HomeMy WebLinkAboutORDINANCES-1963-004-O-63r
Rev. 1-15-63
4-0-63
AN ORDINANCE
To Regulate the Production and Emission of
Smoke and other Matters of such Character
as to Create Atmospheric Pollution within
the City of Evanston; to Make Provisions for
the Measurement and Control of such Emissions;
to Establish an Air Pollution Appeal Board;
to Provide for Permits for the Installation,
Construction, Reconstruction, Addition to,
Alteration, Repair, and Use of Fuel and
Refuse Burning Plants; to Regulate the Sale
of Equipment and Devices, Plants and Processes,
and for. the Issuance of Permits and Certificates
for Operation and for Fees thereof; to Provide
Fines and Penalties for the Violation of the
-� Provisions of this Ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS%
SECTION I- This ordinance shall hereafter be
• known a:►d referred to as the
"EVANSTON AIR POLLUTION ORDINANCE."
SECTION 2: Sections 28-3 through 28-9 of the
Evanston Municipal Code, 1957, as
amended, are hereby further amended to read as followsg
"SECTION 28-3o DEFINITIONS° In the inter-
pretation and enforcement of
Sections 28-3 through 28-9.5, inclusive, of this ordinance, the
following definitions and rules of construction shall be observed
and applied;
(a) "Air Pollution Appeal Board" - The Air Pollution
Appeal Board established pursuant to Section 6 herein.
(b) "Air Pollutants" - Anything that causes Air Pollution
as hereafter defined.
(c) "Ashes" - Shall include cinders, fly ash, or any other
• solid material resulting from combustion and may in-
clude unburned combustibles.
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(d) "A S M E" - The American Society for Mechanical Engineers.
(e) "A S T M" - The American Society for Testing and Materials.
(f) "Air 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 radio -active substances,
waste, particulate, solid liquid or gaseous matter, or any
other materials in such place, manner, or concentration as
to cause injury, detriment, nuisance, or annoyance 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
business or property.
(g)
"Baffling" - Any row, rows, plans, planes of refractory
or other material that cuases the gases in a steamboiler or
other vessel, duct or device to assume a definite and pre-
determined path of travel before reaching the chimney or
smoke stack.
•
(h)
"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 at-
mosphere. It does not include the chimney or stack.
(i)
"Building Fires" - The term "a new fire being built" shall
be held to mean the period during which a fresh fire isbeing
started and does not mean the processes of replenishing an
existing fuel bed with additional fuel.
(j) "Boiler Burning Fuel. in Suspension" - A boiler burning
fuel in suspension is any fuel burning device in which fuel
is conditioned or pulverized previous to admitting the fuel
into the furnace before combustion. The combustion process
is completed with the fuel in suspension.
(k) "Chimney or Stack" - Any conduit or duct, vent, flue or
opening of any kind whatsoever arranged to conduct any
products of combustion to the atmosphere. It does not
include breeching, as defined herein.
(1) "Cinders" - Particles not ordinarily considered as fly ash
or dust because of their greater size, consisting essentially
of fused ash and/or unburned matter.
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(m) "Cleaning Fires" - The act of removing ashes from the
fuel bed or furnace.
(n) "Combustible Refuse" - Any combustible waste material
containing carbon in a free or combined state, other
than liquids or gases.
(o) "Combustion Equipment or Device" - See Fuel Burning
Combustion, or Process Equipment or Device as defined
hereinafter.
(p) "Construction" - The installation or erection of any
fuel burning combustion or process equipment or device.
(q) "Damper, Automatic or Manual" - Any device for regulating
the volumatic flow of gas or air.
(r) "Domestic Heating Plant" - A plant generating heat for a
single family -residence or for two residences, either in
duplex or double housa form, or for multiple dwelling
units, in which such plant serves fewer than five apart-
ments. Also under this designation areo hot water
heaters, stoves and space heaters, used in connection
with the foregoing establishments, or with heat shacks
and other temporary buildings, such as used by the rail-
roads and construction industries, provided, however,
that likeequipment 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 under this designation.
