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Home My WebLink About667 Clean Air Ordinance366 ORDINANCE NO. 667 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 6 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN TO ADD A NEW CHAPTER TO BE KNOWN AS THE CLEAN AIR ORDINANCES OF THE CITY OF MERIDIAN TO PROVIDE FOR CLEAN AIR INCLUDING SHORT TITLE, AUTHORITY AND. PURPOSE, APPLICABILITY, DEFINITIONS, AIR QUALITY DESIGNATIONS AND ALERT CRITERIA, PUBLIC NOTIFICATION, BURNING SOLID FUEL OR REFUSE, AIR QUALITY ALERT EXEMPTIONS, MINIMUM STANDARDS FOR CLEAN BURNING APPLIANCES, APPLICABILITY OF CHAPTER AND PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the -City of Meridian, Ada County, Idaho (the "City"} is`a municipal corporation of the State of Idaho and is authorized by Chapter 3, Title 50, Idaho Code, to adopt ordinances to maintain the welfare of the City and, where federally mandated, enforce such ordinances by either criminal or civil penalties; and WHEREAS, the City Council of the City of Meridian, (the "Council") has found that the health. and welfare of the residents of the City are adversely impacted by air pollution caused by the burning of solid fuel and refuse; and WHEREAS, the State of Idaho, Department of Health and Welfare, bivision of Environmental. Quality-("DfQ") has established a program pursuanf to Chapter 85, Title 42, United States Code (the Federal "Clean Air Act") for the establishment of air quality designations, alert criteria and bans for solid fuel and refuse burning; and WHEREAS, the Council has found. that controlling the emissions from solid fuel and refuse burning will protect the health and welfare of the citizens of the City; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: SHORT TITLE: This Chapter shall be known and cited as the Meridian Clean Air Ordinance. SECTION 2: AUTHORITY AND PURPOSE: The purpose of this Chapter is to protect air quality resources vital to the public health, safety, and welfare of Meridian residents and the economic future by controlling emissions from solid fuel and refuse burning. This Chapter is promulgated under the authority of the Idaho Constitution, Article 12, Section 2, and Idaho Code §§ 31-714 and 31-801. SECTION 3: APPLICABILITY: This Chapter shall apply to all areas of the City of Meridian and those areas annexed to the City of Meridian hereafter. CLEAN AIR ORDINANCE PAGE 1 367 SECTION 4: DEFtNITiONS: For fhe purpose of this Chapter, thefollowing,terms, phrases, words, and derivations all have the meanings given herein. The word "shall" is always mandatory and not merely directory. AIR POLLUTION: The presence in the outdoor atmosphere of any contaminate, or combinations thereof, in such quality or of such nature and duration and under such conditions as would be injurious to human health or welfare, to plant or animal life, or to property, or to interfere unreasonably with the enjoyment of life or property. BUILDING: Any structure, dwelling, office, industrial plant; garage or barn, whether publicly or privately owned or any other structure as defined by the Uniform Building Code as adopted in Chapter 1, Title 2, of the Revised and Compiled: Ordinances of the City of Meridian. BURN DOWN: That period of time following an air pollution alert required for the cessation of combustion within solid fuel heating appliances or any. outdoor fires or burning or incineration included with this Chapter. CLEAN BURNING APPLIANCE: A solid fuel heating appliance`that has been cert~ed as clean burning by either.the Oregon.Department of Environmental Quality or the United States Environmental Protection Agency and has been placed on the list of approved; clean burning appliances maintained by the City Clerk. ECONOMIC HARDSHIP: Fifty percent (50%) or less of the Ada County's median income as established by the U.S: Department of Housing and Urban Development. FIREPLACE: A residential solid fuel burning device with an air-to: fuel ratio of greater than thirty (30) which is a permanent structural feature of a building. A fireplace is make up of a concealed masonry or metal~flue and a masonry or me#al firebox enclosed in decorative masonry or other building.materials. A residential solid fuel burning device which is freestanding or which is installed into an existing "fireplace" opening is not included in the definition of "fireplace". HEAT OUTPUT: The British Thermal Unit (BTU)/hour output of a solid fuel heating appliance measured under the testing criteria as adopted by the Ada County Development