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HomeMy WebLinkAbout1034 - ADMIN Ordinance - City Council - 1968/05/20• • Original May 20, 1968 ORDINANCE NO. 1034 AN ORDINANCE REGULATING BURNING: REQUIRING CONTROL AND CORRECTION OF AIR POLLUTION; REQUIRING LICENSES AND PERMITS TO OPERATE CERTAIN EQUIPMENT; AND PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS THEREOF THE CITY CF ST. LOUIS PARK DOES ORDAIN: Section 1. Air pollution sources, potential or existing shall be regulated as follows: Section 4:315. 01. Title. This ordinance shall be known, cited and referred to as the "St. Louis Park Air Pollution Ordinance, " except as referred to herein, where it shall be known as "this ordinance. " Section 4:815. 03. Definitions. The following definitions shall apply in the interpretation and enforcement of this ordinance and the following words and terms wherever they occur in this ordinance are defined as follows: Subd. 1. Air Contaminant shall mean any gaseous matter or particulate matter, which when present in the outdoor atmosphere contributes to a condition of air pollution, including, but not limited to gases, vapors, mists, dust, soot, smoke, fumes, fly ash, cinders, and odors. Subd. 2. Air Pollution shall mean the presence in the atmos- phere of one or more air contaminants or combinations thereof which is or, may tend to be injurious to human health or welfare or injurious to human, plant, or animal life or property, or that interfere with the comfortable enjoyment of life or property or the conduct of business. Subd. 3. Ashes shall mean any solid material resulting from combustion including but not limited to fly ash, cinders and unburned combustibles. �ubd. 4. Atmosphere shall mean the air that envelopes or surrounds the earth. Subd. 5. Cinders shall mean particles not ordinarily con- sidered as fly ash or dust because of their greater size, consisting essentially of fused ash or burned matter or both. • • Subd. S. Control Equipment shall mean any device, machine, contrivance, apparatus, structure or equipment, and all appurtenances thereto, which has the function of controlling process equipment, fuel - burning equipment, or refuse burning equipment and thus preventing, reducing, or abating the creation of air contaminants or the emission of air contaminants to the atmosphere, or both. Subd. 7. Dust shall mean minute solid particles released into the air by natural forces or by mechanical processes, including but not limited to crushing, grinding, milling, drilling, demolishing, shoveling, convey- ing, covering, bagging, and sweeping. Subd. 3. Emission shall mean dischar7ing, releasing, _eLting off, raising, _iberatin3; freeing or sendia3 forth into the of any air contaminant or combinations thereof. Subd. 9. Fly Ash shall mean particulate matter capable gas -borne or air -borne and consisting essentially of fused ash, burned material. circulating, atmosphere of being or un- Subd. 10. Fuel -Burning Equipment shall mean any equipment, device, contrivance or structure, and all appurtenances thereto, in- cluding but not limited to ducts, breechings, control equipment, fuel - equipment, ash -removal equipment, combustion controls, stacks, chimneys, etc. used principally but not exclusively, to burn any fuel for the purpose of indirect heating in which the material being heated is not contacted by and adds no substance to the products of combustion. Subd. 11. Fumes shall mean minute solid particles generated by the condensation of vapors from solid matter after volatilization from the molten state, or generated by sublimation, distillation, calcination, or chemical reaction when these processes create air -borne particles. Subd. 12. Gaseous Matter shall mean any material that exists in the atmosphere as a gas or vapor at standard conditions. Subd. 13. Health Authority shall mean either the Health Officer, or the Public Health Sanitarian, of the City of St. Louis Park, or duly authorized representatives of either of them. Subd. 14. Multiple -Chamber Incinerator shall mean any refuse - burning equipment consisting of not less than three refractory lined com- bustion furnaces in series, physically separated by refractory walls, interconnected by gas passage ports or ducts and employing design -2- O parameters necessary to comply with emission requirement of this ordinance. Subd. 15. Odor shall mean the property of an air contaminant which stimulates the sense of smell in man. Subd. 16. Cpacity shall mean state of a material which renders it partially or wholly impervious to rays of lights. Opacity as used in this ordinance refers to the obscuration of an observer's view. Subd. 17. Open Fire shall mean any fire from which the products of combustion are emitted directly into the atmosphere without passing through any control equipment. Subd. 18. Particulate Matter shall mean any material except water, that exists in the atmosphere in a finely divided form as a liquid or solid at standard conditions, including but not limited to dusts, fumes, mists, soot, smoke, fly ash, cinders and odors, provided, however, water mist is not excluded when its opacity creates a hazard, including but not limited to traffic hazards, as a result of reduced visibility. Subd. 19. Person shall mean any individual, natural person, firm, association, organization, partnership, business, trust, corporation, company, trustee, syndicate, club, institution, agency, or any Federal, state or local government agency or instrumentality or other entity recog- nized by law as the subject of rights and duties; the masculine, femin » , singular, or plural is included;inany circumstances and with respect to acts