(s) "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 multiple dwelling units in which such equipment
or incinerator serves fewer than five apartments.
(t) "Downdraft Furnace"
separate grates, one
sists of water tubes,
grate bars and is fed
the upper grate. The
fire door and passes
the upper grate, and
the lower grate.
- In this furnace, there are two
above the other, the top grate con -
the bottom grate consists of common
by halfconsumed fuel, falling from
air for combustion enters the upper
through the bed of green fuel on
then over the incandescent fuel on
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(u) "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
crushing, grinding, milling, drilling, demolishing,
shoveling, bagging, sweeping, covering, conveying,
transferring, transporting, and the like.
(v) "Dust -Separating Equipment" - Any device for separating
dust from the air or gas medium on which it is carried.
(w) "Fire Tubes" - Those tubes, surrounded by a cooling
medium, through which the hot gases of combustion pass.
(x). "Fly Ash"- Particulate matter capable of being gasborne
or airborne and consisting essentially of fused ash and/or
burned or unburned materials.
(y) "Fuel" - Any form of combustible matter, solid, liquid,
vapor or gas.
(z) "Fuel Burning Combustion or Process Equipment or Device" -
Any furnace, incinerator, fuel burning equipment, refuse
burning equipment, boiler, apparatus, device, mechanism,
fly ash collector, electrostatic precipitator, smoke
arresting or preventing equipment, stack, chimney, breeching
or structure used for the burning of fuel or other com-
bustible material, or for the ignition of products of com-
bustion.
(aa) "Fuel Burning Equipment - Hand Fired Type" - Any fuel
burning combustion or process equipment or device other
than process or process equipment or downdraft furnaces
in which fresh fuel is manually introduced directly into
the furnace.
(bb) "Fuel Burning Equipment - Mechanical'' - Any fuel burning
combustion or process equipment or device incorporating a
device by means of which fuel is mechanically introduced
from outside the furnace into the zone of combustion.
(cc) "Fuel Oil" - Oil commonly used as afuel.
(dd) "Fumes" - Gases, vapors, or particulate matters that
are of such character as to cause atmospheric pollution.
(ee) "Furnace" - An enclosed space provided for the ignition
and/or combustion of fuel.
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(ff)
"Furnace Volume" - The volume of the chamber or en-
closure in which the combustion process takes place.
(gg)
"Heating or Low -Pressure Boilers" - All boilers designed
for operating under steam pressure 15 lbs. per square
inch gauge or less.
(hh)
"Heating Plant Other Than Domestic" - Fuel burning equip-
ment used for the purpose of space heating of multiple
dwelling units, containing more than four apartments,
hotel, rooming house, boarding house, garage, school,
hospital, church, office building, store, institution,
and for all commercial, industrial or other establish-
ments.
(ii)
"Heating Surface,, - Any surface having steam, water
or other fluid on one side, and hot gases on the other
side, as found in a boiler or a warm air heating furnace;
not excepting any surface covered by arches or refractory.
Uj)
"Incinerator" - Any device intended for or used for
the destruction of garbage or other combustion refuse
or waste materials for burning.
• (kk)
"Low Volatile Solid Fuel" - For the purpose of this
chapter, a solid fuel, the volatile content of which
is 23% or less on an ashfree and moisturefree basis,
or a solid fuel approved as hereinafter stated.
(11)
"Mechanical Combustion Equipment or Mechanically Fired
Apparatus" - Fuel burning combustion or process equip-
ment or device in which the fresh fuel or combustion
material is mechanically introduced from outside the
furnace into the zone of combustion.
(mm)
"Multiple Chamber Incinerator" - Any article, machine,
equipment, or contrivance, structure or part of a struc-
ture, used to dispose of combustible refuse by burning,
consisting of two or more refractory lined combustion
furnaces in series, physically separated by refractory
walls, interconnected by gas passage ports or ducts and
employing adequate design necessary for maximum combus-
tion of the material to be burned. The refractories shall
have a Pyrometric Cone Equivalent of at least 17, tested
according to the method described in the American Society
for Testing Materials, Method C-24.