Services Department . .OPEN. BURNING: The combustion of any material not: contained. in a heating appliance orincinerator. PARTIGULATE MATTER: Any gas-borne particles resulting from incomplete combustion, consisting predominantly,"but not exclusively, of carbon and other combustible matter. PERSON: Any individual, firm, partnership, association, corporation, company, organization or governmental entity. REFUSE: All solid waste, garbage, and rubbish, including but not limited to cardboard, plastic, rubber, styrofoam, petroleum products, food- stuff; .Christmas, trees, ,yard. debris, or chemically treated wood. REFUSE INCINERATOR: Any device designed or operated to reduce the volume.of refuse ..Natural, gas-fired pathological incinerators are excluded. SOLE SOURCE: One or more solid fuel heating devices which constitute the only source of heat, in a building for the purpose of space heating. No solid fuel heating CLEAN AIR ORDINANCE - PAGE 2 366 one device(s) shall be the sole source of heat if the building is equipped with a permanently installed furnace or heating system designed to heat the building-that is connected or unconnected from its energy source, utilizing. oil, natural gas, electricity or propane. SOLID FUEL: Any form of untreated wood or coal. SOLID FUEL HEATING APPLIANCE: An enclosed device designed for solid fuel combustion that meets all of the following criteria: A. An air-to-fuel averaging less than thirty five to one (35-to-1 ); B. Firebox volume less than twenty (20) cubic feet; C. Minimum burn rate less than five (5) kilograms per hour; and p. Maximum weight of less than eight hundred (800) kilograms. Explicitly excluded are furnaces, boilers, cook stoves, and open fireplaces. SECTION 5: AIR QUALITY DESIGNATIONS AND ALERT CRITERIA: A, The quality of Meridian's air shall. be determined by monitoring pollutant levels in andlor around the City of Meridian with equipment and methods approved by the Idaho State Division of Environmental Quality. B. ' The quality of Ada County's air shall be designated according to the following table, where PM 10 indicates particulate matter with an aerodynamic diameter less than or equal to ten (10) microns: Health-Effect PM 10 Concentrations Designation 24-hour (uc/m~) Good 0- 50 Moderate 51-150 Unhealthful 1.51-350 Very unhealthful 351-420 Hazardous >420 C. In order to prevent the existence of air quality that is unhealthful, an air pollution "alert" will be declared whenever the Idaho State Division of Environment Quality measures levels of PM 10 concentrations exceeding hundred (100) micrograms per cubic meter (ug/m~) and forecasts air stag- nation conditions continuing for at least twenty four (24) hours. SECTION 6: PUBLIC NOTIFICATION:. Whenever air pollution alert conditions are met, local print, radio, and television news media will be notified. Announcements of the existence of an air pollution "alert" will be made by the news media during regularly scheduled broadcasts an in all editions of the official newspaper of Ada County. SECTION 7: BURNING SOLID FUEL OR REFUSE: A. No person shall cause or allow refuse or coal to be burned in a solid fuel heating appliance designed for wood fuel. B. No person shall cause or allow a refuse incinerator to be operated contrary to the design, specifications, and manufacturer's instructions. 369 CLEAN- AIR ORDINANCE PAGE 3 SECTION 8: AIR QUALITY ALERT/ADDITIONAL RESTRICTIONS: At the onset and during the pendency of a declared air quality "alert", the following additional restrictions apply: A. No person shall cause or allow, after a three (3) hour "burn down", the operations of a solid fuel heating appliance or open fireplace, unless an exemption has been granted by the City Clerk. B. No person shall cause or allow the operation of a solid waste incinerator. C. No person shall cause or allow open burning or refuse or solid fuel. SECTION 9: AIR QUALITY ALERT EXEMPTIONS: A. The City Clerk shall grant exemptions from this Chapter if it is determined by the City Clerk that: 1. A solid fuel heating appliance is the sole soarce of heat for the. ~- structure in which it is situated; or 2. Using alternative heating would cause an unreasonable economic hardship;. or 3. The solid fuel heating_appliance is listed by Ada County Development Services as a clean burning appliance. B. Any person denied an exemption under this Chapter shall be provided, at the option of the applicant for the exemption, a hearing before the Mayor and City Council. C. Any building constructed after the effective