prohibited or required herein, shall include employers, licensees, tenants, managers and operators of equipment. Subd. 20. Process shall mean any action or operation, 1. which by physical action results in a change in location, form, or physical properties of a material, or 2. which by chemical action results in a change in chemical composition, chemical properties or physical properties of a material, or 3. which creates or establishes a condition or situation which produces air contaminants. -3- e Subd. 21. Process Equipment shall mean any structure,equipment, device or contrivance and all appurtenances thereto, for changing, treating, handling, moving or storing any materials whatever, the use of which may cause any emission of an air contaminant into the atmosphere, including but not limited to ducts or stacks, but not including fuel -burning equipment or refuse -burning equipment as defined and otherwise regulated in this ordinance. Subd. 22. Refuse shall mean all putrescible and non-putrescible solid wastes including but not limited to garbage, rubbish, trash, ashes, street cleanings, dead animals, junk, abandoned automobiles, and solid market and industrial wastes, paper, wrappings, cardboard, tin cans, wood, glass, bedding, crockery and all other waste material which, if burned would produce or emit air contaminants into the atmosphere. Subd. 23. Refuse -Burning Equipment or Incinerator shall mean any equipment, device or structure and all appurtenances thereto used for the destruction of refuse or other wastes by burning. Subd. 24. Ringelmann Smoke Chart shall mean the standard by which the density of smoke or other air contaminant shall be measured or deter- mined and shall mean and include the following: 1. The Ringelmann Smoke Chart with instructions for use (Infor- mation Circular 8333) as published by the U. S. Bureau of Mines May, 1967. 2. The Ringelmann Smoke Chart, photographically reduced to 1/19th in size and known as Power's IV_icroringelmann Chart, copy- right 1954 by McGraw-Hill Publishing Company. 3. The Ringelrnann Smoke Chart as utilized as a reference standard in the Smokescope manufactured by Mine Safety Appliances Company. Subd. 25. Seal shall mean a device for sealing equipment or premises, to be affixed or installed by the Health Authority upon a process, process equipment, fuel -burning equipment, refuse -burning equipment, or control equipment causing a violation or violations of this ordinance or upon pre- mises from which violations of this ordinance originate so as to prohibit or prevent use thereof. Subd. 26. Standard Conditions.shall mean a gas temperature of SO degrees F. and a gas pressure of 14.7 pounds per square inch absolute. -4- e • Section 4:315. 05. Declaration of Policy. It is hereby determined and declared to be the public policy of the City to maintain the highest practicable standards of purity of the air in order to promote and further the public enjoy- ment and use of the City's natural scenic and outdoor recreational resources, to improve public health, and to facilitate the growth of human, agricultural, plant, and animal life, all consistent with maximum employment and full in- dustrial development of the City and its environs. It is deemed and determined necessary and required to the health, morals, comfort, safety, convenience, and welfare of the inhabitants of the City of St. Louis Park to provide means for reduction, control, prevention, prohibition, abatement and suppression of air pollution. It is further realized that the problems of air pollution are not necessarily solely local, but usually are somewhat regional in nature, and to that extent, the City shall cooperate with other municipalities, districts and counties for the purpose of effectuating the provisions of laws, ordinances, and regulations dealing with control of air pollution. • Section 4:815. 07. Air Pollution and causes thereof declared to be a Nuisance. Air pollution and its causes are hereby declared to be a public nuisance. For any person within the corporate limits of the City to cause, per- mit or allow emission of air contaminants, including but not limited to dust, fumes, (gas, mist, odor, vapor, smoke, particulate matter or combinations thereof, from any process, process equipment, refuse -burning equipment, fuel -burning equipment, control equipment, or from any opening of any building, or from any other source whatsoever, within the limits of said City, in such manner or place as to be or tend to be injurious to human health or welfare, or injurious to human, plant or animal life or property or the conduct of business, or to cause damage to property or business is hereby declared to be a public nuisance. Section 4:815. 09. Pubic Nuisance Prohibited. Any person who shall commit, cause, or create a public nuisance or permit any public nuisance to be created, or to be placed upon, any premises owned or occupied by him or them, as declared, defined, and prohibited in this ordinance, shall be guilty of a misdemeanor. Section 4:315.11. License Required. No person shall own, operate, maintain or be responsible for any (1) process equipment, (2) fuel -burning equipment, or (3) refuse -burning equipment, as in this ordinance defined, from which air contaminants may be emitted or exhausted to the atmosphere, within the corporate limits of the City of St. Louis Park, unless a license therefor, issued pursuant to this ordinance, shall have been obtained from the City Manager. All persons required to have more than one type of such licenses may file application for one or more thereof, singly or in combin- ation form. -5- Section 4:315. 