19680716 1968-09ORDINANCE NO. 1968-9
AN ORDINANCE PROVIDING FOR THE CONSERVATION OF THE AIR RESOURCES OF THE
CITY OF FAIRFAX: THE PREVENTION, ABATEMENT AND CONTROL OF AIR POLLUTION
AND FOR RELATED MATTERS.
THE CITY OF FAIRFAX HEREBY ORDAINS THAT:
ARTICLE
SECTION 1
SHORT TITLE: This ordinance shall be known and may be cited as the
City of Falrfax Air Pollution Control Ordinance.
SECTION 2
AUTHORITY AND DECLARATION OF POLICY: Pursuant to Section 10~17.30 of
the Code of Virginia 1950, as amended, there is hereby established in
the City of Fairfax, Virginia, an air pollution control program for the
purpose of preserving, protecting and improving the air resources of
the City of Fairfax so as to promote health, safety, and welfare,
prevent injury to human health, plant and animal life and property,
foster the comfort and convenience of its inhabitants and, to the
greatest degree practicable, facilitate the enjoyment of the natural
attractions of the City of Fairfax. To the maximum extent possible,
such air pollution control program shall be conducted in cooperation
with similar programs of other local jurisdictions and of the State and
Federal Governments. In the administration and enforcement of this
ordinance due regard shall be taken for all of the facts and circum-
stances bearing upon the reasonableness of the activity involved and
the regulations proposed to control it, including:
(1) The character and degree of injury to, or interference with
safety, health or the reasonable use of property which is
caused or threatened to be caused;
(2) The social and economic value of the activity involved;
(3) The suitability or unsuitability of such activity to the
area in which it is located; and
(4) The practicability, both scientific and economic of
reducing or eliminating the discharge resulting from such
activity.
SECTION 3
DEFINITIONS: The following definitions shall apply to these words when
used in this ordinance.
AIR POLLUTION: The presence in the outdoor atmosphere of one or more
substances put there by man or man-made devices in concentration suf-
ficient to cause an unreasonable interference with human, plant or
animal life or the reasonable use of property.
CONTROL EQUIPMENT: Any equipment which has the function of controlling
the emissions from a process, fuel-burning or refuse-burning equipment
and thus reduces the creation of, or the emission of air contaminants
into the atmosphere or both.
DEPARTMENT: The Office of the City Manager.
DUST: Minute solid particles released into the air by natural forces
or by mechanical processes such as but not limited to crushing,
grinding, milling, drilling, demolishing, excavating, conveying.
FUEL-BURNING EOUIPMENT: Any equipment, device or contrivance and all
appurtenances thereto, including ducts, breechings, fuel feeding equip-
ment, ash removal equipment, combustion controls, stacks and chimneys,
used primarily but not exclusively to burn any fuel for the purpose
of indirect heating in which the material being heated is not con-
tacted by and adds no substance to the products of combustion.
FUMES: 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 airborne particles.
GAS: A formless fluid which occupies spaces or enclosures, and which
can be changed to a liquid or solid state by the combined effect of
increased pressure and decreased temperature.
INCINERATOR: A furnace designed for the 'destruction of refuse by
burning. "Incineration" shall mean the destruction of refuse by
burning in a furnace designed for that purpose and with burnable refuse
reduction essentially to ash, carbon dioxide and water vapor.
MIST: Disperse systems formed by the condensation of liquid vapor on
nuclei, or by the atomization of liquids.
NUISANCE: Environmental conditions, intermittent or continuous, pro-
duced or correctible by human agency, prejudicial to reasonable
enjoyment of health, comfort or safety by any individual or causing
injury or damage to persons, property or the conduct of business.
OFFICER: The City Manager or his duly authorized agent.
OPACITY: The state of a substance which renders it partially or wholly
impervious to rays of light. Opacity as used in this ordinance refers
to the obscuration of an observer's view.
OPEN FIRE: A fire in which any material is burned in the open or in a
receptacle other than a City-approved furnace, incinerator, or other
equipment connected to a City-approved stack.
