borne by the City and the owner of such fuel burning equipment shall not be required to have such tests repeated for at least three years, unless a change of process or condition has occured. If the results of the tests indicate that such fuel burning equipment is operating in violation of the limitations of Section 6 (4) of this ordinance, the cost of such test shall be borne by the owner. B. Nothing contained herein shall be construed to prevent the Director from making such test or tests as he may deem necessary at any time or times for determining violations of Section 6 (4) or in the enforcement of this ordinance. (9) It shall be unlawful for any person to cause or permit the handling, transporting, or disposition of any substance or material which is likely to be scattered by the wind, or is susceptible to being wind-borne, without taking reasonable precautions or measures to minimize atmospheric pollution. It shall be unlawful for any person to operate or maintain, or cause to be operated or maintained, any premises, open area, right of way, storage pile of materials, or vehicle, or construction, alteration, demolition, or wrecking operation, or any other enterprise, which involves any material or substance likely to be scattered by the wind, or susceptible to being wind-borne, without taking reasonable precautions or measures to minimize atmospheric pollution. No person shall maintain or conduct, or cause to be maintained or conducted, any parking lot, or automobile and/or truck sales lot, or use any roadway unless such lot or roadway is maintained in such manner as to minimize atmospheric pollution. The Chief shall cooperate with private and public agencies in the problem of controlling wind-borne pollutants. (10) No person shall cause, suffer, or allow the emission into the atmosphere from any source of air-borne radioactive material in concentration above the radioactive background concentration in the atmosphere at the site, without first having applied, in writing, to the Director for a permit to cause such emission. The application shall give all pertinent information and shall state the necessity for such emission. The Director shall approve or reject the application within ten (10) days after it has been filed and after the fee, as provided in Section 11 has been paid to the City Controller. Approval by the Director shall be contingent upon the satisfaction of the applicant of the requirements of the State of Indiana Board of Health Regulations. Upon approval of said application a permit shall be issued by the Director. SECTION 7. Vehicles. (1) Railroad Locomotives and Cranes-Steam.— A. When a firebox is cleaned or a new fire built in locomotives or cranes, smoke of an appearance, density, or shade in excess of No. 2 of the Ringelmann Chart shall be allowed for a period or periods aggregating not more than four (4) minutes in any sixty (60) minute period. B. After a yard or switching locomotive is in service or ready for service, smoke of an appearance, density, or shade in excess of No. 2 of the Ringelmann Chart shall be allowed for a period or periods aggregating not more than one (1) minute in any fifteen (15) minute period. C. After a road or transfer locomotive or crane is in service or ready for service, smoke of an appearance, density, or shade in excess of No. 2 of the Ringelmann Chart shall be allowed for a period or periods aggregating not more than two (2) minutes in any fifteen (15) minute period. (2) Railroad Locomotives and Cranes-Diesel.— A. Immediately after starting the engine of a diesel locomotive or crane, smoke of an appearance, density, or shade in excess of No. 3 of the Ringelmann Chart shall be allowed for a period or periods aggregating not more than four (4) minutes in any fifteen (15) minute period. B. Immediately after starting the steam generator on a diesel locomotive, smoke of an appearance, density, or shade in excess of No. 3 of the Ringelmann Chart shall be allowed for a period or periods aggregating not more than two (2) minutes but not thereafter. C. After a diesel yard or switching locomotive is in service or ready for service, smoke of an appearance, density, or shade in excess of No. 3 of the Ringelmann Chart shall be allowed for a period or periods aggregating not more than one (1) minute in any fifteen (15) minute period. D. After a diesel road or transfer locomotive is in service or ready for service, smoke of an appearance, density, or shade in excess of No. 2 of the Ringelmann Chart shall be allowed for a period or periods aggregating not more than one (1) minute in any fifteen (15) minute period. (3) Steamships and Other Vessels.