13. Exceptions, Licenses Not Required. Subd. 1. License not required. No person shall be required to obtain a license for any of the burning operations listed in this section, provided, however, such persons shall comply with all regulatory provisions of this ordinance. Subd. 2. Gas Burning Heating Plants. Any person owning, oper- ating, or maintaining a gas -burning heating plant as the sole source of heating a building or residence shall not be required to obtain a license for such fuel - burning equipment, provided such hea ting plant does.not have standby equipment utilizing fuels other than gas. Subd. 3. Residence Heating Plants and Incinerators, Four Family or Less. No person owning, operating, or maintaining a single family residence a two family, three family or four family residence shall be required to obtain a license for fuel-buring equipment or refuse -burning equipment in such a re sidence. Section 4:315. 15. Approval of New Construction, Repair, or Alteration. No person shall construct, enlarge, repair, move, improve, convert, or alter any control equipment without first obtaining appropriate permits from the Depart- ment of Protective Inspection. The St. Louis Park Department of Protective In- spection shall not issue any permits for such work until such permits shall have the approval of the I-Tealth Authority endorsed thereon. Section 4.315. 17. License Fees and Exemptions. Fees for licenses issued hereunder shall be as set forth herein, provided, however, persons own- ing, operating or rna'.ntaining churches, schools, synagogues, convents, rectory, parsonage or community centers shall be required to obtain a license but without payment of a license fee. Section 4:315. 19. Process Equipment License Fee. The annual license fee for a process equipment license shall be $50. 00 at each location. Section 4:315. 20. Refuse Burning Equipment License Fee. The anneal license fee for a refuse burning equipment license shall be $25. 00 at each location. Provided that license fees for persons owning, operating, main- taining or responsible for apartment buildings with refuse burning equipment shall be $10. 00 for each building to and including ten units and for any building over ten units shall be $10. 00 plus $1. 00 for each additional unit over ten at each location. Section 4:315. 21. Fuel Burning Equipment License Fee. The annual license fee for a fuel heating equipment license shall be $25. 00 for each location. -6- e Section 4:815.23. Combination License Fees. In the event any licensee shall be required at any location on a single tract of land to have two or more such licenses, the combination fee shall be computed by adding to the highest license fee required, one half the specified fee for such additional licenses as may be required. Section 4:815. 25. Official Open Fire Burning Permit Fee. The permit fee for official open fire burning shall be $25.00. Section 4:815.27. New Construction, Repair, or Alteration Fee. The permit fee for new construction, repair or alteration permits shall be schedule of fees of the St. Louis Park Department of Protective Inspections and other departments without additional fee for endorsement of Health Authority thereon. Section 4:815.29. Analysis Fees. Whenever the Health Authority finds that an analysis of the emissions from any source is necessary to determine the extent and amount of air pollution or air contaminants emitted into the atmosphere which cannot be determined by visual observation, he may order the collection and the analysis of samples by the St. Louis Park Health Department, the Minn- esota State Health Department, State Pollution Control Agency, or by any com- petent laboratory, The fees for such work shall be equal to the total of the actual cost paid the personnel plus the actual cost of the analysis work. The City Health Authority shall report cost of such work to the Director of Finance who shall render statements for such work to the licensee, or other person responsible for the control equipment. The statement shall be sent registered mail, return receipt requested, by the U. S. Mail. The amount claimed in the statement shall be paid to the City of St. Louis Park within ten days after receipt of the statement. Whenever any person objects to the amount of sampling or the cost thereof he may appeal the same as elsewhere herein provided. Section 4:815.31. License Application, Issuance, Maintenance, and Administration. The application for Air Pollution Control Licenses other than Open Fire Permits shall be made on forms furnished by the City Manager and shall set forth (a) th9 general nature of the business, (b) the location, (c) raw material to be processed, (d) flow chart of operation, (e) existing air pollution controls, (f) proposed measuring devices if any to be installed by applicant, (g) and such other information as the City Manager shall require. Such applica- tion for and issuance of such licenses, their maintenance, termination, and administration shall be in accordance with and subject to all conditions of the St. Louis Park Ordinance Code relative to general requirements for issuance of licenses by the City of St. Louis Park and the requirements of this ordinance. If such requirements have not been complied with he shall deny the application for issuance of the license. ®Section 4:815. 