OWNER: The State, a county, sanitary district, municipality, political
subdivision, a public or private institution, corporation, association,
firm or company~organized or existing under the laws of this or any
other state or country, lessee or person otherwise in possession of
property, person or individual, or group of persons or individuals,
acting individually or as a group.
PARTICULATE MATTER: Any material except uncombined water that exists
in a finely divided form as a liquid or solid at standard conditions
of temperature (68° Fahrenheit) and pressure (14.7 pounds per square
inch absolute).
PROCESS WEIGHT: The total amount of all material introduced into an
industrial operation, including fuels, and air introduced for purposes
of combustion.
PROCESS WEIGHT PER HOUR:
(a)
For continuous or long-term operation: the total process
weight for the entire period of operation or for a typical
portion thereof, divided by the number of hours of such
period or portion thereof.
(b) For batch operation: the total process weight for a period
which covers a complete operation or an integral number of
cycles, divided by the hours of actual process operation
during such period.
RADIOACTIVE MATERIAL: Any material, solid, liquid or gas, that emits
ionizing radiation.
RINGELMANN SMOKE CHART: A chart for grading the appearance, density
or shade of smoke, as published, with instructions for use, by the
U.S. Bureau of Mines in Information Circular 8333, dated May 1967.
4
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, reprocesslng of used motor oils, metals, chemicals,
shipping containers, or drums, and specifically including automobile
graveyards and junkyards as defined in Sec. 33-279.3 of the Code of
Virginia of 1950, as amended.
SMOKE: Small gas-borne particles, resulting from incomplete combustion,
consisting predominantly but not exclusively of carbon, ash and other
material in concentrations sufficient to form a visible plume.
SECTION 4
AIR POLLUTION CONTROL OFFICER: There is hereby created the position
of Air Pollution Control Officer.
SECTION 5
POWERS: In addition to any other powers vested in it by law, the
Department shall:
A. Conduct studies, investigations and research relating to air
pollution and its prevention, abatement and control;
B. Issue such orders as may be necessary to effectuate the
purposes of this ordinance and enforce the same by all appropriate
administrative and judicial proceedings;
C. Hold hearings relating to any aspect of or matter in the
administration of this ordinance;
D. Secure necessary scientific, technical, administrative and
operational services, including laboratory facilities, by contract or
otherwise';
E, Prepare and develop a comprehensive plan or plans for the
prevention, abatement and control of air pollution;
F. Advise, consult and cooperate with other local governmental
units, agencies of the state, industries, interstate or interlocal
agencies, and the Federal Government, and with interested persons or
groups;
G. Review those matters having a bearing upon air pollution
referred by other agencies (such as Planning, Zoning, Building, and
Fire Departments) and make reports, including recommendations, to the
referring agencies with respect thereto;
H. Collect and disseminate information and conduct educational
and training programs relating to air pollution;
I. Encourage voluntary cooperation by persons or affected groups
to achieve the purposes of this ordinance;
J. Administer grants or other funds or gifts from public and
private agencies, including the State and Federal Governments, for the
purpose of carrying out any of the functions of this ordinance; and
K. Do any and all acts which may be necessary for the successful
prosecution of the policy of this ordinance and such other acts as
may be specifically enumerated herein.
SECTION 6
REPORTING OF INFORMATION: Owners engaged in operations which may result
in air pollution shall, if so required, file with the Department reports
containing information as to: (1) location and description of source;
(2) rate, duration and composition of pollutant emission; and (3) such
other information related to air pollution as the Department may
require.
SECTION 7
PERMITS
6
A. Permits as required by the City of Fairfax Building Code shall be
obtained for the construction, reconstruction, installation or alter-
ation, normal repairs and maintenance excluded, of any fuel-burning
equipment.
B. Permits shall be obtained for the installation of any other equip-
ment capable of emitting air pollution.
1. Application for such permits shall be accompanied by plans,
specifications, and such other information as the City Manager
may deem necessary.
2. The City Manager, by rules and regulations, shall provide for
the issuance, suspension, revocation and renewal of any permits
which are required pursuant to this section.
3. No permit shall be issued for any installation not in compli-
ance with the provisions of this ordinance.