date of this Chapter shall not be eligible for an exemption under subsections Al and A2 above. SECTION 10: MINIMUM STANDARDS FOR CLEAN BURNING APPLIANCES: A. In no event shall the standards for clean burning solid fuel heating appliance allow a weighed average particulate emission greater than: 1. For a new clean burning solid fuel heating appliance with a minimum heat output of less than forty thousand (40,000) BTU per hour and tested pursuant to procedures approved by the Building Department.. a. Seven and five-tenths (7.5) grams per hour for a noncatalytic solid fuel heating appliance. b. Four and one-tenth (4.1) grams per hour for a catalytic solid fuel heating appliance. 2. Clean burning solid fuel heating appliances with a minimum heat output of greater than forty thousand (40,000) BTU per hour shall not exceed an average particulate emission standard equal to the sum of eight and zero-tenths (8.0) grams per hour plus two-tenths (0.2) grams per hour for each one thousand (1,000) BTU per hour heat output. 3. For any other solid fuel heating appliance officially exempted by the Environmental Protection Agency from the above requirements. SECTION 11: APPLICABILITY OF CHAPTER: Nothing in this Chapter is intended 370 CLEAN AIR ORDINANCE --PAGE 4 . to conflict with, supersede, repeal, or affect any other regulations or requirements for the installation or inspection of solid fuel heating appliances, including, but not limited to, those regulations adopted at Title 2, Chapter 1, of the Revised and Compiled Ordinances of the City of Meridian: Further nothing in this Chapter is entitled to conflict with, supersede, repeal, or affect any other regulations or requirements for the burning, outdoor fires, and incineration permits including, but not limited to, those regulations adopted at Title 6, Chapter 5, of the Revised and Compiled Ordinances of the City of Meridian. SECTION 12: PENALTY: A violation of any of the provisions of this Chapter or the failure or omission to perform any duty imposed by the provisions of this Chapter is hereby declared unlawful and punishable as a misdemeanor. SECTION 13: EFFECTIVE DATE: WHEREAS, there is an emergency therefore, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this 16th day of August, 1994. CITY OF MERIDIAN ,r G NT P. KINGSF R YOR ATTEST: WILLIAM G. BERG, JR., CI CLERK ORDINANCE NO. 667 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 6 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN TO ADD A NEW CHAPTER TO BE KNOWN AS THE CLEAN AIR ORDINANCES OF THE CITY OF MERIDIAN TO PROVIDE FOR CLEAN AIR INCLUDING SHORT TITLE, AUTHORITY AND PURPOSE, APPLICABILITY, DEFINITIONS, AIR QUALITY DESIGNATIONS AND ALERT CRITERIA, PUBLIC NOTIFICATION, BURNING SOLID FUEL OR REFUSE, AIR QUALITY ALERT EXEMPTIONS, MINIMUM STANDARDS FOR CLEAN BURNING APPLIANCES, APPLICABILITY OF CHAPTER AND PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian, Ada County, Idaho (the "City") is a municipal corporation of the State of Idaho and is authorized by Chapter 3, Title 50, Idaho Code, to adopt ordinances to maintain the welfare of the City and, where federally mandated, enforce such ordinances by either criminal or civil penalties; and WHEREAS, the City Council of the City of Meridian (the "Council") has found that the health and welfare of the residents of the City are adversely impacted by air pollution caused by the burning of solid fuel and refuse; and WHEREAS, the State of Idaho, Department of Health and Welfare, Division of Environmental Quality ("IDEQ") has established a program pursuant to Chapter 85, Title 42, United States Code (the Federal "Clean Air Act") for the establishment of air quality designations, alert criteria and bans for solid fuel and refuse burning; and WHEREAS, the Council has found that controlling the emissions from solid fuel and refuse burning will protect the health and welfare of the citizens of the City; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: CLEAN AIR ORDINANCE Page 1 SECTION 1: SHORT TITLE: This Chapter shall be known and cited as the Meridian Clean Air Ordinance. SECTION 2: AUTHORITY AND PURPOSE: The purpose of this Chapter is to protect air quality resources vital to the public health, safety, and welfare of Meridian residents and the economic future by controlling emissions from solid fuel and refuse burning. This Chapter is promulgated under the authority of the Idaho Constitution, Article 12, Section 2, and Idaho Code SS 31-714 and 31-801. SECTION 3: APPLICABILITY: This Chapter shall apply