33. Application for Official Fire Permit. The application for official fires shall be made on forms furnished by the City Manager. -7- e • and shall be accompanied by the fee in the amount elsewhere in this ordinance set forth and shall set forth the following iii `orina.t1on: a. A statement why no other method of disposal can be used. b. The amount and kind of material involved. c. The exact location where the burning will take place. d. The date and time when such open burning will be done, and duration thereof. e. The approval of the Fire Department endorsed thereon. f. Such other information as the Cit; Manager shall require. g. The final approval of the Health Authority endorsed thereon. Section 4:815.35. Inspection of Air Pollution Sources and Control Equipment. The Health Authority shall inspect potential air pollution sources and air pollution control equipment as frequently as may be necessary to insure compliance with this ordinance, whether the same be licensed or not. Section 4:815.37. Posting. Each inspection report shall be posted by the Health Authority upon an inside wall of the place of business, not in a public area, and such inspection report shall not be defaced or removed by any person, except the Health Authority. The posting of the inspection report upon the inside wall shall constitute service of an official notification of the inspection of the Health Authority. The Health Authority may, in lieu of posting such re- port, deliver it to the licensee or his authorized agent or send it registered mail, return receipt requested, in the U. S. Mail. Another copy of the inspection report shall be filed with the records of the Health Department. Section 4:815.39. Access to Premises and Records. The person, on the premises, in charge of operating air pollution contro equipment or allowing or causing the emission of air contaminants shall, upon request of the Health Authority, permit access to all parts of the area at any reasonable tirne for purpose of inspection and shall exhibit and allow copying of any records relating to air pollution control and necessary to determine compliance with thio ordinance. If access to such " areas or records shall be denied, such Health Authority shall obtain a search warrant before continuing such inspection. Section 4:815.40. Confidentiality. Any records or other information furnished to or obtained by the Health Authority concerning one or more air contaminant sources, which records or information relate to unique processes ® or production, or which would tend to effect adversely the competitive position of any person shall be only fo- the confidential use of the Hea.th Authority, unless their publication or availability shall_be authorized by the maiagement. -8- Nothing herein shall be construed to prevent the use of such records or infor- mation by the Health Authority in enforcing the provisions of this ordinance or in compiling or publishing analyses or summaries relating to the general con- dition of the outdoor atmosphere; provided that such analyses or summaries do not identify, directly or indirectly, any source or reveal any information otherwise confidential under this section. Section 4:815. 41. Removal and Correction of Violations. All persons, operating air pollution control equipment or allowing or causing the emission of air contaminant4 having a report posted in the establishment giving notification of one or more violations of this ordinance shall correct or remove each such violation within the length of time set by the Health Authority. The length of time for the correction or removal of each such violation shall be stated on the inspection report. The failure to remove or correct each such violation within the time period noted on the inspection report shall constitute a separate vio- lation of this ordinance. Section 4:815. 43. Dense Smoke or Equivalent Emissions Prohibited. No person shall cause, suffer, or allow the emission of dense smoke or any other equivalent emission into the atmosphere from any process fuel -burning equipment, refuse -burning equipment, process equipment, open fire, or any other source. Dense smoke is smoke the shade or appearance of which is darker than No. 1 of the Ringlemann Chart or of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke of the shade of No. 1 of the Ringlemann Chart excepting: Subd. 1. Smoke, the shade or appearance of which is equal to but not darker thari No. 2 of the Ringlemann Chart for a period or periods aggregating _.ot more than four minutes in any 30 minutes; or of such opacity as to obscure an observer's view to a degree .not greater than does smoke of the shade of No. 2 of the Ringle- mann Chart for a period or periods aggregating nrt more than four minutes in any 30 minutes. Subd. 2. Smoke, the shade or appearance of which is equal to but not darker than No. 3 of the Ringlemann Chart, or of equivalent opacity, for a period or periods aggre- gating not more than three minutes in any 15 minutes when building a new fire. Section 4:815. 45. Particulate Matter Emission Requirements for Combustion.in Fuel Burning Equipment and Refuse Burning Equipment. No person shall permit, cause, suffer, or allow the emission of particulate -matter -9- into the atmosphere from any single source of emission as a result of com- bustion in fuel -burning equipment in an amount above 0. 20 grains per cubic foot of dry gas at standard conditions as herein defined, corrected to 12% carbon dioxide. No person shall permit cause, suffer or allow the emission as a result of combustion in refuse -burning equipment in an amount above 0.20 grains per cubic foot of dry gas at standard conditions as herein defined based upon a 50% excess air calculation, provided, however, that refuse -burning equipment with a refuse -burning capacity of 200 pounds or less per hour may emit not to exceed 0. 30 grains of particulate matter per cubic foot of dry gas at standard conditions. Section 4:315. 