4. No installation shall be placed in operation unless it is
constructed in accordance with approved plans, specifications and
permit.
SECTION 8
INSPECTIONS:
Any duly authorized officer, employee or representative
of the Department may enter and inspect any property, premise or place
at any reasonable time for the purpose of ascertaining the state of
compliance with this ordinance and regulations in force pursuant thereto.
If requested, the Department shall furnish to the owner of the premises
a report setting forth all facts found which relate to compliance status.
SECT I ON 9
EMISSIONS PROHIBITED:
A. VISIBLE EMISSIONS:
7
Be
1. An owner shall not discharge into the outdoor atmosphere from
any single source of emission whatsoever any air pollutant
which is
(a) as dark or darker in shade than smoke designated as No. 2
on the Ringelmann Smoke Chart, or
(b) of such opacity as to obscure an observer's view to a
degree as great or greater than does smoke designated as
No. 2 on the Ringelmann Smoke Chart; provided, however,
that if an owner can show to the satisfaction of the
Officer that an emission of air pollutants contains less
than O.lO pounds of particulate matter per 1,000 pounds
dry exhaust gas, adjusted to 12 percent carbon dioxide
(or 50 percent excess air) for fuel-burning equipment or
incinerators, this limitation shall not apply.
2. The limitations of Section 9-A-1 do not apply to visible
emissions resulting from starting a new fire in a cold furnace,
cleaning a fire, blowing soot and similar operational require-
ments if for a reasonable length of time.
EMISSION OF PARTICULATE MATTER:
1. No owner shall cause, suffer, or allow to be emitted into the
outdoor atmosphere from any fuel-burning equipment or premises,
or to pass a convenient measuring point near the stack outlet,
particulate matter in the flue gases to exceed 0.60 pounds per
one million BTU heat input for installations using less than
ten million BTU per hour total input. For installations using
greater than ten million BTU per hour total input, Figure 1
will be used to determine the allowable particulate emission
limitation.
8
2. The burning of refuse in fuel-burning equipment is prohibited
except in equipment from which no visible emissions in excess
of that permitted by Section 9-A-1 (a) and no particulate matter
in excess of that permitted by Section 9-A-1 (b) is emitted,
and no objectionable odors arising from the installation are
detectable beyond the premises on which the installation is
located.
3. No owner shall cause, suffer, or allow to be emitted into the
outdoor atmosphere from any incinerator or premises, or to pass
a convenient measuring point near the stack outlet particulate
matter to exceed 0.65 pounds per 1,000 pounds of the flue gas,
adjusted to 12 percent carbon dioxide (or 50 percent excess
air) and calculated as if no auxiliary fuel had been used, for
incinerators designed for burning up to 200 pounds of refuse
per hour, or to exceed 0.30 pounds per 1,~00 pounds of flue gas,
adjusted to 12 percent carbon dioxide (or 50 percent excess air)
and calculated as if no auxiliary fuel had been used, for
incinerators designed for burning 200 or more pounds of refuse
per hour. In no case shall the total discharge of particulate
matter in any one hour exceed 250 pounds.
4. The maximum allowable emission of particulate matter from any
source whatever except fuel-burning equipment and incinerators
shall be determined from Table 1. Where the process weight
(moisture-free bas~s) per hour falls between two values in the
table, the maximum weight discharged per hour shall be deter-
mined by linear interpolation. When the process weight is in
excess of 60,000 pounds per hour, there shall not be discharged
9
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in any one hour from any source whatsoever particulate matter
in excess of .066% of the process weight per hour.
5. Stack emission tests for particulate matter shall be undertaken
by generally recognized standards or methods of measurement.
Methods found in the A.S.M.E. Test Code for Dust Separating
Apparatus, PTC 21-1941, the A.S.M.E. Test Code for Determining
Dust Concentrations in Gas Streams, PTC 27-1957, and the Los
Angeles County Source Testing Manual shall be used, but these
may be modified or adjusted by the Officer to suit specific
sampling conditions or needs based upon good practice, judgment
and experience.
6. No owner shall cause or permit a building or its appurtenances
or a road to be constructed, altered, repaired or demolished
or any material to be handled, transported or stored without
taking reasonable precautions to prevent particulate matter
from becoming airborne.
