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13.3 Nonattainment In Rural Areas Attributable to Rural Fugitive
Emission?
(Reserved.)
14.0 Temporary Emission Sources
Temporary emission sources, such as pilot plants and construction
activity, and temporary operation of portable emission sources,
e.g., concrete batch plants and asphalt plants, are not subject to
emission offset or air quality improvement provisions of these
rules. (Such sources are subject to the other provisions of these
rules.) Generally for the operation of a source to be considered
temporary, the emissions must occur for less than two years. A
source with emissions for a longer period of time will be dealt with
on a case-by-case basis by the Agency for determining whether such
source may be considered temporary.
The Agency shall determine that a source is temporary based upon
limitations of materials, terms of relevant contracts, experimental
or noncommercial nature of the project, its dependence upon other
-activities and any other factors unique to the source or site.
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COOK COUNTY AIR POLLUTION
CONTROL ORDINANCE
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ARTICLE I - TITLE
This ordinance shall be hereafter known, cited, and referred to as:
The Cook County Air Pollution Control Ordinance
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ARTICLE II - INTENT AND
nuisances!
3n
and
°rdinan« i
for the following
aCCepted air pollutio" Control
a11 potential
or
and duties of the administrative
, as provided hereinafter.
7- To provide for the establishment of a schedule of fees.
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ARTICLE in - RULES AND DEFINITIONS
In the construction of this ordinance the rules and definitions con-
tained in this Article shall be observed and applied, except when
the context clearly indicates otherwise.
3.1 Rules
3.1-1 Words used in the present tense shall include the future
tense, and words used in the singular number shall include
the plural number, and the plural the singular.
3.1-2 The word "shall" is mandatory and not discretionary.
3.1-3 The word "may" is permissive.
3.1-4 The masculine gender include the feminine and the neuter.
3.1-5 The phrase "used for" shall include the phrases "arranged
for", "designed for", "intended for", "maintained for",
and "occupied for".
3.2 Definitions
a. Air Contaminant
Air contaminant means and includes, but is not limited to, the
following: dust, soot, mist, smoke, fumes, fly ash, vapor,
corrosive gas, or other discharge, and any other airborne
material or substance that is offensive, nauseous, irritating,
or noxious to humans or other animal life.
b. Ashes
Ashes shall include cinders, fly ash, or any other solid material
resulting from combustion, and may include unburned combustibles.
c. Atmospheric Pollution
Atmospheric Pollution is the discharging from stacks, chimneys,
exhausts, vent, ducts, openings, buildings, structures, pre-
mises, 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, nuisance,
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d. Boat
anchored, or re " t)rilt1n»'
e. Bureau
- Cinders
.
of fused ash an/o mter.'0"5'"1"9 *""*
g. Cook County
i.«» b, th '
h. Director
i. Dust
' the
sweeping, covering ??nvSj p
and the like. ""veying, ranserring, transporting,
j. Equivalent Opacity
E9u,-va,ent Opacity „ ,he „„,, obscurat)on of ^ ^
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gray or black, that corresponds to the obscuration as de-
scribed on the Ringelmann Chart.
k. Fly Ash
Fly Ash is solid particulate matter from a combustion pro-
cess capable of being gas-borne or air-borne and consisting
essentially of fused ash and/or burned or unburned material.
1. Fuel
Fuel shall include any form of combustible matter - solid,
liquid, vapor, or gas.
m. Fuel-Burning, Combustion, or Process Equipment or Device
Fuel-Burning, Combustion, or Process Equipment or Device is
any furnace, incinerator, fuel-burning equipment, 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 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, by-product coke
plants, core-baking ovens, mixing kettles, cupolas, blast
furnaces, open hearth furnaces, heating and reheating furnaces,
puddling furnaces, sintering plants, bessemer converters, elec-
tric 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, metalurgical, or mechanical pro-
cessing which may emit smoke, or paVticulate, liquid, gaseous,
or other matter.
n. Fumes
Fumes are gases, vapors, or particulate matter that are of
such character as to cause atmospheric pollution.
o. Incinerator
Incinerator is a combustion apparatus designed for high temper-
ature 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.
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p. Internal Combustion Engine
Internal Combustion Engine is an engine in which combus-
tion of gaseous, liquid, or pulverized solid fuel takes place
within one or more cylinders.
q. Noxious Matter or Materials
Noxious Matter or Materials is matter or material which is
capable of causing detrimental effects upon the physical or
economic well-being of individuals.
r. Odorous Matter
Odorous Matter is any matter or material that yields an odor
which is offensive in any way.
s. Open Burning
Open Burning is any fire or combustion process not conducted
in an apparatus designed for efficient combustion.
t. Particulate Matter
Particulate Matter is material other than water, which is sus-
pended in or discharged into the atmosphere in a finely
divided form as a liquid or solid.
u. Person
Any individual, natural person, trustee, court appointed
representative, syndicate, association, partnership, firm,
club, company, corporation, business trust, institution,
agency, government corporation, municipality, district or
other political subdivision, department, bureau, agency or
instrumentality of federal, state or local government, con-
tractor, 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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v. Ringelmann Chart
Ringelmann Chart is one which is described in the U.S. Bureau
of Mines Information Circular 8333 Ringelmann Smoke Chart,
and on which are illustrated graduated shades of gray for use
in estimating the light-obscuring capacity of smoke.
w. Smoke Density
Smoke Density is the light-obscuring property of smoke measured
on the Ringelmann Chart.
x. Ringelmann Number
Ringelmann Number is the number appearing on the Ringelmann
Chart ascribed by the observer to the density or equivalent
opacity of the smoke emission. Where the density or opacity
of the smoke as observed falls between two consecutive Ringel-
mann Numbers, the lower Ringelmann Number shall be considered
the density or equivalent opacity of the smoke observed.
y. Smoke
Smoke consists of small gas-borne particles, other than water,
that form a visible plume in the air from a source of atmos-
pheric pollution.
z. Smoke Unit
Smoke Unit is the number obtained when the smoke density in
Ringelmann number is multiplied by the time of emission in
minutes. For the purpose of this calculation, a Ringelmann
density reading shall be made at least once a minute during
the period of observation; each reading (the average_of all
readings made during any one minute) is then multiplied by
the time in minutes during which it was observed, ihe various
products are then added together to give the total number of
smoke units observed during the entire observation period.
aa. Soot
Soot consists of agglomerated particles composed essentially
of carbonaceous material.
bb. Standard Conditions
A gas temperature of 60 degrees Fahrenheit and a gas pressure
of 30 inches of mercury.
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cc. Toxic Matter or Materials
dd. Vehicle
roerderrc' SUch « '
hoisting engine^or toJ-obfle Co; anTr"' trSnCher' P°rtable
carrying persons or things y conveyance used for
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ARTICLE IV - GENERAL PROVISIONS
4.1 Interpretation
4.1-1 In their interpretation and application, the provisions of
this ordinance shall be held to be the minimum requirements
for the promotion of the public health, safety, morals,
and welfare.
4.1-2 Where the conditions imposed by any provision of this or-
dinance are either more restrictive or less restrictive
than comparable conditions imposed by any other provision
of this ordinance or of any other applicable law, ordinance,
resolution, rule, or regulation, the regulations which are
more restrictive (or which impose higher standards or re-
quirements) shall govern.
4.1-3 This ordinance is not intended to abrogate any covenant or
any other private agreement, provided that where the re-
gulations of this ordinance are more restrictive (or impose
higher standards or requirements) than such covenant or
other private agreement, the requirements of this ordinance
shall govern.
3.1-4 Nothing contained in this ordinance shall be deemed to be a
consent, license, or permit to locate, construct, or main-
tain any building, structure, or facility, or to carry on
any trade, industry, occupation, or activity.
