TITLE IX: GENERAL REGULATIONS Chapter 90. AIR POLLUTION 91. ANIMALS 92. ABANDONED ...

150 Pages·2017·1.41 MB·English

TITLE IX: GENERAL REGULATIONS
Chapter
90. AIR POLLUTION
91. ANIMALS
92. ABANDONED VEHICLES
93. FIRE PREVENTION
94. NUISANCES
95. OPEN HOUSING
96. PARKS AND RECREATION
97. STREETS AND SIDEWALKS
98. TAXATION
99. TREES
APPENDIX A: APPROVED LISTING OF APPROPRIATE
AND INAPPROPRIATE STREET/PARK TREES
APPENDIX B: TREE CARE STANDARDS FOR CITY
TREES
APPENDIX C: PLANTING STANDARDS FOR CITY TREES
AND SHRUBS
100. EMERGENCY MEDICAL AND AMBULANCE SERVICES
101. HAZARDOUS MATERIAL
102. ENVIRONMENTAL PROTECTION STANDARDS AND
ENFORCEMENT PROCEDURES
103. ALARM SYSTEMS
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CHAPTER 90: AIR POLLUTION
Section
General Provisions 90.044 Suit to collect delinquent fees
90.001 Short title Emission Limitations and Prohibitions
90.002 Purpose
90.003 Definitions 90.050 Enforcement of applicable state and
90.004 Jurisdictional area federal rules and regulations
90.051 Nuisances
Administration 90.052 Open burning
90.010 Air Management Commission; Board Procedure for Notice of Violations
of Public Safety
90.011 Office of Air Management 90.060 Notice of violation
90.012 Enforcement by Director 90.061 Contesting notice of violation
90.013 Qualifications of Director and/or 90.062 Tests required by Director
Division Chief
90.014 Powers and duties of Director and Liability
Division Chief
90.070 Persons liable
Permits 90.071 Parties to claims or actions
90.020 Construction or remediation permits Rules and Regulations
90.021 Operating permit
90.022 Exemptions 90.080 Adoption of rules and regulations
90.023 Applications
90.024 Transfers Appeals
90.025 Conditional approval
90.026 Compliance 90.090 Appeals Board
90.027 Permit kept on premises 90.091 Appeals
90.028 Air pollution tests
90.029 Failure to operate successfully under 90.999 Penalty
test
90.030 Action on application within 90 days
90.031 Permit violation
90.032 Registration of emissions GENERAL PROVISIONS
90.033 Contents of registration
Schedule of Fees § 90.001 TITLE OF CHAPTER.
90.040 Filing fees This chapter shall be known and cited as the Air
90.041 Operating permit fees Management Chapter.
90.042 Payment of fees (Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed
90.043 Residential heating plants 2-8-07)
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§ 90.002 PURPOSE. APPLICABLE STATE AND FEDERAL RULES
AND REGULATIONS. Rules and regulations
The purpose of this chapter is to protect and concerning air pollutant emission limitations and air
preserve the public health, safety and welfare of the quality established by the IDEM/OAM pursuant to
city, by monitoring, controlling and regulating state law, including rules and regulations promulgated
activities that cause or may cause air pollution. Also, by the USEPA established pursuant to the Federal
to assure that the ambient air of the city will be Clean Air Act.
adequately pure and free from air contaminants that
are injurious to human, plant and animal life; to ATMOSPHERE. The air that
property; or which interfere with the comfortable envelops/surrounds the earth.
enjoyment of life or property, or the conduct of
business. Such intent and purpose shall require BOARD. Anderson Air Management Board.
standards of air quality and the use of all available,
practical and reasonable methods to prevent and COMMENCE CONSTRUCTION. Construction
control air pollution in the city. or modification of a facility or source shall be deemed
(Ord. 3-91, passed 2-14-91) as having begun when the owner or operator either:
(1) Have begun a continuous program of
§ 90.003 DEFINITIONS. on-site construction of the facility or source; or
For the purpose of this chapter, the following (2) Have entered into binding agreements
definitions shall apply unless the context clearly or contractual obligations, which cannot be canceled
indicates or requires a different meaning. or modified without substantial loss to the owner or
operator, to undertake a program of construction of
AIR CONTAMINANT. Any solid, liquid or the facility.
