, water or other fluid on one side and hot gases on the other side, as found in a boiler or a warm air heating furnace, not excepting any surface covered by arches or refractory.

INCINERATOR: Combustion apparatus designed for high temperature operation in which solid, semisolid, liquid, or gaseous combustible wastes are ignited and burned efficiently and from which the solid residues contain little or no combustible material.

INTERNAL-COMBUSTION ENGINE: An engine in which combustion of gaseous, liquid, or pulverized solid fuel takes place within one or more cylinders.

KILN: A furnace or a heated chamber used for the purpose of hardening, burning or drying in the manufacture of such products as clay, brick, cement, pottery, ceramics, limestone, etc.

LOW VOLATILE SOLID FUEL: A solid fuel, the volatile content of which is twenty three percent (23%) or less on an ash-free and moisture-free basis or a solid fuel approved by the Department of Engineering and Inspection of the City.

MECHANICAL COMBUSTION EQUIPMENT OR MECHANICALLY FIRED APPARATUS: Fuel-burning combustion or process equipment or device in which the fresh fuel or combustible material is mechanically introduced from outside the furnace into the zone of combustion, the same being actuated by controls; provided however, that where the Department of Engineering and Inspection of the City finds as a fact and so certifies that any surface-burning type (hand-fired) equipment is so designed as automatically to burn the fuel or combustible materials in a manner not to violate the provisions of this Chapter, such equipment will be considered as mechanical combustion equipment or mechanically fired apparatus within the meaning of this Chapter.

NEW EQUIPMENT:

A. Equipment, the design of which is less than fifty percent (50%) completed on May 13, 1970;

B. Equipment which is altered or modified such that the amount of air contaminant emissions is increased fifteen percent (15%) or more;

C. Equipment placed in operation two (2) years or more after May 13, 1970.

NOXIOUS ACIDS: Anhydrous or hydrous acid forms in concentration high enough to be toxic, or to cause atmospheric pollution, or to constitute a nuisance.

NOXIOUS ODORS: Any smells which are unwholesome, offensive, harmful, or injurious to the public health, comfort or welfare.

OIL BURNERS: Any device for the introduction of vaporized or atomized fuel oil into a furnace.

OPEN AIR: All spaces outside of buildings, stacks, or exterior ducts.

OPEN FIRE: Any fire from which the products of combustion are emitted directly into the open air without passing through a stack or chimney.

OPEN-HEARTH FURNACE: A furnace in which the melting and refining of metal is accomplished by the application of heat to a saucer-type or shallow hearth in an enclosed chamber. Such furnace consists of, but is not limited to, the furnace proper, checkers, flues and stack and may include a waste heat boiler and other auxiliaries pertinent to the process.

PARKING LOT: Any land area used or intended to be used for the storage of passenger automobiles and/or commercial vehicles.

PARTICULATE MATTER: Material, other than water, which is suspended in or discharged into the atmosphere in a finally divided form as a liquid or solid.

PORTABLE BOILER: A boiler used separately or in connection with a power shovel, a road roller, a hoist, a derrick, or a pile driver, steam locomotives, diesel locomotives, steamboats, tugboats, tar kettles, asphalt kettles, and all other portable equipment capable of emitting smoke, particulate or other matter.

POWER OR HIGH PRESSURE BOILERS: All boilers designed for operating at a steam pressure greater than fifteen (15) pounds per square inch gauge.

PREMISES: Any real estate or real property.

PROCESS WEIGHT: The total weight of all materials introduced into any source operation. Solid fuels charged will be considered as part of the process weight but liquid and gaseous fuels and combustion air will not.

PROCESS WEIGHT RATE:

A. For continuous or long-run steady-state source operations, the total process weight for the entire period of continuous operation or for a typical portion thereof, divided by the number of hours of such period or portion thereof;

B. For a cyclical or batch source operation, the total process weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

Where the nature of any process or operation or the design of any equipment is such as to permit more than one interpretation of this definition, the interpretation that results in the minimum value for allowable emission shall apply.

PROCESSES OR PROCESS EQUIPMENT: Any action, operation, or treatment embracing chemical, industrial or manufacturing factors, such as heat-treating furnaces, byproduct coke plants, core-baking ovens, mixing kettles, cupolas, blast furnaces, open-hearth furnaces, heating and reheating furnaces, puddling furnaces, rendering plants, sintering plants, bessemer converters, electric steel furnaces, ferrous and nonferrous foundries, kilns, stills, dryers, roasters, and equipment used in connection therewith, and all other methods or forms of manufacturing or processing which may emit odors, smoke, particulate matter or other matter.