47. Particulate Matter Requirements for Process Equipment. No person shall permit, cause, suffer, or allow the emission of particulate matter into the atmosphere from any single source of emission, from any single unit of process equipment at a rate in excess of that specified on Ta)%le 1 for the process weight rate allocated to such source of emission. TABLE NO. 1 Allowable Rate of Emission Based on Process Weight Rate Process Weight Rate Rate of Emission Pounds per Hour Tons per hour 100 0. 05 200 0. 10 400 0. 20 600 0. 30 800 0. 40 1000 0. 50 1500 0. 75 2000 1. 00 2500 1. 25 3000 1. 50 3500 1. 75 4000 2. 00 5000 2. 50 6000 3. 00 7000 3. 50 8000 4. 00 9000 4. 50 10, 000 5. 00 16, 000 8. 0 18, 000 9. 0 20, 000 10. -10- Founds per Hour 0. 551 0. 377 1. 40 1.83 2. 22 2. 53 3. 33 4. 10 4. 76 5. 33 5. 96 6. 52 7. 58 8. 56 9. 49 10. 4 11.2 12. 0 16. 5 17. 9 19.2 TABLE NC. 1 (Cont'd. ) Process Weight Rate Rate Emission Pounds per Hour Tons per Hour Pounds per Hour 30,000 15. 25.2 40,000 20. 30.5 50,000 25. 35.4 60,030 33. 40.3 70,000 35. 41.3 80,000 40. 42. 5 93,000 45. 43.6 100,000 50. 44.6 120, 000 63. 46.3 140,003 70. 47.8 160,000 80. 49.0 200,000 100. 51.2 1,000,000 500. 69.0 2,000,000 1330. 77.6 6,030,000 3030. 92.7 Interpolation of the data in this table for process weight rates up to 60, 000 lb/hr. shall be accomplished by use of the equation E.:4.10 P0. 67, and interpolation and extrapolation of the data for process weight rates in excess of 60, 000 lb/hr shall be accompanied by use of the equation: E=55.0 PO. 11_40, where E: rate of emission in lb/hr and P= process weight rate in tons /hr. Section 4:815.49. Processes Emitting Air Contaminants Prohibited. No person shall cause, conduct, use, operate, or maintain any machine, equip- ment process or process equipment not otherwise regulated in this ordinance, or such equipment to which the process weight rate table, elsewhere mentioned herein, cannot be applied, which emits air contaminants to the atmosphere in quantities or frequencies which cause air pollution as herein defined. Section 4.815.5 1. Sulfur Dioxide Requirements. No person shall allow, permit or cause the emission into the atmosphere of sulfur dioxide from any source in such manner and amount that the concentrations and frequencies of such emissions exceed those shown in the following Table No. 2 in the ambient air at any place at or beyond the property lines of the premises upon which the source is located. Concentration * TABLE NO. 2 0.02 ppm, Maximum annual average 0. 10 ppm, 24 average, not to be exceeded over 1% of the days in any 3 month pexiod.- 0. 25 ppm, not to be exceeded for more than one hour in any 4 consecutive days. ppm means parts per million -11- Section 4:815.53, Sulfuric kcid or Sulfur Troxide Requirements. No person shall allow, permit, or cause the emission of sulfuric acid or sulfur trioxide or any combination thereof from any source in such manner and amounts that the concentrations and frequencies of such emissions exceed those shown in the following Table No. 3 in the ambient air at any place at or beyond the property lines of the premises upon which the source is located. TABLE NO, 3 Concentration * of sulfuric acid or sulfur Maximum trioxide or any com_biAation Average allowable thereof time frequency 0.03 Mg /ms or more 30 minutes or more Once in any 48 hours 0.01 mg /m3 or more 24 hours Once in any 90 days *Milligrams per cubic meter at standard conditions. measured and calculated as sulfuric acid, Section 4:815. 55. Hydrogen Sulfide Requirements. No person shall allow, cause or permit the emission of hydrogen sulfide from any source in such manner and amounts that the concentration attributable to such emissions in the ambient air at any place beyond the property lines of the premises upon which the source is located exceed a concentration of , 03 parts per million by volume for any averaging period of 30 or more minute; on more than two occasions in any 5 -consecutive day period, or 0, 05 parts per million by volume for any averaging period 30 or more minutes more than two times per year. Section 4:815. 56. Perchloroethylene Requirements. No person shall allow, cause or permit the emission of perchloroethylene from any source in an amount above 10 ppm. Section 4:815. 57. Tank Filling Requirements. No person shall fill any gasoline storag; tank with a capacity of 250 gallons or more unless such tank is equipped with a subrner,;cd fill -,-,1.7`C. or is a pressure task, or is equipped with a floating roof or a vapor recovery system. Persons owning existing gasoline ,;forage tanks may have two years to comply with this requirement. For the purposes of this section, the term submerged fill pipe is defined as any fill pipe the discharge opening of which is entirely submerged when the liquid level is 6 inches above :,he'Do ttom of the tank. Submerged fill pipe, when applied to a tank which is loac.ed ir om the side is defined as any fill pipe the discharge opening of which is entirely submerged when the liquid is 18 inches above the bottom of the tank. Section 4:815. 58. Tank Construction Requirements. No person shall install any tank or reservoir of 65, 000 gallons or over capacity for the storage of petroleum products of a vapor pressure of 1.5 lbs. per square inch absolute or greater under actual storage conditions without facilities to control the emission of hydrocarbon varors and gases into the atmosphere. Section 4:815.59. Tank Car Requirements. No person shall fill, or remove any material from, any r=ailroad tank car or tank truck unless these shall be provided controls to prevent the escape of air contaminants in quantities which can be detected at or beyond the property line of the premises on which the source is located. _12- Section 4:815.61. Multiple Source Requirements , In any area of the City of St. Louis Park in which one or more separate sources of emission located on premises abutting or adjacent to one another increase the amount of air contaminants in the ambient air, allowable amounts of emission permissible from any single source shall be decreased in proportion to the air pollutant levels attributable to such multiple sources. Section 4:815. 