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• 183
(nn) "Noxious Acids" - Anhydrous or hydrous acid forms in
concentration, high enough to be toxic or to cause at-
mospheric pollution or to constitute a nuisance as
defined in this chapter.
(oo) "Oil Burners" - Any device for the introduction of
vaporized or atomized fuel oil into a furnace.
(pp) "Open Air" - All spaces outside of buildings, stacks
or exterior ducts.
(qq) "Open Fire" - Any fire from which the products of com-
bustion are admitted directly into the open air without
passing through a stack or chimney.
(rr) "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.
(ss) "Person" - Any individual natural person, trustee, court
appointed representative, syndicate, association, partner-
ship, 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.
(tt) "Power or High Pressure Boilers" - All boilers designed
for operating at a steam pressure greater than a 15 lbs.
per square inch gauge.
(uu) "Premises" - Any real estate or real property.
(vv) "Process Equipment" - Any action, operation, or treat-
ment embracing chemical, industrial or manufacturing
factors, such as heat treating furnaces, by-product
coke plants, core -baking ovens, mixing kettles, cupolas,
blact furnaces, puddling furnaces, sintering plants,
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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 smoke, particulate matter
or other matter.
(ww) "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 method or efficiency
of preventing the discharge of pollution into the atmos-
phere.
(xx) "Ringelmann Chart" - The chart published and described
in the U. S. Bureau of Mines Information Circular 6888,
and on which are illustrated the graduated shades of
gray to black for use in estimating the light obscuring
capacity of smoke.
(yy) "Smoke" - Small gasborne particles resulting from in-
complete combustion consisting predominantly of carbon
and other combustible material and present in sufficient
quantity to be observable independently of the presence
of other solids.
(zz) "Solid Fuel" - Any material in its solid state, capable
of being consumed by a combustion process.
(aaa) "Stack or Chimney" - Any conduit, duct, vent, flue
or opening of any kind whatsoever, arranged to conduct
any products of combustion to the atmosphere. It
does not include breeching, as defined herein.
(bbb) "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.
(ccc) "Standard Cubic Foot (scf)" - The Standard Cubic Foot
is a measure of the volume of gas under standard condi-
tions.
(ddd) "Stokers" - Any mechanical device that feeds sclid
fuel uniformly into a grate or hearth within a furnace.
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(eee) "Surface Burning Type (Hand fired)" - See definition for
fuel burning equipment - hand fired type.
(fff) "volatile Matter" - The gaseous constituents of solid
fuels as determines', by the standard ASTM procedure,
amended or revised to date.
SECTION 28-4o GENERAL REGULATIONS;(a) It shall
be unlawful within the City of
Evanston for any person owning or operating, either as principal,
agent, or an employee of any burning combustion equipment device,
or process equipment device, or portable boiler, or open fire, to
cause, suffer or allow, the emission or discharge of any smoke or
other air contaminant, from any single such source into the at-
mosphere, except in conformity with the limits set forth in the
• following table;
S1ti'IOICE EMISSION MAXIMA
Operation Ringelmann Chart Number Minutes der 60 Min.
Continual 4,5 0
3 0
� 8
1 60
Max. Units per 60 Minutes 68
Building new,
banking and 4,5 0
cleaning fires, soot 3 6
blowing, and 2 12
process purging 1 60
Max. Units per 60 Minutes * 84
sc
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Frequency
Building new fires . . . . . . . . . . . . . . . . Once Daily
Cleaning or banking fires, soot blowing
or process purging .One Time per 6 Hrs.
(*) Smoke Unit as defined herein below.
The "Ringelmann Chart" as published and described in the U. S.
Bureau of Information Circular 6888, 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 chapter shall be made by comparing the observed
density of smoke with the Ringelmann Chart numbers.
