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HomeMy WebLinkAbout1207 - ADMIN Ordinance - City Council - 1973/01/29ORIGINAL ORDINANCE NO.1 2 e AN ORDINANCE AMENDING SECTIONS 4:315.03, AND 4:315.32 OF AND ADDING SECTION 4:315.44 TO THE ST. LOUIS PARK ORDINANCE CODE THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Section 4:015.03 of the St. Louis Park Ordinance Code is amended by adding the following subdivisions: Subd. 27. Ambient Air shall mean that portion of the atmosphere external to buildings to which the general public has access. Subd. 23. Odor Concentration Unit shall mean the number of standard cubic feet of odor -free air needed to dilute each cubic foot of contaminated air so that at least 50 percent of the odor concentration test panel does not detect any odor in the diluted mixture. Subd. 29. Odor Emission Rate shall mean the product of the number of standard cubic feet per minute of air or other gases emitted from a suspected odor pollution source and the number of odor concentration units determined for that source. Subd. 30. Odor Source shall be defined as to include but not be limited to any stack, chimney, vent, window opening, lagoon, basin, catch -basin, pond, open tank, storage pile or any organic or inorganic discharge and/or application which emits odorous gas, gases or particulates. Section 2. Section 4:815.44 is hereby added to the St. Louis Park Ordinance Code, which section shall read as follows: Section 4:815.44. Emission of Visible Air Contaminants from Vehicles and Other Internal Combustion Engines. No person shall cause or permit the emission of visible air contaminants from any vehicle or other internal combustion engine in excess of those limits described in Subd. 1 and Subd. 2. Where the presence of uncombined water is the only reason for failure of an emission to meet the requirements of this regulation, the provisions of this section shall not apply. Subd. 1. No person shall cause or permit the emission of visible air contaminants from any internal combustion engine other than a diesel cycle engine for more than 10 consecutive seconds. Subd. 2. No person shall cause or permit the emission of visible air contaminants from any diesel cycle engine in excess of 20 percent opacity or No. 1 Ringelmann for engines produced prior to January 1, 1973, and in excess of 10 percent opacity or No. 1/2 Ringelmann for engines produced after January 1, 1973, for more than 10 consecutive seconds. Subd. 3 No person shall operate a motor vehicle originally equipped with air pollution control devices as required by federal law or regulation unless such devices are in place and in operating condition. Section 3. Section 4:815,82 of the St Louis Park Ordinance Code is amended to read: Section 4:815.82. (a) Odorous Air Pollution Prohibited. No person shall cause, permit or allow emission into the ambient air of odorous air contaminants in excess of the standards and parameters outlined in either Subd. 1, Subd. 2, Subd. 3 or Subd. 4 of this section. Subd 1. No person shall cause, permit or allow odor emissions from well-defined stacks 50 feet or more above grade elevation and with adequate dispersion characteristics as defined by the Health Authority greater than 150 odor concentration units. Subd. 2. No person shall cause, permit or allow odor emissions from sources less than 50 feet above grade or otherwise failing to create good dispersion conditions as determined by the Health Authority greater than 25 odor concentration units. Subd. 3. No person shall cause, permit or allow odor emissions at a rate in excess of 1,000,000 odor concentration units per minute. Subd. 4. No person shall cause, allow or permit emission of air contaminants into the ambient air which cause odor outside the alleged polluter's property line in excess of the following limitations: 1. One odor unit in areas zoned residential, recreational, institutional, retail sales, hotel or educational. 2. Two odor units in areas zoned light industrial. 3. Four odor units in areas zoned other than in subsections (1) and (2) above. (b) Odor Testing. 1. Odor tests shall be conducted by the Health Authority or by another firm or agency who in the opinion of the Health Authority has the competency and experience to perform the required tests. 2. Odor test panel members shall be selected or approved by the Health Authority. 3. Ambient air samples containing the alleged odorous air pollution obtained downwind and outside the property line of the alleged polluter, and samples of the air contaminant from the odor source allegedly causing the odorous air pollution shall be obtained. -2- • • • 4. Procedures for obtaining such samples and presenting such samples to the test panel for tests shall be accomplished according to American Society for Testing Materials Method D-1391-57, or by other methods approved by the Health Authority. The panel testing procedure shall be conducted by the method described by D. M. Benforado, W. J. Rotella and D. L. Horton, "Development of an Odor Panel for Evaluation of Odor Control Equipment" Journal of the Air Pollution Control Association, Volume 19, Number 2, Pages 1-1-105, February 1969; or by other methods approved by the Health Authority. 5. All odor test panel members shall have a smell exposure to determine the odor concentration of alleged air contaminant at the odor source and in the ambient air sample, and shall be questioned as to whether the air contaminant in the ambient air sample is contained in the sample obtained from the odor source of the alleged discharger. All responses shall be recorded under oath and notarized. Section 4. This ordinance shall take effect fifteen days after its publication. Attl�st: ity Clerk Adopted by the City Council January 29, 1973. Reviewed for administration: City Manager -3- Approved as to for,and legality: Cityttorney 6601 W. 78th St. SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARKSUN State of Minnesota 1 County of Hennepin j Ss. Bloomington, Minnesota J R RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The St Louis Park Sun and has full knowledge of the facts herein stated as follows• (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least once each week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least