G-1375 .1
Ordinance No . c°1375
AN ORDINANCE
!�► AMENDING CHAPTER 18 OF THE CITY CODE ENTITLED , "HEALTH "
TO PROVIDE FOR AN ADDITIONAL ARTICLE THEREUNDER RELATING TO
AIR POLLUTION CONTROL .
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ELGIN , ILLINOIS :
Section 1 . That Chapter 18 of the City Code of Elgin be , and
it hereby is , amended to provide for the regulation , prevention ,
abatement and control of air pollution in the City of Elgin ,
Illinois , by adding the following additional article thereunder .
ARTICLE VIII - AIR POLLUTION CONTROL
801 . Title
802 . Purpose and Intent
803 . Definitions
804 . Administration and Enforcement
805. Emission of Smoke
806. Emission of Atmospheric Pollutants
807 . Emission of Particulate Matter
808 . Combustion for Indirect Heating
809 . Air Contaminant Emission Reduction Program
Schedule of Compliance
811 . Automobile and/or Truck Parking and Sales
Lots or private Roadway - Surfacing of
812 . Handling of Materials Susceptible to
Becoming Windborne
813 .
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Open Fires
815 . Incinerators
816 . Tests of Fuel -Burning Combustion or Process
817 . Nuisance - Preservation of Common Law Rights
818. Ltsti ng' of Pollutants and Type and Capacity of
Equipment Required
819 . Power to Enter Premises for Inspections
820 . Severance Clause
821 . Conflict with other Ordinances
822. Penalties
18-801 Title. This ordinance shall be known , cited , and referred
to as : The City of Elgin Air Pollution Control Ordinance .
18-802 Purpose and Intent . This ordinance is adopted to
regulate the production and emission of smoke , the constituent parts
thereof, fly ash , soot , cinders , toxic and radioactive substances ,
waste , noxious or obnoxious acids , fumes , oxides , gases , vapors ,
odors , dusts , particulate , solid or liquid matter or any other
materials that are of such character as to create atmospheric
pollution , from any stack , chimney , portable boiler, vehicle ,
process , open fires , or other source , within the jurisdiction of the
City of Elgin; to prohibit emissions of such substances beyond
defined limits ; to define a nuisance respecting the same and to
provide special limitations, or provisions for processes and
equipment with respect to which feasible methods of
measurement and control of emissions have yet to be developed ;
to provide for permits for the installation , construction ,
reconstruction , addition to , alteration , repair and use
of fuel and refuse-burning plants , processes , equipment and
devices , and smoke abatement , dust-arresting and air pollution
control equipment or devices ; to regulate the sale , use and
consumption of certain solid fuels ; to regulate the sale of
equipment and devices ; to provide for inspections and tests
of fuel and refuse-burning equipment and devices , plants and
processes and for the issuance of permits and certificates
of operation and for fees therefor ; to regulate wind-borne
sources of air pollution ; to promote research of means and
methods of more efficient fuel combustion and air pollution
prevention ; to promote an educational program , in co-operation
with interested agencies , both public and private , for air
purification ; and to repeal all former ordinances and amendments
thereof relating to air pollution control .
The Mayor and Council find and determine :
A . Air pollution in all its forms , including smoke ,
vapors , noxious odors , dusts , particulates , and wind-borne
matter , is a menace to the health , safety , comfort , conven-
ience and general welfare of all citizens ;
eft B . Preventable air pollution can be corrected or removed
as a public hazard through intelligent action involving
engineering , science , equipment , research and education ; and
C . The excessive emissions of smoke and other air
contaminants are causing atmospheric pollution within the
corporate limits of the City of Elgin which ought to be
abated , and the resultant deleterious effect upon the
public health and welfare , property and business , requires
the adoption of a comprehensive and integrated plan for
smoke and air pollution control .
18-803 Definitions . For the purpose of this ordinance ,
whenever any of the following words , terms or phrases are used
herein , they shall have the meaning ascribed to them in this
section .
(3 . 1) Air Furnace: A horizontal furnace , externally
fired with a natural draft stack , which is used to melt or
treat ferrous materials for production of castings .
(3 . 2) Air Jets : Any apparatus operated by steam or compressed
air or a mechanically-driven blower for the purpose of causing
high velocity air to be introduced into a furnace and/or to
cause a more complete mixture of oxygen with the gases of
'' combustion above the fuel bed .
( 3 .3) Ashes : Shall include cinders , fly ash or any other
solid material resulting from combustion , and may include unburned
combustibles .
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(3 . 4) ASME : The American Society of Mechanical Engineers .
(3 . 5) ASTM: The American Society for Testing Materials .
e (3 . 6) Atmosphere : See definition of "Open Air" .
(3 . 7) Atmospheric Pollution : The discharging from stacks ,
chimneys , exhausts , vents , ducts , openings , buildings , structures ,
premises , open fires , portable boilers , vehicles , processes , or
any other source , of any smoke , soot , fly ash , dust , cinders , dirt ,
noxious or obnoxious acids , fumes , oxides , gases , vapors , odors ,
toxic or radioactive substances , waste , particulate , solid ,
liquid or gaseous matter , or any other materials in such place ,
manner or concentration as to cause injury , detriment , or nuisance
to the public , or to endanger the health , comfort , repose , safety
or welfare of the public , or in such a manner as to cause or have
a natural tendency to cause injury or damage to plant or animal
life , business or property .