63. Open Fire Refuse Burning Prohibited. No person shall cause, suffer, permit, or allow the open burning of litter or refuse, except as otherwise set forth in this ordinance. All open fire refuse burning shall meet all requirements of the Fire Department. Tree leaves, brush, and grass clippings may be burned by open fire without a permit, until such time as the City of St. Louis Park shall provide for pickup and removal or other disposition of same, either by contract collector or its own operation. Section 4 :815.65. Fireplaces and Outdoor Cooking Fires. The use of indoor and outdoor fireplaces and outdoor fires for the purpose of cooking, warmth, or recreational purposes is permitted without permit under this ordinance, provided, however, that such fires shall not be used for purposes of refuse disposal and shall meet other ordinance requirements of the City. Section 4:815.67. Construction Fires. Open fires used in construction work for ground thawing in the winter are not prohibited by this ordinance. Salamanders or other devices may be used for heating in construction or other work. Any person using such fires shall use fuels which do not make smoke or flyash. No permit shall be required. This exemption for such fires does not exclude such fires from compliance with the regulatory provisions of this ordinance and other ordinances of the city. Section 4:815.69. Official Fires. Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for one or more of the following reasons or purposes: Sudb. 1. For the prevention of a fire hazard which cannot be abated by other means. Subd. 2. For the instruction of public fire fighters or in- dustrial employees under supervision of the fire chief. Subd. 3. For the protection of the public health or welfare. Subd. 4. Disposal of dangerous materials if no alternate means of disposal is reasonably available. Subd. 5. Such fires may be set by such officials upon their own initiative if required as a part of their official duties or upon appli- cation of interested parties in the manner elsewhere in this ordinance set forth. -13- e Section 4:815.71. New Incinerators. No refuse burning equip- ment shall be constructed or installed unless it is a multiple -chamber incin- erator, or unless such equipment shall have been validated as elsewhere in this ordinance authorized. Section 4:815. 73. Existing Sources of Emission which are in Violation. Where an emission source is in existence prior to the adoption of this ordinance which does not meet the requirements of this ordinance as to prohibited air pol- lution and construction work in excess of $1, 000. 00 shall be required to bring it into compliance with this ordinance, then a program to meet the emission limita- tions set forth in this ordinance shall be developed and filed with the Health Authority to bring such source of emission into compliance with this ordinance at the earliest practicable time. In no event, however, shall such program be proposed over periods of time in excess of the following: 1. Preliminary plans to be filed not more than six months after the adoption of this ordinance. 2. Final plans to be filed and building permit, if necessary, obtained not more than one year after the adoption of this ordinance. 3. Completion of necessary construction and placing such source of emission in compliance not more than two years after adoption of this ordinance; provided, however, that in the event a longer period of time shall be required, application based upon engineer- ing and other information shall be submitted to the City Council for such extension. Such sources of emission shall not be exempt from licensing fees and other applicable regulations in this ordinance. Failure to meet any of the time requirements above set forth shall be a violation of this ordinance. In the event such cost of construction work shall be less than $1, 000. 00 all of such construction work shall be completed and the source of emission shall in all respects be brought into compliance with this ordinance within one year after the adoption of this ordinance. Section 4:815. 75. Auxiliary Combustion, After Burners. The Health Authority may require installation of auxiliary combustion facilities in order to meet requirements of this ordinance relating to emission of air contaminants. Section 4:315.77. Combined Flue and Waste Chutes Prohibited. The construction, maintenance, or use of combined flue and waste chutes for feeding incinerators commonly referred to as flue -fed incinerators is hereby prohibited, provided, however, existing incinerators of such design may be vali- dated in the manner elsewhere herein provided for the validation of new inciner- an ators but in/event all such existing incinerators shall be modified, altered, or rebuilt as necessary to comply with this requirements of this section withinaperiod of not less than two years after the passage of this ordinance, or the use thereof shall be discontinued. -14- e Section 4:815. 