gaseous matter, or any combination thereof, that may
be emitted into the ambient air. CONSTRUCTION. Fabrication, erection or
installation of an emission source, air pollution control
AIR POLLUTION. The presence of one or more equipment or a facility.
air contaminants in the ambient air in sufficient
quantities and of such characteristics and duration as COUNCIL. Anderson Common Council.
to be injurious to human, plant, or animal life or to
property, or which unreasonably interfere with the EMISSION. The act of passing an air
comfortable enjoyment of life and property. contaminant, or the actual air contaminant passed, into
the atmosphere.
AIR POLLUTION CONTROL EQUIPMENT.
Equipment which, aside from controlling air pollution FACILITY. Any one structure, piece of
emissions, is not vital to the normal operation of the equipment, installation or operation which emits or
source or facility. Equipment is vital if the source has the potential to emit any air contaminant. Single
could not produce its normal product or operate pieces of equipment or installations with multiple
without it. emission points shall be considered a facility for the
purposes of this chapter.
AIR SAMPLING. Monitoring the ambient air to
determine the effects of the program of air FARMING OPERATION. That business
management. concerned with the planting, harvesting, and/or
marketing of crops and the raising of animals. This
AMBIENT AIR. Any surrounding air in the does not include nurseries, tree farms, or sod
outdoor atmosphere. production.
Air Pollution 5
IDEM/OAM. The Indiana Department of OPACITY. The light-obscuring power of
Environmental Management Office of Air particulate pollution in the air.
Management.
OPEN BURNING. Any burning of wood
INCINERATOR. An engineered apparatus that products wherein the products of combustion are
burns waste substances with controls on combustion emitted directly into the ambient air without passing
factors including, but not limited to, temperature, through a stack or chimney.
retention time and air.
OWNER OR OPERATOR. Any person who
MAJOR ASBESTOS ABATEMENT. Per owns, leases, controls, operates or supervises a
federal and state regulations for any Class 1 structure facility, an air pollutant emission source or air
(such as commercial, industrial or multi-family pollution control equipment.
containing more than four dwelling units) built prior
to 1981 where there is removal in excess of the PARTICULATE MATTER. Any matter, except
standard (such as friable asbestos stripped, removed water, that exists in a finely divided form as a liquid
or distributed equal to or greater than 260 lineal feet or solid capable of being suspended in the atmosphere
of pipes, 160 square feet on other components or 35 for a period of time.
cubic feet on all other components) of thermal system
insulation, surfacing material or any non-friable PERSON. Any individual, partnership, co-
material made friable when dry by crumbling, partnership, firm, company, corporation, association,
pulverizing or reducing to powder. joint stock company, trust, estate, governmental entity
or other entity, or their legal representative, agents or
MAJOR FACILITY. Any facility that has the assigns.
potential to emit 100 tons or more per year of any one
regulated pollutant. POTENTIAL EMISSIONS. Emissions of any
one pollutant which would be emitted from a facility
MODIFICATION. An addition to an existing if that facility were operated without the use of
facility or any physical change, or change in the pollution control equipment. Potential emissions shall
method of operation of any facility which increases be based on the maximum annual rated capacity
the potential or legally allowed emissions (whichever (8,760 hrs/yr) unless hours of operation are limited by
is more stringent) of any pollutant that could be enforceable permit conditions.
emitted from the facility or which results in emissions
of any pollutant not previously emitted. PROCESS. Any action, operation or treatment
and the equipment used in connection therewith, and
NATURAL GROWTH. Trees, brush or other all methods or forms of manufacturing or processing
vegetation in its natural state either dead or alive. that may emit air contaminants.