iL•-^(1 copies regularly delivered to paying subscribers, has an average of at least 75% of its total culation currently paid or no more than three months in arrears and has entry as second-class ,tter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park e County of Hennepin and it has its known office of issue in the City of Bloomington in county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the news- paper and business related thereto (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned 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 form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printed Ordinance No. 1207 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one successive weeks; that it was Rist so published o Thur a the 1 and was thereafter printed and published on every day of February 1973_, to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being el size and kind of type used in the composition and publication of said notice, to -wit abcdefghi j khnnopgrstuvwxyz abcdelehiiklm nopgrstuvwxvz Subscribed and sworn to before me this 1 day of February , 19_73 (Notarial Seal) Vest, Notary Public, Hennepin County, Minn ommission Expires April 18th, 1979 (Official Publication) ORDINANCE NO 1287 AN ORDINANCE.AMENDINGSEC TIONS 4 815.03, AND 4 815.82,0F AND ADDING SECTION 4 815.44 TO THE ST LOUIS PARK ORDINANCE CODE THE CITY OF ST LOUIS PARK DOES ORDAIN Section 1 Section 4 81503 of the St Lows Park Ordinance Code is amended by adding the following subdivisions Sabel 27 Ambiens Air shall mean that portion of the atmosphere external to buildings to wluch the general pubhc has access Subd- 28 Odor Concentration Unit shall mean the number of standard cubic feet of odor -free air needed to dilute each cubic foot of contaminated air so that at (east 50 percent of the odor concentration test panel does not detect any odor in the diluted mixture Subd- 28 Odor Emission Rate shall mean the product of the number of stand- ard cubic feet per minute of air or other gases emitted from a suspected odor pol- lution source and the number of odor con- centration units determined for that source Sabel 30 Odor Source shall be defined as to include but not be limited to any stack chimney vent, window opening, lagoon basin, catch -basin, pond open tank storage pile or any organic or inor- ganic discharge and, or application which emits odorous gas, gases or particulates Section 2 Section 4 815 44 is hereby added to the St Louis Park Ordinance Code, which section shall read as follows Section 4 815 44 Emission o1 visible air contaminants from any vellicle or other Interval combustion engine No person shall cause or permit the emission of visi- ble air contaminants from any vehicle or cine In ex- ce�ssrof thoseelcombustin limits descn bed x in Subd 1 and Subd 2 Where the presence of un - combined water is the only reason for failure o1 an emission to meet the re- quirements of this regulation the provi- sions of this section shall not apply Sobd 1 No person shall cause or permit the emission of visible air contam- inants from any internal combustion en- gine other than a diesel cycle engine for more than 10 consecutive seconds Sobd 2 No person shall cause or permit the emission of visible air contam- ants from any diesel cycle engine in Wants excess of 50 percent capacity or No 1 Ringelmann for engines produced prior to January 1, 1973, and in excess of 10 per- cent opacity or No Ye Ringelmann for engines produced after January 1, 1973, for more than 10 consecutive seconds Subd 3 No person shall operate a motor vehicle originally egwpped'with air pollution control devices as required by federal law or regulation unless such devices are in place and in operating con- dition Secdon 3 Section 4 815 82 of the St Louis Park Ordinance Code is amended to read Section 4 815 82 iai Odoroud Air Pollu- tion Prohibited No person shall cause, permit or allow emission into the ambient air of odorous air contaminants in excess of the standards and parameters outlined in either Subd 1, Subd 2, Subd 3 or Subd 4 of this section Subd 1 No person shall cause, per- mit or allow odor emissions from well- defined stacks 50 feet or more above grade elevation and with adequate disper- sion characteristics as defined by the Health Authority greater than 150 odor concentration units Subd 2 No`person shall cause, per- mit or allow odor emissions from sources less than 50 feet above grade or otherwise failing to create good dispersion condltios as determined by the Health Authority greater than 25 odor copk ntration units Subd 3 Nd.perr shall cause, per- mit or allow oddr em ions at a rate in excess of 1,000,0 r concentration units per minute Sobd 4 No person shall cause, allow or permit emission of air contaminants into the ambient air which cause odor outside the alleged polluter's- property line in excess of the following limitations 1 One odor unit in areas zoned resi- dential, recreational, institutional, retail sales, hotel or educational 2 Two odor units in areas zoned fight industrial 3 Four odor umts i er than in subsections i 1 lb) Odor Testing 1 Odor tests shall the Health Authority o ,' or agency who in the opi Authority has the coin encdto perform the req 2 Odor test panel selected or approved thority 3 Ambient air sa the alleged odorous air downwind and outside the alleged polluter, a air contaminant from legedly causing the od shall be obtained 4 Procedures to samples and presents the test panel for les pbshed according to Testing Materials M other methods appr. Authonty The panel shall be conducted b scribed by D M Beni and D L Horton, • Odor Panel for Evaiu trol Equipment" Jour tion Control Assocla Number 2, Pages 1.1-1 or by other methods Health Authority 5 All odor test have a yell expose odor concentration of inant at the odor sou bient air sample, and as to whether the air ambient air sample sample obtained fro the alleged dischar shall be recorded u 'zed Section 4 Thts ordi feet fifteen days after Adopted by the City 1973 Attest s/ EARL E HANSO. City Clerk Reviewed for admini CHRIS CHERCHES City Manager Approved as to form s/ WAYNE POPH City Attorney Feb 1, 1 File No Affidavit of Publication- ' ST LOUISPARK SUN St. Louis Park, Minnesota In The Matter Of 04,