4.1-5 The provisions in the Cook County Air Pollution Control
Ordinance are accumulative and additional limitations upon
all other laws and ordinances heretofore passed or which
may be passed hereafter, covering any subject matter in
this ordinance.
4.2 Separability
It is hereby declared to be the intention of the President and Board
of Commissioners of Cook County that the several provisions of this
ordinance be separable in accordance with the following:
4.2-1 If any court of competent jurisdiction shall adjudge any
provision of this ordinance to be invalid, such judgment
shall not affect any other provision of this ordinance not
specifically included in said judgment.
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4.2-2 If any court of competent jurisdiction shall adjudge invalid
the application of any provision of this ordinance to a
?f,H^CJ!Jarh b^ldl'"9, process, or source of emission, such
to1nvnt± I ™J.affect t»«e application of said provision
ai? building process, or source of emission not
specifically included in said judgment.
4-3 Scope of Regulation
A-r P°]lut1on Co"tr°l Ordinance shall be
is ordinance is desioned to
S tc H" a"d lnsta11ati°" 0^ accessory or appurtenant
parts and equipment of buildings and structures, and
faminants co™ected with the emission of air con-
fa. The operation or use of equipment and appliances
emitting air contaminants,
c- s: esnV:s:s of 1and which cause
activity'
e. The rules and regulations for controlling air pollution
episodes, as adopted by the State of Illinois Air
Pollution Control Board, shall apply. In the case of
™
4-4 Report of Equipment Breakdown
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of such failure, breakdown, or other circumstance together with all
pertinent facts relating thereto, and a statement of the date upon
which the condition will be rectified, and shall also report to it
when such defect has been removed. Immunity from prosecution under
such circumstances shall be at the discretion of the Director of
the Bureau.
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ARTICLE V - ADMINISTRATION AND ENFORCEMENT
S-1 The Air Pollution Control Bureau
created the Air Pollution Control Bureau of the
Countv Rninn n* * Jubo«l1n«t« and ^ral division of the Cook
County Building Department. Said Bureau is hereby vested with the
administration of this ordinance, and shall consist of the DlreSoY
of the Bureau, AsS1stant Director, Chief Air Pollution Inspector
and such other officers and employees as the County B^ard of Com-'
missioners may designate. The President of the Board of Com-
S? t°TSif C°?k County 1s heret>y Authorized to designate the
Buffing ln9 CornmissiTr as Director of the Bureau? the Deputy
Building Commissioner as Assistant Director, and the Inspection
Supervisor as Chief Air Pollution Inspector who shal exerc se
the duties set forth in this ordinance and who shall served such
SSJ^J1!; *lth01? .additional compensation. In add tion! the Presi-
?S n™2£ 8frd 1S h^eby authori2*d to designate existing BuiTd-
Bu?eau Personnel as employees of the Air Pollution Control
5.1-1 Duties of the Director of the Bureau
The duties or functions of the Director shall be:
a. To supervise the execution of all laws, ordinances,
rules, and regulations pertaining to smoke abatement
and air pollution and contamination control;
b. To institute necessary proceedings to prosecute
violations of this ordinance and to compel the preven-
tion and abatement of the issuance of smoke or gases
solids or liquids, or other matter causing air pollu-
tion, and nuisances arising therefrom;
c. To examine and approve the plans of fuel-burning, com-
bustTon or process equipment or devices, furnaces, and
smoke prevention and air pollution control devices in-
?n n d'co"s^"cted' ^constructed, repaired, or added
to, n any building, location, or on any premises as
herein provided to assure that they are iE accorda ce
with the requirements of this ordinance;
d. Jo caUSe inspections to be made of fuel-burning, com-
bustion, or process equipment or devices, furnaces, and
smoke prevention and air pollution control devices;
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e. To investigate complaints of violations of this ordinance;
f. To encourage and conduct studies, investigations, and
research relating to the physical, chemical, engineering,
and meteorological aspects of air pollution, and its
causes, prevention, control, and abatement as he may
deem advisable and necessary;
g. To develop plans and proposals for joint cooperative
investigation and research with public and private agen-
cies and organizations on methods for eliminating or
reducing air pollution;
h. To enlist voluntary cooperation by the public, munici-
palities, counties, communities, and civic, technical,
scientific, and educational societies;;
i. To advise, consult, and cooperate with other governmen-
tal agencies in the furtherance of the purposes of this
ordinance;
j. To collect, publish, and disseminate appropriate educa-
tional literature and other information to the public
for the purpose of advising of the necessity, purpose,
and methods for smoke control and air pollution pre-
vention and securing cooperation in the reduction of
emission of smoke and other air pollutants;
k. To institute such measures and prescribe such rules and
regulations for the control and guidance of his officers
and employees as shall secure maximum working efficiency,
including the careful examination of drawings and plans
and diligent inspection of all sources of emission;
1. To issue all permits, certificates, notices, or other
matters required under the provisions of this ordinance;
and to notify all persons concerned of any decision he
may render and to provide such persons with an opportunity
to be heard.
m. To promulgate and publish with the advice and consent of
the Technical Advisory Committee SUGGESTED GUIDELINES for
the purpose of abating pollution. These guidelines will
provide, with clarity and in detail, any information by
which an establishment is to be guided in the design and/
or operation of equipment or process.
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5.1-2 Duties of the Assistant Director
^aoslnVo^frec'Jor Snifl^V' the Bu™
2;^irrss;r;'«.~'i.~r
5-1-3 Duties of the Chief Air Pollution Inspector
5-2 Permits and
5-2-1 Application for Installation Pernrit
State Air Poll C 9U]an by the I111nois
5.2-2 Plans and Specifications
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operating characteristics of all equipment set forth in
Section 5.2-1 of this ordinance. More particularly, the
proposed boiler, furnace, fuel burner, air pollution con-
trol equipment, stack, and ducts, together with the des-
cription and dimensions of the building or part thereof in
which such equipment is to be located, including the means
provided for admitting the air for combustion. The character
of the fuel to be used, the maximum quantity of such fuel
to be burned per hour, the operating requirements, and the
use to be made of the equipment shall be stated.
5.2-3 Minor Alterations and Emergency Repairs
a. Minor Alterations Exempted
Installation permits shall not be required for main-
tenance or minor alterations which do not change the
capacity of any fuel burning, combustion, or process
equipment, or adversely affect the emission of smoke,
dust, or fumes therefrom.
b. Emergency Repairs
Emergency repairs which would change the capacity of
any fuel burning, combustion, or process equipment,
or which would involve a change in the method of com-
bustion, or adversely affect the emission of smoke,
dust, or fumes therefrom, may be made prior to the
application for, and the issuance of, a required in-
stallation permit, in the event an emergency arises and
serious consequences would result if the repairs were
to be deferred. When such repair is made in emergency,
application for the installation permit thereof shall
be filed in duplicate by the person or his agency in
the office of the Director on the first business day
following the starting of such work.
5.2-4 Action on Application
An application shall be approved or rejected within 10
days after it is filed in the office of the Director. Upon
the approval of the application and upon the payment of the
prescribed fees, the Director of the Bureau shall issue a
permit for the construction, installation, or alteration
of such equipment.
5.2-5 Compliance with Approved Plans
Without the approval of the Director no construction, in-
stallation, or alteration shall be made which is not in
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noH and other
as issued °" UP°" Whlch the installation permit
5.2-6 Commencement of Work
If construction, installation, or alteration i
5.2-7 Operating Permit
5.2-8 Subsequent Violation
emission of smoke Lt ?L f ' fr°m Prosecution for the
ordinance ' a"d fumes Pro"ibited by this
5-3 Enforcement
5.3-1 General
h 31,« u . — rf ' ' ^-w
nave oeen complied with.