(3 . 8) Automobile and/or Truck Sales Lot : Any land area used
or intended to be used for the display and/or sale of passenger
automobiles and/or commercial vehicles .
(3 . 9) Baffling: Any row , rows , plane , planes of refractory
or other material that causes the gases in a steam boiler or
other vessel , duct or device to assume a definite and predetermined
path of travel before reaching the chimney or smoke stack .
(3 . 10) Basic Oxygen Furnace ( BOF) : A furnace in which the
ew melting and refining of iron are accomplished by the addition at
high velocities of large amounts of high purity oxygen to the
atmosphere above the surface of the metal bath.. The metal is
held in a tiltable vessel with a basic refractory lining . Such
a furnace includes the furnace proper , oxygen lance , scrap and
flux charging units , iron transfer units , gas collecting and
cleaning equipment and stacks and any other auxiliaries pertinent
to the process . BOF may be referred to as basic oxygen plants
(BOP) or basic oxygen vessels ( BOV) .
(3 . 11) Bessemer Converters and Pneumatic Steel Making
Processes : Processes by which steel is made directly from
molten iron or scrap metal by forcing gases through or over
the molten metal to oxidize and carry off the carbon and other
impurities in the metal .
(3 . 12) Blast Furnace and Auxiliary Equipment: The furnace
and equipment used in connection with the smelting process of
reducing metallic ores to molten metal in order to remove ,
primarily , the oxygen from the ore and producing gas as a by-
product . The furnace and equipment consists of, but is not
limited to , the furnace proper, charging equipment, stoves ,
bleeders , gas dust catcher, gas cleaning devices and other
auxiliaries pertinent to the process .
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( 3 . 13) Breeching : Any conduit for the transport of products
of combustion or processes to the atmosphere or to any intermediate
device before being discharged into the atmosphere . It does not
rill include the chimney or stack.
(3 . 14) Bridgewall : Any wall at the rear of the grate or
stoker that acts as a deflector or radiant heat reflector for the
furnace gases and a stop to the fuel bed or rear wall of the ash pit .
( 3 . 15) British Thermal Unit: The quantity of heat required
to raise one pound of water from 59 degrees F. to 60 degrees F .
(Abbreviated B . T . U . )
( 3 . 16 ) Building Fires : The term , "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 live fuel bed with additional fuel .
(3 . 17) Boiler , Furnace or Process Burning Fuel in Suspension :
A boiler , furnace or process burning fuel in suspension is any
fuel -burning device in which fuel is conditioned or pulverized
• previous to admitting the fuel into the furnace for combustion .
The combustion process is completed with the fuel in suspension .
( 3 . 18) By-Product Coke Plant : A plant used in connection
with the distillation nrorecc to produce rake in which the
volatile matter in coal is expelled , collected , and recovered .
Such plant consists of, but is not limited to, coal ' and coke
im handling equipment , by-product chemical plant and other equipment
associated with , and attendant to , the coking chambers or ovens
making up a single battery operated and controlled as a single
unit .
(3 . 19 ) Catalytic Cracking Unit : A unit composed of a
reactor , regenerator and fractionating tower which is used to .
convert certain petroleum' fractions into more valuable products
by passing the material at elevated temperature through a bed
of catalyst in the reactor . Coke deposits produced on the
catalyst during cracking are removed by burning off in the
regenerator . -
(3 . 20) Chimney or Stack : Any conduit , duct , vent , flue ,
or opening of any kind whatsoever arranged to conduct any
products of combustion or process emission to the atmosphere
vertically . It does not include breeching as defined herein .
(3 . 21 ) Cinders : Particles not ordinarily considered as
fly ash or dust because of their greater size , consisting
essentially of fused ash and/or unburned matter .
(3 .22) Cleaning fires : The act of removing ashes from
the fuel bed or furnace .
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( 3 . 23) Combustible Refuse : Any combustible waste material
containing carbon in a free -or combined state .
e ( 3 . 24) Combustion Equipment or Device : See "Fuel -Burning ,
combustion or process equipment or device , " in paragraph ( 3 . 43)
of this section .
( 3 . 25) Combustion for Indirect Heating : The combustion
of fuel to produce usable heat that is to be transferred through
a heat-conducting materials barrier or by a heat storage medium
to a material to be heated so that the material being heated
is not contacted by , and adds no substance to , the products of
combustion .
( 3 . 2o) Condensed Fumes : Fumes which have cooled and
returned to a liquid or solid state.
( 3 . 27) Construction : The installation or erection of
any fuel -burning , combustion or process equipment or device .
( 3 . 28) Cupola : A vertical furnace in which alternate
layers of basic material and coke are charged to produce molten
ferrous and non-ferrous metal for the production of castings .
Auxiliary equipment consists of , but is not limited to , blowers ,
charging mechanism , collection equipment _. heat exchangers
and slagging equipment .
elk (-3 . 29) Damper , Automatic or Manual : Any device for
regulating the volumetric flow of gas or air .
