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HomeMy WebLinkAbout1992_3_18_Local_Law_No_3 r 1 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. ( -2- §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. { -3- 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. I -4- §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. { A -5- §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. I