5.3-2 Bureau Liability
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done in the name of and on behalf of Cook County, and the
said Director or representative in so acting for the County
shall not render himself liable personally. He is hereby
relieved from all personal liability from any damage that
may accrue to persons or property as a result of any such
act committed in good faith in the discharge of his duties.
Any suit brought against said Director or his representa-
tive by reason thereof shall be defended by the States
Attorney's office. The director or his representative
shall be save harmless from all costs or fees arising from
such legal action.
5.3-3 Methods of Enforcement
a. Inspection
The Director of the Bureau shall provide for preliminary,
final, and annual inspections of all equipment pertain-
ing to air pollution.
1. Preliminary Inspection
The director shall conduct preliminary inspections
from time to time during construction of the work
for which he has issued an installation permit;
and he shall maintain a record of all such examina-
tions and inspections and of all violations of
this ordinance. The holder of the permit shall be
notified of any violations found.
2. Final Inspection
Upon completion of the equipment for which an in-
stallation permit was issued, and before issuance
of the operating permit required in section 5.2,
a final inspection shall be made and any violations
of the approved plans and installation permit, if
any, shall be noted and the holder of the permit
shall be notified of the discrepancies. All vio-
lations shall be corrected before issuance of the
operating permit.
3. Annual Inspection
An annual inspection of all fuel-burning and com-
bustion equipment exceeding 10 million (10,000,000)
BTU input per hour, all incinerators with a capacity
in excess of 500 pounds per hour, and all process
equipment or devices under the jurisdiction of this.
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ordinance, whether or not a previous operating
permit has been issued by the Director, shall be
made to see that such equipment and plant can be
operated within the provisions of the ordinance
Upon notice that the equipment has been found to
comply with the provisions of the ordinance, and
after payment of the prescribed fee, the Director
shall issue a certificate of operation, which
shall be posted in a conspicuous place within the
plant. If, at the time of the annual inspection,
it is found that the equipment is in such condition
that it cannot be operated within the provisions
of the ordinance, the Director shall give notice
in writing to the person owning, operating, or in
charge of such equipment of the defects found and
order to correct, repair, or replace the defective
equipment. Failure to comply with this order
within 30 days from its date shall be a violation
of this section and the Director is hereby authorized
to seal the equipment. No person shall violate the
seal on any equipment that has been sealed at the
direction of the Director of the Bureau unless
authorized by him in writing to do so.
b. Sealing of Equipment
1. Citation, Hearing and Sealing
(a) After any person has been previously
notified of three (3) or more violations
of this ordinance within any consecutive
12 month period in respect to the emission
of smoke, particulate, or other matter by
the same piece of equipment in excess of
the emission limitations herein provided
or in respect to violations of other re-
quirements provided in this ordinance,
such a person shall be notified in writing
to show cause before the Director on a
day certain, not less than 20 days from
date of service of such notice, why the
equipment or process causing such viola-
tions should not be sealed. This last
notice herein provided for may be aiven by
mail directed to the last known address
of the person to be notified, or if such
person or his whereabouts is unknown, then
by posting a notice on or near the premises
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at which the violations shall have
occured. Upon the date specified in the
notice such person may appear at such
hearing in person or by representative,
with or without counsel. If such person
fails to appear at such hearing or if upon
such hearing the Director shall find and
determine that the violations are due to
defective equipment or equipment which is
incapable of being operated with the maxi-
mum emission limitations established by
or under this ordinance, or that corrective
measures previously ordered by the Director
have not been employed to eliminate the
causes producing the violations, he may
enter an order revoking any certificate
or permit outstanding for such equipment
or process and directing that the same be
sealed by an inspector or other authorized
agent of the Director. In making the
finding and determination hereinabove re-
ferred to, the Director shall, in the case
of smoke density or opacity measurements,
take into consideration whether the equip-
ment is capable of being operated within
the particulate matter limitations pro-
vided in Table 6 of this ordinance.
(b) Upon notice and hearing, if notice and
hearing has not previously been provided,
the Director may order that the use of any
fuel-burning, combustion, or process equip-
ment or device shall be discontinued and
may seal such equipment or process:
(i) When a certificate of operation is
refused in the case of any original,
annual, or subsequent inspection,
because the person required to pro-
cure such certificate has not com-
plied with the provisions of this
ordinance;
(ii) In the case of movable equipment, or
portable boilers, or vehicles, when
immediate correction of a condition
causing a violation of this ordinance
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is not made by the operator of such
equipment, portable boiler, or vehicle
when ordered to do so by the Director
or his authorized representative.
2. Breaking of the Seal
Whenever, in connection with the enforcement of this
ordinance, any fuel-burning, combustion or p?ocesS
equipment or device, or any plant, building,
structure, premises, portable boiler, or vehicle
has been sealed at the direction of the olrecto?'
the seal shall not be broken or removed except on
written order of the Director. The breakinq or
vSon°fo?^-Seal,Wlth0ut "
violation of this ordinance.
Right of Entry
such oresna a
St °f hl'S dut1es' the D1rector or
to eS2 i?d inspector sha11 ^ve the authority
to enter, at any reasonable hour, any buildino
' "
ad°pt a bad9e of office for him
representatives which shall be dis-
for the purpose of identification.
3' IonaaSSlS!ianc! and co°Peration of health, police
legal and other officers shall be available tl
duties °r aS reqm>ed in the Performance of his
d. Complaints and Reports
e. Persons Liable
rents, and any other person managing or
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controlling a building or premises, in any part of
which there is a violation of the provisions of this
ordinance, shall be liable for any violation therein,
existing or occurring, or which may have existed or
occurred, at or during any time when such person is
or was the person owning or managing, controlling, or
acting as agent in regard to said buildings or pre-
mises. Wherever used in the provisions of this ordi-
nance, the "owner" shall include any person entitled
under any agreement to the control or direction of
the management or disposition of the building or pre-
mises or of any part of the building or premises where
the violation in question occurs.
The liabilities hereunder imposed on an owner shall
attach to a trustee under a land trust, holding title
to such building, structure, or premises without the
right of possession, management, or control, unless
said trustee in a proceeding under said provisions
of this ordinance discloses in a verified pleading or
in an affidavit filed with the court, the name and last
known address of each person who was a beneficiary of
the trust at the time of the alleged violation and of
each person, if any, who was then acting as agent for
the purpose of managing, controlling, or collecting
rents, as the same may appear on the records of the
trust.
f. Penalty Clause
Any person, firm or corporation, or agents, employees
or contractors of such, who violate, disobey, omit,
neglect, or refuse to comply with or who resist enforce-
ment of any of the provisions of this ordinance, shall
be subject to a fine of not more than five hundred
dollars ($500.00) of imprisonment for not more than six
(6) months, or both, for each offense, and each day a
violation continues to exist shall constitute a
separate offense.
5.4 Variances
The Director of the Bureau is hereby given authority for the granting
of individual variances for any fuel-burning, combustion, or process
equipment or device, beyond the limitations prescribed in this ordin-
ance whenever it is found, upon the presentation of adequate proof,
that compliance with any provision of this ordinance or other ordinance
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relating to atmospheric pollution, or any rule, regulation, require-
ment, or order of the Director, will result in an arbitrary and un-
reasonable taking of property or in the practical closing and
elimination of any lawful business, occupation, or activity, in
either case without a sufficient corresponding benefit or advantage
to the people in the reduction of atmospheric pollution; in such case,
there shall be prescribed other and different requirement, not more
onerous, applicable to plants or equipment involved.
5.5 Appeals
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 by the Director, may take
an appeal to the Environmental Control Appeal Board. Such appeal
shall be taken within 30 days after receiving notice of such decision,
ruling, requirement, rule, regulation, or order, or failure to act
upon request within a reasonable period, by filing with the Director
a notice of appeal directed to the Environmental Control 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 shall set a date for the
hearing, and shall give notice thereof by mail to the interested
parties. 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 decision, ruling, requirement, rule, regula-
tion, or order of the Director, or order him to act. The decision
of the Environmental Control Appeal Board shall be binding on the
Director.