RECONSTRUCTION: Any material change or alteration of any existing fuel-burning, combustion or process equipment or device from that physical or operating condition for which approval was last obtained; or the addition, removal or replacement of any appurtenances or devices which materially affect the method or efficiency of preventing the discharge of pollutants into the atmosphere.

REFUSE: Includes garbage, rubbish and trade wastes.

RENDERING PLANT: Any factory or other place wherein is carried on the process of melting down substances for the extraction or clarification of lard, oil, wax, tallow, soap, or other materials.

RINGELMANN CHART: The chart published and described in the U.S. Bureau of Mines Information Circular 833, and on which are illustrated graduated shades of gray to black for use in estimating the light-obscuring capacity of smoke.

ROASTER: A device used to effect the expelling of volatile matter or to effect oxidation as required in the manufacture of such products as prepared meats, grain, coffee beans, nuts, etc.

RUBBISH: Solids not considered to be highly flammable or explosive such as, but not limited to, rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, trees, branches, yard trimmings, furniture, tin cans, glass, crockery, masonry, and other similar materials.

SALVAGE OPERATIONS: Any business, trade or industry engaged, in whole or in part, in salvaging or reclaiming any product or material, such as, but not limited to, metals, chemicals, shipping containers, or drums.

SINTERING PLANT: The plant used in connection with the process of fusing fine particles of metallic ores causing agglomeration of such particles. Such plant consists of, but is not limited to, sintering machines, handling facilities, wind boxes, stack and other auxiliaries pertinent to the process.

SMOKE: Small gasborne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, ash and other combustible material, that form a visible plume in the air.

SOLID FUEL: Any material in its solid state capable of being consumed by a combustion process.

SOOT: Agglomerated particles consisting essentially of carbonaceous material.

STACK OR CHIMNEY: See definition of Chimney Or Stack.

STACK SPRAY: A nozzle or series of nozzles installed in a stack above the breeching used to inject wetting agents at high pressure to suppress the discharge of particulate matter from the stack.

STANDARD CONDITIONS: A gas temperature of sixty degrees Fahrenheit (60°F) and a gas pressure of thirty inches (30") mercury.

STANDARD CUBIC FOOT (SCF): A measure of the volume of one cubic foot of gas under standard conditions.

STOKERS: Any mechanical device that feeds solid fuel automatically onto a grate or hearth within a furnace.

SURFACE-BURNING TYPE (HAND-FIRED): See definition of Fuel-Burning Equipment, Hand-Fired Type.

TRADE WASTE: All solid or liquid material or rubbish from construction, building operations or the prosecution of any business, trade or industry such as, but not limited to, plastic products, chemicals, cinders and other forms of solid or liquid waste materials.

VEHICLE: A self-propelled mechanism, such as a truck, machine, tractor, roller, derrick, crane, trencher, portable hoisting engine or automobile; or any conveyance used for carrying persons or things, a trailer, semitrailer, boat, tug, or other apparatus which is not ordinarily permanently installed in one location but is used in various places over a wide area.

VOLATILE MATTER: The gaseous constituents of solid fuels as determined by the standard ASTM procedure amended or revised to date. (Ord. G-1375 § 1, 1970; prior code § 18-803)

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9.28.040: ADMINISTRATION AND ENFORCEMENT: linklink

The City Manager shall be responsible for the administration and enforcement of this Chapter, and shall in this regard establish procedures within the City government to accomplish the following:


A. Examine lists of emissions and corrective equipment submitted with applications for permits to erect, construct, or install new plants or processes with the City or to reconstruct or alter existing plants or processes, and make recommendations to the corporate authorities of the City;


B. Investigate or cause to be investigated such complaints about air pollution in the City that are filed with the City;


C. Set up procedure for prompt notification of all persons concerning whom reports of violations of this Chapter or of complaints hereunder that have been received by the City;


D. Cause legal action in the name of the City to be taken to abate nuisances or to enjoin owners and operators of offending plants, equipment and processes from continuing violations of the provisions of this Chapter or perpetrating nuisances;


E. Provide for the training of police officers of the City in the use of the Ringelmann chart for smoke and other emission observations and the proper reporting of such emissions; and in the proper investigating and reporting of complaints about odors, acid, fume or dust emissions;


F. Advise, consult, and cooperate with other agencies of the State, the Federal Government, other states, interstate agencies, political subdivisions, and industries in furtherance of atmospheric pollution prevention and abatement;