NONCOMBUSTIBLE CONTAINER. A SHUTDOWN CONDITION. The cessation of
container that can withstand a temperature of operation of process or control equipment for any
1,500°F. purpose.
NOV. Notice of violation. SMOKE. Small gas-borne particles resulting
from incomplete combustion, consisting
OAM. Anderson Office of Air Management; a predominantly, but not exclusively, of carbon, ash,
division of the Department of Municipal and other combustible material, that forms a visible
Development. plume in the air.
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SOURCE. One or more facilities which are ADMINISTRATION
located on one piece of property or on contiguous or
adjacent properties, and which are owned or operated
by the same person (or by persons under common § 90.010 AIR MANAGEMENT COMMISSION;
control). BOARD OF PUBLIC SAFETY.
STACK. A vertical duct originating within the (A) An Air Management Commission may be
facility, the area and other physical parameters of appointed by the Mayor. The Air Management
which are quantifiable (including the quantity of Commission shall study the problem of air
pollutants emitted) and the use of which results in a management within the jurisdictional area and shall
physical pollutant plume whose characteristics make recommendations to the Board of Public Safety
continuously are determined by the operation of the concerning needed standards and regulations
facility. consistent with the general intent and purposes of this
chapter.
STARTUP CONDITION. The setting in
operation of process or control equipment for any (B) The Air Management Commission shall
purpose. consist of three members. The members shall be
appointed by the Mayor with the approval of the
USEPA. United States Environmental Protection Council. Not more than two members of the Board
Agency. shall hold any public office, elected or appointed. The
Mayor shall consider when appointing members the
WOOD PRODUCTS. Any dry material following qualifications: a graduate engineer
consisting of untreated wood or vegetation. For the registered in the state, a physician who holds a license
purpose of this chapter, grass will not be considered to practice in the state, a representative of agriculture,
a wood product. a practicing attorney licensed to practice law in the
state, a representative of the labor unions, a
WRITTEN AGREEMENT. An agreement representatives of industry, or a representative of the
between the IDEM/OAM, establishing the OAM as a general public. The Department of Municipal
representative for the state, and as the agent of any Development Director and Division Chief of the OAM
local, state or federal air pollution control rules and shall be an ex-officio member. The terms of office
regulations in the determined jurisdictional area. shall be four years except that the terms of those first
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed appointed shall expire as follows: one at the end of
2-8-07) two years from the date of this chapter; one at the end
of three years from the date of this chapter; and one at
the end of four years from the date of this chapter.
§ 90.004 JURISDICTIONAL AREA. The Mayor shall designate each member’s term at the
time of appointment. The terms of all members shall
The city and any other area listed in the existing continue until their respective successors have been
approved written agreement with the IDEM/OAM duly appointed and qualified. If a vacancy occurs in
shall constitute the jurisdictional area of this chapter. the membership, the Mayor shall appoint a member
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed for the remaining portion of the unexpired term
2-8-07) created by the vacancy. In like manner, any member
may be removed for cause.
(C) The Air Management Commission shall elect
its own chair on a yearly basis by a majority vote of a
quorum. A quorum shall consist of a minimum of two
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members of the Board. The Board shall meet annually § 90.014 POWERS AND DUTIES OF
in January and for special meetings, at the call of the DIRECTOR AND DIVISION CHIEF.
chair. All members shall serve without compensation.
The Division Chief of the Office of Air Management (A) The Director shall have the authority to
as an ex-officio member of the Commission, without establish and operate a program of air management in
a right to vote, shall act as secretary thereof. accordance with the intent and provisions of this
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed chapter and the requirements outlined in the written
2-8-07) agreement with the IDEM/OAM.
(B) The Director or Division Chief shall receive
§ 90.011 OFFICE OF AIR MANAGEMENT. and act on all complaints against all persons for
violating any provision of this chapter except as
There is created an Office of Air Management limited by § 90.090. Records shall be kept of all such
(OAM) which shall be a division of the Department of complaints, and all resulting investigations,
Municipal Development. inspections, observations and test results.