EMISSIONS OF GASES, VAPORS AND ODORS:
1. No owner shall cause, suffer or allow any emissions of gases,
vapors, or odors beyond the property~line from which such
emissions occur, to be in sufficient quantities and of such
characteristics and duration as is or is likely to be injurious
to the public welfare, to the health of human, plant or animal
life, or to property, or which interfere with the reasonable
use of property.
2. No owner shall use fuel oils with sulphur content which exceeds
two (2) percent by weight. Effective August 1, 1968, no owner
shall use fuel oils the sulphur content of which exceeds one
10
SECTION 10
A.
and one-half (1 1/2) percent by weight; provided, however,
effective July 1, 1969, no owner shall use fuel oils with
sulphur content which exceeds one (1) percent by weight.
In the absence of appropriate control measures no owner shall
use products which, either by themselves or due to additives
or impurities, result in air pollution.
OPEN BURNING: Except as noted below, no owner shall kindle an open
fire in any public or private place outside any building. During
the existence of an air pollution alert, as may be declared by
appropriate authority, all exceptions are void and no open fires
shall be kindled.
B. EXCEPTIONS:
Open burning may be done under permit as follows:
1. Applications for burning permits shall be on forms provided
by the Department.
2. No permit shall be issued unless the issuing officer is
satisfied that:
(a) there is no practical available alternate method for the
disposal of the material to be burned;
(b) no hazardous condition will be created by such burning;
(c) no salvage operation by open burning will be conducted;
(d) the burning will not be in violation of State Air Pollution
Control Board Rules or that the applicant shows evidence
of having been granted a variance by the State Board.
C. Any permit issued may be limited by the imposition of conditions to:
11
1. Prevent the creation of smoke as prohibited by this ordinance;
or
2. Protect property and the health, safety and comfort of persons
from the effects of the burning.
If it becomes apparent at any time to the Department that limita-
tions need to be imposed for any of the reasons stated in Section
10-C, the Officer or his duly designated agent shall notify the
permittee and any limitations so imposed shall be treated as con-
ditions under which the permit is issued.
Open burning may be done without permit as follows:
1. Open fires may be set in performance of an official duty of
any public officer if the fire is necessary for one or more
of the following reasons or purposes:
(a) for the prevention of a fire hazard which cannot be abated
by other means;
(b) for the instruction of public fire fighters or industrial
employees under supervision of the Fire Marshal; or
(c) for the protection of public health.
2. Fires may be used for the cooking of food, provided no smoke
violation or other nuisance is created.
3. Salamanders or other devices may be used for heating by
construction or other workers, provided no smoke violation or
other nuisance is created.
4. Open fires may be set for recreational purposes, such as camp
fires, provided no smoke violation or nuisance is created.
12
SECTION !1
OPERATION OF EQUIPHENT:
A. GENERAL: Any equipment that may produce air pollutants shall not
be operated or maintained in such a manner that a nuisance is
created. Nothing in any section of this ordlnance relating to
regulation of emissions of air pollutants shall in any manner be
construed as authorizing or permitting the creation or maintenance
of a nuisance.
B. HOTOR VEHICLES: The engine, power and exhaust mechanism of every
motor vehicle shall be so equipped, adjusted and operated as to
prevent the escape therefrom of excessive fumes or smoke.
C. HALFUNCTION OF EO. U IPHENT: Emissions exceeding any of the limits
established in this section as a direct result of unusual condi-
tions in or malfunction of any incinerator or any process~ fuel-
burning, or control equipment or related operating equipment
beyond the control of the owner of such equipment shall not be
deemed to be in violation of this section~ provided that the owner
or operator advises the Department within 24 hours of the circum-
stances and out]ines a corrective and preventive program accept-
able to the Department.
D. CIRCUHVENTION CLAUSE: No owner shall build, erect, install or use
any article~ equipment or other contrivance the sole purpose of
which is to conceal an unlawful emission without resulting in a
reduction in the total release of air pollutants into the atmosphere.