(3 . 30) Domestic Heating Plant : A plant generating heat
for a single-family residence , or for two residences either in
duplex or double-house form, or for multiple dwelling units in
which such plant serves fewer than three apartments . Under this
designation are also hot eater heaters , stoves , and space heaters
used in connection with the foregoing establishments or to heat
shacks and other temporary buildings , such as used by the
railroad and construction industries ; provided, however , that
like equipment used in multiple-dwelling units other than herein
described , or used in permanent buildings of commercial or
industrial establishments are not to be construed to be
included under this designation .
(3 . 31 ) Domestic Refuse-Burning Equipment: Any refuse-burning
equipment or incinerator used for a single-family residence , or
for two residences either in duplex or double-house form , or for
multiple-dwelling units in which such equipment or incinerator
serves fewer than three apartments .
(3 . 32) Down-Draft Furnace : In this furnace there are two - .
separate grates , one above the other; the top grate is water tubes ,
the bottom grate consists of common grate bars and is fed by half-
consumed fuel falling from the upper grate . The primary air for
combustion enters the upper fire door and passes through the bed
of green fuel on the upper grate and then over the incandescent
fuel on the lower grate.
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(3 . 33) Dryer: A device for drying by heat , forced
ventilation or both ; an apparatus such as a furnace , oven ,
oor revolving kiln for expelling moisture or volatiles by
evaporation or volatilization .
( 3 .34) Dust : Particulate matter released into the air
by natural forces , or by any fuel -burning , combustion or process
equipment or device , or by construction work , or by mechanical
or industrial processes , such as , but not limited to ,
crushing , grinding , milling , drilling , demolishing , shoveling ,
sweeping , bagging , covering , conveying , transferring , trans-
, porting , and the like.
( 3 . 35) Dust-Separating Equipment: Any device for separating
dust from the air or gas medium in which it is carried .
(3 . 36) Electric Furnace: A furnace in which the melting
and refining of metals is accomplished by means of electrical
energy .
(3 . 37) Excess Air : That air supplied in addition to
the theoretical quantity necessary for complete combustion of
all fuel and/or combustible waste material present .
(3 . 3B) Extension Furnace ( Dutch Oven ) - Any masonry
structure or combination of masonry and metal built on the
front of a boiler or other combustion device for the purpose
Am of obtaining additional furnace volume .
( 3 . 39 ) Fire Tubes : Those tubes , surrounded by a cooling
medium, through which the hot gases of combustion pass .
(3 . 40) Fly Ash : Particulate matter capable of being gas-
borne or air-borne and consisting essentially of fused ash and/or
burned or unburned material .
(3. 41 ) Foundries -Ferrous and Non-Ferrous : The processes ,
devices , and equipment used for the purpose of production of
castings , other than die-castings , from basic material . Such.
processes , devices , and equipment consist of , but are not
limited to , charging equipment , furnaces , collection equipment
and cleaning operations . Basic materials used include , but are
not limited to , iron , brass , aluminum and magnesium .
(3 .42) Fuel : Any form of combustible matter - -- solid ,
liquid , vapor , or gas .
(3 .43) Fuel -Burning, Combustion or Process Equipment or
Device: Any furnace , incinerator, fuel -burning equipment ,
internal combustion engine , refuse-burning equipment , boiler ,
apparatus , device , mechanism, fly ash collector , electrostatic .
precipitator , smoke arresting or prevention equipment , stack ,
chimney , breeching or structure , used for the burning of fuel
eft or other combustible material , or for the emission of products
of combustion , or used in connection with any process which
generates heat and may emit products of combustion; and. shall
include process furnaces , such as heat-treating furnaces ,
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by-product coke plants , core-baking ovens , mixing kettles ,
cupolas , blast furnaces , open hearth furnaces , heating and
Treheating furnaces , puddling furnaces , sintering plants ,
bessemer converters , electric steel furnaces , ferrous
foundries , non-ferrous foundries , kilns , stills , dryers ,
roasters , and equipment used in connection therewith , and
all other methods or forms of manufacturing , chemical ,
metallurgical or mechanical processing which may emit
smoke , or particulate , liquid , gaseous or other matter .
(3 . 44) Fuel -Burning Equipment : Shall mean and include
any furnace , boiler , apparatus , device , mechanism , stack or
structure used in the process of burning fuel , or other
combustible material for the primary purpose of producing
heat or power by indirect heat transfer .
( 3 . 45) Fuel -Burning Equipment , Hand- Fired Type : Any fuel -
burning , combustion or process equipment or device , other than
process or process equipment or down-draft furnaces , in which
fuel is manually introduced directly into the furnace .
(3 . 46) Fuel Dealer: Any person who sells or delivers
solid fuel or fuel oil directly to the ultimate consumer ,
without regard to price , quantity , or frequency of delivery .
(3 .47 ) Fuel UiI : UiI commonly used as a fuel ,
• ( 3 . 48) Fumes : Gases , vapors or particulate matter that
r°''' are of such character as to cause atmospheric pollution .
( 3 . 49) Furnace: An enclosed space provided for the ignition
and/or combustion of fuel .
(3 . 50) Furnace Volume: The effective volume of the •
chamber or enclosure in which tripe combustion process takes place .