Where the density of the smoke as observed falls be-
tween two consecutive Ringelmann Chart numbers, the
lower Ringelmann number shall be considered the density
of the smoke observed.
• "Smoke units" represent the number obtained by multi-
plying the density of the smoke observed so determined
in Ringelmann numbers by the time of emission in minutes.
For the purpose of this calculation, a Ringelmann den-
sity reading shall be made at least once every minute
during the period of observation; and each reading shall
be multiplied by the time in minutes during which it is
observed. The various products thus obtained shall be
added together to give the total number of "smoke units"
observed during the total period under observation.
(b) It shall be unlawful within the City of Evanston for any
person owning or operating, any burning combustion equip-
ment device, or process equipment device, or portable
boiler, or open fire, to cause, suffer or allow, the
emission or discharge of any smoke or other air con-
taminant from any single such source into the atmos-
phere of such opacity as to obscure an observer's view
to a degree equal to or greater than the smoke described
in the foregoing section.
•
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Such contaminants are herein declared to be a nuisance
and may be summarily abated by the Director of Building
and Zoning or by anyone whom he may duly authorize for
such purpose. Such abatement may be in addition to the
fine hereafter provided.
(c) No person shall cause or allow by his own act or through
the act of his agent, escape from any source into the
open air of any pollutants, so as to cause injury, detri-
ment, or create a public nuisance, or to endanger the
comfort, health or safety of any such person or of the
public, or in such manner as to cause or tend to cause
injury or damage to business or property.
(d) All industrial, commercial, and multiple family dwellings
having coal burning equipment shall be equipped with
automatic fuel firing equipment. All existing coal
burning combustion equipment shall meet the limitations
of this section within two years from the effective
date of this ordinance.
(e) It shall be unlawful for any person to operate any surface
burning type (hand -fired) or combustion equipment with
• any solid fuel other than low volatile solid fuel. A
solid fuel containing volatile matter not in excess of
23% on an ash free and moisture free basis shall be
considered a low volatile solid fuel.
The Director of Building and Zoning shall maintain and
upon request furnish a list of brands or trade names of
solid fuels which have been tested for conformity with
the provisions of this chapter and which, as a result of
such tests, have been approved.
Adequate supplies of such solid fuel shall be made avail-
able to the Director of Building and Zoning to conduct
such reasonable tests as he shall deem necessary to
determine that such fuel meets the standards hereinbefore
established. The reasonable expense of any such tests
shall be borne by the person seeking the approval of such
solid fuel.
(f) Two years after the effective date of this ordinance,
no person shall burn any combustible refuse within the
City of Evanston except in a multiple chamber inciner-
ator as approved by the Director of Building and Zoning,
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�8b
provided, however, that existing flue -fed incinerators
in existing structures may be continued in use if
they meet, or are modified so as to meet, or are modified
so as to meet the standards of performance of multiple
chamber incinerators and the requirements of this ordinance.
(g) The City shall provide such instruments, books, papers,
equipment, and personnel as shall be necessary for the
proper performance of the duties of the Director,
which shall. be the property of the City, and which shall
be deliverej by the Director to his successor in office.
SECTION 28-5-. ADMINISTRATION! The adminis-
tration and enforcement of the
Air Pollution Control Ordinance shall be by and under the direction
and control of the Director of Building and Zoning, whose duties
shall be as follows-,
(a) To supervise the execution of all laws, ordinances, rules
and regulations pertaining to air pollution control as
• provided in this ordinance.
(b) To institute necessary proceedings to prosecute viola-
tions of this ordinance and to compel the prevention
and abatement of air pollution, or nuisances arising
therefrom.
(c) To examine and approve the plans of burning combustion
equipment device or process equipment device, furnaces,
and smoke prevention and air pollution control devices
installed, constructed, reconstructed, repaired, or
added to in any building, location, or on any premises
within the City of Evanston, as herein provided, to
assure that they are in accordance with the require-
ments of this ordinance.