79. Hand Fired Fuel Burning Equipment Prohibited. No person shall install, construct or use hand fired fuel burning equipment such as but not limited to furnaces, boilers and stoves. This requirement shall not apply to fireplaces, recreational fires and construction fires as provided else- where in this ordinance. Section 4:815.31. Odors, Emission Prohibited. No person shall cause, permit or allow emission into the atmosphere of air contaminants having odors which are noxious, nauseating, obnoxious, offensive, annoying, imiurious or danger- ous to health, comfort, welfare, or property. Section 4:815. 32. Odors, Emissions, Panel. No person shall cause or permit the emission into the ambient air of irritating obnoxious odors whichare of sucl intensity as to cause air pollution on any adjacent residential, recreational, in- stitutional, commercial or educational premises. An irritating odor will be . deemed to be of such intensity as to cause air pollution when 30 percent or more of a sample of the people normally exposed to it believe it to be objectionable in their usual places of occupancy. The sample size shall be at least 20 people or 75 percent of those exposed if fewer than 20 people are exposed. Section 4:315. 33. Equipment Breakdown. No person shall operate any process, process equipment, fuel -burning equipment or refuse -burning equip- ment when such process or equipment is out of repair, causing or permitting air contaminants to be emitted into the atmosphere. Emissions exceeding any of the •limits established in this ordinance as a direct result of upset conditions in or breakdown of any process equipment, fuel -burning equipment, refuse -burning equipment or control equipment or related operating equipment beyond the control of the person owning or operating such equipment, shall not be deemed to be in violation of this ordinance, provided that the owner or operator advises the Health Authority of the circumstances and outlines a corrective program. The Health Authority shall permit operation on a temporary basis during the period of such an emergency shut down if such operation will not create an immediate serious public health hazard. • Section 4:315.35. Provision of Test Facilities. Any person respon- sible for any process, process equipment, control equipment, fuel -burning equip- ment, refuse -burning equipment, or other equipment which may emit air contam- inants, upon the request of the Health Authority, shall provide openings, means of access to sampling points, lighting, and power source, and any similar sampling facilities necessary to provide accurate inspection and testing thereof under this ordinance. Such facilities may be permanent or temporary at the dis- cretion of the person responsible for providing them. Such facilities shall be safe and shall conform to all applicable Laws, Rules, and Regulations covering safe practice. Section 4:815. 87. Equivalent Iv_ethods of Air Pollution Control. Any procedure, process, or equipment which shall provide air pollution control meeting the standards of this ordinance may be validated. The licensee or other proper person shall submit to the Health Authority evidence showing in detail the procedure, process or equipment and the effectiveness thereof. If such methods are determined by the Health Authority to be an equivalent, the Health Authority shall validate the same and such procedure, process or equipment may then be used. -15- Section 4:315.39. Interference with, or Hindrance of Health Authority. No person shall interfere with or hinder the Health Authority in the performance of duties under this ordinance or the laws of the State of ivinnesota, nor prevent the performance thereof. Section 4:315. 30. Revocation of License. Any license issued as required under this ordinance may be revoked in the manner provided in Sections 2:15 and 2:16 of the St. Louis Park Ordinance Code, on the grounds therein provided, or upon conviction of violation of any provision of this ordinance. Section 4:315. 91. Suspension or Revocation of Permit. The Health Authority may suspend or revoke a license or permit issued under provisions of this ordinance whenever the permit is issued in error, issued on the basis of incorrect information supplied, or issued in violation of any other provision of any other ordinances of the City of St. Louis Park. Section 4:315. 92. Temporary Suspension of License. The Health Authority, with the approval of the City iv anager, may immediately, as set forth in this section, suspend the license of any person for the violation of any terms of this ordinance involving an immediate and serious public health hazard. Upon notification by the Health Authority of a temporary suspension of license, by posting of his inspection report at the time of the inspection as required elsewhere in this ordinance, the licensee shall forthwith cease operation. The licensee may appeal from the order of temporary suspension, in writing, to the City Council in the manner prescribed in Section 2:15 and Section 2:16 of the St. Louis Park Ordinance Code. The Health Authority at the time of establishing such temporary suspension in addition to such posting shall on the same day send by certified mail to the licensee named in such license a notice that such license has been temporarily suspended. Section 4:815. 