5.5-1 Apeal Board
An Appeal Board, consisting of five members, is hereby
established. The members shall be appointed for a term
of two years, by the consent of the President of the
County Board of Commissioners, and one of said members
shall be designated as Chairman by the President of the
County Board of Commissioners. A Secretary of the Board
shall be designated by the Chairman. Of the initial
appointed Appeal Board, two members shall serve for one
year, two members for two years, and one member for three
years. The compensation of each member of the Appeal
Board shall be as set forth in the annual appropriation
of the County of Cook.
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a. Qualifications
The members of the Appeal Board shall be chosen from
among the following professions and occupations: law;
medicine; engineering; science; business; and labor.
Each member shall have had no less than five years of
experience in his particular profession or occupation
and where licenses or permits are requried in order to
pursue said profession or occupation, he shall be the
prossessor of a current State of Illinois permit.
5.6 Period of Grace
In the event any person is compelled to, or deems it advisable to,
install any new equipment, processes, or devices, applicances, means,
or methods, including needed control equipment, in order to comply
with any provision of this ordinance, and exemption from the opera-
tion of this ordinance ts reasonably necessary in order to allow
sufficient time for such installation, such exemption may be granted
by the Director 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 device,
or apparatus, to operate the same in complete compliance with the
requirements of this ordinance, and stating evidence satisfactory
to the Director 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 Director 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 by nature and extent
thereof, and upon the finding by the Director on investigation by
him of the facts, that said complaint is well grounded, the Director
is authorized to permit the operation of such plant, fuel-burning,
combustion or process equipment or device, or apparatus, for a reason-
able period of time within which period necessary equipment, process,
device, means or methods, or control equipment, is to ts acquired and
installed; provided, however, that the Director is empowered to
grant further reasonable extensions of time upon proof of extenuating
circumstances, and that an order of the Director denying a complaint
for a period of grace or an extension of time shall be subject to
review by the Appeal Board, as hereinabove provided. During any
such granted period, such persons shall not be subject to the fines
and penalties hereinafter provided for the non-compliance sought to
be remedied; if, however, such person willfully fails in the time
allowed to conform with the applicable provision or provisions of
this ordinance, or to comply with his assurance and agreement, he
shall be subject to all applicable fines and penalties herein pro-
vided dating from the date of the beginning of the said period or
perioas.
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It shall be the duty of such person to notify the Director immediately
of the completion of such installation.
5.7 Abatement of Nuisances
5.7-1 Nuisance - Abatement
a. Any emission of smoke, particulate matter (gaseous,
liquid, or solid) from any single source in excess of
the limitations established in or pursuant to the pro-
visions of this ordinance shall be deemed and is hereby
declared to be a public nuisance, and may be summarily
abated by the Director. Such abatement may be in
addition to the administrative proceedings herein
provided.
b. The Director is further empowered to institute legal
proceedings for the abatement or prosecution of emis-
sions of smoke, particulate, or other matter which
causes injury, detriment, nuisance, or annoyance to
the public or endangers the health, comfort, safety,
or welfare of the public, or causes or has a natural
tendency to cause injury or damage to business property.
Such abatement may be in addition to the administrative
proceedings herein provided.
5.7-2 Nuisance - Preservation of Common Law Rights
Nothing in this ordinance shall be construed to impair any
cause of action, or legal remedy therefor, of any person
or the public for injury or damage arising from the dis-
charge, 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, odors, toxic or radioactive
substances, waste, particulate, solid, liquid, or gaseous
matter, or any other materials in such place, manner, or
concentration as to constitute atmospheric pollution, or
a common law nuisance.
5.8 Amendments
The Cook County Board of Commissioners may, from time to time,
amend the provisions or regulations contained in this ordinance, for
the purpose of promoting the public health, safety, morals, comfort,
and general welfare.
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5.9 Fees
Fees required for permits, certificates, and inspection of equipment
and other sources of emission shall be established by separate re-
solution of the Cook County Board of Commissioners. All fees shall
be collected by the Director of the Bureau for deposit with the County
Treasurer.
5.10 Advisory Committee
There is hereby established an Advisory Committee to consult with,
assist, and advise the Director of the Cook County Air Pollution
Control Bureau on all matters relating to the jurisdiction and re-
sponsibility of this Bureau. The Advisory Committee shall consist
of (9) members - one member shall be the Director of the Cook County
Air Pollution Control Bureau, who shall be Chairman - one member
shall be the Director of the Cook County Health Department - one
member shall be the Director of the Cook County Civil Defense - one
member shall be the Superintendent of the Forest Preserve District -
one member shall be the Superintendent of the Cook County Highways -
one member shall be the Chairman of the Cook County Zoning Board of
Appeals, and three to be appointed by the President of the County
Board, one of which must be an Engineer of Ecology.
All shall be residents of the County of Cook.
The Committee shall:
1. Aid and advise the Director with respect to ob-
taining the active support and cooperation of in-
dustry, commercial enterprises, municipal and gov-
ernmental agencies and other organizations inter-
ested in or affected by the provisions of this
section.
2. Advise and consult with the Director with respect
to amendments to this section considered appropriate
by reason of research conducted in accordance with
section hereof, or as otherwise provided.
3. Advise and consult with the Director with respect
to the membership of the Advisory Sub-committees.
4. Attend meetings called by the Chairman from time
to time.
5. Institute, support, and encourage such programs
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for research and education in the field of ambient
air control.
6. With the Director, appoint appropriate sub-
committees to carry out such research programs as
is deemed appropriate.
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ARTICLE VI - SMOKE AND PARTICIPATE MATTER
6.1 General
6.1-1 Compliance With Performance Standards
Any use of equipment, devices, or processes which emit
smoke and/or participate matter into the atmospere shall
comply with the performance standards governing smoke
and particulate matter set forth hereinafter for the
control zone in which such use shall be located, as es-
tablished in Table 6, herein.
6.1-2 Compliance With Other Standards
In addition to the performance standards specified herein,
the smoke and particulate matter emissions shall also
meet the standards for toxic matter and noxious and odor-
ous matter indicated in Articles Vll and Vlll, respectively.
6.1-3 Compliance With State Standards
Smoke and particulate matter emissions shall comply
with the "Rules and Regulations Governing the Control of
Air Pollution" as issued by the State of Illinois Air
Pollution Control Board. In case of overlapping or con-
flicting requirements, the more restrictive shall apply.
6.2 Smoke Density Opacity Standards
6.2-1 Method of Measurement
Density or equivalent opacity of smoke shall be measured
by the Ringelmann Chart, published and used by the United
States Bureau of Mines. Measurements shall be observed
at the point of greatest density, except where particulate
matter is obscurred by steam (condensed water vapor).
6.2-2 Maximum Density Allowed
The emission of smoke or particulate matter of a desnity
equal to or greater than No. 2 on the Ringelmann Chart is
prohibited at all times, except as provided for hereinafter.
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6.2-3 Performance Standards by Control Zone
Smoke density emission shall conform to the requirements
of Table 6 according to the control zone location of the
source.
6.3 Particulate Matter Standards
6.3-1 General
Particulate matter emission into the atmosphere shall be
relative to lot size and location.
6.3-2 Size Limitations
The emission from all sources within any lot area of parti-
cipate matter containing more than 10 percent by weight of
particles having a diameter larger than 44 microns is pro-
hibited.
6.3-3 Maximum Weight of Emission
The total emission weight of particulate matter from all
fuel-burning, combustion, or process equipment or devices
within the boundaries of any lot shall not exceed those
values given in Table 6. In addition, the State of Illinois
Regulations relating to particulate matter shall be com-
plied with. In the case of overlapping or conflicting
requirements, the more restrictive shall apply.