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed
2-8-07) (C) The Director shall institute necessary legal
proceedings against any person who violates any
applicable state and federal rule or regulation or the
§ 90.012 ENFORCEMENT BY DIRECTOR. provisions of this chapter.
The administration and enforcement of this (D) The Director or Division Chief shall
chapter shall be the sole responsibility of the Director, examine and approve or disapprove plans for
except that he or she shall not have the authority to construction or modification of fuel incineration,
decide appeals from any of his or her decisions, process and control equipment when such may change
rulings, determinations or orders per § 90.091, or to the quality, nature, or quantity of air contaminants.
grant variances from regulations established by city
ordinances. (E) The Director or Division Chief shall approve
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed or reject applications for, and administer the issuance
2-8-07) and renewal of, operating permits as required under
the provisions of this chapter.
§ 90.013 QUALIFICATIONS OF DIRECTOR (F) The Director, or his or her representative,
AND/OR DIVISION CHIEF. may enter, at all reasonable times, in or about any
private or public property, except private residences,
The Director or Division Chief shall be qualified for the purpose of inspecting or investigating
by technical training and by education and experience conditions relating to the pollution of the ambient air
to cooperate with scientific, educational and civic in the jurisdictional area.
organizations. Applicants who are graduate engineers
registered in the state, shall be given preference, other (G) The Director shall have the authority to
qualifications being equal. employ or contract legal, professional and other
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed personnel assistance as may be necessary for the
2-8-07) efficient performance of the requirements of this
chapter.
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed
2-8-07)
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PERMITS § 90.024 TRANSFERS.
An operating permit shall not be transferable
§ 90.020 CONSTRUCTION OR either from one location to another without written
REMEDIATION PERMITS. approval of the Director of the OAM.
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed
No person shall commence construction or 2-8-07)
modification of any facility without first applying for
and obtaining a construction permit from the Director.
Nor shall any major asbestos remediation occur § 90.025 CONDITIONAL APPROVAL.
without applying for and obtaining a remediation
permit. On receipt of an application for the issuance of an
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed operating permit or the renewal thereof, the Director
2-8-07) may issue a temporary permit valid for a period not to
exceed 90 days.
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed
§ 90.021 OPERATING PERMIT. 2-8-07)
No person shall operate any facility without first
applying for and obtaining an operating permit from § 90.026 COMPLIANCE.
the Director. An operating permit is valid for one
year subject to compliance. The possession of an operating permit does not
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed relieve any person from the obligation to comply with
2-8-07) all other provisions in this chapter or the applicable
state and federal rules and regulations regarding air
management.
§ 90.022 EXEMPTIONS. (Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed
2-8-07)
The provisions of §§ 90.020 and 90.021 shall not
apply to structural changes, repairs or ordinary
maintenance of any facility or source; if such changes, § 90.027 PERMIT KEPT ON PREMISES.
repairs, or maintenance do not change the quality,
nature, or quantity of air contaminants. Any person in possession of permit shall maintain
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed the permit on the premises. Affect remediation permits
2-8-07) shall be displayed as directed by the Director.
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed
2-8-07)
§ 90.023 APPLICATIONS.
Application for a permit shall be made to the § 90.028 AIR POLLUTION TESTS.
Director of the OAM on the forms provided.
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed Before an operating permit, or any renewal
2-8-07) thereof is issued, the Director may require the
applicant to conduct such tests as are necessary in the
opinion of the Director to determine the kind or
amount of air contaminants emitted from the process
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or control equipment. Such test shall be made at the (C) Violation of an order of the Director of the
expense of the applicant and shall be conducted in a OAM; or
manner approved by the Director.
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed (D) Violation of any provision of this chapter.
2-8-07) (Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed
2-8-07)
§ 90.029 FAILURE TO OPERATE
SUCCESSFULLY UNDER TEST. § 90.032 REGISTRATION OF EMISSIONS.
