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ORDINANCE NO. 1974-8 ~
AN ORDINANCE AMENDING AND RE-ENACTING
THE EXISTING CITY OF FAIRFAX AIR POLLUTION CONTROL ORDINANCE
AND 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 existing City Ordinance No. 1968-9
known as the City of Fairfax Air Pollution Control Ordinance is amended and
re-enacted to read in its entirety as follows:
ARTICLE
SECT I ON 1
SHORT TITLE: This ordinance shall be known and may be cited as the City
of Fairfax 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
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be taken for all of the facts and circumstances bearing upon the reason-
ableness 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 discharge or emissions resulting from such
activity.
SECTION 3
AIR POLLUTION CONTROL OFFICER:
Air Pollution Control Officer.
SECTION 4
POWERS:
There is hereby created the position of
In addition to any other powers vested in him by law, the City
Manager or his designee (sometimes hereinafter referred to as "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;
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1974-8
C. Hold hearings relating to any aspect of or matter in the admin-
istration 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 preven-
tion, 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 Depart-
ments) 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 of 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
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prosecution of the~e policy of this ordinance and su~other acts as may be
specifically enumerated herein.
SECTION 5
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 6
INSPECTIONS: Any duly authorized officer, employee or representative of
the Department may enter and inspect any property, premises or place at
any reasonable time for the purpose of ascertaining the state of compliance
with this ordinance and regulations in force pursuant thereto. Proper
identification shall be provided the owner by the person entering and
inspecting. The Department shall furnish to the owner of the premises a
report setting forth all facts found which relate to compliance status.
SECTION 7
EMISSIONS PROHIBITED, OPEN BURNING, OPERATION OF EQUIPMENT: The regula-
tions and standards controlling emissions, open burning and operation of
equipment are established by the adoption by reference of all of those
regulations which are known as "Regulations for the Control and Abate-
ment of Air Pollution, Virginia Air Quality Control Region VII" as the
same are amended from time to time. Those regulations are hereby adopted
by reference and are incorporated into this ordinance as a part hereof as
if set out at length herein. Provided, however, that whenever the words
"State Air Pollution Control Board or Executive Secretary (Director)" are
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used in Section IV of said State regulation, those words shall mean
"Department," or the "Office of the City Manager".
No open burning shall be allowed except under a variance requested
by the governing body and granted by the State Air Pollution Control
Board with the following exceptions:
(1) Open fires may be set in performance of an official duty of
any public health or safety officer if the fire is necessary
for one or more of the following reasons or purposes:
(a) for the prevention of fire hazards which cannot be abated
by other means;
(b) for the instruction of public fire fighters or industrial
employees under the 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 nuisance is created.
(3) Open fires may be set for recreational purposes, such as camp
fires, provided no smoke violation or nuisance is created.
(4) Salamanders or other devices may be used for heating by con-
struction or other workers, provided no smoke violation or
other nuisance is created.
(5) Whenever the expression "smoke violation'l appears in this
ordinance it shall mean any emission or discharge from any
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single source which is as dark or darker in shade as smoke
designated as No. 1 on the Ringelman Smoke Chart.
SECTION 8
ENFORCEMENT:
A. Whenever the Department has reason to believe that a violation
of any provision of this ordinance or a rule or regulation issued pursu-
ant thereto has occurred, it may cause written notice to be served upon
the alleged violator or violators. The notice shall specify the provi-
sion of the ordinance, rule or regulation alleged to have been violated,
and may order that 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 hearin9 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 imposition of a
penalty pursuant to Section 12 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 pre-
vention, 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
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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.
SECTION 9
EMERGENCY PROCEDURE: Notwithstanding the provision of this ordinance or
any other provision of law, if the Department finds that any owner is
causing, is about to cause, or is contributing to air pollution and that
such pollution creates a situation which requires immediate action to pro-
tect the public health or safety, it shall order such owner to refrain from
said act, reduce, or discontinue immediately the air pollution, and such
order shall be complied 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 conclusion
of such a hearing, and without adjournment thereof, the order shall be
affirmed, modified or set aside.
SECTION 10
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 Fairfax County.
SECTION 11
CONFIDENTIALITY OF RECORDS: For purposes of enforcement of this ordinance,
the Department or any of its agents or officers shall have access to those
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records of any owner or operator which the Department shall deem to be
necessary. 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 such owner or operator shall be used
only for the confidential use of the Department and other departments,
agencies and officers of the City of Fairfax 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 compiling 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 12
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 one thousand dollars
($1,000.00) for each violation. Each day of violation shall constitute
a separate offense. (Section 10-17.29 of Virginia)
B. Action pursuant to Section 12-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
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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 injuries to persons or property and to maintain any action or
other appropriate proceedings therefor.
SECTION 13
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 ordinance
in its entirety or of any part thereof other than that so declared to be
invalid.
SECTION 14
EFFECTIVE DATE: This ordinance shall become effective immediately upon
approval of the State Air Pollution Control Board.
Introduced: June 4, 1974
Adopted: September 3, 1974
Effective: December 16, 1974
ATTEST:
CITY COUNCIL OF THE CITY OF
FA I RFAX, VIRGINIA