6.3-4 Method of Measurement
Determination of the total net rate of emission of particu-
late matter within the boundaries of any lot shall be made
as follows:
a. Determine the maximum emission in pounds per hour from
each source of emission and divide this figure by the
number of acres of lot area - thereby obtaining the
gross hourly rate of emission in pounds per acre.
b. From each gross hourly rate of emission derived in (a),
above, deduct the correction factor (interpolating as
required) for height of emission set forth in the table,
thereby obtaining the net rate of emission in pounds
per acre per hour from each source of emission.
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Allowance for Height of Emission*
Height of Emission Correction
Above Grade (Feet) (Pounds Per Hour Per Acre)
50 0.01
00 0.06
150 g in
200 o ifi
300 o'30
400 050
* Interpolate for intermediate values not shown in table.
ZONE 2
as" StSlRhS^/I6? ^C-Ud!u ^6 f2 and M4 Ma""^cturing Districts,
as established and defined in the Cook County Zoning Ordinance In
incorporated areas includes any General Manufacturing Di ?r?ct other
as def ne! in JS "Cf- V6hf
-------
Al 1owance for Height of Emission*
Height of Emission
Above Grade (Feet)
50
100
150
200
300
400
Correction
(Pounds Per Hour Per Acre)
0
0.5
0.8
1.2
2.0
4.0
* Interpolate for intermediate values not shown in table.
ZONE 3
In unincorporated areas includes the M3 Manufacturing District as
established and defined in the Cook County Zoning Ordinance. In
incorporated areas includes heavy Manufacturing Districts or the
most intensive Manufacturing Districts as defined in the applicable
local zoning ordinance.
SMOKE In Zone 3, the emission of more than 76 smoke units per
DENSITY hour per stack is prohibited, including smoke of an
intensity equal to or greater than Ringelmann No. 2.
However, once during any two-hour period each stack
may emit up to 92 smoke units - not to exceed Ringel-
mann No. 2 - for blowing soot and for cleaning fires.
Only during fire-cleaning periods, however, shall
smoke up to Ringelmann No. 3 be permitted, and then for
not more than six (6) minutes per period.
PARTICULATE The rate of emission of particulate matter from all
MATTER sources within the boundaries of any lot shall not
exceed a net figure of eight (8) pounds per acre during
any one hour, after deducting from the gross hourly
emission per acre the correction factor set forth in
the following table:
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Allowance for Height of Emission*
Height of Emission Correction
Above Grade (Feet) [Pounds Per Hour Per Acre)
50 0
100 0.5
150 15
200 2!4
300 4*0
400 3.'0
interpolate for intermediate values not shown in table.
6.3-5 Tests of Fuel-Burning, Combustion or Process Equipment
The Director is hereby authorized to conduct, or cause
to be conducted, any test or tests as may be necessary
to determine the extent of particulate matter and/or any
other discharge 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 described
by or under this Ordinance. Tests shall be made and the
results calculated in accordance, where applicable, with
American Society of Mechanical Engineers Power Test Codes,
entitled "Determining Dust Concentration in a Gas Stream
PTC-27-1957" procedures as revised from time to time or
in accordance with modified procedures published by the
Department. 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 equip-
ment or device is located shall be made after written
notice to, and with the cooperation of, the owner or
operator. The cost of any test or tests and calculations
shall be a debt due the County from any person responsible
as owner, operator or otherwise of such fuel-burning, com-
bustion or process equipment or device in all cases when
such test or tests shall have proved any emission of
particulate matter in violation of any provision of this
Ordinance, and such unpaid debt shall be recoverable in
court of competent jurisdiction. If any such emission
is shown by such test or tests within the limits of
emission prescribed in this Ordinance, the cost of such
test or tests shall be charge to the annual appropriation
of the Department.
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6.4 Open Burning
The open burning of refuse, paint, oil, automobiles, debris, or any
other combustible material within Cook County, except within the
corporate limits of the City of Chicago and such minicipalities
certified as exempt from State regulation by the Illinois State Air
Pollution Control Board, shall be prohibited; with the exception of
fires, in conjunction with holiday and festive celebrations and
other special occasions, or the burning of dead or diseased vegeta-
tion or similar debris when no other method of disposal is feasible,
set and attended by personnel trained in fire-fighting techniques,
fire containment, and the use of fire-fighting equipment. Such
fires shall be allowed only in accordance with the Rules and Regu-
lations Governing Air Pollution issued by the State of Illinois
Air Pollution Control Board and authorized by a special permit
issued by the Director of the Bureau.
6.5 Materials Subject to Becoming Windborne
6.5-1 General
Dusts and other types of air pollution borne by the wind
from such sources as storage areas, yards, roads, and so
forth within lot boundaries shall be kept to a minimum by
such measures as wetting piles, landscaping, paving, oil-
ing, or other acceptable means.
6.5-2 Handling
It shall be unlawful for any person to cause or permit the
handling, loading, unloading, reloading, storing, trans-
ferring, transporting, placing, depositing, throwing, dis-
carding, or scattering of any ashes, fly ash, cinders,
slag, or dust collected from any combustion process, any
dust, dirt, chaff wastepaper, trash, rubbish, waste, or
refuse matter of any kind or any other substance or material
whatever which is likely to be scattered by the wind, or
is susceptible to being windborne without taking reasonable
measures or precautions so as to minimize atmospheric
pollution or nuisance to other property.
6.5-3 Storage
It shall be unlawful for any person to operate or maintain
or cause to be operated or maintained any building, structure,
or premises, open area, right-of-way, storage pile of
materials, vessel, or vehicle, or construction, alteration,
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building, demolition or wrecking operation, or any other
enterprise which has or involves any matter, material, or
substance likely to be scattered by the wind or suscep-
tible to being windborne, without taking reasonable pre-
cautions or measures so as to minimize atmospheric pol-
lution nuisance to other property.
6.5-4 Surfacing of Roads and Vehicle Areas
No person shall maintian or conduct, or cause to be main-
tained or conducted, any parking or automotive or machinery
sales lot, or any private roadway unless such real property
is covered or treated with a surface or substance or
otherwise maintained in such manner as to minimize atmos-
pheric pollution or nuisance to other property.
6.5-5 Trucks carrying material subject to becoming airborne
shall be operated in such a manner as to keep such airborne
material to a minimum by such measures as wetting the load,
covering the load with canvas, lessening the load, or
other acceptable means.
6.6 Incineration
The basic limitation on the average emission into the atmosphere of
particulate matter from an incinerator shall be 0.20 grains per
cubic foot of gas at standard conditions. These calculations are
to be made at 50% excess air and are to be the result of tests con-
ducted in the field under field conditions according to procedures
prescribed by the Director, cost of which shall be assumed by the
owners if emissions exceed allowable limits. All existing incinera-
tors shall meet the limitations set forth in this section on and
after 130 days after adoption of this section and all new equipment
shall meet the limitations upon installation.
6.7 Condensible Emissions
Emissions other than water vapor from any sources that are liable
to generate or evolve into particulate form through phase change
or other transformation from a gas or liquid form shall be deemed
to be particulate matter at the emission point.
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ARTICLE VII - TOXIC MATTER
No activity or operation shall cause, at any time, the discharge of
toxic matter into the atmosphere in such concentrations as to be
detrimental to or endanger the public health, safety, or welfare,
or cause injury or damage to property or business or be needlessly
destructive of any insect, plant, or animal life which contributes
to the general welfare.
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ARTICLE VIII - NOXIOUS AND ODOROUS MATTER
8.1 General
The emission of noxious and odorous matter in such manner or
quantity as to be detrimental to or endanger the public health,
comfort, or welfare is prohibited.