G. Make recommendations and reports to the corporate authorities of the City;


H. Cause legal action under the Illinois Municipal Code to be taken to abate air pollution nuisances originating within one mile of the incorporated boundaries of the City. (Ord. G-1375 § 1, 1970; prior code § 18-804)

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9.28.050: SMOKE EMISSION; RESTRICTIONS: linklink


A. It is unlawful within the City for any person owning or in charge of any fuel-burning, refuse-burning, combustion or process equipment or device, or portable boiler, or stacks, vents or premises, to cause, suffer or allow the emission or discharge of smoke from any single such source into the atmosphere the appearance, density, or shade of which is No. 2 or darker on the Ringelmann chart; except when building a new fire, when manually cleaning a fire or when blowing tubes and flues in a power plant, heating plant or domestic heating plant, smoke may be emitted of an appearance, density or shade equal to or darker than No. 2 on the Ringelmann chart for a period or periods aggregating not more than six (6) minutes in any observed sixty (60) minute period.


B. The Ringelmann chart, as published and described in U.S. Bureau of Mines Information Circular 8333, and on which are illustrated graduated shades of gray to black for use in estimating the light-obscuring capacity of smoke, shall be the standard for determining the appearance, density or shade of smoke. Observations of smoke emissions under this Chapter shall be made by comparing the observed density of smoke with the Ringelmann chart numbers. (Ord. G-1375 § 1, 1970; prior code § 18-805)

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9.28.060: ATMOSPHERIC POLLUTANTS; RESTRICTIONS: linklink

A person shall not discharge into the atmosphere from any single source of emission whatsoever any atmospheric pollutants other than smoke for a period or periods aggregating more than two (2) minutes in any one hour which is:


A. As dark as or darker in shade than that designated as No. 2 on the Ringelmann chart, as published by the United States Bureau of Mines; or


B. Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subsection A of this Section. (Ord. G-1375 § 1, 1970; prior code § 18-806)

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9.28.070: PARTICULATE MATTER; RESTRICTIONS: linklink

It is unlawful within the City for any person to cause, suffer or allow the emission into the air of dust, soot, cinder, or of any particulates from any process or operation that is enclosed or can reasonably be enclosed in concentrations in excess of the allowable rates of emission set forth in Table 1, Section 9.28.200 of this Chapter. (Ord. G-1375 § 1, 1970; prior code § 18-807)
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9.28.080: COMBUSTION FOR INDIRECT HEATING: linklink

Emissions of particulate matter from the combustion of fuel for indirect heating for existing equipment shall be limited by the ASME Standard No. APS-1 dated June 15, 1966, "Recommended Guide for the Control of Dust Emission-Combustion for Indirect Heat Exchangers", adopted and by this reference thereto incorporated herein by reference. For purposes of this rule the allowable emission shall be calculated from Equation (15) in Standard No. APS with Co max 2=50. Figure 2 in Standard No. APS-1 may be used to estimate allowable emissions. However, irrespective of stack height the maximum allowable emission for each stack shall be 0.6 pounds of particulate per million Btu input. The emission rate for multiple stack installations shall be modified in accordance with ASME Standard No. APS-1 (see Table 1 in Section 9.28.200 of this Chapter). (Ord. G-1375 § 1, 1970; prior code § 18-808)
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9.28.090: AIR CONTAMINANT EMISSION REDUCTION PROGRAM: linklink

If compliance with Section 9.28.070 or 9.28.080 of this Chapter cannot be reached by July 12, 1970, the person responsible for the existing equipment in the City shall submit to the City Manager within that same period an air contaminant emission reduction program which shall be in accordance with the requirements of this Chapter. (Ord. G-1375 § 1, 1970; prior code § 18-809)
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9.28.100: CORRECTIVE INSTALLATION COMPLIANCE SCHEDULE: linklink



Cost Of Corrective Installation  
Period
Of Grace  
   
Not exceeding $10,000.00   1 year  
Over $10,000.00 but not exceeding $50,000.00   2 years  
Over $50,000.00 but not exceeding $100,000.00   3 years  
Over $100,000.00 but not exceeding $300,000.00   4 years  
Over $300,000.00   5 years  

(Ord. G-1375 § 1, 1970; prior code § 18-810)
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9.28.110: SURFACING OR TREATMENT OF PARKING OR SALES LOT OR PRIVATE ROADWAY: linklink

No person shall maintain or conduct, or cause to be maintained or conducted, any parking lot or automobile and/or truck sales lot, or use any real property for a private roadway unless such real property is covered or treated with a surface or substance or otherwise maintained in such manner as to eliminate the dispersion of dust into the atmosphere. (Ord. G-1375 § 1, 1970; prior code § 18-811)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30319#s272257
9.28.120: HANDLING OF MATERIALS SUSCEPTIBLE TO BECOMING WINDBORNE: linklink