( 3 . 51 ) Garbage: Animal and vegetable matter such as that
originating in houses , kitchens , restaurants and hotels , produce
markets , food service and processing establishments , and
greenhouses .
(3 . 52) Heating and Reheating Furnace : A furnace in which
metal is heated to permit shaping or forming , or to achieve
specific physical properties .
(3 . 53) Heating or Low Pressure Boilers : All boilers
designed for operating at a steam pressure of 15 pounds per
square inch gauge or less .
• ( 3 .54) Heating Plant , Other than Domestic : Fuel -burning
equipment used for the purpose of space heating of multiple- t •
dwelling units containing more than two apartments , hotel ,
rooming house , boarding house , garage , school , hospital ,
ft church , office building , store , institution , and for all
commercial , industrial or other establishments .
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( 3 . 55) Heating Surface : Any surface having steam, water
or other fluid on one side and hot gases on the other side , as
14 found in a boiler or a warm air heating furnace , not excepting
any surface covered by arches or refractory .
( 3 . 56) Incinerator : Combustion apparatus designed for
high temperature operation in which solid , semi -solid , liquid ,
or gaseous combustible wastes are ignited and burned efficiently
and from which the solid residues contain little or no combustible
material .
( 3 . 57) Internal Combustion Engine : An engine in which
combustion of gaseous , liquid , or pulverized solid fuel takes
place within one or more cylinders .
( 3 . 58) Kiln : A furnace or a heated chamber used for
the purpose of hardening , burning or drying in the manufacture
of such products as : clay , brick , cement , pottery , ceramics ,
limestone , etc , .
( 3 . 59) Low Volatile Solid Fuel : For the purpose of this
ordinance , a solid fuel , the volatile content of which is 23%
or less on an ash free and moisture free basis or a solid fuel
approved by the Department of Engineering and Inspection of the
Pity of Flnin .
( 3 . 60 ) Mechanical Combustion Equipment or Mechanically
Fired Apparatus : Fuel - burning combustion or process equipment
or device in which the fresh fuel or combustible material is
mechanically introduced from outside the furnace into the zone of
combustion , the same being actuated by controls ; provided ,
however , that where the Department of Engineering and Inspection
of the City of Elgin finds as a fact and so certifies
that any surface-burning type ( hand fired) equipment is so
designed as automatically to burn the fuel or combustible
materials in a manner not to violate the provisions of this
ordinance , such equipment will be considered as mechanical
combustion equipment or mechanically fired apparatus within
the meaning of this ordinance . •
(3 . 61) New Equipment :
a . Equipment , the design of which is less than 50%
completed on the effective date of this .ordinance .
b . Equipment which is altered or modified such that
the amount of air contaminant emissions is
increased 15% or more .
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c . Equipment placed in operation two years or more •
after the effective date of this ordinance . i •
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(3 . 62) Noxious Acids : Anhydrous or hydrous acid forms
in concentration high enough to be toxic , or to cause atmospheric
pollution , or to constitute a nuisance .
(3 . 63) Noxious Odors : Any smells which are unwholesome ,
offensive , harmful , or injurious to the public health , comfort
or welfare .
(3 .64) Oil Burners : Any device for the introduction
of vaporized or atomized fuel oil into a furnace .
( 3 . 65) Open Air : All spaces outside of buildings , stacks ,
or. exterior ducts .
( 3 . 66) Open Fire : Any fire from which the products of
combustion are emitted directly into the open air without passing
through a stack or chimney .
(3 .67 ) Open Hearth Furnace A furnace in which the melting
and refining of metal is accomplished by the application of heat
to a saucer type or shallow hearth in an enclosed chamber . Such
furnace consists of , but is not limited to , the furnace proper ,
checkers , f l UCJ and stack alu may include U waste heat V V ' l CI and other auxiliaries pertinent to the process . .
( 3 .6b) Parking Lot : Any land area used or intended to be
used for the storage of passenger automobiles and/or commercial
vehicles .
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(3 . 69) Particulate Matter: Material , other than water ,
which is suspended in or discharged into the atmosphere in a
finely divided form as ,a liquid or solid .
( 3 . 70) Person : Any individual natural person , trustee ,
court appointed representative , syndicate , association , partnership ,
firm , club , company , corporation , business trust , institution ,
agency , government corporation , municipal corporation , city
county , municipality , district or other political subdivision ,
department , bureau , agency or instrumentality of federal , state
or local government , contractor, supplier , vendor , installer ,
operator, user or owner , or any officers , agents , employees ,
factors , or any kind of representatives of any thereof, in any
capacity , acting either for himself , or for any other person
under either personal appointment or pursuant to law , or other
. entity recognized by law as the subject of rights and duties .
The masculine , feminine , singular or plural is included in any
circumstances .
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( 3 . 71 ) Portable Boiler: A boiler used separately or in
connection with a power shovel , a road roller , a hoist , a derrick ,
or a pile driver , steam locomotives , diesel locomotives ,
steamboats , tugboats , tar kettles , asphalt kettles , and all other
portable equipment capable of emitting smoke , particulate or
other matter .
(3 . 72) Power or High Pressure Boilers : All boilers
designed for operating at a steam pressure greater than 15 pounds
per square inch gauge .
(3 . 73) Premises : Any real estate or real property .
