This chapter shall be known as and may be cited as the "Madison Heights Air Pollution Prevention Ordinance."

(Ord. No. 980, § 1, 9-28-98)

The City of Madison Heights notes that the U.S. Congress in the Clean Air Act has encouraged local governments to take actions to prevent air pollution; that the State of Michigan Natural Resources and Environmental Protection Act provides that the State statutory and regulatory air emission requirements are to be considered minimum standards; and that the Clean Air Act and the Natural Resources and Environmental Protection Act establish that the city, as a political subdivision of the state, may adopt ordinances and otherwise exercise its right to control, abate, prevent and/or limit air emissions provided the requirements so established are equal to or more stringent than the applicable United States or state standards or limitations, and the City of Madison Heights has determined that certain of the air pollution prevention requirements established by the United States and the State of Michigan are insufficient in the opinion of the city to adequately prevent air pollution and to preserve, protect and improve the public health and the environment within the boundaries of the city.

It is the responsibility of the city to preserve, protect and improve the air resources of the City of Madison Heights, so as to promote the health, safety, and welfare of its residents; to prevent injury to human health, plant and animal life and property; and to foster the comfortable enjoyment of life and property by its residents and since air pollution is well recognized to constitute a direct threat to the public health, safety and welfare, the city adopts this chapter.

(Ord. No. 980, § 1, 9-28-98)

In this chapter, the following words and phrases shall have the meanings respectively ascribed to them:

(1)

Air cleaning device means any method, process or equipment which removes, reduces or renders less noxious air contaminants discharged into the atmosphere.

(2)

Air contaminant means a dust, fume, gas, mist, odor, smoke, vapor, chemical or any combination thereof, and includes, but is not limited to, the following substances as defined in the State of Michigan Natural Resources and Environmental Protection Act and the rules and regulations adopted thereunder or as commonly defined in the scientific community: organic compounds, metals, carbon monoxide, particulate matter, volatile organic compounds, dioxin, furans, acid gases and mists, oxides of nitrogen, sulfur dioxide and hydrogen chloride.

(3)

Air emission source means any part of a building or facility (including all related structures and operating areas) where any air contaminant(s) are or may be emitted to the outdoor atmosphere.

(4)

Air pollution means the presence in the outdoor atmosphere of air contaminants in quantities, of characteristics and under conditions and circumstances and of a duration which are or can become injurious to human health or welfare, to animal life, to plant life or to property, or which interferes with the enjoyment of life and property.

(5)

Existing major emission source means a major emission source which was issued by the State of Michigan a permit to operate or a permit to install for installation, construction, modification, alteration, or retrofit prior to the effective date of this chapter.

(6)

Existing solid waste incinerator means a solid waste incinerator which:

(a)

Was issued by the State of Michigan a permit to operate or a permit to install for installation, construction, modification, alteration, or retrofit prior to June 15, 1993, unless it was denied by the State of Michigan a permit to operate prior to June 15, 1993; or

(b)

Is located at a geographical site at which one or more incinerator units incinerated waste during the six months prior to June 15, 1993.

(7)

Major emission source means all equipment and processes or accumulation of equipment and processes at a geographical site owned or operated by the same person or entity which emits or could emit at its maximum possible production and/or processing capacity a total of 250 or more tons per year of air contaminants. It includes the building(s) which house such equipment and processes and all related structures and operating areas. It does not include solid waste incinerators.

(8)

Modify an existing major emission source means to add any air contaminant producing or emitting equipment or process or emission cleaning or controlling device to an existing major emission source or to modify or replace any such equipment, process or device, if such modification, replacement or addition will result in an increase in the yearly emissions of any one or more air contaminant(s) or in the emission of a new or different air contaminant. It includes all such modifications, replacements or additions even if they will result in a decrease in the yearly emissions of other air contaminants unless the total emissions of all air contaminants from the emission source will be less than 250 tons per year after such modifications, replacements or additions. It does not include routine repair or maintenance of existing equipment or devices. To determine if there will be an increase or decrease in the yearly emissions of an air contaminant following such a modification, replacement or addition, the maximum potential yearly emissions of the contaminant following the modification, replacement or addition shall be calculated and compared to the actual yearly emissions of such contaminant during the last full year of operation of the source prior to the proposed modification, replacement or addition. In calculating the maximum potential yearly emissions following the modification, replacement or addition, the source's maximum possible production and/or processing capacity shall be used. If the actual yearly emissions prior to the proposed modification, replacement or addition is unknown, such emissions shall be calculated based upon the average production and/or processing rates experienced during the last full year of operation of the major emission source.

(9)

New major emission source means a major emission source which is not an existing major emission source.

(10)

New solid waste incinerator means a solid waste incinerator which is not an existing solid waste incinerator.

(11)

Open burning means a fire from which the products of combustion are emitted directly into the outdoor atmosphere without passing through a stack or chimney.

(12)

Smoke means small gas and airborne particles consisting essentially of carbonaceous materials.

(13)

Solid waste means any material, including liquids, which is abandoned or discarded for disposal, recycling or composting. It includes, but is not limited to, bulky waste, compostables, garbage, recyclables and rubbish as such terms are defined in chapter 14 of the Code of Ordinances of the city.

(14)

Solid waste incinerator means a facility which combusts any solid waste material from commercial, industrial and/or general public facilities (including single and multiple residences, hotels and motels). It includes, but is not limited to, facilities which combust any such solid waste for the primary purpose of producing electricity, steam, heat or any other form of useful energy or for the recovery of metals.