(d) To make inspections of ne,.,ily installed, constructed,
reconstructed, repaired or altered burning combustion
equipment device or process equipment device, furnaces,
and smoke prevention and air pollution control devices,
and to make annual or periodic inspections of fuel
burning combustion or process equipment or devices
within the City, as herein provided, to determine
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whether such equipment is in compliance with the
provisions of this ordinance.
(e) To investigate complaints of violations of this
ordinance and to make inspections and observations of
air pollution conditions.
(f) To serve as an advisor to the Air Pollution Appeal Board.
(g) 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 oppor-
tunity to be heard as herein set forth.
(h) To investigate and make recommendations from time to
time to the City Council with respect to needed addi-
tions or revisions to this ordinance, or any other
ordinance pertaining to Air Pollution Control.
(i) To do any and all acts which may be necessary for the
successful prosecution of the purposes of this ordi-
nance and such other acts as may be specifically
enumerated herein as his duties.
• SECTION 2$- 6� a AIR POLLUTION APPEAL BOARD -
An Air Pollution Appeal Board
to be appointed by the Mayor, by and with the consent of the City
Council, is hereby establisher. The Appeal Board shall consist of
seven members, one of whom shall be designated by the Mayor as
Chairman, and four of whom shall constitute a quorum. They shall
be appointed for a term of four years, or until their respective
successors are appointed and qualified, except that of the initially
appointed Appeal Board, two members shall serve for one year, two
members for two years, two members for three years, and one member
for four years. They shall be residents of the City of Evanston.
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One member shall have had at least five years business or
administrative experience in the ownership or management of apart-
ment building enterprises. One member shall be the Public Health
Director of the City of Evanston or a physician licensed by the
State of Illinois, who has had at least five years medical practice,
in one or more of the fields of public health and industrial hygiene.
One member shall, at the time of his appointment, and for at least
five years prior thereto, be a registered professional engineer,
registered in the State of Illinois. One member shall be, at the
time of his appointment and for five years prior thereto, licensed
to practice law in the State of Illinois. Three members shall be
appointed at large. Members appointed to fill vacancies shall have
• the same general qualifications required for their predecessor.
Meetings of the Air Pollution Appeal Board shall be held at the
call of the Chairman, or as prescribed by rules, or at such other
times as the Appeal Board may determine. The Air Pollution Appeal
Board shall form its own rules and regultions and keep minutes of
its meetings.
A majority of the Air Pollution Appeal Board is hereby vested
with the following jurisdiction and authority.-
1. To decide appeals from any decision, ruling, regulation,
determination, or other order made by the Director of
Building and Zoning under this ordinance, or failure to
act upon request within a reasonable period by the
Director of Building and Zoning in the manner and sub-
ject to the standards set forth in this ordinance.
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Said decisions on appeal shall be limited to construing
the provisions of Sections 28-3 through 28-9 in order
to determine whether the Director of Building and Zoning
has correctly interpreted the requirements established
by said sections.
2. To grant applications for extensions of time for compliance
with Sections 28-3 through 28-9 upon showing of due
diligence on the part of the applicant. To grant varia-
tions for any fuel burning, combustion or process equip-
ment or device,or exemptions or variations from the pro-
visions of Sections 28-3 through 28-9 whenever it is
found, upon the presentation of adequate proof, that
because of conditions beyond control, compliance with
any provision of Sections 28-3 through 28-9 or other
oridnance relating to atmospheric pollution, or with the
code of recommended practices, or any rule, regulation,
requirement or order of the director or of the appeal
board, or the failure of the director to act on any
complaint, will result in an arbitrary and unreasonable
taking of property or in the practical closing and
elimination of any lawful business, occupation, or
activity, in either case without a sufficient corres-
ponding benefit or advantage to the people in the
reduction of atmospheric pollution; in such case, there
shall be prescribed other and diffe ent requirements
not more onerous applicable to plants or equipment
involved.
