Chapter 4
AIR POLLUTION¹

Sec. 4-1. Definitions.

As used in this chapter, except as otherwise specifically provided herein and except where the context indicates otherwise, the following words shall have the meaning ascribed to them unless the context clearly indicates otherwise:

Air contaminant: Any solid, liquid or gas, except uncombined water, discharged into the outdoor atmosphere.

Air pollution: The presence in the outdoor atmosphere of one or more contaminants or combinations thereof in such quantities and of such duration that they are or may tend to be injurious to human, plant or animal life, or property, or that interfere with the comfortable enjoyment of life or property or the conduct of business.

Air quality specialist: The person designated as the air quality specialist by the state of Idaho, Department of Health and Welfare, Division of Environment.

Air stagnation: A condition when there is little or no air movement as determined by the air quality specialist.

Control officer: The city manager of the city of Lewiston, Idaho, or his designated representative.

Episode: A condition when an air quality alert or warning is forecast as determined by the air quality specialist.

Impaired air quality: A condition determined by the control officer when air quality may become unhealthful by the production of pollutants from open burning

Incinerator: Any device, structure or contrivance used to burn refuse as defined herein, or process refuse as defined herein, in any way.

Multiple chamber incinerator: Any article, machine, equipment, contrivance, structure or part of structure, used to dispose of combustible refuse by burning, consisting of three (3) or more refractory lined combustion furnaces in series, physically separated by refractory walls, interconnected by gas passage ports or ducts and employing adequate design parameters necessary for maximum combustion of the material to be burned.

Open burning: The burning of any matter in such a manner that the products of combustion resulting from burning are emitted directly into the open atmosphere without passing through a stack, chimney or duct of an approved incinerator as defined herein.

Particulate matter: Any material, except uncombined water, which exists in a finely divided form as a liquid or solid at standard conditions.

Person: An individual, firm, public or private corporation, association, partnership, political subdivision, municipality or government agency.

Refuse: Any combustible solid, liquid or gaseous waste material, including garbage, rubbish, trade wastes, leaves, salvageable material, agricultural wastes and other wastes.

Salvage operation: Any business, trade, industry or other activity conducted in whole or in part for the purpose of salvaging or reclaiming any product or material, including but not limited to metals or chemicals.

Smoke: Small gas-borne particles other than water that form visible plume in the air and form a source of atmospheric pollution.

Standard conditions: A gas temperature of sixty (60) degrees Fahrenheit and a gas pressure of fourteen and seven-tenths (14.7) pounds per square inch absolute. (Code 1960, § 3A-1; Ord. No. 2858, § 1; Ord. No. 3855, § 1, 3-16-87; Ord. No. 3967, § 1, 11-19-90)

Sec. 4-2. Reserved.

Editor’s note – Ord. No. 4282, § 1, adopted March 26, 2001, repealed former § 4-2, relative to refuse burning restrictions, which derived from the 1960 Code, § 3A-2; Ord. No. 2858, § 2; Ord. No. 3810, § 1, adopted March 3, 1986; Ord. No. 3855, § 2, adopted March 16, 1987; and Ord. No. 3967, § 2, adopted Nov. 19, 1990.

Sec. 4-3. Air quality alert.

(a) In order to prevent the existence of unhealthful air, a voluntary air pollution alert will be declared by the fire chief on days when weather conditions cause air stagnation continuing for at least twenty-four (24) hours. Whenever air pollution alert conditions are met, local print, radio and television news media will be notified and encouraged to announce that during the air quality alert, voluntary shutdown of the operation of uncertified or nonexempt wood stoves or other solid fuel heating appliances is sought. Voluntary compliance is not sought in structures where the wood stove or other solid fuel heating appliance is the sole source of heat for the structure.

(b) As used in this section wood stove or other solid fuel heating appliance shall mean any enclosed device designated for solid fuel combustion that meets all of the following criteria:

(1) An air-to-fuel ratio averaging less than thirty-five (35) to one (1);

(2) A firebox volume less than twenty (20) cubic feet;

(3) A minimum burn rate less than five (5) kilograms per hour; and

(4) A maximum weight of less than eight hundred (800) kilograms.

Explicitly excluded from this definition are furnaces, boilers, cook stove and open fireplaces.

(c) A person shall not cause or allow any of the following materials to be burned in any wood stove or other solid fuel heating appliance:

(1) Garbage;

(2) Treated wood;

(3) Plastic;

(4) Rubber;

(5) Animals;

(6) Asphaltic products;

(7) Waste petroleum products;

(8) Paints. (Ord. No. 4017, § 2, 9-30-91; Ord. No. 4093, § 1, 3-14-94)

Editor’s note – Ord. No. 4017, §§ 1 – 3, adopted Sep. 30, 1991, repealed §§ 4-3 – 4-9, and enacted new provisions for §§ 4-3 and 4-4. Former §§ 4-3 – 4-9 were concerned with incinerators and emissions of air contaminants, and derived from the 1960 Code, §§ 3A-3 – 3A-9; Ord. No. 2858, §§ 3 – 9; and Ord. No. 3855, § 3, adopted March 16, 1987.

Sec. 4-4. Smoke control and regulation.

The creation, maintenance or continuation of excessive quantities of smoke produced by wood-burning appliances, including fireplaces, within the city, be and the same is hereby declared a health hazard and a public nuisance.

(1) It shall be unlawful for any person to allow the production or continuation of excessive quantities of smoke which may be emitted by wood-burning appliances, including fireplaces, which disturbs, injures or endangers the comfort, repose, health, peace, safety and welfare of any other person or persons of any area within the city.

(2) It shall be unlawful for any person, after thirty (30) minutes from the initial start up of any wood-burning appliance, including fireplaces, to allow emissions therefrom to exceed an opacity reading of twenty (20) percent as determined by Method 9 in the Procedures Manual for Air Pollution Control, Idaho Air Quality Bureau, Division of Environmental Quality. (Ord. No. 4017, § 3, 9-30-91)

Editor’s note – See editor’s note to § 4-3.

Secs. 4-5 – 4-9. Reserved.

Editor’s note – See editor’s note to § 4-3.

Sec. 4-10. Reserved.

Editor’s note – Ord. No. 3966, § 1, adopted July 23, 1990, repealed former § 4-10, relative to the Lewis Clark Valley air quality advisory commission, which derived from Ord. No. 3943, § 1, adopted May 30, 1989.

Sec. 4-11. Open burning prohibited.

(a) Except as provided hereafter, all open burning shall be prohibited within the city.

(b) The following activities are exempt from the regulations of this section:

(1) Barbecues.

(2) Ceremonies.

(3) Fireplaces.

(4) Firefighting training under the direction of the fire chief.

(5) Weed or fire hazard control under the direction of the fire chief.

(6) Other buildings, structures and material deemed a hazard to public safety or health by the fire chief. (Ord. No. 3967, § 3, 11-19-90; Ord. No. 4282, § 2, 3-26-01)

Cross reference – Fire prevention and protection, Ch. 15; garbage, rubbish and weeds, Ch. 17.

---

Footnotes

1. State law reference – Air Pollution Control Act, Idaho Code, § 39-2903.