to all areas of the City of Meridian and those areas annexed to the City of Meridian hereafter. SECTION 4: DEFINITIONS: For the purpose of this Chapter, the following terms, phrases, words, and derivations all have the meanings given herein. The word "shall" is always mandatory and not merely directory. AIR POLLUTION: The presence in the outdoor atmosphere of any contaminate, or combinations thereof, in such quality or of such nature and duration and under such conditions as would be injurious to human health or welfare, to plant or animal life, or to property, or to interfere unreasonably with the enjoyment of life or property. BUILDING: Any structure, dwelling, garage or barn, whether publicly orfPrivately u owned or strialaany other structure as defined by the Uniform Building Code as adopted in Chapter 1, Title 2, of the Revised and Compiled Ordinances of the City of Meridian. BURN DOWN: That period of time following an air pollution alert required for the cessation of combustion within solid fuel heating appliances or any outdoor fires or burning or incineration included within this Chapter. CLEAN BURNING APPLIANCE: A solid fuel heating appliance that has been CLEAN AIR ORDINANCE Page 2 certified as clean burning by either the Oregon Department of Environmental Quality or the United States Environmental Protection Agency and has been placed on the list of approved clean burning appliances maintained by the City Clerk. ECONOMIC HARDSHIP: Fifty percent (500) or less of Ada County's median income as established by the U.S. Department of Housing and Urban Development. FIREPLACE: A residential solid fuel burning device with an air -to -fuel ratio of greater than thirty (30) which is a permanent structural feature of a building. A fireplace is make up of a concealed masonry or metal flue and a masonry or metal firebox enclosed in decorative masonry or other building materials. A residential solid fuel burning device which is freestanding or which is installed into an existing "fireplace" opening is not included in the definition of "fireplace". HEAT OUTPUT: The British Thermal Unit (BTU)/hour output of a solid fuel heating appliance measured under the testing criteria as adopted by the Ada County Development Services Department. OPEN BURNING: The combustion of any material not contained in a heating appliance or incinerator. PARTICULATE -- MATTER: Any gas -borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon and other combustible matter. PERSON: Any individual, firm, partnership, association, corporation, company, organization or governmental entity. REFUSE: All solid waste, garbage, and rubbish, including but not limited to cardboard, plastic, rubber, styrofoam, petroleum products, food stuff, Christmas trees, yard debris, or chemically treated wood. REFUSE INCINERATOR: Any device designed or operated to reduce the volume of refuse, Natural gas -fired pathological incinerators are excluded. SOLE SOURCE: One or more solid fuel heating devices which constitute the only source of heat in a building for the purpose of space heating. No solid fuel heating device(s) shall be the sole source of heat if the building is equipped with a permanently installed furnace or ing system designed to heat the building that is connected or unconnected nun onnected from its energy source, utilizing oil, natural CLEAN AIR ORDINANCE gas, Page 3 electricity or propane. �-- SOLID FUEL: Any form of untreated wood or coal. SOLID FUEL HEATING APPLIANCE: An enclosed device designed for solid fuel combustion that meets all of the following criteria: A. An air -to -fuel averaging less than thirty five to one (35-to-1); B. Firebox volume less than twenty (20) cubic feet; C. Minimum burn rate lass than five (5) kilograms per hour; and D. Maximum weight of less than eight hundred (800) kilograms. Explicitly excluded are furnaces, boilers, cook stoves, and open fireplaces. SECTION 5. AIR QUALITY DESIGNATIONS AND ALERT CRITERIA: A. The quality of Meridian's air shall be determined by monitoring pollutant levels in and/or around the City of Meridian with equipment and methods approved by the Idaho State Divisioin of Environmental Quality. B. The quality of Ada County's air shall be designated according to the following table, where "PM 10" indicates particulate matter with an aerodynamic diameter less than or equal to ten (10) microns: Health Effect PM 10 Concentrations Designation 24-hour (uc/m31 Good 0- 50 Moderate 51-150 Unhealthful 151-350 Very unhealthful 351-420 Hazardous >420 C. In order to prevent the existence of air quality that is unhealthful, an air pollution "alert" will be declared whenever the Idaho State Division of Environment Quality measures levels of PM 10 concentrations exceeding one hundred (100) micrograms per cubic meter (ug/m3 forecasts air stagnation ) and conditions continuing for at least twenty four (24) hours. 