ment of such member. Members of the Committee shall serve without compen. sation. QUALIFICATIONS OF 17-16. The Committee shall be constituted as follows: One member shall have had experience in and be a bona fide representative of the transportation industry; one member shall have had experience in and be a bona fide representative of the steel producing and foundry industry; one member shall have had experience in and be a bona fide representative of the chemical manufacturing industry; one member shall have had experience in and be a bona fide representative of the utility industry; one member shall have had experience in and be a bona fide repre sentative of the coal industry; one member shall have had experience in and be a bona fide representative of general manufacturing; one member shall be engaged in the business of commercial building management; two members shall be appointed at large. DUTIES OF COMMITTEE 17-17. The Committee shall: (1) Aid and advise the Director with respect to obtaining the active support and cooperation of industry, commercial enterprises, municipal and governmental agencies and other organizations interested in or affected by the provisions of this chapter; (2) Advise and consult with the Director with respect to amendments to this chapter considered appropriate by reason of research conducted in accordance > with Section 17-18 hereof, or otherwise; (3) Advise and consult with the Director with respect to the membership of the Advisory Board; (4) Attend meetings called by the Chairman from time to time; (5) Institute, support and encourage such programs for research and education in the field of air pollution control and raise and administer funds contributed therefor; and (6) With the Director, appoint appropriate sub-committees to carry out re search programs as provided in Section 17-18 hereof. DECLARATION OF POLICY RESEARCH PROGRAMS. 17-18. The policy of the City of Chicago is hereby declared to be that concerted effort shall henceforth be made by the Director and the Committee, working in conjunction with representatives of all affected groups and industries, constantly to maintain and improve accepted air pollution control practices. To effectuate the foregoing policy, the Director and the Committee shall appoint sub-committees representative of affected groups or industries in the City to conduct continuing programs of research on all phases of air pollution control, including but not limited to, the following: (1) Emissions from metallurgical processes; (2) Emissions from by-product coke plants; (3) Emissions from locomotives and steamships; (4) Wind-borne dust and particulate matter; (5) Exhaust emissions from motor (6) Design and operation of and Such sub-committees shall make annual reports of their findings and recommendations to the Director and the Committee. TECHNICAL ADVISORY BOARD. 17-19. For the purpose of aiding the Director in establishing a Code of Recommended Practices and in reaching technically correct decisions on all mat ters pertaining to the enforcement of the provisions of this chapter, a Technical Advisory Board, to be appointed by the Mayor, by and with the consent of the City Council, is hereby established. The Advisory Board shall consist of seven members, one of whom shall be designated by the Mayor as Chairman, and four of whom shall constitute a quorum. They shall be appointed for a term of four years, or until their re spective successors are appointed and qualified, except that of the initially 77-536 O - 67 - 27 appointed board, two members shall serve for one year, two members for two years, two members for three years, and one member for four years. All seven members shall be scientists, or registered professional engineers acquainted with at least one phase of air pollution and its control as well as with industrial processes and equipment, whose experience and training qualify them to give competent technical advice to the Director. They shall not be interested in the sale to the public of any fuel-burning, combustion or process equipment or device. Members appointed to fill vacancies shall have the same general qualifications required for their predecessors. It shall be the duty of the Advisory Board to work with the Director in the promulgation and adoption of the Code of Recommended Practices. It shall be the further duty of the Advisory Board to advise the Director and the Appeal Board with respect to the technical points concerned with the enforcement of the provisions of this chapter; but neither the Director nor the Appeal Board shall be required to act on the advice of the Advisory Board if, in their respective opinions, there is good and sufficient reason to believe that such advice will not serve the best interests of the public. Meetings of the Advisory Board shall be held at such times as deemed necessary by the Chairman or by the Direc tor. The compensation of each member shall be as set forth in the annual ap. propriation ordinance. APPEAL BOARD. 17-20. An Appeal Board, to be appointed by the Mayor, by and with the con. sent of the City Council, is hereby established. The Appeal Board shall consist of seven members, one of whom shall be designated by the Mayor as Chairman, and four of whom shall constitute a quorum. They shall be appoint ed for a term of four years, or until their respective successors are appointed and qualified, except that of the initially appointed Appeal Board, two members shall serve for one year, two members for two years, two members for three years, and one member for four years. They shall be residents of the City of Chicago. One member shall have had at least five years business or administrative experience in the ownership or operation of industrial or commercial enterprises; one member shall be a registered physician who has had at least five years medical practice in one or more of the fields of public health, industrial hygiene or epidemiology; one