Any failure of a test conducted pursuant to In order to assist the Director on locating the
§ 90.028 of this chapter will result in the Director origin of air contaminants in those areas where the
refusing to issue an operating permit. Furthermore, program of air management or ambient air sampling
the Director or Division Chief may issue a cease and shows acute changes that will affect the health of
desist order until compliance with all applicable rules people in the area, the Director will have the authority
and permit conditions. to require the written registration of points of emission
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed or air contaminants, whether by stack, duct, flue,
2-8-07) equipment or other means. The person responsible for
such shall have 30 days, after receiving written
notification from the OAM, to complete the filing.
§ 90.030 ACTION ON APPLICATION WITHIN (Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed
90 DAYS. 2-8-07)
An application shall be acted on within 90
calendar days after it is filed with the Director of the § 90.033 CONTENTS OF REGISTRATION.
OAM. The Director shall notify the applicant, in
writing, of the approval or rejection of the application, The written registration of points of emission
or the Director’s request for additional information. shall include the following information, the location of
After receipt of the additional information requested, the origin of emission, size of outlets, height of
the Director shall act on the application within 30 outlets, rate of emission, composition of emission,
calendar days. temperature of effluent or emission, and any other
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed pertinent information required by the Director in the
2-8-07) written notification.
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed
2-8-07)
§ 90.031 PERMIT VIOLATION.
The Director may revoke a permit or issue a
cease and desist order for any of the following: SCHEDULE OF FEES
(A) Violation of a construction or operating
permit condition; § 90.040 FILING FEES.
(B) Construction or modification of a facility not Fees for the inspection of plans and issuing a
in accordance with submitted plans and specifications; construction or remediation permit or fees for the
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variance from burning regulations shall be set/noted in to recover the amount of such unpaid fee or penalty.
Title XV: Land Usage; Chapter 164 of the Code of No civil judgment, or any act of the City Attorney, the
Ordinances. Director, or the violator, shall bar or prevent a
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed criminal prosecution for each and every violation of
2-8-07) this chapter.
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed
2-8-07)
§ 90.041 OPERATING PERMIT FEES.
Fees for the issuance or renewal of an operating
permit shall be noted in Title XV: Land Usage; EMISSION LIMITATIONS
Chapter 164 of the Code of Ordinances. AND PROHIBITIONS
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed
2-8-07)
§ 90.050 ENFORCEMENT OF APPLICABLE
STATE AND FEDERAL RULES AND
§ 90.042 PAYMENT OF FEES. REGULATIONS.
All fees or penalties prescribed under any The Director is empowered to enforce all state
provisions in this chapter shall be paid to the city, and and federal rules and regulations that are applicable in
shall render to the person making such a payment a the jurisdiction of the OAM.
receipt stating the amount and purpose for which the (Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed
fee or penalty has been paid, a duplicate of which 2-8-07)
shall be made part of the records of the Department.
All fees and penalties thus received shall be deposited
with the City Controller for the general fund. § 90.051 NUISANCES.
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed
2-8-07) Nothing in this subchapter shall in any manner be
construed as authorizing or legalizing the erection or
maintenance of a nuisance.
§ 90.043 RESIDENTIAL HEATING PLANTS. (Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed
2-8-07)
Provisions of §§ 90.020 through 90.041 are not
applicable to any heating plant of less than 1,000,000
BTU/hr. input, provided that such heating plant is for § 90.052 OPEN BURNING.
the single purpose of space-heating in residential units
and fuel used for firing is natural gas or light fuel oils. (A) No person shall openly burn any material
(Ord. 3-91, passed 2-14-91; Am. Ord. 9-07, passed except as provided in this section.
2-8-07)
(B) The burning of wood products shall be
allowed as follows:
§ 90.044 SUIT TO COLLECT DELINQUENT
FEES. (1) Recreational fires including:
All fees or penalties shall constitute a debt due (a) Fires for Twelfth Night
the city. The City Attorney shall, at the direction of ceremonies;
the Director, institute civil suit in the name of the city
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