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LOCAL LAW NO. 3 - 1992
A Local Law Entitled
INCINERATORS
BE IT ENACTED, by the Town Board of the Town of Mamaroneck as
follows:
Section 1. Purpose
The purpose of this local law is to protect the public health,
safety, and welfare by controlling emissions from incinerators
within the Town of Mamaroneck.
§2 . General Requirements
A. Incinerators shall be of an adequate capacity for
the intended use.
B. Flue-fed incinerators shall be equipped with means for
burning auxiliary fuel in sufficient quantity to assure
complete combustion of refuse.
C. A flue serving an incinerator shall be provided with a
substantially constructed spark arrester.
D. Incinerators shall be connected to a suitable non-
combustible chimney, smokestack or flue.
E. Connections to incinerators shall provide free passage
of refuse without clogging.
§3 . service openings
A. Service openings shall be readily accessible to the
building's occupants.
B. Durable signs with plainly legible letters prohibiting
disposal of highly flammable substances in incinerators
shall be provided near service openings.
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§4 . Particulate Emissions
All incinerators having a rated capacity of two thousand
(2 , 000) pounds per hour or less shall be operated so that
particulate emissions do not exceed three-tenths ( . 3) of a
pound per hour for each one hundred (100) pounds per hour of
refuse charged or shall be equipped with adequate control
devices or redesigned and rebuilt so as to meet the
aforementioned particulate emission limit.
§5. Smoke Emissions
No incinerator having a rated capacity of two thousand
(2, 000) pounds per hour or less shall be operated so as to
emit smoke of a density greater than No 1 of the Ringelmann
Scale or equivalent, as measured with the aid of a standard
smoke device, under normal operating conditions.
§6. Proper Use
No person shall use or permit the use of an incinerator with
a rated capacity of two thousand (2, 000) pounds per hour, or
less, for a purpose or in a manner which causes it to
function improperly or other than in accordance with its
design.
§7 . Hours of Operation
No person shall cause or permit the operation of an
incinerator with a rated capacity of two thousand (2 ,000)
pounds per hour or less at any time other than between
the hours of 8: 00 AM and 4 : 00 PM of the same day, except
with the written approval of the Town. No burning within an
incinerator may be commenced later than 2 : 00 PM so as to
ensure compliance with the regulations concerning hours of
operation.
§8. Testing Required
Where the Town has reasonable cause to believe that any
incinerator with a rated capacity of two thousand (2 , 000)
pounds per hour or less is emitting particulate matter
in excess of the allowable emission rate as provided by
this law, the Town may require the owner or lessee of the
incinerator to conduct such tests as are necessary to
determine whether the equipment or its operation exceeds
the allowable emission rate as provided by this law and to
submit the test results to the Town within ten (10) days
after the tests are complete.
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A. All such testing shall be performed in accordance with
procedures acceptable to the Town.
B. The owner or lessee shall notify the Town of the time
and place of any such testing at least seven (7)
calendar days before the commencement of the test and
shall make reasonable facilities available for a
representative of the Town to witness the tests.
§9. Additional Tests by the Town
If in the opinion of the Town, tests by the Town are
necessary, in addition to those conducted by the owner or
lessee of the incinerator, the Town may order the owner or
lessee to provide sampling ports in the stack as the Town may
reasonably request, to provide a power source suitable to the
points of testing, and to provide allied facilities,
exclusive of sampling devices.
A. The provisions for sampling ports, the power source and
allied facilities shall be made at the owner's or
lesseefs expense.
B. The owner or lessee shall be furnished with a copy of
the analytical results of the source samples collected.
§10. Corrective Measures
The Town may require corrective measures as follows:
A. If any of the aforementioned test results indicate a
contravention of particulate emission limits as
provided by this law, the Town may require the
installation of appropriate control equipment to
reduce such particulate emissions to a level
meeting such emission limits or the Town may seal the
incinerator if such equipment is not installed within
the time limit specified by the Town.
B. The Town may order the cleaning, repair, replacement or
alteration of any equipment or control equipment which
causes or is operated so as to cause a violation of the
law.
C. The Town may order a change in the manner of operation
of any incinerator which is operated so as to cause a
violation of this law.
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§11. Marking of Incinerator Stacks
To ensure compliance with this law, the stack for each
incinerator shall be clearly marked at a point above the
roof line with the words "Incinerator Chimney" in letters
four (411) inches high and one-half (1/211) inch wide on all
sides of the chimney stack.
§12 . Replacement of Incinerators
Within two (2) years of the date of the adoption of this
local law, all incinerators shall be removed and be replaced
with either garbage compaction systems or placement of
garbage in properly enclosed and screened dumpsters or other
receptacles acceptable to the Joint Sanitation
Commission. Any garbage removal system shall be of adequate
f size and capacity to handle the volume of garbage placed in
the system in light of the scheduled garbage collection
practices for the building in question. Any garbage removal
system shall comply with all building, health, sanitary and
other codes, rules and regulations of all governmental
bodies, and a compaction system may not be installed until
a building permit is issued by the Building Inspector of the
Town of Mamaroneck. The Building Inspector shall ensure any
garbage compaction system installed is of such size,
capacity and type that it will be operated in a manner which
can adequately control the garbage in the building in
question and not create a hazard to the health, safety or
welfare of those residing in the building, or operating the
system.
§13 . Penalties
Failure to comply with any order or direction of the Town
pursuant to this local law, shall constitute a violation;
and each day during which such noncompliance continues,
shall constitute a separate violation subjecting the
violator to a fine of no more than $250 and up to fifteen
(15) days in jail for each such violation.
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§14 . Severability
Should any provision of this local law be determined to be
illegal or unconstitutional by a court of competent
jurisdiction, then such determination shall not affect any
other provision of this local law.
§15. Effective Date
This local law shall become effective immediately upon
filing in the Office of the Secretary of State in accordance
with the Municipal Home Rule Law.
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