§ 9.03.00. Air pollution.

(a)

Standards. To protect and enhance the air quality of the town, all sources of air pollution shall comply with rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the state department of environmental development (F.A.C. ch. 17-2), and the county. No person shall operate a regulated source of air pollution without a valid operation permit issued by the state department of environmental development.

(b)

Testing. Every use shall be so operated as to prevent the emission of smoke, from any source whatever, to a density greater than described as Number 1 on the Ringelmann Smoke Chart, provided however, that smoke equal to, but not in excess of, that shade of appearance described as Number 2 on the Ringelmann Smoke Chart may be emitted for a period or periods totaling four minutes in any 30 minutes. For the purpose of grading the density of smoke, the Ringelmann Chart as published and used by the United States Bureau of Mines, and which is hereby made, by reference, a part of chapter 26, shall be the standard. All measurements shall be at the point of emission. Every use shall be so operated as to prevent the emission into the air of dust or other solid matter which may cause damage to property and health of persons or animals at or beyond the lot line of the property on which the use is located. Air pollution emissions shall be tested and results reported in accordance with techniques and methods adopted by the state department of environmental development and submitted to the state. These tests shall be carried out under the supervision of the state and at the expense of the person responsible for the source of pollution.

(c)

Requirements.

(1)

Open burning shall only be as authorized by the town council on an individual basis and is discouraged due to its adverse impact on air quality.

(2)

Land uses, new industries and commercial activities which might have an adverse impact on air quality shall be prohibited.

(3)

The town and all developers, builders and owners of property shall cooperate with the county and state in the monitoring of air quality, identification of sources of air pollution and in encouragement of the use of alternative energy resources that do not degrade air quality.

(4)

No purchase regulations shall preclude the acquisition of alternative energy resources.

(Ord. No. 91-6, § 3(9.03.00), 2-11-1992)