— A. When building, banking or cleaning fires, loading or unloading, or when maneuvering or ballasting, smoke of an appearance, density, or shade in excess of No. 3 of the Ringelmann Chart shall be allowed for a period or periods aggregating not more than two (2) minutes in any fifteen (15) minute period. B. When building original fires at the start of seasonal operations, or under emergency conditions when it is necessary to operate a boat with a fluctuating load upon the boilers to prevent danger to life or property, the foregoing restrictions on emissions shall not apply. C. When a steamship or other vessel is in service except as provided to cover particular conditions stated in this sub-paragraph, the provisions of Section 6 of this ordinance shall apply. D. The provisions of Section 8 of this ordinance shall not apply to the operation of steamships and other vessels. (4) Internal Combustion Engines.-No person shall operate, or cause to be operated, upon any street, highway, public place, stream or waterway, or private premises within the City of Gary, any internal combustion engines of any motor vehicle, boat, tug or other vehicle, while stationary or moving, which emits from any source any unreasonable and excessive smoke, obnoxious or noxious gases, fumes, or vapor; provided the foregoing shall not apply to the operation of aircraft at municipal airports. (5) Powerplants.- A. The provisions of Section 6 of this ordinance shall not apply to power plants producing electrical energy. B. Smoke, the appearance, density or shade of which is darker than that designated as No. 2 on the Ringelmann Chart shall not be permitted to be discharged into the outdoor atmosphere from any power plant producing electrical energy except for a period or periods aggregating not more than six (6) minutes in any sixty (60) minute period. (6) Steel industry.— A. The provisions of Section 6 of this ordinance shall not apply to facilities in Section 7 (6) except as hereinafter provided. B. All blast furnaces shall be equipped with gas cleaning devices and so operated as to reduce the particulate matter in the gases discharged to the atmosphere after burning to 0.35 lb. or less than 1,000 lb. of gases, and shall be burned as bled to the atmosphere. C. Excess blast furnace gas being bled to the atmosphere shall contain no more than 0.50 of particulate matter per 1,000 lb. of gases, and shall be burned as bled to the atmosphere. D. The provisions of sub-paragraphs A and B shall not apply during irreg ular movements of the furnace burden when it is necessary to open the automatic relief valves at the top of the furnace for safe operation. (7) By-product coke plants.— A. Emissions from all by-product coke ovens in the City of Gary, shall be controlled in accordance with the provisions of Section 6 of this ordinance, provided that: (a) When charging a battery of coke ovens, smoke shall be permitted from such battery of an appearance, density, or shade darker than No. 2 of the Ringelmann Chart for a period or periods aggregating not more than eighteen (18) minutes in any sixty (60) minute period. (b) When pushing coke from a battery of coke ovens, smoke shall be permitted from such battery of an appearance, density, or shade darker than No. 2 of the Ringelmann Chart for a period or periods aggregating not more than fifteen (15) minutes in any sixty (60) minute period. B. Coke oven doors, frames, and ovens shall be so maintained that smoke or fumes darker than No. 2 of the Ringelmann Chart will not escape to the atmosphere. (8) Open Hearth Furnaces and Electric Furnaces. A. Emissions from all open hearth furnaces and electric furnaces constructed subsequent to the effective date of this ordinance shall be controlled solely in accordance with the limitations of the sub-paragraphs (a) and (b) of this paragraph. (a) All such open hearth furnaces and electric furnaces shall be equipped with gas cleaning devices to reduce the particulate matter in the gas discharged to the atmosphere to 0.20 lb. or less per 1,000 lb. of gases. (b) The foregoing requirements shall not apply to electric furnaces when it is necessary to disconnect the gas cleaning device as in charging or pouring. (9) Basic Oxygen Steel Furnaces.— A. All basic oxygen steel furnace plants shall be equipped with gas cleaning devices to reduce the particulate matter in the gases discharged to the atmosphere to 0.20 or less per 1,000 lb. of gases. (10) Bessemer Converters and Sintering Plants. A. Emissions from all bessemer converters and sintering plants constructed subsequent to the effective date of this ordinance shall be controlled solely in accordance with the requirements of sub-paargraph B of this paragraph. B. All such bessemer converters and sintering plants shall be equipped with gas cleaning devices designed to reduce the emissions of particulate matter in the gases discharged to the atmosphere to levels consistent with scientific and economic feasibility. (11) Existing Equipment.