In determining under what conditions and to what ex-
tent a variance from any of said requirements is
necessary and will be permitted, the appeal board
shall exercise a wide discretion in weighing the
equities involved and the advantages and disadvan-
tages to the public health, safety and welfare and to
any lawful business, occupation or activity involved,
resulting from requiring compliance with any such
requirement or resulting from granting a variance.
3. To recommend changes to the ordinance to the City Council.
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SECTION 28-7; APPEALS- Any person affected
by any final decision, ruling
requirement, rule, regulation, or order of the Director of Building
and Zoning, may take an appeal to the Air Pollution Appeal Board, as
established by this ordinance. Such appeal shall be taken within
thirty days after receiving notice of such decision, ruling, require-
ment, rule, regulation,,or order, by filing with the Director of
Building and Zoning a Notice of Appeal directed to the Air Pollution
Appeal Board, specifying the grounds thereof and the relief sought.
The Director of Building and Zoning shall foihwith furnish
• to the Air Pollution Appeal Board all papers relating to the case.
•
The Appeal Board shall within ten days after the date of filing the
appeal, set a date for the hearing and shall give written notice
thereof by mail to the interested parties. The Appeal Board may,
in its discretion, grant continuances. Such an appeal shall act as
a stay of the decision, ruling, requirement, rule, regulation, or
order in question until the Air Pollution Appeal Board has taken
final action on the appeal. At the hearing, any party may appear in
person, or by agent or attorney, and present evidence both written
and oral pertinent to the question and issues involved, and may
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examine and cross-examine witnesses. The Appeal Board, after the
hearing,. shall affirm, modify or .reverse the decision, ruling, re-
quirement, rule, regulation, or order of the Director of Building
and 'Zoning, or order him to act. The decision of the Air Pollution
Appeal Board shall be binding on the Director of Building and
Zoning.
SECTION 28-8; NOTICES OF VIOLATION; It shall
be the duty of owners or agents
of any burning combustion equipment device, or process equipment
device to instruct, or cause to be instructed, the operators,
operating crews, enginemen, firemen, janitors, or any pther person
•
operating such
equipment or
device about the proper operation of
such combustion
equipment or
device.
The Director of Building and Zoning is hereby authorized to
issue notices of violation for the purpose of giving notice to
persons allegedly violating any of the provisions of this ordinance
or other ordinances relating to Air Pollution. If at the time of
any original inspection or annual inspection, or any other inspection,
it is found that anyburning combustion equipment device or process
equipment device, or premises, is being operated or managed in
violation, or is in .such a condition or so installed in violation
of any requirements provided in this ordinance, the Director of
Building and "Zoning shall give notice in writing to any or all per-
sons owning or operating or in charge of such equipment or device
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or premises, of the defective equipment or device, condition, opera-
tion, or violation. Such notice may be given by an inspector or
other properly trained, authorized agent of the Director cf Building
and Zoning, by delivering such notice to any person owning, opera-
ting, or in charge of theequipment or device or premises involved,
or by leaving a copy thereof with a person in charge of such equip-
ment, device or premises, or by mailing a copy directed to the last
known address of the person to be notified.
SECTION 28-9; INSTALLATION PERMIT REQUIRED:
(a) It shall be unlawful for any person to install, erect,
construct, reconstruct, alter, or add to or cause to be
installed, erected, constructed, reconstructed, or
altered or added to any burning combustion equipment
• device or process equipment device, or any equipment
pertaining thereto, or any stack or chimney connected
therewith, within the City, excepting domestic heating
plants, domestic refuse burning equipment, or to make
or cause to be made major repairs on any high-pressure
boiler furnaces or the brickwork on or about the same,
in the City of Evanston until an application for instal-
lation and operating permits on forms supplied by the
Building Department, including suitable plans and
specifications of the burning combustion equipment device
or process equipment device, or high pressure boiler
furnace, and the structures or buildings used in con-
nection therewith, has been filed in duplicate by the
owner, contractor, installer, or other person or his
agent, in the office of the Director of Building and
Zoning, and has been approved as being so designed that
the same can be managed and operated to conform to the
provisions of this ordinance, and an Installation Per-
mit issued by him for such installation, erection,
construction, reconstruction, alteration, or addition.
