Chapter 8.28 — AIR POLLUTION

Sections:

• 8.28.010 Definitions.

• 8.28.020 Misdemeanor declared for certain emissions.

• 8.28.030 Misdemeanor declared for public nuisances.

• 8.28.040 Exemptions for orchard heaters.

• 8.28.050 Exemptions for certain official fines.

• 8.28.060 Right of entry for inspections.

• 8.28.070 Authority to vary restrictions.

• 8.28.080 Hearing on variations to determine extent of discharges.

• 8.28.090 Prescription of varying standards.

• 8.28.100 Prescription of variances for rubbish burning.

• 8.28.110 Revocation of variances--Authority.

• 8.28.120 Revocation of variances--Hearing.

• 8.28.130 Specification of variance effectiveness.

• 8.28.140 Penalty for violations.

For the purpose of this chapter, the following definitions shall apply: A. "Board" means the board of supervisors of Los Angeles County. B. "Director" means the director of air pollution control provided for by Los Angeles County Ordinance No. 4460 New Series, entitled "An Ordinance Creating a Director of Air Pollution Control and Prescribing His Duties thereof," adopted February 20, 1945. (Prior code §§ 6.04.010, 6.04.020 (Ord. 284 §§ 2, 3, 1947))

Every person is guilty of a misdemeanor who, either by himself, his employee or agent, or as an employee or agent of another, causes, suffers or permits to be discharged from any source whatsoever, any smoke, dust, soot or fumes for a period or periods aggregating more than three minutes in any one hour, which is as follows: A. Equal to or greater in density than that designated as No. 2 on the Ringleman 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 A of this section. (Prior code § 6.04.110 (Ord. 284 § 16, 1947))

Every person is guilty of a misdemeanor who, either by himself, his employee or agent, or as an employee or agent of another, causes, suffers or permits to be discharged from any source whatsoever such quantities of charred paper, smoke, dust, soot, grime, carbon, noxious acids, fumes, gasses, particulate matter, or other material which may 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 person or the public, or which cause injury or damage to business or property. (Prior code § 6.04.120 (Ord. 284 § 17, 1947))

The provisions of Section 8.28.030 do not apply to the use of an orchard or citrus grove heater which: A. Does not produce unconsumed solid carbonaceous matter at a rate in excess of one gram per minute; and B. If petroleum or any product thereof is used as a fuel does not produce products of combustion arising therefrom containing unconsumed solid carbonaceous matter in excess of twenty grams per pound of fuel consumed. (Prior code § 6.04.130 (Ord. 284 § 18, 1947))

This chapter does not apply to smoke from fires set up or permitted by the superintendent of streets of the city or by the chief of the fire department of the city for the purpose of weed abatement, the prevention of a fire hazard, or the instruction of members of their staffs in the methods of fighting fires. (Prior code § 6.04.140 (Ord. 284 § 19, 1947))

The director, during reasonable hours, for the purpose of enforcing or administering this chapter, may enter every building, premises, or other place, excepting private residences. Every person is guilty of a misdemeanor who in any way denies,

obstructs or hampers such entrance. (Prior code § 6.04.150 (Ord. 284 § 20, 1947))

The provisions of this chapter do not prohibit the discharge of matter to a greater extent or for a longer period of time, or both, than permitted by Sections 8.24.020 through 8.24.040 if not of a greater extent or longer time than the director finds necessary pursuant to the provisions of this chapter. (Prior code § 6.04.160 (Ord. 284 § 21, 1947))

The director, on his own motion, or at the request of any person, may 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 Sections 8.28.020 through 8.28.040, is necessary. (Prior code § 6.04.170 (Ord. 284 § 22, 1947))

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, than that permitted by Sections 8.28.020 through 8.28.040, he may prescribe other and different standards applicable to plants and equipment operated either by named classes of industries or persons or to the operations of separate persons. (Prior code § 6.04.180 (Ord. 284 § 23, 1947))

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 Sections 8.28.020 through 8.28.040, 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 § 6.04.190 (Ord. 284 § 24, 1947))

The director may revoke or modify any order permitting a variation after a public hearing held upon not less than ten days' notice. (Prior code § 6.04.200 (Ord. 284 § 25, 1947))

The director shall serve notice of the time and place of a hearing to revoke or modify any order permitting a variation not less than ten 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 modification, either in the manner required by law for the service of summons, or by first-class mail, postage prepaid. (Prior code § 6.04.210 (Ord. 284 § 26, 1947))

The director in making any order permitting a variation may specify the time during which such order will be effective. (Prior code § 6.04.220 (Ord. 284 § 27, 1947))

Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punishable pursuant to Chapter 1.16. (Prior code § 6.04.230 (Ord. 284 § 15, 1947)) Chapter 8.29

MOBILE SOURCE AIR POLLUTION REDUCTION Sections:

• 8.29.010 Purpose.
• 8.29.020 Definitions.
• 8.29.030 Administration of vehicle registration fee.

This chapter is intended to support the South Coast Air Quality Management District's (SCAQMD) imposition of the vehicle registration fee and to bring the city into compliance with the requirements set forth in Section 44243 of the Health and Safety Code in order to receive fee revenues for the purpose of implementing programs to reduce air pollution from motor vehicles. (Ord. 91-08-1108 § 1 (part))

As applied in this chapter, the following words and terms shall be defined as follows: "City" means the city of Signal Hill. "Fee administrator" means the finance director of the city or his/her designee. "Mobile source air pollution reduction programs" means any program or project implemented by the city to reduce air pollution from motor vehicles which it determines will be consistent with the California Clean Air Act of 1988 or the plan proposed pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3 of the California Health and Safety Code. (Ord. 91-08-1108 § 1 (part))

A. Receipt of Fee. The additional vehicle registration fees disbursed by the SCAQMD and remitted to the city, pursuant to this chapter, shall be accepted by the fee administrator. B. Establishment of Air Quality Improvement Trust Fund. The fee administrator shall establish a separate interest-bearing trust fund account in a financial institution authorized to receive deposits of city funds. C. Transfer of Funds. Upon receipt of vehicle registration fees, the fee administrator shall deposit such funds into the separate account established pursuant to subsection B of this section. All interest earned by the trust fund account shall be credited only to that account. D. Expenditure of Air Quality Trust Fund Revenues. All revenues received from the SCAQMD and deposited in the trust fund account shall be exclusively expended on mobile source emission reduction programs as defined in Section 8.29.020. Such revenues and any interest earned on the revenues shall be expended within one year of the completion of the programs. E. Audits. The city consents to an audit of all programs and projects funded by vehicle registration fee revenues received from the SCAQMD pursuant to Section 44223 of the Health and Safety Code. The audit shall be conducted by an independent auditor selected by the SCAQMD as provided in Sections 44244 and 44244.1(a) of the Health and Safety Code. (Ord. 91-08-1108 § 1 (part))