(3 . 74) Process Weight: The total weight of all materials
introduced into any source operation . Solid fuels charged will
be considered as part of the process weight but liquid and
gaseous fuels and combustion air will not .
( 3 . 75) Process Weight Rate : ( a) For continous or long-
run steady-state source operations , the total process weight
for the entire period of continous operation or for a typical
portion thereof, divided by the number of hours of such period
or portion thereof . ( b ) For a cyclical or batch source
uperoLion , the total process weight for a period that covers a
complete operation or an integral number of cycles , divided by
the hours of actual process operation during such a period .
Where the nature of any process or operation or the design
of any equipment is such as to permit more than one inter-
pretation of this definition , the interpretation that results
in the minimum value for allowable emission shall apply .
(3 . 76) Processes or Process Equipment: Any action , operation ,
or treatment embracing chemical , industrial or manufacturing
factors , such as heat treating furnaces , by-product coke plants ,
core-baking ovens , mixing kettles , cupolas , blast furnaces ,
open hearth furnaces , heating and reheating furnaces , puddling
furnaces , rendering plants , sintering plants , bessemer converters ,
electric steel furnaces , ferrous and non-ferrous foundries ,
kilns , stills , dryers , roasters , and equipment used in connection
therewith , and all other methods or forms of manufacturing •
or processing which may emit odors , smoke , particulate matter
or other matter .
(3 .77) Reconstruction : Any material change or alteration
of any existing fuel -burning, combustion or process equipment
or device from that physical or operating condition for which
approval was last obtained ; or the addition , removal or
replacement of any appurtenances or devices which materially
affect the method or efficiency of preventing the discharge
of pollutants into the atmosphere .
e (3 . 78) Refuse: Includes garbage , rubbish and trade wastes .
(3 . 79) Rendering Plant : Any factory or other place wherein
is carried on the process of melting down substances for the
extraction or clarification of lard, oil , wax , tallow , soap , or
other materials .
(3 . 80) Ringelmann Chart : The chart published and described
in the U .S . Bureau of felines Information Circular 8333 , and on
which are illustrated graduated shades of gray to black for .use
e in estimating the light obscuring capacity of smoke .
(3 . 81 ) Roaster : A device used to effect the expelling of
volatile matter or to effect oxidation as required in the manufacture
of such products as prepared meats , . grain , coffee beans , nuts , etc .
(3 . 82) Rubbish : Solids not considered to be highly
flammable or explosive such as , but not limited to , rags , old
clothes , leather, rubber , carpets , wood, excelsior , paper , ashes ,
trees , branches , yard trimmings , furniture , tin cans , glass ,
crockery , masonry , and other similar materials .
(3 , 83) 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 , metals ,
chemicals , shipping containers , or drums .
( 3 . 84) Sintering Plant : The plant used in connection with
the process of fusing fine particles of metallic ores causing
agglomeration of such particles . Such plant consists of , but
is not limited to , sintering machines , handling facilities ,
wind boxes , stack and other auxiliaries pertinent to the process .
(3 . 85) Smoke : Small gas -borne particles resulting from
incomplete combustion , consisting predominantly , but not
eft exclusively , or carbon , ash and other combustible material ,
that form a visible plume in the air .
(3 . 86) Solid Fuel : Any material in its solid state
capable of being consumed by a combustion process .
(3 . 87 ) Soot : Agglomerated particles consisting essentially
of carbonaceous material .
(3 . 88) Stack or Chimney : Any conduit , duct , vent, flue ,
or opening of any kind whatsoever arranged to conduct any products • .
of combustion to the atmosphere vertically. It does not include
breeching as defined herein .
(3 . 89 ) Stack Spray : A nozzle or series of nozzles installed
in a stack above the breeching used to inject wetting agents at
high pressure to suppress the discharge of particulate matter
from the stack .
(3 . 90) Standard Conditions : A gas temperature of 60 degrees
Fahrenheit and a gas pressure of 30 inches mercury .
(3 .91) Standard Cubic Foot (scf) : The standard cubic foot •
is a measure of the volume of one cubic foot of gas under .
standard conditions .
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( 3 . 92) Stokers : Any mechanical device that feeds solid
fuel automatically onto a' grate or hearth within a furnace .
(3 . 93 ) Surface Burning Type ( Hand-Fired) : See definition
of "Fuel -burning equipment , hand-fired type" ( 3 . 45) .
(3 . 94) Trade Waste : All solid or liquid material or
rubbish from construction , building operations or the prosecution
of any business , trade or industry such as , but not limited to ,
plastic products, chemicals , cinders and other forms of solid
or liquid waste materials . •
( 3 . 95) Vehicle : A self-propelled mechanism , such as
a truck , machine , tractor , roller , derrick , crane , trencher ,
portable hoisting engine or automobile ; or any conveyance
used for carrying persons or things , trailer , semi - trailer ,
boat , tug , or other apparatus which is not ordinarily permanently
installed in one location but is used in various places over
• a wide area .
(3 . 96) Volatile Matter : The gaseous constituents of solid
fuels as determined by the Standard ASTM Procedure amended or
revised to date.