8.2 Odor-Performance Standards
8.2-1 In addition to the requirements of Section 8.1, odorous
matter shall meet the requirements of Table 8, below.
TABLE 8
EMISSION OF ODOROUS MATTER
By Control Zone
ZONE 1
In unincorporated areas includes all Residential and Business Districts
and the Ml Manufacturing District, as established and defined in the
Cook County Zoning Ordinance. In incorporated areas, includes Residential
Business and Restricted Manufacturing Districts, or, the most restric-
tive Manufacturing District as defined in the applicable local zoning
ordinance.
The emission of matter in such quantities as to be readily detectible
as odorous matter at any point at or beyond lot lines is prohibited.
ZONE 2
In unincorporated areas, includes the M2 and M4 Manufacturing
Districts, as established and defined in the Cook County Zoning
Ordinance. In incorporated areas includes any General Manufactur-
ing District other than the most restrictive and most intensive
Manufacturing District as defined in the applicable local zoning
ordinance.
The emission of matter in such quantities as to be readily detectible
as odorous matter at any point at or beyond district boundary lines
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when diluted in ratio of one (1) volume of odorous air to four (4)
volumes of odor-free air is prohibited.
ZONE 3
In unincorporated areas includes the M3 Manufacturing District as
established and defined in the Cook County Zoning Ordinance. In
incorporated areas includes heavy Manufacturing Districts or the most
intensive Manufacturing Districts as defined in the applicable local
zoning ordinance.
The emission of matter in such quantities as to be readily detectible
as odorous matter at any point at or beyond district boundary lines
when diluted in ratio of one volume of odorous air to twenty (20)
volumes of odor-free air is prohibited.
8.2-2 The odor of growing trees, shrubs, plants, flowers, grass,
and cut grass left in place shall be exempt from the provisions of
Table 8.
8.3 Internal Combustion Engines
No person shall operate or cause to be operated upon any street,
highway, public place, stream, or waterway, or any private premises,
any internal combustion engine of any motor vehicle, boat, or other
vehicle, while stationary or moving, which emits from any source
unreasonable and/or excessive smoke, obnoxious, or noxious gases,
fumes, or vapors.
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CITY OF GRANITE CITY, ILLINOIS
AIR POLLUTION REGULATIONS
Section 1 - Definitions
The following terms as used in this Ordinance shall, unless the
context otherwise requires, have the following meanings:
.a. Air Contaminant
"Air Contaminant" is particulate matter, dust, fumes, gas,
mist, smoke or vapor, or any combination thereof.
b. Air Contaminant Source
"Air Contaminant Sourts: is any and all sources of emission
of air contaminants whether privately or publicly owned
or operated. Without limiting the generality of the fore-
going, this term includes all types of businesses, commercial
and industrial plants, works, shops and stores, and heating
and power plants and stations, building and other structures
of all types, including single and multiple family resi-
dences, apartments, houses, office buildings, hotels, motels,
restaurants, schools, hospitals, churches and other insti-
tutional buildings, automobiles, trucks, buses and other
motor vehicles, garages and vending and service locations
and stations, railroad locomotives, portable fuel burning
equipment, incinerators of all types, indoor and outdoor,
refuse dumps and piles, and all stack and other chimney
outlets from any of the foregoing.
c. Air Pollution
"Air Pollution" is presence in the outdoor atmosphere of
one or more air contaminants in sufficient quantities and
of such characteristics and duration as to be injurious to
human, plant or animal life or to property, or which un-
reasonably interfere with the enjoyment of life and pro-
perty, or in excess of the specifice limitations established
herein.
d. ASME
"ASME" is the American Society of Mechanical Engineers.
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establishments, is not to be construed as included under
this designation.
k. Fuel-Burning, Combustion or Process Equipment or Device
"Fuel-Burning, Combustion or Process Equipment or Device" is
any furnace, incinerator, boiler, fly-ash collector, electro-
static precipitator, smoke arresting or prevention equip-
ment, stack, chimney, or structure used for the burning of
fuel or other combustible materials, or for the emission of
products of combustion, or used in connection with any pro-
cess which generates heat which may emit products of com-
bustion.
1. Person
"Person" is any individual, partnership, co-partnership,
firm, company, corporation, association, joint stock company,
trust, estate, political subdivision, or any other legal
entity, or their legal representative, agent or assigns.
m. Open Air
"Open Air" is all spaces outside of buildings, stacks or
exterior ducts.
n. Open Fire
"Open Fire" is any fire from which the products of combustion
are emitted directly into the open air without passing
through a stack or chimney.
o. Particulate Matter
"Particulate Matter" is material, other than water, which
is suspended in or discharged into the atmosphere in a
finely divided form as a liquid or solid at stack conditions.
p. Processes or Process Equipment
"Processes or Process Equipment" is any action, operation,
or treatment embracing chemical, industrial, or manufactur-
ing factors, such as heat treating furnaces, by-product
coke plants, corebaking ovens, mixing kettles, cupolas,
blast furnaces, open hearth furnaces, heating and reheating
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furnaces, puddling furnaces, non-ferrous foundaries, kilns,
stills, dryers, sprayers, roasters, and equipment used in
connection therewith and all other methods or forms of
manufacturing or processing which may emit air contaminants.
q. Radioactive Material
"Radioactive Material" is any material, solid, liquid,
or gas, that emits ionizing radiation spontaneously.
r. Ringelmann Chart
"Ringelmann Chart" is a chart for grading the apperance,
density, or shade of smoke, as currently published, with
instructions for use, by the United States Bureau of Mines.
s. Smoke
"Smoke" is small gas-borne particles, other than water
that form a visible plume in the air from an air contami-
nant source.
t. Standard Conditions
"Standard Conditions" is a gas temperature of 60 degrees
Fahrenheit and a gas pressure of 30 inches mercury absolute.
u. Technical Secretary
"Technical Secretary" is the Technical Secretary of the
Air Pollution Control Board.
Section 2 - Air Pollution Prohibited
The discharge into the outdoor atmosphere of air contaminants so
as to cause air pollution and create a public nuisance is contrary
to the public policy of the State of Illinois and of the City of
Granite City, Illinois, and in violation of this Ordinance.
Section 3 - Air Pollution Control Board
An Air Pollution Control Board is hereby created, and its members
shall be appointed by the Mayor with the approval of the City
Council. The Air Pollution Control Board shall consist of nine (9)
members. Not more than two (2) members of said Board shall hold
any public office. Three (3) members shall be appointed for a term
of one year; three (3) members shall be appointed for a term of
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two years; and three (3) members shall be appointed for a term of
three years. Upon expiration of any term, simple majority of the
members of the Board.
Section 4 - Administration and Enforcement
a. General Policy
The administration and inforcement of this Ordinance shall
be conducted by the Technical Secretary, with the study,
appeal, and final determination functions being performed
by the Air Pollution Control Board, all in accordance with
the policies hereinafter provided:
1. It is the intent and purpose of this Ordinance to main-
tain purity of the air resources of the City of Granite
City consistent with the protection of normal health,
general welfare and physical property of the people,
maximum employment and the full industrial development
of the City. The Technical Secretary and the Board
shall seek the accomplishment of these objectives
through the prevention, abatement and control of air
pollution by all practical and economically feasible
methods.
2. The policy of the City of Granite City is further de-
clared to be that through cooperative effort, the
Technical Secretary and the Board shall continually
strive in collaboration with representatives of all
affected persons to diminish air pollution and promote
sound air pollution control practices.