It is unlawful for any person to cause or permit the handling, transfer or transport of any materials which are likely to be scattered by the wind, or are susceptible to being windborne, without taking reasonable care and precaution to eliminate their dispersion into the atmosphere. (Ord. G-1375 § 1, 1970; prior code § 18-812)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30319#s272258
9.28.130: OPEN FIRES: linklink


A. It is unlawful for any person to cause, suffer, allow or permit open burning of rubbish, refuse of any kind, grass, wood, garbage, metal salvage, or any other material in open fires; provided, however, that it is not unlawful for an owner of residential property to burn or permit to be burned such substances as are reasonably necessary for the purpose of cooking food for consumption by his family and guests.


B. The City Manager may, however, authorize upon specific request, controlled burning on a limited basis, for school, publicly regulated utilities and governmental institutions; provided, that the City Manager finds that such building will pose no danger, or inconvenience to adjoining property owners and will not be detrimental to the general public health and safety of the community.


C. Open burning of leaves shall be permitted only during the times and under the conditions otherwise provided by ordinance. It is unlawful to cause, allow or permit the open burning of leaves except as provided by ordinance. (Ord. G64-86 § 1, 1986; Ord. G33-85 § 1, 1985; Ord. G2-79 § 1, 1979; Ord. G-1489 § 1, 1971; Ord. G-1375 § 2, 1970; prior code § 18-814)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30319#s272259
9.28.135: OPEN BURNING OF LEAVES: linklink

It is unlawful for any person, firm or corporation to burn any leaves, paper, rubbish or other substances within the corporate boundaries of the City. (Ord. G45-84 § 1, 1984; Ord. G47-82 § 1, 1982; Ord. G21-82 § 1, 1982; Ord. G2-79 § 2, 1979)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30319#s272260
9.28.140: INCINERATORS: linklink

All incinerators shall be equipped with gas-cleaning devices as necessary to meet the following emission standards:


A. Particulate Matter: Incinerators shall not emit more than 0.2 grain of particulate matter per standard cubic foot of exhaust gas adjusted to fifty percent (50%) excess air.


B. Smoke: No incinerator shall emit or produce smoke the appearance, density or shade of which is No. 2 or darker on the Ringelmann chart, except that during an operational breakdown or while cleaning air pollution control equipment, smoke may be emitted of an appearance or density of No. 2 or darker on the Ringelmann chart for a period or periods aggregating not more than three (3) minutes in any observed sixty (60) minute period. (Ord. G-1375 § 1, 1970; prior code § 18-815)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30319#s272261
9.28.150: TESTS OF FUEL-BURNING, COMBUSTION OR PROCESS EQUIPMENT: linklink

The City Manager is authorized to conduct, or cause to be conducted, any test or tests that may be necessary or desirable to determine the extent of emission of particulate matter from any fuel-burning, combustion or process equipment or device, if and when in his judgment there is evidence that any such equipment, process or device is exceeding any emission limitation prescribed by or under this Chapter. The result of any test shall be made available to the person responsible for such property tested. Tests shall be made and the results calculated in accordance, where applicable, with American Society of Mechanical Engineers "Power Test Codes, test code for determining dust concentration in a gas stream PTC-27, 1957" procedure as revised from time to time (adopted and by this reference thereto incorporated in this Chapter by reference), or in accordance with modified procedures mutually agreed upon between the City Manager and the person. All tests and calculations shall be made under the direction of a competent engineer. Any test or tests to be conducted on the premises where such equipment or device is located shall be made during reasonable hours, after written notice to and with the cooperation of the owner or operator. The cost of any such test or tests and calculation shall be a debt due the City from any person responsible as owner, operator or otherwise of such fuel-burning, combustion or process equipment or device in all cases, and such unpaid debt shall be recoverable in any court of competent jurisdiction. (Ord. G-1375 § 1, 1970; prior code § 18-816)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30319#s272262
9.28.160: REMEDY FOR INJURY OR DAMAGE NOT LIMITED: linklink

Nothing in this Chapter shall be construed to impair any cause of action, or legal or equitable remedy therefor, of any person or the public, or the City for injury or damage arising from the discharge, emission or release into the atmosphere from any source whatsoever of such quantities of smoke, soot, fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, noxious odors, toxic or radioactive substances, waste, particulate, liquid or gaseous matter or any other materials in such place, manner or concentration as to constitute atmospheric pollution or a common law nuisance. (Ord. G-1375 § 1, 1970; prior code § 18-817)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30319#s272263
9.28.170: REGISTER OF POLLUTANTS AND SUPPRESSION EQUIPMENT REQUIRED: linklink