IU-d04 AdminisLraLion and Enforcement . The City Manager
shall be responsible for the administration and enforcement of
this Ordinance , and shall in this regards , establish procedures
e within the City Government to accomplish the following :
( a) Examine lists of emissions and corrective equipment
submitted with applications for permits to erect , construct ,
or install new plants or processes with the City or to
reconstruct or alter existing plants or processes , and •
make recommendations to the corporate authorities •
of the City .
( b) Investigate or cause to be investigated such
complaints about air pollution in the City that are
filed with the City .
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(c) Set up procedure for prompt notification of all
persons concerning whom reports of violations of the
ordinance or of complaints hereunder that have been
received by the City .
(d) Cause legal action in the name of the City to
be taken to abate nuisances or to enjoin owners and
operators of offending plants , equipment and
processes from continuing violations of the provisions
of the ordinance or perpetrating nuisances .
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( e) Provide for the training of police officers of
the City in the use of the Ringelmann Chart for smoke
and other emission observations and the proper
reporting of such emissions ; and in the proper
investigating and reporting of complaints about odors ,
acid , fume or dust emissions.
( f) Advise , consult , and cooperate with other agencies
of the State , the Federal government , other States ,
interstate agencies , political subdivisions , and
industries in furtherance of atmospheric pollution
prevention and abatement .
(g ) Make recommendations and reports to the corporate
authorities of the City ,
( h ) Cause legal action under the Illinois Municipal
Code to be taken to abate air pollution nuisances
originating within one mile of the incorporated
boundaries of the City of Elgin .
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18-805 . Emission of Smoke. It shall be unlawful within
the City of Elgin for any person owning or in charge of any
fuel-burning , refuse-burning , combustion of process equipment
or device , or portable boiler , or stacks , vents or premises ,
to cause , suffer or allow the emission or discharge of smoke
from a;ly single suLh source into the atmosphere the appearance ,
density , or shade of which is No , 2 or darker, of the Ringelmann
Chart , except when building a new fire , when manually cleaning a
fire or when blowing tubes and flues in a power plant , heating
plant or domestic heating plant , smoke may be emitted of an
appearance , density or shade equal to or darker than No . 2 of
the Ringelmann chart for a period or periods aggregating not
more than six minutes in any observed sixty minute period .
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The "Ringelmann Chart , " a,s published and described in the
U . S . Bureau of Mines Information Circular 8333 , and on which
are illustrated graduated shades of gray to black for use in
estimating the light obscuring capacity of smoke , shall be the
standard for determining the appearance , density or shade
of smoke . Observations of smoke emissions under this ordinance
shall be made by comparing the observed density of smoke with
the Ringelmann Chart numbers .
18-806 . Emission of Atmospheric Pollutants . A person
shall not discharge into the atmosphere from any single source
of emission whatsoever any atmospheric pollutants other than
smoke for a period or periods aggregating more than 2 minutes
in any one hour which is
(A) As dark as or darker in shade than that
• designated as No . 2 on the Ringelmann Chart , as
published by the United States- Bureau of Mines , or 1 •
(B) Of such opacity as to obscure an observer ' s
e"'" view to a degree equal to or greater than does
smoke described in subsection A of this Section ,
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18-807 , Emission of Particulate Matter It shall be
unlawful within the City of Elgin for any person to cause ,
r suffer or allow the emission into the air of dust. , soot ,
cinder , or of any particulates from any process or operation
that is enclosed or can reasonably be enclosed in concentrations
in excess of the allowable rates of emission set forth in
Table 1 attached to and incorporated herein by reference .
18-808 Combustion for Indirect Heating . Emissions of
particulate matter from the combustion of fuel for indirect
heating for existing equipment shall be limited by the ASME
Standard No . APS-1 dated June 15 , 1966 , " Recommended Guide for
the Control of Dust Emission - Combustion for Indirect Heat
Exchangers , " hereby adopted and by this reference thereto hereby
incorporated herein by reference , For purposes of this Rule the
allowable emission shall be calculated from equation ( 15) in
the standard with Comax2=50 . Figure 2 in the standard may be
used to estimate allowable emissions . However , irrespective of
stack height the . maximum allowable emission for each stack
shall be 0 . 6 pounds of particulates per million BTU input ,
The emission rate for multiple stack installations shall be
modified in accordance with said ASME Standard No , APS- 1 .
( See Chart 1 attached hereto)
18-809 Air Contaminant Emission Reduction Prnnram , Tf
compliance with Section 8 or Section 9 cannot be reached within
60 days after the effective date of this ordinance , the person
ew responsible for the existing equipment in the City of Elgin
shall submit to the City Manager within that same period an
air contaminant emission reduction program which shall be in
accordance with the requirements of this ordinance .
18-810 Schedule of Compliance .
Cost of Corrective 'Installation Period of Grace
Not exceeding $10 ,000. 00 1 year
Over $10 ,000 , 00 but not exceeding $50 ,00000 2 years
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Over $50 ,000 . 00 but not exceeding $100 ,000 , 00 3 years
Over $100 ,000 , 00 but not exceeding $300 ,000, 00 4 years
Over $300 ,000 . 00 5 years
18-811 . Automobile and/or Truck Parking and Sales Lots
or Private Roadway - Surfacing Of , 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 real property
for a private roadway unless such real property is covered or
treated with a surface or substance or otherwise maintained
in such manner as to eliminate the dispersion of dust into
the atmosphere .