member shall be at the time of his appointment, and for at least five years prior thereto, actively engaged as a chief operating engineer of a plant containing high pressure boilers, and who is also a licensed engineer; one member shall be at the time of his appointment, and for five years prior thereto, actively engaged as a registered professional engineer in the solid fuel industry or in the construction, design, or operation of fuel-burning, combustion or process equipment; one member shall be at the time of his appointment, and for five years prior thereto, licensed to practice law in the State of Illinois; two members shall be appointed at large. Members appointed to fill vacancies shall have the same general qualifications required for their predecessors. Meetings of the Appeal Board shall be held at the call of the chairman, and at such other times as the Appeal Board may determine. The Appeal Board shall have the power to adopt and enforce such rules and regulations as it may deem necessary to carry into effect the appeal powers herein provided and in connection therewith may call upon the Advisory Board for technical assistance and advice. All hearings conducted by the Appeal Board shall be open to the public. Any person may appear and testify at a hearing, either in person or by duly authorized representative or attorney. The Appeal Board shall keep minutes of its proceedings showing the vote of each member upon each question, or !! he is absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. Every rule and regulation, every amendment or repeal thereof, and every order, requirement, decision, or determination of the Appeal Board shall be filed im mediately in the office of the Depart ment and shall be a public record. A majority of the Appeal Board is hereby vested with the following jurisdiction and authority: (1) To decide appeals from any decision, ruling, regulation, determination or order made by the Director under this chapter, or failure to act upon request within a reasonable period of the Director, in the manner and subject to the standards set out in Section 17-21 hereof; (2) To pass upon applications for extensions of time for compliance, or for exemptions or variances in the manner and subject to the standards set out in Section 17-74 hereof; (3) To decide all matters referred to it or upon which it is required to pass under this chapter. The compensation of each member of the Appeal Board shall be as set forth in the annual appropriation ordinance. Appeals. 17-21. Any person taking exception to and affected by any final decision, ruling, requirement, rule, regulation or order, or failure to act upon request within a reasonable period of the Director, may take an appeal to the Appeal Board as established by this chapter. Such appeal shall be taken within thirty (30) days after receiving notice of such decision, ruling, requirement, rule, regu lation or order, or failure to act upon request within a reasonable period, by filing with the Director a notice of appeal directed to the Appeal Board, specifying the grounds thereof and the relief prayed for. The Director shall forthwith furnish to the Appeal Board all the papers relating to the case. The Appeal Board, not less than five days and not more than ten days after the date of filing the appeal, shall set a date for the hearing, and shall give notice thereof by mail to the interested parties. The Appeal Board may in its discretion grant continuances. Such an appeal shall act as a stay of the decision, ruling, requirement, rule, regulation or order in question until the Appeal Board has taken final action on the appeal. At the hearing any party may appear in person or by agent or attorney, and present evidence, both written and oral, pertinent to the questions and issues involved, and may examine and cross-examine witnesses. The Appeal Board, after the hearing, shall affirm, modify or reverse the deci. sion, ruling, requirement, rule, regulation or order of the Director, or order him to act. The decision of the Appeal Board shall be binding on the Director. The provisions of the "Administrative Review Act," approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto, shall apply and govern all proceed. ings for the judicial review of final administrative decisions hereunder. The Appeal Board at its expense shall provide a stenographer to take the testimony and preserve a record of all proceedings under this chapter. The notice of appeal, the notice of hearing, all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony and the findings of fact and decisions shall be the record of the proceedings. The Appeal Board shall furnish a trans. cript of such record to av person interested as a party to such hearing upon payment thereof of seventy-five cents per page for each original transcript, and twenty-five cents per page for each carbon copy thereof. However, the charges of any part of such transcript ordered or paid for previous to the writing of the original record shall be twenty-five cents per page. The Appeal Board shall not be re quired to certify any record or file any answer or otherwise appear in any proceeding for judicial review unless the party filing the appeal deposits the sum of ninety-five cents per page representing costs of certification. Failure on the part of the appellant to make such deposits shall be grounds for dismissal of the action. Upon judicial review the Secretary of the Appeal Board shall certify the record. CLASSES OF FUEL-BURNING, 17-22. Open fires other than those covered by section 17-31 of this code, diesel motor vehicles and all fuel-burning, combustion or process equipment, incinerators or devices shall meet the requirements of section 17-23. (Amend. Coun. J. 7-1-63, p. 579.) 