It is unlawful for any person to install, erect, construct, reconstruct, alter, or add to, or cause to be installed, erected, constructed, reconstructed, altered, or added to, any fuel-burning, combustion or process equipment or device, or any equipment pertaining thereto, or any stack or chimney connected therewith, within the City, excepting domestic heating plants, domestic refuse-burning equipment, locomotives and internal-combustion engines in the City, until there has been filed in duplicate by the owner, contractor, installer, or other person, or his agent, with the City, an application for a permit accompanied by a complete listing of emissions into the atmosphere that result from the operation of the aforesaid equipment or processes, both as to kind and quantity, and, in addition thereto, a listing of the type and capacity of the equipment used for the collection, absorption, or suppression of each emission and an estimate of its efficiency, and until a permit therefor has been granted by the corporate authorities of the City. Said submitted register of pollutants shall be accompanied by an affidavit of a qualified person stating that it is complete and correct and that the proper operation of the plant or process, as designed, will not result in any violation of this Chapter. The application shall be filed in the office of the Department of Engineering and Inspection. (Ord. G-1375 § 1, 1970; prior code § 18-818)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30319#s272264
9.28.180: CONFLICT WITH OTHER ORDINANCE PROVISIONS: linklink

In the event that the provisions of the Ordinance codified herein relative to the subject matter thereof shall at any time be in conflict with other existing ordinances of the City, those provisions requiring the strictest construction and most stringent requirements shall control. (Ord. G-1375 § 1, 1970; prior code § 18-821)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30319#s272265
9.28.190: PENALTY FOR VIOLATION: linklink


A. Any person, firm or corporation violating any of the provisions of this Chapter shall be fined as provided in Title 1, Chapter 1.20 of this Code.


B. Where a license is required to conduct a business under this Code, the Mayor may revoke the license issued to conduct said business when any person is found guilty of violating, disobeying, omitting, or refusing to comply with any of the provisions of this Chapter. (Ord. G49-85 § 5, 1985; Ord. G-1375 § 1, 1970; prior code § 18-822)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30319#s272266
9.28.200: TABLE 1 - ALLOWABLE RATES OF EMISSION: linklink


TABLE 1
ALLOWABLE RATE OF EMISSION BASED ON PROCESS WEIGHT RATE1


Process Weight Rate  
Rate Of
Emission  

Process Weight Rate  
Rate Of
Emission  
           
Pounds/Hour   Tons/Hour   Pounds/Hour   Pounds/Hour   Tons/Hour   Pounds/Hour  
           
100   0.05   0.551   16,000   8.00   16.5  
200   0.10   0.877   18,000   9.00   17.9  
400   0.20   1.40   20,000   10.00   19.2  
600   0.30   1.83   30,000   15.00   25.2  
800   0.40   2.22   40,000   20.00   30.5  
1,000   0.50   2.58   50,000   25.00   35.4  
1,500   0.75   3.38   60,000   30.00   40.0  
2,000   1.00   4.10   70,000   35.00   41.3  
2,500   1.25   4.76   80,000   40.00   42.5  
3,000   1.50   5.38   90,000   45.00   43.6  
3,500   1.75   5.96   100,000   50.00   44.6  
4,000   2.00   6.52   120,000   60.00   46.3  
5,000   2.50   7.58   140,000   70.00   47.8  
6,000   3.00   8.56   160,000   80.00   49.0  
7,000   3.50   9.49   200,000   100.00   51.2  
8,000   4.00   10.4   1,000,000   500.00   69.0  
9,000   4.50   11.2   2,000,000   1000.00   77.6  
10,000   5.00   12.0   6,000,000   3000.00   92.7  
12,000   6.00   13.6        


Note:

1. Interpolation of the data in this table for process weight rates up to 60,000 pounds/hour shall be accomplished by use of the equation:

E = 4.10P0.67

and interpolation and extrapolation of the data for process weight rates in excess of 60,000 pounds/hour shall be accomplished by use of the equation:

E - 55.op0.11 - 40

where:
        E = rate of emission in pounds/hour and
        P = process weight rate in tons/hour

(Ord. G-1375, 1970; prior code Ch. 18, Art. 8)


Footnote 1: 65 ILCS 5/11-19.1-11; 415 ILCS 5/8 et seq., 5/1 et seq.

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30319#s272267