§ 4.3.9. Performance standards for commercial and industrial zoning classifications.

A.

Application. All uses in the B-3, B-5, IC, RAC, M-1, and M-2 zoning classifications shall comply with the performance standards set forth below:

B.

Methods for Measurement. In determining compliance with the requirements herein, standard instruments which have been accepted by the particular industry involved shall be used. Listed below are the instruments and manuals which shall be used, except that suitable substitutes as determined by the Growth Services Director may also be used. The initials listed before the particular instruments or manuals are symbols which will be used elsewhere in these regulations. The manuals, codes, and description of measuring devices cited below, are hereby adopted by reference as if the works appeared in this Code in their entirety. The most recent amendment or revision of each code or manual shall be used.

C.

Standard Manuals and Measuring Devices:

(1)

The following devices and instruments standardized by the American Standards Association shall be used:

A.D.I. ATMOSPHERIC DUST IMPINGER

(2)

One of the following devices or its equivalent for measuring cup flash points shall be used:

PENSKY-MARTENS

TAGLIABUE

(3)

The following charts and manuals are hereby adopted by reference as they may apply to the regulations set forth herein:

BMI 6888 THE RINGELMANN CHART DESCRIBED IN US BUREAU OF MINES INFORMATION CIRCULAR 6888.

APAM "AIR POLLUTION ABATEMENT MANUAL" OF THE MANUFACTURING CHEMIST ASSOCIATION.

PHR 47 US PUBLIC HEALTH REPORT 47, NO 12. "MEASUREMENT OF DENSITY OF MINERAL DUSTS"

ICR 12 INDUSTRIAL CODE RULE NO. 12 ADOPTED BY THE BOARD OF STANDARDS AND APPEALS OF THE NEW YORK STATE DEPARTMENT OF LABOR

CFR 10 TITLE 10, CHAPTER 1, PART 20 CODE OF FEDERAL REGULATIONS, "STANDARDS FOR PROTECTION AGAINST RADIATION"

D.

Smoke. For the purpose of determining smoke units, the Ringelmann Chart shall be employed (BMI 6888). Each reading (Ringelmann Number) shall be multiplied by the time in minutes for which it was observed, and the products added together to give the total number of smoke units observed during the total period of observation. This total shall then be converted into units per hour. The emission of more than ten smoke units per hour per stack, and smoke with a density in excess of Ringelmann No. 2 is prohibited except as indicated below. For special operations, the following limitations apply:

MAXIMUM FREQUENCY AND PERMITTED SMOKE UNITS AND DENSITIES FOR SPECIAL OPERATIONS

MAXIMUM FREQUENCY PERMITTED:

(1)

For rebuilding fires within 24-hour period ..... Once

(2)

For banking or cleaning fires, soot blowing, or process purging ..... Once
in 6 hours

MAXIMUM SMOKE UNITS PERMITTED PER HOUR PER STACK DURING SPECIAL OPERATIONS:

RINGELMANN NO. 1 ..... 20

RINGELMANN NO. 2 ..... 10

RINGELMANN NO. 3 ..... 3

E.

Odor. No odor shall be permitted at any facility property line exceeding the lowest amount set forth in the Table III, "Odor Thresholds" of Chapter 5 APAM. For compounds not described in the table, odor thresholds shall be described in Chapter 5 of APAM, and no odor shall be permitted at any facility property line exceeding the amount determined by such method.

F.

Toxic or Noxious Matter. The concentration of toxic or noxious odors shall not exceed, at any point on or beyond any facility property line, one-tenth of the maximum allowable concentration set forth in Section 12.29 of ICR12 measured with the A.D.I.

G.

Radiation. No operation, whether or not licensed by the atomic energy commission, shall be conducted in a manner which exceeds the standards set forth in CFR10.

H.

Fire and Explosive Hazards:

(1)

Storage and utilization of solid materials or products which are incombustible or which in themselves support combustion and are consumed slowly as they burn is permitted.

(2)

Storage, utilization or manufacture of solid materials or products including free burning and intense burning is permitted provided that said material or products shall be stored, utilized or manufactured within completely enclosed buildings having incombustible walls and protected throughout by an automatic fire extinguishing system.

(3)

Storage, utilization, or manufacture of flammable liquids, or materials which produce flammable or explosive vapors or gases shall be permitted in accordance with the following table, exclusive of storage of finished products in original sealed containers which shall be unrestricted. The quantity in cubic feet (S.T.P.) permitted shall not exceed 300 times the quantities listed below where the factor is the volume in cubic feet occupied by one gallon of the liquid. Cap flash points shall be measured by the Pensky-Martens, Tagliabue or other standard test equipment. Closed cup flash point is the temperature at which a liquid sample produces sufficient vapor to flash, but not to ignite, when in contact with a flame in a closed cup tester.

Table 4.3-1
Total Capacity of Flammable Materials Permitted
(In Gallons)

M-1 Classification
Indutries Engaged in Storage Only	Above Ground	Under Ground
Materials with Closed Cup Flash Point Over 187 Degrees F.	Prohibited	100,000
Flash Point 105 Degrees F.	Prohibited	40,000
Flash Point Under 105 Degrees F.	Prohibited	20,000
Industries Engaged in Utilization and Manufacture of Flammable Materials	Above Ground	Under Ground
Materials with Closed Cup Flash Point Over 187 Degrees F.	50,000	100,000
Flash Point 105 Degrees F.—187 Degrees F.	20,000	40,000
Flash Point Under 105 Degrees F.	5,000	10,000
M-2 Classification
Unrestricted, provided, that storage, handling and use shall be in accordance with "Standards of National Board of Fire Underwriters for Storage, Handling, and use of Flammable Liquids," National Board of Fire Underwriters Pamphlet No. 30, June, 1959.

 

I.

Electromagnetic Interference. No use, activity, or process shall be conducted which produces electromagnetic interference with normal radio or television reception in residential or business districts.

J.

Violation of standards:

(1)

If in the opinion of the Growth Services Director a violation of these performance standards has occurred, the Director shall send a written notice of said violation to the owner of the property by certified mail. The owner shall have 30 days to correct the violation unless, in the opinion of the Director, there is an imminent peril to the life and property of persons adjacent to the alleged violation, in which case the violation shall be corrected within ten calendar days.

(2)

Where determinations of a violation can be made by the Director using equipment normally available to the County or obtainable without extraordinary expense, such determination shall be made before notice of violation is issued.

(3)

Where technical complexity or extraordinary expense makes it unreasonable for the County to maintain the personnel or equipment necessary to make the determination of violation, then the County shall call in properly qualified experts to make the determination. If expert findings indicate a violation of the performance standards, the costs of the determination shall be assessed against the properties or persons responsible for the violation in addition to the other penalties prescribed by this Code. If no violation is found, cost of the determination shall be paid entirely by the County.

(Ord. No. 17-08, § 2(Exh. A), 4-11-2017)