-Existing open hearth furnaces, electrice furnaces, sintering plants, and bessemer converters in use, or capable of being placed in use, on the effective date of this ordinance shall be so operated that the emissions therefrom, shall be consistent with normal good operating practice. All persons responsible for the operation of such equipment shall undertake or participate in a program of research to determine practical methods of controlling the emission of air contaminants therefrom. Reports indicating the progress of the research program shall be submitted annually to the Committee. (12) Miscellaneous equipment— A. Cement plants: (a) The provisions of Section 6 of this ordinance shall not apply to cement plants. (b) Cement plants in use, or capable or being placed in use, at the effective date of this ordinance shall be equipped with dust collection equipment having a minimum efficiency of 90%. (c) Cement plants constructed after the effective date of this ordinance shall be equipped with dust collection equipment having a minimum efficiency of 95%. B. Dryers, Kilns and Roasters: The provisions of Section 9 of this ordi ́nance shall apply to dryers, kilns and roasters provided that when starting up a dryer, kiln, roaster, and other equipment used in connection therewith smoke, the appearance, density, or shade of which is darker than No. 2 of the Ringelmann Chart shall be permitted for a period or periods aggregating not more than twelve (12) minutes in any sixty (60) minute period. C. Incinerators: (a) Incinerators shall completely consume not less than 95% of all combustible material charged into them, except that domestic gas-fired incinerators shall meet the standards given in the American Standards Association publication Z-21. 6-1957, or latest revision thereof. (b) Smoke emitted into the atmosphere from any incinerator shall be of an appearance, density, or shade lighter than No. 2 of the Ringelmann Chart. SECTION 8. Low Volatile Solid Fuel Required. Except as otherwise provided in this ordinance, it shall be unlawful for any person to operate hand-fired fuel burning equipment with any solid fuel other than a low volatile solid fuel. High volatile fuel may be used if they meet all the requirements of this ordinance. SECTION 9. Permits (1) Inventory reports and certificates: A. Within one (1) year, twelve (12) months after the effective date of this ordinance, any person who, on such effective date, owns or operates, or is in possession, except a inventory, of combustion or process equipment or gas cleaning devices, (other than domestic heating plants, domestic refuse burning equipment, and vehicles) or any combination thereof, shall file with the Chief an inventory report for each item of such equipment or device disclosing make, model, capacity, location, name of owner or operator, list of accessory or auxiliary equipment and devices used in connection therewith. B. Installation Permits: (a) No person shall install, erect or construct or cause to be installed, erected or constructed, subsequent to the effective date of this ordinance any combustion or process equipment (except domestic heating plants, domestic refuse burning equipment and vehicles) until an application for an Installation Permit has been filed in duplicate by the owner, contractor, installer, or other person, or their authorized representative, and such person has received an Installation Permit from the Chief. Such application shall contain a brief statement of the mechanics of operation, the fuel or refuse to be burned, frequency and duration of emissions, composition of effluents, and range of collector efficiency. C. Fuel Use Permits: Permits to use or utilize a fuel, the use of which is otherwise prohibited by Section 6 of this ordinance, may be obtained upon application to the Chief for a "Fuel Use Permit". The Chief shall issue such Fuel Use Permit if the applicant shall have demonstrated to a reasonable degree of certainty that the emission from the operation contemplated will not create or unduly contribute to a nuisance condition with the City of Gary. (a) The application for such permit shall be on forms supplied by the Chief. (b) Any Fuel Use Permit issued by the Chief shall be permanently attached and affixed to the fuel burning equipment for which it is issued, in a maner so that it may be readily seen on inspection, and when so attached, shall constitute notice to all persons of the matter contained in such certification. (c) Each allowable fuel certificate issued by the Chief shall identify the fuel burning equipment, its major components and the owner or person responsible therefor, and such other details as the Chief may specify, and shall include the certification of the Chief that such equipment may be operated with fuel having specifications not less than a quality specified therein. D. Refuse Burning Permits; Open Fires: Combustible refuse or waste material from any industrial or business establishment or from any multiple dwelling unit containing three (3) or more apartments shall not be burned in open fires by any person unless a permit therefor has been obtained from the Chief. (a) Any person required by this section to secure a Refuse Burning Permit may apply for a continuing permit which, when issued, shall authorize the burning of combustible refuse or waste material during the period covered thereby, such period not to exceed one (1) year, provided such burning is carried out under conditions which in the Chief's discretion are necessary to prevent the creation of a nuisance condition. E. The Provisions mentioned in D(a) immediately preceding may include but are not limited to: (a) The location