93. Hearing. Any person affected by any order issued under this ordinance or by any action taken in accordance with this ordinance, may within ten days of the issuance of such order or action, request and shall be afforded a hearing before the City Manager. Hearings shall be held within ten days after a request for a hearing is filed. Requests for hearings shall be made by filing with the City Manager a notice of appeal specifying the grounds thereof and the relief sought. The City Manager shall forthwith set a date, time, and place for such hearing and shall notify the person appealing at least five days in advance of the hearing. If, after such a hearing, the order or action previously entered is affirmed, the affected person may appeal this decision to the City Council. Notice of such appeal to the City Council must be filed with the City Manager within five days after the decision, of the City Manager affirming the order. Such affected person may resort to court proceedings instead of appealing to the council after having appealed to the City Manager and in such event such person shall be deemed to have exhausted his administrative remedies in such manner as to authorize such court proceedings. -16- • • Section 4:315. 9z. Sealing of Equipment. In the event the licensee fails to make corrections of violations as defects noted on the Health Authority Inspection Report, the Health Authority may prevent further operation of any control equipment, any fuel -burning equipment, any refuse -burning equipment, any process equipment or any other equipment emitting or discharging air con- taminants into the atmosphere by affixing a seal to such equipment. No person shall operate such equipment so sealed and no person shall remove such seal from any equipment, except under the direction of the Health Authority. Section 4:315. 96. Voluntary Cessation of Operation. Any person operating fuel -burning equipment, process equipment, refuse -burning equip- ment, control equipment, process, as defined in this ordinance, or any other equipment emitting air contaminants into the atmosphere, may voluntarily cease such operation to avoid continued violation of this ordinance in lieu of license suspension or revocation or other penalties. Section 4:815. 97. Violation Continued More than One Day. Each day that a violation continues to exist shall constitute a separate violation. Section 4:315. 98. Separability. Should any section, subdivision, clause or other provision of this ordinance be declared by a court of competent jurisdiction to be invlaid, such decision shall not affect the validity of the ordinance as a whole nor of any part thereof other than the part so declared to be invalid. Section 2. Repeals. The following section of the St. Louis Park Ordinance Code is hereby repealed: Subsection (a) of Section 4:220 entitled "Smoke Nuisance and Burning of Rubbish and Waste Materials, " as amended by Section 4220.2 of Ordinance No. 834, entitled "An Ordinance Amending Section 4:220, entitled 'Smoke Nuisances and Burning of Rubbish and Waste Materials' of the St. Louis Park Ordinance Code, Relating to Smoke Nuisances and Burning of Rubbish and Waste Materials. " Section 3. Penalty for Violation. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one hundred dollars ($100. 00) or by imprisonment for not to exceed 90 days. Section 4. Effective Date. This ordinance shall take effect fifteen days after its publication. Adopted by the City Council May 20, 1963. Revi-wed fo administration: manager �a -17- Approved as to form and legality: C�Attorney eviewed by Health Department: ublic anitarian iv Lt 1/ 177 W JOHN BExRTRAM, being duly sworn, on oath says he is and"during all times ; here stated hashevice president and printer of the newspaper known as The ; St. Louis Park Sun a d; bhas 3071 k owledge> of the facts;herein stated as follows: (1) Said' newspaper 7nglish ` language in newspaper . format and in column and sheet form space to at -least 900 square inches• (2) Said newspaper is a weekly, and once; each week. (3) Said newspaper ;has 50%m of its news columns devoted . erest to .the community which it purports to serve and doesnot wholly d ap c any* oi;her publication and is not made up entirely of patents, plate 'matter and *'s efr�,ts x(�) Sa}dynewspaper is circulated in and near the municipality which it purports tai se ee hasa least ,500' copies regularly."delivered to paying subscribers, has an average of at" least 75% o , its total circulation currently paid or no more than three months in arrears and has ;entry;a second-class. matter in its.local post -office. (5) Said'newspaper purports to serve the City of ,St. Louis Park in the County of Hennepin and it has . its' known office of e in the City of Hopkins in said county, established and open during its regular business s for the ga,,� ering .of news, sale ofd'advertisements and sale of subscriptions and main i• 0,. g.., 'officer .. its r �- amed�b ._ . "he. anima in ,officer or 'persons i - g g p n employand subject to his direction and con- trol during all such `r regular business hoursand devoted exclusively during such regular business=. hours to ,;the business of the newspaper and business related thereto. (6)' Said news- paper files a copyt of each issue immediately with the State Historical Society. (7) Said news- paper has'.com lied with all,the foregoing conditions for at least two years preceding the day or dates of publication`-Inartioned` below. ; (8) Said newspaper has, filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the by ,...the Secretary of State and signed by the publisher of said - newspaper and a? otary public stating that the newspaper is a legal newspaper. vale 1111 dQ (xa I)0)o00 at; -oYY'1 a1 0ti,, U4C " J. G 4s 1 o,o ( ©001 eX0)( 0K'{ 1 .. 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REQUIRING CONTROL ,.AND CORRECTION OF AIR POLLUTION; REQUIRING LICENSES AND PER!ilTS TO OPERATE CERZ'Afl J N!1 i AND PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS THEREOF Introduced by Date_ First Reading -Date 3-25'66 Waived Second Reading -Date 5,,20...68 Waived oLe: Aye_ Nay Published Date 5-30-68 Effective Date 6-1 -68 Cade Reference Jr.'” •