1-1 CLEAN AIR ORDINANCE Page 4 SECTION 6: PUBLIC NOTIFICATION: Whenever air Pollution alert conditions are met, local print, radio, and television news media will be notified. Announcements of the existence of an air pollution "alert" will be made by the news media during regularly scheduled broadcasts and in all editions of the official newspaper of Ada County. SECTION 7: BURNING SOLID FUEL OR REFUSE: A. No person shall cause or allow refuse or coal to be burned in a solid fuel heating appliance designed for wood fuel. B. No person shall cause or allow a refuse incinerator to be operated contrary to the design, specifications, and manufacturer's instructions. SECTION 8: AIR QUALITY ALERT/ADDITIONAL RESTRICTIONS: At the onset and during the pendency of a declared air quality "alert", the following additional restrictions apply: A. No person shall cause or allow, after a three (3) hour "burn down", the operations of a solid fuel heating appliance or open fireplace, unless an exemption has be granted by the City Clerk. en B. No person shall cause or allow the operation of a solid waste incinerator. C. No person shall cause or allow open burning or refuse or solid fuel. SECTION 9: AIR QUALITY ALERT EXEMPTIONS: A. The City Clerk shall grant exemptions from this Chapter if it is determined by the City Clerk that: 1. A solid fuel heating appliance is the sole source of heat for the structure in which it is situated; or 2. Using alternative heating would unreasonable economic hardshi p; or cause an 3. The solid fuel heating appliance is listed by Ada CLEAN AIR ORDINANCE Page 5 County Development Services as a clean burning appliance. B. Any person denied an exemption under this Chapter shall be provided, at the option of the applicant for the exemption, a hearing before the Mayor and City Council. C. Any building constructed after the effective date of this Chapter shall not be eligible for an exemption under subsections Al and A2 above. SECTION 10: MINIMUM STANDARDS FOR CLEAN BURNING APPLIANCES: A. In no event shall the standards for clean burning solid fuel heating appliances allow a weighted average particulate emission greater than: 1. For a new clean burning solid fuel heating appliance with a minimum heat output of less than forth thousand (40,000) BTU per hour and tested pursuant to procedures approved by the Building Department. a. Seven and five -tenths (7.5) grams per hour for a noncatalytic solid fuel heating appliance. b. Four and one -tenth (4.1) grams per hour for a catalytic solid fuel heating appliance. 2. Clean burning solid fuel heating appliances with a minimum heat output of greater than forth thousand (40,000) BTU per hour shall not exceed an average Particulate emission standard equal to the sum of eight and zero -tenths (8.0) grams per hour plus two -tenths (0.2) grams per hour for each one thousand (1,000) BTU per hour heat output. 3. For any other solid fuel heating appliance officially exempted by the Environmental Protection Agency from the above requirements. SECTION 11: APPLICABILITY OF CHAPTER: Nothing in this Chapter is intended to conflict with, supersede, repeal, or affect any other regulations or requirements for the installation or inspection of solid fuel heating appliances, including, but not limited to, those regulations adopted at Title 2 Chapter 1, of the Revised and Compiled Ordinances of the City of Meridian. Furth CLEAN AIR ORDINANCE er, Page 6 nothing in this Chapter is entitled to conflict with, supersede, repeal, or affect any other regulations or requirements for the burning, outdoor fires, and incineration permits including, but not limited to, those regulations adopted at Title 6, Chapter 5, of the Revised and Compiled Ordinances of the City of Meridian. SECTION 12: PENALTY: A violation of any of the provisions of this Chapter or the failure or omission to perform any duty imposed by the provisions of this Chapter is hereby declared unlawful and punishable as a misdemeanor. SECTION 13: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. '- PASSED AND APPROVED this /i ' ,-t, day of 1994. CITY OF MERIDIAN ATTEST: NT P.�GS`FOR�y WILLIAM G. BERG, JR CITY CLERK CLEAN AIR ORDINANCE Page 7