or locations where such burning may be carried on. (b) The hours of the day when such burning may be carried on including a requirement that any fires be quenched by a certain hour of each day. (c) A requirement that written approval be secured from the office of the Chief before any such open fire is ignited, with such approval to depend upon wind conditions, meteorological conditions and the status of the local atmosphere at the time such request is made. (d) The nature, quality, and quantity of the material to be burned. F. Any person required by this section to secure a Refuse Burning Permit may apply for limited written approval which, when given shall authorize the burning of combustible refuse or waste material at a specified time and place. The Chief may, in his discretion, impose other reasonable conditions necessary to prevent the creation of a nuisance. SECTION 10. Plans A. The Chief may request an applicant for an Installation Permit to submit plans of said equipment or device in order to determine whether the equipment or device will be capable of being operated in conformity with the requirements of this ordinance. Refusal by the applicant to submit such plans upon request shall be sufficient grounds for refusal by the Chief to issue the Permit requested, and the applicant shall thereafter have the burden of proving that the equipment or device will be operated within the limitations imposed by this ordinance. B. The filing of plans otherwise included by the provisions of subsection A of this Section or the building of pilot plants or processes, to be used in or to become a part of a secret process is hereby suspended, upon the filing with the department, in lieu of the filing of plans, of an affidavit of a responsible person to the effect that such equipment or process is to be so used. Such person may also be required to furnish bond or other proof of financial responsibility. The suspension of the filing of such plans shall in no way relieve the person or persons responsible for the secret process from complying with all other applicable provisions of this ordinance. C. Where plans have been submitted to the Chief pursuant to this section and the Chief determines that the information contained therein is not sufficient to enable him to determine whether the equipment or device will comply with the provisions of this ordinance, he may require such additional data as he deems necessary for the purpose of making such determination. The failure to furnish said data shall be sufficient grounds for refusal to issue the permit, which will impose the burden on the applicant as set forth in subsection A of this Section.' SECTION 11. Fees. The fees enumerated below shall be payable to the City Controller upon the filing of a proper aplication according to the following schedule: (1) Application for a Fuel Use Permit__. B. Limited Permit__ (3) Application for Equipment Inventory Certificate: A. Initial-Furnace Volume (per unit): (a) Less than 10 cubic feet_. (b) 10-25 cubic feet---- $2.00 2.00 10.00 1.00 2.00 2.50 (4) Applications for Installation Permits-Including Inspection fee: A. New Installations__ 5.00 B. Refuse Burning Equipment_. 5.00 3.50 (a) 50 square feet or less of grate area (per unit). 3.50 SECTION 12. Penalties. Any person who shall violate any of the provisions of this ordinance, shall upon conviction thereof, pay a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each violation. Each day's violation shall constitute a separate offense and an unlawful emission, from each chimney, smokestack, open fire or other point of discharge shall also constitute a separate offense. A separate and distinct offense shall be regarded as committed each day on which such person shall continue or permit any such violation to exist after notification thereof by the Chief. SECTION 13. Period of Grace. In the event any person is compelled to, or deems it advisable to install any new equipment, process or device, appliance, means or methods, including needed control equipment, in order to comply with any provision of this ordinance, and exemption from the operation of this ordinance, is reasonably necessary in order to comply with any provision of this ordinance, and exemption from the operation of this ordinance is reasonably necessary in order to allow sufficient time for such installation, such exemption may be granted by the Chief on good cause shown. Upon complaint in writing by any such person, setting forth that it is impossible in the operation of any plant, fuel burning, combustion or process equipment or devices, or apparatus, to operate the same in complete compliance with the requirements of this ordinance, and stating evidence satisfactory to the Chief that such person has taken, or will take, all steps necessary to provide for future compliance with the provisions of this ordinance, and giving assurance to the Chief that the acquisition and installation of the proper equipment, process, device, or appliance, or control equipment, will be effected within a reasonable period of time, stating specifically 30-083-64- --26 |