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(b) The plans and specifications submitted, pursuant to the
foregoing paragraph, shall Le prepared under the direc-
tion of, or approved by, a registered Professional
Engineer, registered in the State of Illinois, and bear
his seal.
SECTION 28-9.1-CERTIFICATE OF OPERATION TO
BE POSTED - CONTENTS";
(a) Upon finding that any burning combustion equipment device
or process equipment device inspected on any original,
annual, or subsequent inspection had been found to comply
with the provisions of this ordinance and after payment
of the prescribed fee, the Director of Building and Zoning
shall issue a Cer-Aficate of Operation which shall -be
posted in a conspicuous place at or near the equipment
or process; and Certificate of Operation may contain
such information and certifications as are contained in
allowable fuel certificates.
(b) It shall be unlawful for any person or his agent to use
• or operate any burning combustion equipment device or
process equipment device which is subject to annual
inspections as hereinabove set for+:z,, without ha✓ing
an effective Certificate of Operation therefor.
SECTION 28-9.2- PERMIT FEES- Fees for the
inspection of plans and issuing
installation permits for the installation, erection, construction,
reconstruction, alteration of or addition to burning combustion
equipment device or process equipment device, on high pressure
boiler furnaces, and installation of apparatus or devices for the
prevention or arresting of the discharge of Air Pollutants, except
domestic equipment, shall be as follows:
Inspection of puns for new plants, and
plants about to be reconstructed, or
repairs or alterations . . . . . . $5.00
40
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SECTION 28-9.3. ORIGINAL INSPECTION FEES° Fees
shall be as follows for the
examination or inspection of any new or reconstructed burning com-
bustion equipment device or process equipment device after its
erection or reconstruction, and before its operation and maintenance,
except domestic equipment!
Hot air furnace . . . . . . . . . . . $15.00 per unit
Low pressure boilers .$15.00 per unit
High pressure boilers, under 100 horsepower capacity.$20.00 per unit
High pressure boilers, over 100 horsepower capacity .$30.00 per unit
Incinerator or refuse burning equipment . . . . . . .$25.00 per unit
SECTION 28-9.4.: ANNUAL INSPECTION FEES-, Fees
shall be as follows for the am
• nual inspection of burning combustion equipment device or process
equipment device, except domestic equipment:
Low pressure boilers . . . . . . . . . . . . . . . . $15.00 per unit
High pressure boilers . . . . . . . . . . . . . . . $20.00 per unit
Incinerator. or refuse burning equipment . . . . . . $15.00 per unit
SECTION 28-9.5° PENALTIES. Any person found
guilty of violating, disobeying,
omitting, neglecting or refusing to comply with, or resisting or
opposing the enforcement of any of the provisions of this ordinance,
except when otherwise specifically provided, upon conviction thereof
shall be punished by a fine of not less than Ten ($10.00) Dollars
nor more than Two Hundred ($200.00) Dollars for the first offense,
and not less than Fifty ($50.00) Dollars nor more than Two Hundred
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($200.00) Dollars 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."
SECTION 3: SEVERABILITY: The intention of
the City Council is hereby ex-
pressed that the provisionsof this ordinance are severable, and that
the invalidity of any section hereof or of any portion of any section
hereof, shall not affect any other section or portion of this ordi-
nance.
SECTION 4: PUBLICATION AND EFFECTIVE DATE:
This ordinance shall be printed
and published in pamphlet form. The prov'..sions of this ordinance
shall be in full force and effect after its passage, approval, and
publication, according to law.
INTRODUCED January 21 , 1963
ADOPTED January 28 1963
APPROVED January 28 , 1963
/s/ John D. Emery
Mayor
ATTEST
/s/ Maurice F. Brown
City Clerk
Approved as to form-
/s/ Jack M. Siegel
Corporation Counsel
Published February 7 , 1963 Code Page-
•
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