3. In making recommendations, orders and determinations
hereunder, the Technical Secretary and the Board shall
take into consideration all the facts and circumstances
bearing upon the reasonableness of the emissions in-
volved, including, but not limited to:
(a) The character and degree of injury to, or inter-
ference with the protection of the health, general
welfare and physical property of the people;
(b) The social and economic value of the air pollution
source;
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(c) The suitability or unsuitability of the air
pollution source to the area in which Tt "is lo-
cated, including the question of priority of
location in the area involved, and,
(d) The technical practicability and economic reason-
ableness of reducing or eliminating the emissions
resulting from such air pollution source.
b. Powers and Duties of the Technical Secretary
In addition to any other powers and duties vested in him
by other provisions of this Ordinance, the Technical
Secretary shall have the following powers and duties:
1. The Technical Secretary, or his authorized repre-
sentative, shall attend all meetings of the Board.
2. The Technical Secretary, or his authorized represen-
tative shall, during the interim between meetings of
the Board, handle such correspondence, make or arrange
for such inspections and investigations, and obtain,
assemble or prepare such reports and
3. The Technical Secretary shall exercise general super-
vision over all persons employed by the City engaged
in air pollution abatement.
4. The Technical Secretary shall have the power to grant
permits for the installation of new equipment capable
of becoming a source of air pollution under the rules
and regulations of this Ordinance. Upon the refusal
of the'Technical Secretary to grant such a permit
after request therefor, any person requesting such an
installation permit shall be entitled to a hearing be-
fore the Board, meeting the requirements of Section 4
(d) hereof.
5. The Technical Secretary shall be responsible for the
investigation of complaints of alleged violation of
this Ordinance, and for this purpose he may enter at
reasonable hours upon and into any lands, buildings,
establishments, premises and enclosures, except the
administrative offices of any person and private re-
sidences, which he has reasonable cause to believe may
be an air pollution source of emissions of air contami-
nants causing air pollution. In this connection, he
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may make examinations and tests and take samplings in
order to determine the extent to which air contaminants
may be escaping from the suspected air pollution source
into the outdoor atmosphere.
6. The Technical Secretary may request and receive the
technical assistance of the Air Pollution Control Board
of the State of Illinois, any State or City educational
institution, experiment station, board, department or
other agency when it is deemed reasonably necessary to
carry out the provisions of this Ordinance.
7. The Technical Secretary may request the City Council
for such additional consultants and technical assistants
as may be reasonably necessary to carry out the pro-
visions of this Ordinance.
c. Powers and Duties of the Board
In addition to any other powers and duties vested in it by
other provisions of this Ordinance, the Board shall have
the following powers and duties:
1. Prepare and develop a general comprehensive plan for
the prevention, abatement or control of air pollution,
recognizing varying requirements for different areas
of the City.
2. Hold hearings upon petitions for variance, upon appeals
from denial by the Technical Secretary of installation
permits, and upon formal complaints of violations of
this Ordinance, issued by the Board after filing by the
Technical Secretary, as provided in Sections 6, 11,
and 4 (d) respectively. In making final determinations
and orders in these hearings, the Board shall have the
power to overrule or uphold the recommendation or prior
determination of the Technical Secretary.
3. Study the problem of air pollution control within the
jurisdiction of the City and, from time to time, re-
commend to the Mayor and City Council appropriate means
of air pollution abatement, including needed additions
to or revisions of this Ordinance. In this regard, it
shall be the duty of the Chairman of the Air Pollution
Control Board to name members of the Board to act as
Chairmen of technical subcommittees. The Chairmen of
the technical subcommittees shall select their own sub-
committee members to be drawn from the technical talent
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of industry and science. Each subcommittee shall study
one or more phases of air pollution control. The sub-
committees shall make annual reports of their findings
and recommendations to the Board. The Board shall sub-
mit an annual report to the Mayor and City Council.
4. Prior to making recommendations to the City Council on
amendments to this ordinance, the Board shall hold a
public hearing to determine the effect of such proposed
amendments on the protection of normal health, general
welfare and physical property of the people, maximum
employment and the full industrial development of the
city. Notice of the time and place of the hearing shall
be given by publication in a newspaper published in the
City of Granite City, Illinois, which notice shall be
published not more than thirty nor less than fifteen
days before such hearing.
d. Determination of Violations
If, in the opinion of the Technical Secretary, investiga-
tion discloses that a violation does exist in fact, he
shall by conference, conciliation and persuasion endeavor
to the fullest extent possible to eliminate such violation.
In the case of failure by conference, conciliation, and
persuasion to correct or remedy any claimed violation, and
the filing by the Technical Secretary of a formal complaint
with the Board, the Board may cause to have issued and
served upon the person complained against a written notice,
together with a copy of the formal complaint, which shall
specify the provisions of this Ordinance which said person
is said to be in violation, and a statment of the manner
in, and the extent to which such persons is said to violate
this Ordinance, and shall require the person so complained
against to answer the charges of such formal complaint of
a hearing before the Board at a time not less than 30 days
after the date of notice. The respondent to such a formal
complaint may file a written answer or reply thereto and
may appear at such hearing in person or by representative,
with or without counsel, and may make oral argument, offer
testimony or cross-examine witnesses or take any combina-
tion of these actions. The Board at its expense shall
provide a stenographer to take the testimony and preserve
a record of all proceedings under this section.
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The formal complaint, the notice of hearing,
the answer or reply, the petition for variance,
the request for permit, all other documents
in the nature of investigation reports, state-
ments, notices and motions filed in the proceed-
ings, the transcript of testimony and the find-
ings of fact and decisions shall be the record
of the proceedings. The Board shall furnish
a transcript of such record to any 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 there-
of. However, the charges of any part of such
transcript ordered and paid for previous to
the writing of the original record shall be
twenty-five cents per page.
After due consideration of the written and oral statements,
and testimony and arguments that shall be submitted at the
hearing upon such complaint, or upon default in appearance
of the respondent on the return day which shall be specified
in the notice given as provided in this subsection, the Board
shall make such final determination as it shall deem appro-
priate under the circumstances, giving due regard to the
matters required to be considered in Section 4 (a) hereof.
The Board shall recommend appropriate action to the Mayor
and Technical Secretary and shall immediately notify the
respondent of this recommendation in writing by registered
mail. Any final order or determination or other final action
by the Board shall be approved in writing by at least 5
members of the Board.
e. Failure of Technical Secretary or Board to Act.
Upon the failure of the Technical Secretary or the Board to
take action within 60 days after a request for installotion
permit, petition for variance, or formal program of abate-
ment or upon the failure of the Board to enter a final order
or determination within 60 days after the final argument in
any hearing under Section 4 (d), the person seeking any of
such actions shall be entitled to treat for all purposes
such failure to act as a grant of the requested permit,
variance or formal program of abatement or of a finding favor-
able to the respondent in any hearing under Section 4 (d)
hereof, as the case may be.
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f. Air Pollution Solely Within Commecial and Industrial Plants
Nothing contained herein shall be deemed to grant to the
Technical Secretary or the Board any jurisdiction or authority
with respect to air pollution existing solely within com-
mercial and industrial plants, works or shops or to affect
the relations between employers and employees with respect
to or arising out of any condition of air pollution.
g. No Fees by the Technical Secretary or Board
No fees shall be charged by the Technical Secretary or the
Board for the performance of any of their respective func-
tions under this Ordinance except as specified in Section 8.
Section 5 - Formal Programs of Air Pollution Aba_teincnt
In keeping with the General Policy of the Ordinance contained in
Section 4 (a), all persons responsible for operating commercial or
industrial plants, works, shops, facilities or equipment which were
constructed prior to the enactment of this Ordinance may submit to
the Board a formal program of air pollution abatement which shall
schedule over a period of time, which is reasonable under the circum-
stances, either a continued installation of gas cleaning devices or
the replacement of specified facilities. The Board shall review the
formal program submitted by such affected persons, and after having
considered all factors in Section 4 (a) above, shall approve or dis-
approve the program. After the board has approved the program by
resolution, the owner of said facilities shall not be in violation
of this Ordinance so long as said program is complied with. Reports
of the status of these gas cleaning programs shall be submitted
annually by the applicant to the Board."
