San Mateo County Municipal Code Ch. 5.88 Smelters

The word "day" shall be construed to be the period of time between any midnight and the midnight following; and the word "smelter" includes, and shall be construed to cover, any and all buildings, works and plants for, or involved in, the treatment, roasting or reduction of metalliferous ore or matte containing lead, copper, antimony, zinc, arsenic, or sulphur, or any compound thereof, and having the capacity to treat, roast or reduce fifty (50) tons or more of such ore or matte per day.

(Prior code § 5590.1; Ord. 219, 01/20/1908)

It shall be unlawful for any person to operate in the County of San Mateo any smelter unless he shall have procured and paid for the License hereinafter mentioned and required.

It shall be the duty of any person desiring to operate a smelter to procure from the ex-officio License collector of this County, before commencing to operate the same, a License authorizing him to operate the same, and shall pay therefore to the said License collector the License tax hereinafter set forth for a smelter of the capacity of the one he desires to operate.

(Prior code § 5590.2; Ord. 219, 01/20/1908)

The classification and the License fee for the operation of a smelter pursuant to the provisions of this chapter shall be as follows:

Class 1. A smelter having a capacity of not exceeding one hundred (100) tons of ore per day, the sum of Fifteen ($15) Dollars per month.

Class 2. A smelter having a capacity of more than one hundred (100) tons and not exceeding five hundred (500) tons of ore per day, the sum of Twenty-Five ($25) Dollars per month.

Class 3. A smelter having a capacity of more than five hundred (500) tons and not exceeding one thousand (1000) tons of ore per day, the sum of Fifty ($50) Dollars per month.

Class 4. A smelter having a capacity of more than one thousand (1000) tons and not exceeding two thousand (2000) tons of ore per day, the sum of One Hundred ($100) dollars per month.

Class 5. A smelter having a capacity of more than two thousand (2000) tons of ore per day, the sum of One Hundred Fifty ($150) Dollars per month.

Said License tax shall be payable quarterly, semi-annually, or annually in advance, at the option of the Licensee; but no License shall be issued for a longer period than one year from the date thereof, provided, that the same may be renewed at the expiration thereof on proper payment therefor.

(Prior code § 5590.3; Ord. 219, 01/20/1908)

It shall be the duty of the Health Officer of said County, or such other person as the Board of Supervisors may designate therefor, at such time or times as the said Board, or the President thereof, may direct, or such Health Officer or person shall deem it necessary or proper to visit any such smelter and the Premises on which it is situated and examine the same and exercise the rights and perform the acts provided in Section 5.88.050 hereof. He shall, when he deems it necessary or proper, or when so directed thereto by said Board, or its President, take samples of the air, smoke, gases and fumes discharged or issuing from such smelter into the free atmosphere and shall have the same analyzed to ascertain whether they exceed in content the maximum of oxides of sulphur permitted to be discharged, as hereinbefore provided, and whether such air, smoke, gases and fumes contain dangerous or injurious quantities of arsenic, flue dust or other noxious substances, and as nearly practicable the amount thereof per cubic foot, and shall report to the Board of Supervisors the result of his examination and analysis; and said Board may thereupon, if it deems it necessary or proper, direct the District Attorney of said County to file a proper charge and complaint against, and prosecute, any person who, in its judgment, has willfully violated this chapter; but prosecutions for violation of any provision of this chapter may be instituted, had and maintained without any order of said Board therefor. And nothing herein contained shall justify or permit the maintenance of a nuisance of any character or deprive any one of his action at law or in equity for the abatement thereof, or for damages arising therefrom, or for any proper relief or judgment.

(Prior code § 5590.4; Ord. 219, 01/20/1908; Ord. 3308, 03/12/91)

The Health Officer or other person mentioned in Section 5.88.040 hereof shall, for the purposes of this chapter, have free access to, and may at anytime, by day or night, and without giving previous notice:

(a) Enter and inspect any smelter for the operation of which a License has been granted as aforesaid;

(b) Observe and examine any process causing the evolution of any noxious or offensive air, smoke, gases, fumes, arsenic, flue dust or waste substance, and any apparatus for preventing the discharge thereof into the atmosphere, or for rendering any smoke, gases, fumes, arsenic, flue dust or noxious substances generated thereat harmless or inoffensive when discharged;

(c) Ascertain the quantity and composition of the air, smoke, gases, fumes, arsenic, flue dust and noxious substances discharged from any such shelter;

(d) Enter and inspect any place where liquid, acid, or other waste substance is discharged or deposited;

(e) Collect and remove for analysis samples of air, smoke, gases, fumes, fluids, and solid matter generated or made at such shelter; and

(f) Make such investigation and apply such tests as he may deem necessary or proper, or said Board may direct, to carry out the purposes of this chapter; provided, however, that no person shall be obliged to disclose or permit the examination of any secret process or apparatus used in operating such smelter.

(Prior code § 5590.5; Ord. 219, 01/20/1908)

(a) It shall be unlawful for any person to operate in the County of San Mateo any smelter unless he shall have first provided, and thereafter shall continuously maintain, at such smelter easy and efficient access thereto and means whereby samples of any noxious air, smoke, gases, fumes, flue dust or waste substance generated thereat and discharged therefrom may be readily taken for analysis.

(b) It shall be unlawful for any person to cause, allow or permit to escape or be discharged from any chimney or flue directly or indirectly connected with the furnaces, converters or other parts of any smelter into the free atmosphere any air, smoke, gases or fumes which said air, smoke, gases or fumes contain oxides of sulphur estimated as sulphur trioxide or sulfuric anhydride amounting to more than two (2) grains per cubic foot of said air, smoke, gases, or fumes, if such smelter be of the capacity of not more than one hundred (100) tons of ore per day, or more than one and one-half (1-½) grains per cubic foot of such air, smoke, gases or fumes if such smelter exceeds in capacity one hundred (100) tons of ore per day; and in calculating the proportions for the purpose of this chapter, such air, smoke, gases or fumes shall be calculated at a temperature of sixty degrees (60), Fahrenheit thermometer, and at a barometric pressure of thirty inches (30″).

(c) It shall be unlawful for any person to cause, allow or permit to escape or be discharged from any chimney or flue directly or indirectly connected with the furnaces or converters or other parts of any smelter into the free atmosphere any air, smoke, gases or fumes which contain arsenic, flue dust or any noxious substance in such quantity that the same is dangerous or injurious to animal or vegetable life.

(d) It shall be unlawful for any person to cause, allow or permit to be discharged from any smelter into the waters of the bay of San Francisco, within the County of San Mateo, or into any branch or arm thereof or tributary thereto within said County, any sulfuric acid, nitric acid, arsenic, lead, copper, zinc, antimony, or the compound of any two or more of them.

(e) It shall be unlawful for any person to resist, hinder, delay, annoy or interfere with the Health Officer, or other person mentioned in Sections 5.88.040 and 5.88.050 hereof, while in the performance of any duty or act provided for or authorized by this chapter.

(Prior code § 5590.6; Ord. 219, 01/20/1908)