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18-012 . Handling of Materials Susceptible to Becoming
Wind-Borne . It shall be unlawful for any person to cause or
permit the handling , transfer or transport of any materials
rwhich are likely to be scattered by the wind , or are
susceptible to being wind-borne , without taking reasonable care
and precaution to eliminate their dispersion into the atmosphere .
18-813 .
18-814 . Open Fires . It shall be unlawful for any person
to cause , suffer , allow or permit open burning of rubbish ,
refuse of any kind , grass , leaves , wood , garbage , metal salvage ,
or any other material in open fires provided however , that it
shall not be unlawful for an owner of residential property to
burn or permit to be burned such substances as are reasonably
necessary for the purpose of cooking food for comsumption by
his family and guests .
18-616 . Incinerators . All incinerators shall be equipped
with gas cleaning devices as necessary to meet the following
emission standards ;
Particulate Matter :
Incinerators shall not emit more than 0 . 2 grain of
particulates matter per J Vai_u a U cubic r
UU . di eXiIdUS L
gas adjusted to 50% excess air,
Se► Smoke:
No incinerator shall emit or produce smoke the
appearance , density or snade of which is No , 2
or darker on the Ringelmann Chart , except that
during an operational breakdown or while cleaning
air pollution control1equipment smoke may be
emitted of an appearance or density of No . 2
or darker on the Ringelmann Chart for a period
or periods aggregating not more than 3 minutes
in any observed 6u minute period ,
18-616 . Tests of Fuel -Burning Combustion or Process
Equipment . The City Manager is hereby authorized to conduct , or
cause to be conducted , any test or tests that may be necessary
or desirable to determine toe extent of emission of particulate
matter from any fuel -burning , combustion or process equipment
or device , if and when , in his judgment , there is evidence
that any such equipment , process or device is exceeding any
emission limitation prescribed by or under this ordinance .
The result of any test shall be made available to the person
responsible for such property tested , Tests shall be made
and the results calculated in accordance , where applicable ,
with American Society of Mechanical Engineers "Power Test •
Codes , Test code for determining dust concentration in a
eft gas stream PTC-27 1957" procedure as revised from time to
time (hereby adopted and by this reference thereto hereby
incorporated herein by reference) or in accordance with
modified procedures mutually agreed upon between the City
rManager and tne person . All tests and calculations shall
be made under the direction of a competent engineer . Any
test or tests to be conducted on the premises where such
equipment or device is located shall be made during reasonable
hours , after written notice to , and with the cooperation of ,
the owner or operator . The cost of any sucn test or tests
and calculations shall be a debt due the City from any
person responsible as owner , operator or otherwise of such
fuel -burning , combustion or process equipment or device
in all cases , and sucn unpaid debt small be recoverable
in any court of competent jurisdiction .
lb-817 . Nuisance - Preservation of Common Law Rights .
Nothing in this ordinance snail be construed to impair any
cause of action , or legal or equitable remedy therefor,
of any person or tne public , or the ' City of Elgin for injury
or damage arising from the discnarge , emission or release
into the atmosphere from any source whatsoever of such
quantities of smoke , soot , fly ash , dust , cinders , dirt ,
noxious or obnoxious acids , fumes , oxides , gases , vapors ,
noxious odors , toxic or radioactive substances , waste ,
particulate , liquid or gaseous matter or any other materials
in such place , manner or concentration as to constitute
atmospheric pollution or a common law nuisance .
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lb-b18 . Listing of Pollutants and Type and Capacity of
ew Equipment Required . It shall be unlawful for any person to
install , erect , construct , reconstruct , alter , or add to ,
or cause to be installed , erected , constructed , reconstructed ,
altered , or addeu to , any fuel -burning , combustion or process
equipment or device , or any equipment pertaining thereto , or
any stack or chimney connected therewith , within the City ,
excepting domestic heating plants , domestic refuse-burning
equipment , locomotives and interal combustion engines in
said City , until tnere has been filed in duplicate by the
owner , contractor , installer , or other person , or his agent ,
with the City , an application for a permit accompanied by •
a complete listing of emissions into the atmosphere that
result from the operation of the aforesaid equipment or
processes , both as to kind and quantity , and , in addition •
tnereto, a listing of the type and capacity of the equipment
useu for the collection , absorption , or suppression of each
emission and an estimate of its efficiency , and until a
permit therefor has been granted by the corporate authorities
of the City . Said submitted register of pollutants shall
be accompanied by an affidavit of a qualified person stating
that it is complete and correct and that the proper operation
• of tne plant or process , as designed, will not result in any
violation of tnis ordinance , Said application shall be filed
in the Office of the Department of Engineering and Inspection .
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18-619 . Power to Enter Premises for Inspections .
rThe City Manager , or anyone authorized to act for him , in the
performance of his duties under this ordinance , is hereby
authorized and empowered to enter into and upon any private
or public properties , except private residences , at all
reasonable hours for the purpose of inspecting any fuel -
burning , combustion or process equipment or device situated
. therein or thereon ; and shall collect and preserve any and all
evidence pertaining to any alleged violation of any provision
of tnis ordinance .
