Long Beach Municipal Code Ch. 8.64 Air Pollution

Footnotes:

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State Law reference— Provisions on the role of local authorities in the control of air pollution, Health and S. C. § 40000.

"Director" means the officer or employee of the City, or of the County of Los Angeles, in the event the City contracts with the County for the enforcement of this Chapter, charged with responsibility for the enforcement of this Chapter.

(Prior code § 5400)

No person either by himself, employee or agent, or as an employee or agent of another shall cause, suffer, or permit to be discharged from any source whatsoever, any smoke, dust, soot or fumes for a period, or periods, aggregating more than three (3) minutes in any one (1) hour, which is:

A. Equal to or greater in density than that designated as No. 2 on the Ringelmann Chart, as published by the United States Bureau of Mines; or

B. So dense as to obscure the passage of light to a degree equal to or greater than does smoke described in Subsection 8.64.020.A.

(Prior code § 5400.1)

No person shall, either by himself, his employee or agent, or as an employee or agent of another, cause, suffer, or permit to be discharged from any source whatsoever such quantities of charred paper, smoke, dust, soot, grime, carbon, particulate matter, or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property.

(Prior code § 5400.2)

No person shall, either by himself, his employee or agent, or as an employee or agent of another, cause, suffer, or permit to be discharged from any source whatsoever such quantities of fumes, gases, odors, smells, acids which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property.

(Prior code § 5400.3)

A. The prohibitions of this Chapter do not apply to any action either positively permitted or prohibited by constitutional provision or by general law.

B. The provisions of Section 8.64.020 do not apply to the use of an orchard or citrus grove heater which:

1. Does not produce unconsumed solid carbonaceous matter at a rate in excess of one (1) gram per minute; and

2. If petroleum, or any product thereof is used as fuel, does not produce products of combustion arising therefrom containing unconsumed solid carbonaceous matter in excess of twenty (20) grams per pound of fuel consumed.

C. The provisions of this Chapter do not apply to smoke from fires set by or permitted by the Director of Public Service for the purpose of weed abatement, or by the Fire Chief for the prevention of a fire hazard, or the instruction of members of his staff in the methods of fighting fire.

(Prior code § 5400.4)

The Director, during reasonable hours, for the purpose of enforcing or administering this Chapter, may enter every building, premises, or other place, except a private residence. No person shall in any way deny, obstruct, or hamper such entrance.

(Prior code § 5400.5)

The provisions of this Chapter do not prohibit the discharge of matter to a greater extent or for a longer time, or for both, than permitted in this Chapter if not of a greater extent or longer than the Director finds necessary pursuant to the provisions of this Chapter.

(Prior code § 5400.6)

The Director may on his own motion, or at the request of any person, hold a hearing to determine under what conditions and to what extent the discharge of matter to a greater extent or for a longer time, or both, than that permitted by this Chapter is necessary.

(Prior code § 5400.7)

If the Director finds that because of conditions beyond control necessary equipment is not obtainable with which to make changes necessary to reduce such discharge in extent or time, or both, to that permitted by this Chapter, he may prescribe other and different standards applicable to plants and equipment operated either by named classes of industries or person, or to the operations of separate persons.

(Prior code § 5400.8)

If the Director finds that the burning of rubbish or refuse is necessary to prevent a fire or health hazard and also finds that neither adequate equipment, nor facilities are available for the disposal of such rubbish in a manner conforming with the provisions of this Chapter, he may prescribe other and different standards not more onerous applicable either to named classes of rubbish disposal or persons, or to the operations of separate persons.

(Prior code § 5400.9)

A. The Director in making any order permitting a variation may specify the time during which such order will be effective.

B. Unless an earlier date is specified in the order, every order permitting a variation shall expire six (6) months after it is made.

(Prior code § 5400.10)

The Director may revoke or modify any order permitting variation after a public hearing held upon not less than ten (10) days' notice.

(Prior code § 5400.11)

The Director shall serve notice of the time and place of a hearing to remove or modify any order permitting a variation not less than ten (10) days prior to such hearing upon all persons who will be subjected to greater restrictions if such order is revoked or modified as proposed and upon all other persons who have filed with the Director a written request for such notification, either in the manner required by law for the service of summons or by first class mail postage prepaid.

(Prior code § 5400.12)