17-23. It shall be unlawful within the City of Chicago and within one mile of the corporate limits for any person, owner, agent, operator, firm or corpora. tion to permit to cause, suffer or allow the emission of any smoke from any source whatever of a density, shade or opacity equal to or greater than that described as #2 on the Ringelmann chart as published by the United States Bureau of Mines provided that the following ex ceptions to the provisions of this section shall be permitted for fuel burning equipment. (1) For a period or periods aggregat ing 4 minutes in any 30 minutes of a density, shade or opacity equal to but not greater than that described as #2 on the Ringelmann chart. (2) For a period or periods aggregat ing 4 minutes in any 60 minutes of a density, shade or opacity equal to but not greater than that described as #3 on the Ringelmann chart when building a new fire. (Amend. Coun. J. 7-1-63, p. 579.) EMISSION OF PARTICULATE MATTER. 17-24. Subject to the provisions of Section 17-25, it shall be unlawful within the City of Chicago for any person own ing or in charge of any fuel-burning, combustion or process equipment or de vice, or any portable boiler, to cause, suffer or allow the emission from any such source of any particulate matter except in conformity with the limits set forth as follows: (1) The basic limitation on the aver age emission into the atmosphere of particulate matter from any single such source of emission shall be 0.35 grains per cubic foot of gas measured at a temperature of 60 degrees Fahrenheit and a pressure of 30 inches of mercury, under steady conditions, provided that for emissions at levels 100 feet or more above grade, the basic limitation shall be increased by the amount of particu late matter of less than 10 microns in size, if any, up to a maximum increase of 0.03 (H/100) grains per scf, where H is the height of discharge in feet above grade. (2) The limitation on the emission of that portion of the particulate mat ter which is 44 microns in size or larger from any single such source shall be 0.21 grains per scf. The foregoing requirements shall be measured by the methods for dust re porting apparatus as in current use as outlined in the Tentative Code for dust separating apparatus of the American Society of Mechanical Engineers, which is hereby made a part of this chapter by reference, or in accordance with modified procedures mutually agreed upon by the Director and such person. A copy of said Tentative Code shall be kept on file in the office of the Department subject to examination by interested per sons. (3) A specified volume ratio, or other suitable index, of particulate bearing gas shall be established in accord ance with Section 17-13, sub-paragraph (11) for various pieces, types or classes of fuel-burning, combustion or process equipment or devices, which con stitute potential sources of emission of particulate matter; provided, however, that with respect to coal burning combustion equipment the basic limitations set forth in sub-paragraph (1) of this section shall be adjusted to a gas volume based upon 50 per cent excess air. (4) All existing coal burning combustion equipment shall meet the limita tions set forth in sub-paragraphs (1), (2) and (3) of this section within five years from the effective date of this chapter. (5) Until such time as definitive standards are established and/or are applicable, emissions of particulate matter from all fuel-burning, combustion or process equipment or devices shall not exceed emissions which would result from operations in accordance with existing normal good operating practice. (Amend. Coun. J. 7-1-63, p. 579.) LIMITATIONS FOR PARTICULAR OPERATIONS. 17-25. The following provisions shall be applicable to the processes and equip. ment hereinafter set forth in lieu of the limits upon the emission of smoke and particulate matter contained in Sections 17-23 and 17-24 hereof: (1) Railroad Locomotives-Steam (a) When a firebox is cleaned or a new fire built in locomotives, smoke of an appearance, density, or shade in excess of No. 2 of the Ringelmann Chart shall be prohibited except that No. 3 smoke 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 Ringel. mann Chart shall be prohibited except that No. 3 smoke 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 is in service or ready for service, smoke of an appearance, density, or shade in excess of No. 2 of the Ringel. mann Chart shall be prohibited except that No. 3 smoke shall be allowed for a period or periods aggregating not more than two (2) minutes in any fifteen (15) minute period. (2) Railroad Locomotives-Diesel (a) Immediately after starting the engine of a diesel locomotive, smoke of an appearance, density, or shade in ex. cess of No. 2 of the Ringelmann Chart shall be prohibited except that No. 3 smoke shall be allowed for a period or periods aggregating not more than four (4) minutes during the first 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. 2 of the Ringel. mann Chart shall be prohibited except that No. 3 smoke 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. 2 of the Ringelmann Chart shall be prohibited except that No. 3 smoke 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, dens. ity, or shade in excess of No. 2 of the Ringelmann Chart shall be prohibited except that No. 3 smoke shall be allowed for a period or periods aggregating not more than one (1) minute in any fifteen (15) minute period. Paragraphs (3), (4) & (5) repealed. (6) Steamships and Other Vessels (a) When building, banking or cleaning fires or when maneuvering or ballasting, smoke of an appearance, density, or shade in excess of No. 2 of the Ringelmann Chart shall be prohibited except that No. 3 smoke shall be allowed for a period or periods aggregating not more than six (6) minutes in any sixty (60) 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 and/or property, the foregoing restrictions on emissions shall not apply. (c) When a steamship or other ves sel is in service, except as provided to cover particular conditions stated in this section, the provisions of Section 17-23 hereof shall apply. |