additional times as may be called by the chairman. The chairman shall call a meeting upon the written request of at least three members of the Advisory Board. The Advisory Board shall keep minutes of its proceedings which shall clearly show the official actions of the Advisory Board and the vote of any member of the Advisory Board on any question. Such minutes shall be made available to the Director, County Executive, Chairman of the County Board, the Chairman of the County Highway Committee and to the members of the Advisory Board. A copy of such minutes shall be on file in the department office available for public inspection.

(5)(a) An Appeal Board consisting of five members who shall be appointed by the County Executive subject to confirmation by the County Board, for a term of five years, except that of the initially appointed board, one member shall serve for one year, one member for two years, one member for three years, one member for four years and one member for five years, the terms of each member to commence on January 1. (b) Such members shall be persons of good reputation who have been actively identified with the development and improvement of Milwaukee County or its constituent municipalities and who shall not be interested in the sale of any fuel, process or control equipment or control device. One of such members shall be a practicing attorney and one a professional engineer. A lawyer member of such board shall serve as chairman thereof. The Appeal Board shall annually elect a secretary. Appeal Board members shall serve without compensation.

(c) Such Appeal Board may adopt, amend or repeal from time to time such of its procedural rules and regulations as it may deem necessary to carry into effect its duties as prescribed by this ordinance. When adopted, such rules shall be published once in the official county newspaper. (d) Meetings of the Appeal Board shall be held at the call of the chairman whenever necessary to process grants of periods of grace as provided in Section 89.15 of this ordinance and when necessary to process appeals as provided in Section 89.17.

(e) The chairman, or the acting chairman in his absence, may compel the attendance of witnesses and may administer oaths.

(f) The Appeal Board shall keep minutes of its proceedings, including records of its hearings or of appeals and other official actions.

(g) Every rule and regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Appeal Board shall be filed immediately in the department's office and with the Chairman of the County Board and shall be open for public inspection.

(h) The presence of three members of such Appeal Board at any meeting thereof shall constitute a quorum, and an affirmative vote of a majority of a quorum or of the members present at any meeting in excess of a quorum shall be necessary to any determination by the Appeal Board. The Appeal Board shall keep minutes of its proceedings which shall clearly show the official actions of the Appeal Board and the vote of any member of the Appeal Board on any question.

(i) The County Clerk shall be ex-officio secretary of the Appeal Board in all appeals brought before it.

89.02 Definitions. For the purpose of this ordinance, whenever any of the following words or terms are used herein, they shall have the meaning ascribed to them in this section.

(1) ADVISORY BOARD-The board appointed by the County Executive to act as advisors to the Director of the Department of Air Pollution Control of the County of Milwaukee and to the County Board. (2) AIR POLLUTANTS-Smoke, solids, liquids, gases, fumes, acids, burning embers, sparks, particulate wastes or dusts, including their radioactive fractions or counterparts.

(3) APPROVED-Approved by the Director.

or

(4) APPURTENANCE-Any structure, device, mechanism accessory part having any effect upon, or relationship to the operation or performance of any process or control equipment.

(5) BTU-British thermal unit.

(6) BOARD Of Appeals-The Board of Appeals as created by Section 89.01 (5).

(7) BUILDING FIRES-A "new fire being built" shall be held to mean the period during which a fresh fire is being started and does not mean the process of replenishing an existing fuel bed with additional fuel.

(8) CERTIFICATION NUMBER-A number assigned to a particular solid fuel certified by the Director to distinguish it from any other certified solid fuel.

(9) CERTIFICATE OF OPERATION-A certificate issued by the Director authorizing the use of any process or control equipment for the period indicated after it has been found that it can be operated in compliance with the ordinance.

(10) CERTIFIED SOLID FUEL-Solid fuel the volatile content of which is 23% or less on a moisture and ash free basis and which has been certified for use as a certified solid fuel by the Director. Provided, however, that a solid fuel which contains volatile matter in excess of 23% on a moisture and ash free basis, shall be accepted as a certified solid fuel upon certification by the Director that such solid fuel meets the same standards in regard to smoke production as that of a solid fuel containing 23% or less of volatile matter on a moisture and ash free basis. To qualify such solid fuel for certification, the solid fuel supplier shall:

(a) Furnish to the Director complete specifications, data and information as the Director may require conceming the solid fuel for which certification is requested.

(b) Furnish to the Director a supply of the fuel for which certification is requested, adequate to conduct whatever tests the Director deems necessary to establish whether it meets the required standards as to smoke production.

(c) Pay to the Director in advance all expenses necessary to make the required tests.

(11) CLEANING FIRES-The term "when the fire box is being cleaned out" shall mean the period during which the fuel bed, including ash and clinker, is being completely removed from the grate surface.

