Village of
New York Mills
Oneida County, NY
 Laws 

PART II GENERAL LEGISLATION Chapter 52, AIR POLLUTION, ARTICLE I, Prohibited Emissions

Overview:

52-1.  Emission of soot, cinders, noxious acids, fumes, gases. 

 

A.  Prohibited emission. No person shall cause or allow the escape from any stacks or open containers into the open air of such quantities of soot, cinders, noxious acids, fumes or gases in such place or manner so as to cause injury, detriment or nuisance to any person or to the public or to endanger the comfort, health or safety of any such person or to the public health, or in such manner as to cause or have a tendency to cause injury or damage to business or property. 

B.  Fly ash; reduction required. No person shall operate or cause to be operated, maintained or caused to be maintained, any furnace or combustion device for the burning of fuel without maintaining and operating, while using said furnace and combustion device, recognized and approved equipment, means, methods and devices or contrivances to reduce the amount of fly ash emitted into the open air which is operated in conjunction with said furnace or combustion device, so that the quantity of fly ash shall not exceed 0.7 grains per cubic foot of flue gas at a stacked temperature of 500 F., of which amount not to exceed 0.2 grains per cubic foot shall be of such size to be retained on a 325 mesh U.S. standard sieve; provided that locomotives equipped with a front end screens meeting interstate commerce commission specifications shall be deemed a compliance herewith. These conditions are to be conformed to when the percentage of excess air in the stack does not exceed 50% of a full load. 

C.  Measurements; tests adopted. The foregoing requirement shall be measured by the methods outlined in the tentative test code for dust-separating apparatus of the American Society of Mechanical Engineers.

D.  Nuisance declared. The escape of soot, cinders, noxious acids, fumes, gases or fly ash as herein prohibited, is hereby declared to be a nuisance and may be summarily abated by the Code Enforcement Officer or by any one whom he may authorize for such purpose. Such abatement may be in addition to the fines and penalties herein provided.   

 

52-2.  Emission of dense smoke. 

 

A.  Prohibited. The production of emission within the Village of dense smoke is prohibited and it is hereby declared to be a nuisance and may be summarily abated by the Health Officer or Code Enforcement Officer. Such abatement may be in addition to the fines and penalties hereinafter provided. 

B.  Ringelmann Chart, use of. For the purpose of grading the density of smoke, the Ringelmann Chart, as now published and used by the United States Bureau of Mines, shall be the standard. Smoke shall be considered dense when it is equal to or greater density than No. 2 of said chart. 

C.  Exception. An exception to the provisions of this section shall be permitted when a fire box of a locomotive is being cleaned out or a new fire is being built therein, in which case smoke shall be permitted of a density one degree less than No. 3 smoke or less for a period of 75 seconds in any one five-minute period.   

 

52-3.  Emission from each stack constitutes separate offense.

 

The unlawful emission of smoke, soot, cinders, fly ash, noxious acid, fumes or gases from each stack shall constitute a separate offense. 

 

52-4.  Successive violations; right to seal equipment. 

 

A.  Notice required. After any owner, agent, occupant, manager or lessee of any premises has been previously notified of three or more violations of this article within any consecutive three-month period, in respect to the emission of dense smoke, soot, cinders, noxious acids, fumes, gases or fly ash, the owner, agent, occupant, manager or lessee of said premises shall be notified to show cause before the Health Officer or Code Enforcement Officer on a day certain, not less than 10 days from the date of notice, why the equipment causing such violations should not be sealed. The notice herein provided for may be given by mail directed to the last known address of the party to be notified; or if said party or his whereabouts is unknown, then by posting a notice on or near the premises at which the violations shall have occurred. 

B.  Hearing authorized. Upon said date said violator may appear and be heard. 

C.  Equipment to be sealed. Upon such hearing, if the authorized official finds that adequate corrective means and methods have not been employed to correct the cause of such condition, then it shall be his duty to seal said equipment until such time as a permit and certificate as herein provided have been applied for and issued for such plant. 

D.  Use of sealed equipment. It shall be unlawful for any person to break a seal of any refuse burning equipment, any boiler or any equipment or device producing heat and power, that has been duly sealed by an authorized official, unless authorized by the authorized official in writing.   

52-5.  Operation of certain types of power and heating plants. 

A.  Duty. The owner or operator of every power and heating plant, except those in which the only fuel is gas, and except buildings used for private residences containing less than 10 dwellings, units or flats, shall provide means whereby the Code Enforcement Officer or a duly authorized inspector may be enabled to know, without leaving the boiler or furnace room, whether or not prohibitive smoke is issuing from the stack, so that possible necessary correction may be made at the time. Such means of observation shall be as follows: 

(1)   A window or opening through which an unobstructed view of the top of the stack may be had from the boiler or furnace room. 

(2)   A mirror so placed as to reflect the top of the stack and visible from the boiler or furnace room. 

(3)   A smoke indicator, approved by the Code Enforcement Officer.   

B.  Effect of violation. Any person who violates the provisions of this section shall be subject to the fines and penalties provided for each offense. 

C.  Duty of Code Enforcement Officer. The Code Enforcement Officer shall have charge of the enforcement of all ordinances pertaining to smoke prevention and air pollution, and institute proceedings for the violation thereof; and shall have charge of the preparation and execution of educational plans for securing the cooperation of the public in the reduction of the emission of smoke and air pollution.