§ 3-10. Air pollution nuisances prohibited; additional emission restrictions; interference with the enjoyment of life and property.

(a)

No person shall cause or permit the discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause or have a tendency to cause injury or damage to business or property.

(b)

Nothing in any other regulation concerning emission of air contaminants or any other regulation relating to air pollution shall in any manner be construed as authorizing or legalizing the creation or maintenance of a nuisance as described in this section.

(c)

Certain particulate emissions may, because of their chemical or physical nature, require emission rates lower than those provided for in section 3-16. In such cases, the director shall notify the person responsible for the emission in writing of the reasons for special concern regarding the existing or proposed contaminant emission and specify an alternate rate that is not to be exceeded. Such notice shall include notice of the right to public hearing. Emission requirements specified in the written notice shall become final unless, within 15 days after receipt of the notice, the person or persons named in the notice shall request in writing a hearing by the director. The director shall forthwith notify the person or persons responsible for the existing or proposed contaminant emission of the date of the hearing.

(d)

Compliance with the provisions of this chapter (including exemptions included herein) notwithstanding, should it be found after public hearing that any specific emission source is, tends to be, will be, or will tend to be significantly injurious to human health or welfare, animal or plant life or property, or is or will be unreasonably interfering with the enjoyment of life and property of any inhabitant of the county, or will interfere with the attainment or maintenance of any national ambient air quality standard, an appropriate order may be issued by the director to require such additional prevention, abatement or control of the emission involved as is necessary to effect the purposes of this chapter.

(Code 1964, § 2A-10; Code 1988, § 3-10; Ord. No. 52677, § 1, 2-28-1974)