13
SECTION 12
ENFORCEMENT:
A. Whenever the Department has reason to believe that a violation
of any provision of this ordinance or a rule or regulation issued
pursuant thereto has occurred, it may cause written notice to be
served upon the alleged violator or violators. The notice shall
specify the provision of the ordinance, rule or regulation alleged
to constitute a violation thereof, and may order that the necessary
corrective action be taken within a reasonable time. Any such
order shall become final unless, no later than five (5) days after
the date such order is served, the owner named therein requests
in writing a hearing before the Department. In lieu of such
order the Department may require that the alleged violator or
violators appear before the Department for a hearing at a time and
place specified in the notice, to answer the charges complained
of, or the Department may initiate appropriate action for the
recovery of a penalty pursuant to Section 17 of this ordinance.
B. After such hearing the Department shall affirm, modify or rescind
its order or issue an appropriate order or orders for the preven-
tion, abatement or control of the air pollution involved. Such
order shall prescribe the date or dates by which the violation or
violations shall cease and may prescribe timetables for necessary
action in preventing, abating, or controlling the air pollution.
C. Nothing in this ordinance shall prevent the Department from making
efforts to obtain voluntary compliance through warning, conference
or any other appropriate means.
14
SECTION 13
EMERGENCY PROCEDURE: Notwithstanding the provision of this ordinance
or any other provision of law if the Department finds that any owner
is causing or contributing to air pollution and that such pollution
creates an emergency which requires immediate action to protect the
public health or safety, it shall order such owner to reduce or dis-
continue immediately the air pollution, and such order shall be com-
plied with immediately. Upon issuance of any such order, the Officer,
if requested by the owner so ordered, shall fix a time and place for
a hearing before the Department, such hearing to be held within a
reasonable time thereafter. Not more than 24 hours after the con-
clusion of such a hearing, and without adjournment thereof, the order
shall be affirmed, modified or set aside.
SECTION 14
EXEMPTIONS:
A. Any owner responsible for any source of air pollution may apply to
the Department for an exemption or partial exemption from the pro-
visions of Section 9. The application shall be accompanied by
such information and data as the Department may require. The
Department may grant such exemption or partial exemption if:
1. There is no violation of the State Air Pollution Control Rules:
2. The discharges occurring or proposed to occur do not constitute
a danger to public health or safety; and
3. Compliance with the provisions of Section 9 from which exemp-
tion is sought would produce serious hardship without equal
or greater benefits to the public.
B. No exemption or partial exemption shall be granted pursuant to
15
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De
Ee
this section except after public hearing before the Department on
due notice or until the Department has considered the relative
interests of the applicant, other owners of property likely to be
affected by the discharges, and the general public.
No exemption or partial exemption issued pursuant to this section
shall be granted for a period to exceed one year, but any such
exemption or partial exemption may be renewed for like periods if
no complaint is made to the Department on account thereof, or if
after such complaint has been made and duly considered at a public
hearing held by the Department on due notice, the Department finds
that renewal is justified. No renewal shall be granted except on
application thereof. Any such application shall be made at least
sixty (60) days prior to the expiration of the exemption or partial
exemption. Immediately prior to making his application for renewal
the applicant shall give public notice of such application in
accordance with the rules and regulations of the Department. Any
renewal granted pursuant to this section shall be on the same
grounds and subject to the same limitations and requirements as
provided in Section 14-A.
An exemption, partial exemption or renewal thereof shall not be a
right of the applicant or holder thereof but shall be in the dis-
cretion of the Department. However, any owner adversely affected
by an exemption, partial exemption or renewal granted by the
Department may obtain judicial review thereof by petition to the
Circuit Court of Fairfax County.
Nothing in this section and no exemption, partial exemption or
renewal granted pursuant hereto shall be construed to prevent or
16
limit the application of the emergency provision and procedures
of Section 13 of this ordinance to any owner or his property.
SECTION 15
HEARINGS AND JUDICIAL REVIEW: Any owner aggrieved by any final order
of the Department may have review thereof by petition to the Circuit
Court of Falrfax County.