Section 6 - Variances
The Board may grant individual variances beyond the limitations pre-
scribed in this Ordinance whenever it is found, upon presentation of
adequate proof, that compliance with any provisions of this Ordinance,
or any rule or regulation, requirement or order of the Board, will
result in an arbitrary and unreasonable taking of property or in
the practical closing and elimination of any lawful business, occu-
pation or activity, in either case without sufficient corresponding
benefit or advantage to the people. Any variance granted pursuant
to the provisions of this section shall be granted for a period of
time, not exceeding one year, as shall be specified by the Board at
the time of the grant of such variance. Such variance may be
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extended from year to year by affirmative action of the Board.
Any person seeking a variance shall do so by filing a petition for
variance with the Board. While the Board may grant such a variance
without a hearing, if the Board concludes that a hearing would be
advisable or if the petition is denied, then a hearing shall be held
as provided in Section 4 (d), hereof.
Section 7 - Rules and Regulations
'The Rules and Regulations Governing the Control of Air Pollution'
as adopted by the State of Illinois Air Pollution Control Board on
March 26, 1965, amended March 30, 1967, shall be and are the Rules
and Regulations applicable in the administration and enforcement
of this ordinance. And said 'Rules and Regulations Governing the
Control of Air Pollution' as adopted by the State of Illinois Air
Pollution Control Board on March 26, 1965, amended March 30, 1967,
are hereby adopted by reference and are hereby incorporated in
this ordinance in their entirety by reference as the Rules and
Regulations applicable in the administration and enforcement of
this ordinance, all in accordance with the provisions of an act of
the legislature of the State of Illinois known as 'An Act Authoriz-
ing Municipalities to Incorporate by Reference the Provisions of
Nationally Recognized Technical Codes and Public Records' approved
July 16, 1953.
Section 8 - Permits and Fees
This section shall apply to the issuing of permits and charging of
fees for:
a. All types of fuel-burning equipment except vehicles.
b. Radioactive emissions.
No person shall construct, install, alter, or operate any incinera-
tor or any fuel-burning equipment rated at POO,000 BTU/hr. or morn,
or any equipment pertaining thereto for use within tho jurisdic-
tion of the City until he or his authorized representative shall
have filed, in dupliate, an application for Installation and Operat-
ing Permits on forms supplied by the City, together with plans and
specifications of the fuel-burning equipment, stack, structure,
buildings, or portion of buildings used functionally therewith,
and such other data and information as may be requested by the
Technical Secretary. Upon failure to make such application, it
shall be the duty of the Technical Secretary to seal such equip-
ment against further use until the requirements of this section
shall have been met. The Technical Secretary shall approve or
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reject the application within ten days after it has been filed and
after the fee has been paid to the City Clerk. Upon approval, the
Technical Secretary shall issue an Installation Permit for construc-
tion, installation, or alteration; upon disapproval, the applicant
shall make such modifications in his plans and specifications deemed
necessary by the Technical Secretary. If a dispute arised between
the Technical Secretary and the applicant, the applicant may appeal
to the Board after first filing a $15.00 nonreturnable appeal fee
with the City Clerk. The Board shall act in accordance with Section
4, above. After construction, installation or alteration, the
Technical Secretary shall be notified by the applicant; the Techni-
cal Secretary shall make an inspection, and if it is found that
such construction, installation or alteration is in conformity with
the application, the Technical Secretary shall issue an Operating
Permit.
No inspections or Operating Permits shall be required in the case
of domestic heating plants.
No inspections or Operating Permits shall be required for incin-
erators or fuel-burning equipment installed or operating or under
construction or alteration before the effective date of this Ordinance,
This Section is suspended for any secret process, and the person
responsible for the operation of such secret process shall file in
lieu of plans and specifications an affidavit to the effect that
such equipment is to be so used and that atmospheric pollution,
as defined herein, shall be controlled.
When it becomes necessary for maintenance purposes to perform work
on fuel-burning equipment which does not change its capacity or
adversely affect the emission of air pollutants therefrom, no permit
is required.
The approval of plans and specifications or the issuance of instal-
lation or Operating Permits shall not be held to exempt the owner
from prosecution for violation of this provision of this Ordinance.
Fees payable in advance to the City Clerk for the issuance of in-
stallation and Operating Permits by the Technical Secretary shall
be as follows:
a. For all domestic incinerators, and for all domestic fuel-
burning equipment rated at 200,000 BTU/hr. or more -$2.50.
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b. For all other incinerators and fuel-burning equipment
having the following furnace volume:
Up to and including 10 cu. ft. $ 2.50
Over 10 cu. ft. up to and including 50 cu. ft. 10.00
Over 50 cu. ft. up to and including 250 cu. ft. 20.00
Over 250 ct. ft. 40.00
c. For air-borne radioactive material emission $ 5.00
Section 9 - Emergency Orders
Whenever the Technical Secretary determines that an emergency exists
which necessitates action to protect the public health, safety or
welfare, he shall, without prior notice, issue a written order
reciting the existence of the emergency and requiring whatever
action he deems advisable to meet the emergency. Notwithstanding
other provisions of this Ordinance, this order shall be effective
upon service and shall be complied with immediately. Within a
period of 48 hours the Technical Secretary shall call a special
meeting of the Air Pollution Control Board and present reasons, in
writing, for issuing an emergency order. The Board, with the con-
sent of a majority of the members appointed to the Board, will de-
termine immediately whether to approve or not to approve the action
and whether to allow a hearing as provided in Section 4 (d) herein.
Section 10 - National Emergency
In the event of a national emergency or state of war, the City
Council may adopt a resolution suspending this Ordinance, either
in whole or in part, for the period of such national emergency or
state of war.
Section 11 - Penalties
Any person violating any provision of this Ordinance shall be sub-
ject to a fine not to exceed $200.00 for each violation thereof,
and be subject to imprisonment not to exceed thirty (30) days, or
both. Offenses on separate days shall be deemed to be separate
offenses.
In the event the Board shall determine that any final order or
determination made by it and not then the subject of judicial re-
view is being violated, the Board may cause to have instituted a
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civil action in any court of competent jurisdiction for injunctive
relief to prevent any further violation of such order or deter-
mination.
Section 12 -
Neither the records of the Commission nor any determination by the
Commission that air pollution exists or that any standard, rule or
regulation has been violated, whether or not a proceeding or action
is brought by the State, shall constitute evidence or be admitted
in evidence in any action before the Courts of this State or create
any presumption of law or finding of fact which shall inure to or
for the benefit of any person other than the State or the Commis-
sion.
Section 13 - Judicial Review
All final orders or determinations of the Board hereunder shall be
the subject of judicial review pursuant to the provisions of the
"Administrative Review Act", approved May 9, 1945, as amended, and
the rules adopted pursuant thereto. All final orders and deter-
minations shall be deemed "administrative decisions" as that term
is defined in Section 1, Administrative Review Act.
Section 14 - Severability
If any section, sub-section, sentence or clause of this Ordinance
shall be adjudged invalid, such adjudication shall not affect the
validity of the Ordinance as a whole or of any section, sub-section,
sentence or clause hereof not adjudged invalid, the City Council
hereby declaring that it would have passed the remaining portions
of this Ordinance notwithstanding such invalidity.
Any clause, provision or section of this Ordinance may be opened
separately for reconsideration, but the remainder of this Ordinance
shall be in full force and effect, notwithstanding such reconsideration.
Section 15 - Repealer
Ordinance No. 1301, passed by the City Council on the 22nd day of
November, A.D., 1948, and approved by the Mayor on that same date,
is hereby repealed.
Section 16 - Effective Date
This Ordinance shall be in full force and effect from and after its
passage, approved and publication as required by law.
Agency,
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