18-b2U . Severance Clause. If any provision , clause ,
sentence , paragraph , section , or part of this ordinance , or
application thereof to any person , firm , corporation or
circumstance , shall , for any reason , be adjudged by a court
of competent jurisdiction to be unconstitutional or invalid ,
said judgment shall not effect , impair or invalidate the
remainder of this ordinance and the application of such
provision to other persons , firms , corporations or
circumstances , but shall be confined in its operation to the
provision , clause , sentence , paragraph , section , or part
thereof directly involved in the controversy in which such
judgment shall have been rendered and to the person , firm ,
corporation or circumstance involved .
18-d21 . Conflict with other Ordinances . In the event
that the provisions of this Ordinance relative to the subject
"'` matter thereof shall at any time be in conflict with other
existing ordinances of the City of Elgin , those provisions
requiring the strictest construction and most. stringent
requirements shall control ,
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18-622 . Penalties . ( a) Any person found guilty of
violating , disobeying , omitting, neglecting , or refusing to
comply with , any of the provisions of this ordinance , shall be
fined not less than Ten Dollars ($ 10) nor more than Two Hundred
Dollars ( $200) for the first offense , and not less than Fifty
Dollars ( $b0) nor more than Five Hundred Dollars ($500) for
the second and each subsequent offense , in any ninety (90)
day period . A separate and distinct offense shall be
regarded as committed each day on which such person shall
continue or permit any such violation , or failure to comply
is permitted to exist , after notification thereof .
(b) Where a license is required to conduct a business
under this Code , the Mayor may revoke the license issued to
conduct said `b u s i n e s s when any person i s 'found guilty of
violating , disobeying , omitting , or refusing to comply with
any of the provisions of this ordinance , •
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Section 3 . Any prosecution arising from a violation of
rany ordinance or part of ordnance repealed herein or hereby ,
whether expressly or by impl"icati. on , which prosecution may
be pending at the time this ordinance becomes effective , or
any prosecution which may be started within one year after
the effective date of this ordinance , in consequence of any
violation of any ordinance or part of ordinance so repealed ,
which violation was committed previous to the effective date
of this ordinance , shall be tried and determined exactly
as if such ordinance or part thereof had not been repealed .
Section 4 . That all ordinances or parts thereof in
conflict herewith be , and the same hereby are , repealed and
of no further force and effect .
Section 5 . That this ordinance shall be effective from
and after its passage , as provided by law , and shall be
published in pamphlet form by authority of the City Council .
E. C. Alf t: (Signature)
E . C . Alft , Mayor
Presented : N:-:y 13, 1970
Passed : May 13, 1970
V0 Le : Yeas 5 Nays 0
Recorded : 13, 1.970
Published : May 13, 1970
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Attest:
Mar
.•gar :: A. L7,11,--.1e-H,
Margaret A , Shales , City Clerk
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CITY OF ELG1 "', AIR POLLUTION CONTROL ORDINANCE
TABLE 1
ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATEb .
Process Weight Rate of Process Weight Rate of
Rate Emission Rate Emission
Lb/Hr Tons/Hr Lb/Hr Lb/Hr Tons/Hr Lb/ Hr
100 0 . 05 0 . 551 16 . 000 8. 00 16 . 5
200 0 . 10 0 . 877 18 ,000 9 . 00 17 . 9
400 0 . 20 1 . 40 20 ,000 10 . 00 19 . 2
600 0 . 30 1 . 83 30 , 000 15 . 25 . 2
800 0 . 40 2 . 22 40 ,000 20 . 30 . 5
1 ,000 0 . 50 2 . 58 50 ,000 25 . 35 . 4
1 ,500 0 . 75 3 . 38 60 ,000 30 . 40 . 0.
2 ,000 1 . 00 4 . 10 70 , 000 35 . 41 . 3
7 [nn 1 or , -,r
J
,L , JUV 1 . LJ `t . / U On ,n 0n nn . 42 .
3 ,000 1 . 50 5 . 38 90 ,000 45 . 43 . 6
r3 ,500- 1 . 75 5 . 96 100 ,000 50 . 44 . 6
4 ,000 2 . 00 6 . 52 120 ,000 60 . 46 . 3
5 ,000 2 . 50 7 . 58 140 ,000 70 . ' 47 . 8
6 ,000 3 . 00 8. 56 160 ,000 80 . 49 . 0
7 ,000 3 . 50 9 . 49 200 ,000 100 . 51 . 2
8 ,000 4 . 00 10 . 4 1 ,000 . 000 500 . 69 . 0
9 ,000 4 . 50 11 . 2 2 , 000 . 000 1000 . 77 . 6
10 ,000 5 . 00 12 . 0 6 ,000 . 000 3000 . 92 . 7
12 ,000 6 . 00 13 , 6 .
bInterpolation of the data in this table for process weight rates .
up to 60 ,000 lb/hr shall be accomplished by use of the equation
E = 4 . 10P0 . 67
and interpolation and extrapolation of the data for process weight
rates in excess of 60 ,000 lb/hr shall be accomplished by use of the
equation
E - 55 . op0 . 11 - 40 , where E = rate of emission in lb/hr and
P = process weight • rate in tons/hr. .
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