SECTION 16
CONFIDENTIALITY OF RECORDS: Any records or other information which
relate to processes or production unique to the owner or operator or
which would tend to affect adversely the competitive position of suc~
owner or operator shall be only for the confidential use of the Depart-
ment and other departments, agencies and officers of the City of
Falrfax unless such owner or operator shall expressly agree to their
publication or availability to the general public. Nothing herein
shall be construed to prevent the use of such records or information
by any department, agency or officer of the City of Fairfax in com-
piling or publishing analyses or summaries relating to the general
condition of the outdoor atmosphere; provided that such analyses or
summaries do not reveal any information otherwise confidential under
this section.
SECTION 17
PENALTIES:
A. Any owner who violates any provision of this ordinance, or any
rule or regulation in force pursuant thereto shall be subject to
a fine of not less than fifty dollars (50.00) nor more than five
hundred dollars ($500.00) for each violation. Each day of violation
17
shall constitute a separate offense. (Section 10-17.29 Code of
Virginia)
B. Action pursuant to Section 17-A shall not be a bar to enforcement
of this ordinance, rules and regulations in force pursuant thereto,
and orders made pursuant to this ordinance, by injunction or other
appropriate remedy, and the Department shall have the power to
institute and maintain in the name of the City of Fairfax any and
all such enforcement proceedings.
C. Nothing in this ordinance shall be construed to abridge, limit or
otherwise impair the right of any person to damages or other relief
on account of injurles to persons or property and to maintain any
action or other appropriate proceeding therefor.
SECTION 18
SEPARABILITY CLAUSE: Should any section, subsection, sentence, clause
or phrase of this ordinance be declared invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the ordi-
nance in its entirety or of any part thereof other than that so
declared to be invalid.
SECTION 19
EFFECTIVE DATE: This ordinance shall become effective August 1, 1968,
provided that owners of existing equipment or fuels not in conformance
with the requirements set forth in Sections 9-A et seq., 9-B et seq.,
9-C, 9-C-1, and 11 shall, within six (6) months, comply or apply for
an exemption under the provision of Section 14.
18
Introduced:
Adopted:
June 18, 1968
July 16, 1968
Attest:
19
FIGURE 1
MAXIMUM EMISSION OF PARTICULATE MATTER
FROM FUEL BURNING INSTALLATIONS
I
1.O
0.9
0.8
0.7
0.6
0.5
0.4
0.3
0.25
0.20
0.15
O.lO
I i I ' '''~l , I r ,-ii I'lI I | I I
i , i : ,,l,I I , , , ,,,ii I I I , IIII
10 100 1,000
TOTAL INPUT -MILLIONS OF BTU PER HOUR
2O
TABLE 1
Process
Wt/hr (lbs)
50
100
150
200
250
300
35O
4O0
45O
5OO
55O
6OO
65O
7OO
75O
8OO
85O
9OO
95O
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
2100
2200
2300
240O
25OO
2600
2700
28OO
2900
3OOO
3100
3200
3300
Maximum Weight
Disch/hr (lbs)
0.24
0.46
0.66
0.85
1 .O3
1.20
1.35
1.50
1.63
1.77
1.85
2.01
2.12
2.24
2.34
2.43
2.53
2.62
2.72
2.80
2.97
3.12
3.26
3.40
3.54
3.66
3.79
3.91
4.03
4.14
4.24
4.34
4.44
4.55
4.64
4.74
4.84
4.92
5.O2
5.10
5.18
5.27
5.36
Process
Wt/hr (lbs)
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
45OO
4600
4700
48OO
4900
5OOO
55OO
6OOO
65OO
7OOO
75OO
8ooo
85OO
9OOO
95OO
10000
11000
12OOO
13OOO
14OO0
15OOO
16OOO
17OOO
18OOO
19OOO
20000
3OOOO
40000
5OOOO
6OOOO
Maximum Weight
Disch/hr (lbs)
5.44
5.52
5.61
5.69
5.77
5.85
5.93
6.01
6.08
6.15
6.22
6.30
6.37
6.45
6.52
6.60
6.67
7.03
7.37
7.71
8.O5
8.39
8.71
9.03
9.36
9.67
10.00
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
28.30
34.30
4O.OO
21