This operation may be done by cleaning portions of the grate at different times. This does not mean that the act of shaking the grates to remove ash or individual clinkers from the fuel bed constitutes an act of cleaning the fires as interpreted in this ordinance.

or

(12) COMBUSTION EQUIPMENT-Any equipment, apparatus device having a chamber or space wherein the combustible portions of any fuel or substance is burned, consumed, oxidized or converted into a gaseous state accompanied by the liberation of heat or power under control, and for which a flue, vent, chimney, stack or exhaust pipe is required to conduct the products of combustion from the equipment to the open air or atmosphere.

(13) CONTROL EQUIPMENT-Any equipment whose function is to control a process or process equipment and thus reduce the creation of, or the emission of air pollutants to the atmosphere, or both. (14) COUNTY-The County of Milwaukee, Wisconsin.

(15) COUNTY BOARD-The County Board of Supervisors of Milwaukee County.

(16) COUNTY EXECUTIVE-The County Executive of the County of Milwaukee.

(17) DIRECTOR-The Director of the Department of Air Pollution Control of the County of Milwaukee.

(18) DUST-Gas-borne or air-borne particles larger than one micron in mean diameter. (Same for fly ash.)

(19) DUST-SEPARATING EQUIPMENT-Any device for separating dust from the gas medium in which it is carried.

(20) EMISSION-Emission into the open air.

incinerator,

(21) FUEL BURNING EQUIPMENT-Any furnace, refuse-burning equipment, dust-separating equipment, boiler, apparatus, device, mechanism, stack, chimney, or structure used in the process of burning fuel or other combustible material.

(22) FUMES-Gases, vapors or particulates that are of such charan unclean, destructive, offensive or unhealthful

acter as to create condition.

(23) HEAT ABSORBING EQUIPMENT-Mechanical apparatus or component parts thereof, such as the radiant or convection surfaces of a boiler, waterwall, water heater, superheater, reheater, dryer or air heater installed in conjunction with fuel-burning equipment for the purpose of receiving, storing, transmitting, utilizing or converting the heat energy liberated from the burning of fuels.

(24) INSPECTOR-Any person who is duly authorized by the Department of Air Pollution Control, County of Milwaukee, to perform duties of inspection.

(25) INSTALLATION PERMIT-A permit issued by the Director authorizing the construction, installation, alteration, or repair of any process or control equipment in accordance with plans and specifications approved by the Director.

(26) INTERNAL COMBUSTION ENGINE-Any engine in which the combustion of gaseous, liquid or pulverized solid fuel takes place within one or more cylinders.

(27) MECHANICAL FIRING-A means of firing through the use of

mechanical equipment such as a burner, stoker, or other approved firing device.

(28) OPACITY-State of a substance which renders it partially or wholly impervious to the rays of light.

(29) OPEN FIRE-Any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack or chimney.

(30) OPERATING PERMIT-A permit issued by the Director authorizing the use of any process or control equipment for test purposes to determine whether or not it can be operated in compliance with this ordinance. (See Certificate of Operation.)

(31) ORDINANCE-The whole or part of Chapter 89 of the General Ordinances of the County of Milwaukee.

(32) PERSON-Any owner, tenant, lessee, individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, department, bureau, agency, or other entity recognized by law as the subject of rights and duties.

(33) PROCESS EQUIPMENT-Any equipment which causes, creates, modifies, handles, conveys, controls, discharges or comes in contact with air pollutants which are subsequently discharged to the atmosphere. Processes and process equipment including, but not limited to, are: fuel burning, combustion, heat absorbing, smelting, roasting, grinding, drying, conveying, baking, batching, melting, sintering, cleaning, pickling, galvanizing, pulverizing, painting, calcining, briquetting and sizing equipment.

(34) RAILROAD LOCOMOTIVE-Any railroad locomotive or railroad vehicle using a liquid, solid, or pulverized solid fuel.

(35) RINGELMANN CHART-The standard by which the shade or density of smoke is to be measured is the Ringelmann Chart published by the United States Bureau of Mines. This chart is incorporated in this ordinance as Exhibit 1.

(36) SMOKE-All gaseous products of combustion, together with carbon, dust, fly ash, and all other particulate solids in combustion gases in sufficient density to be observable.

(37) SEAL OR SEALING PROCESS EQUIPMENT OR PREMISES - A device installed by the Director so as to prevent use of the process equipment or premises causing the violation or from which violations originate.

(38) STACK OR CHIMNEY-Stack, chimney, flue, conduit, or opening arranged for the emission into the open air of air pollutants.

(39) VOLATILE-The gaseous constituents of solid fuels as determined by the Standard American Society of Testing Materials D 271 Procedure (1944).

(40) WASTE-The waste products of industrial processes, such as mineral wool, lint, peanut hulls, grain chaff, etc.

(89.02 (37) Amended Sept. 12, 1963 J. Proc., p. 1254-1255, 1257; published and effective September 26, 1963)

89.03 Duties of the Department of Air Pollution Control. (1) The duties of the Director, who shall be responsible for the administration