(Ord. No. 980, § 1, 9-28-98)

Except to the extent that greater or equal requirements are set forth herein, the air emission provisions and requirements of the State of Michigan Natural Resources and Environmental Protection Act and the rules and regulations adopted thereunder, all as amended from time to time, are incorporated herein by reference. It shall be unlawful for any person or entity to construct or operate any source of air contaminants which violates or does not comply with the requirements and limitations established from time to time by such statute, rules and regulations or, to the extent that such requirements or limitations are less restrictive, in violation of the requirements and limitations set forth herein. Copies of the State of Michigan statutes, rules and regulations shall be kept on file in the office of the city clerk where they shall be available for inspection and use by the public.

(Ord. No. 980, § 1, 9-28-98)

The open burning of any material shall be unlawful except in the following circumstances:

(1)

Upon written approval of the fire chief or his designate, open fires may be set in performance of an official duty of any public officer if the fire is necessary for one of more of the following reasons or purposes:

a.

For the prevention of a fire hazard which cannot be abated by other means.

b.

For the instruction of public fire fighters or industrial or commercial employees under the proper supervision of a qualified instructor.

c.

For the protection of public health.

d.

For the heating warmth of outworkers.

(2)

Charcoal or small wood fires may be used for the cooking of food, provided no smoke violation or other public nuisance is created.

(3)

Campfires/bonfires upon written approval of the fire chief or his designate pursuant to section 14-10 of the City Code and the International Fire Code heretofore adopted by the City of Madison Heights.

(4)

When the written approval of the fire chief is required under this section, the fire chief or his designee in granting such approval may impose such conditions, restrictions or requirements including, but not limited to, the applicable provisions of the International Fire Code, as heretofore adopted by the City of Madison Heights, as he/she deems necessary for the protection of the public health and/or prevention of public nuisances.

(Ord. No. 1035, § 1, 9-13-04)

Editor's note— Ord. No. 1035, § 1, adopted Sept. 13, 2004, repealed the former § 3-5, and enacted a new § 3-5 as set out herein. The former § 3-5 pertained to similar subject matter and derived from Ord. No. 980, § 1, adopted Sept. 28, 1998.

After the effective date of this chapter, it shall be unlawful to build a new solid waste incinerator or build a new or modify an existing major emission source unless it is located at least 1,000 feet from residential dwellings, public and private elementary and secondary schools, preschool facilities for infants or children, hospitals and nursing homes. Nothing in this section is intended to exclude major emission sources or solid waste incinerators from the requirements or provisions of any other section of this chapter 3, as amended, and any violation hereof shall be subject to the enforcement and penalties provisions thereof.

(Ord. No. 980, § 1, 9-28-98)

It shall be unlawful for any person or entity to cause, suffer or allow to be emitted into the outdoor atmosphere odors that can be detected at any residence, public or private school facility, health care facility or recreational property.

(Ord. No. 980, § 1, 9-28-98)

It shall be unlawful for any person or entity to cause, suffer or allow the emission of smoke at a density greater than the density described as No. 1 on the Ringelmann Chart, except that smoke of a density described as No. 2 on such chart may be emitted for up to a total of no more than four minutes in any 30-minute period. Umbrascope readings of smoke densities may be used to determine violations hereof, provided such readings are correlated to the Ringelmann Chart.

(Ord. No. 980, § 1, 9-28-98)

It shall be unlawful for any person or entity to cause, suffer or allow the emission of gasborne or airborne solids or fumes from any process or combustion device in excess of 0.20 grains per cubic foot of the carrying medium at a temperature of 500 degrees Fahrenheit. Compliance with this requirement may not be achieved through the introduction of air into the process or combustion device at a rate which exceeds by 50 percent or more the amount of air necessary to effectively operate said process or device for the purpose intended.

(Ord. No. 980, § 1, 9-28-98)

The building inspection administrator and/or the fire chief, or their designates, of the city shall be responsible for the enforcement of the requirements of this chapter and their duties shall include:

(1)

To investigate complaints;

(2)

To examine the plans, specifications and any permit applications to the State of Michigan for all new buildings and operations or repairs or modifications to existing buildings or operations to determine that such buildings or operations when erected, repaired or modified will not violate the requirements of this chapter; and,

(3)

To take the necessary actions to prevent any violations of this chapter, to require compliance with the requirements of this chapter or to prosecute violations.

The city council reserves for itself authority concurrent with the authority of the building inspection administrator and the fire chief to institute on its own motion or upon information supplied by the building inspection administrator or the fire chief legal proceedings to prevent or prosecute violations of this chapter or to require compliance with its requirements.

(Ord. No. 980, § 1, 9-28-98)

It is the purpose of this chapter to provide additional and cumulative rights and remedies to prevent and abate air pollution. Nothing herein contained shall abridge or alter other public or private rights of action or remedies now or hereafter existing.

(Ord. No. 980, § 1, 9-28-98)

Any person or entity who shall violate any provision of this chapter shall be punished by a fine of not more than $500.00 and the costs of prosecution or by imprisonment for not more than 90 days, or both such fine and imprisonment. Each violation and every day upon which any such violation shall occur or continue shall constitute a separate offense.

(Ord. No. 980, § 1, 9-28-98)