11/02/1966
439
REGULAR MEETING OF BOARD OF HEALTH, November 2, 1966
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Present: Dr. J. W. Hooper, Chairman, Dr. J. C. Knox, Dr. James Smith,
Dr. James Tidler, Attorney Bradford L. Tillery, Mrs. Dottie
Pr:i1nrose
Vdnutes of the October meeting were approved.
Fee for Home Health Service: After a thorough discussion of the Fee for
Service material, furnished by the State Board of Health and approved by the
AdVisory Council for the Nursing Department, Dr. Tidler made the motion that
we defer action until we find out the views of the state Medical Society on
this subject. Dr. Smith seconded the motion. During the discussion Dr. Knox
offered a substitute motion that after consulting the State Medical Society,
if they have approved the suggested procedures, the Board of Health will aho
approve. This substitute motion was seconded by Dr. Smith and carried with a
three to one vote. (Dr. Tidler voted no.)
Air Pollution Regulations: Proposed Air Pollution Regulations, copies of which
had been distributed to the Board Members, were discussed and amended. Dr.
Knox made the motion that we adopt the regulations as amended. Dr. Tidler
seconded the motion. Motion carried. (Copy attached to minutes). The suggested
Advisory Council will be discussed and appointed at a later date.
Air Pollution Conference in vlashington: A decisbn will be made at the next
Board Meeting as to who will attend this meeting on December 12-14, 1966.
Pick-up Truck for Insect & Rodent: Since only $1636.00 was approved in the
budget for a truck and the price of the four-wheel drive truck which the
Department wants to buy is $377.88 more than this, the Board was asked for
permission to use the difference in the estimated amount from the State Board
of Health and the actual amount received, which is more than enough to cover
this difference. Motion was made by Dr. Smith, seconded by Dr. Knox and
carried that this truck be purchased.
COpying l1achine: Permission was asked to transfer $192.25 from Contingent to
Equipment Fund for the purchase of a new copying machine. Since the actual
money involved _s $667.00 (over $500.00) the Board asked that we get unofficial
bids from other companies before making a decision. It was also suggested that
when we do purchase a machine that the vlarranty, etc. be given to us in writing.
There being no further business the meeting was adjourned.
Respectfully submitted,
Approved: December 9. 1966
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CONSOLIDATED BOARD OF HEALTH
New Hanover County and City of Wilmington
North Carolina
REGULATIONS GOVERNING AIR POLLUTION CONTROL
The following regulations for the protection of the public health are
hereby adopted pursuant to authority granted in G.S. 130-17 to "make
such rules and regulations, not inconsistent with law, as are necessary
to protect and advance the public health."
1. Purpose.
The purpose of these regulations is to promote and to encourage air
pollution control and to regulate and prohibit certain types of air
contAminAnts emission and to provide a means of sustaining an air
pollution control program in the county.
2. Definitions.
The following definitions shall apply in the interpretation and
enforcement of these regulations:
(a) "air pollution" means the presence in the outdoor atmosphere
of one or more air contaminants or any combination thereof,
in sufficient quantities and of such characteristics and
duration as is or is likely to be injurious to the public
health, including the health and well-beinp of human, plant
or animal life,
(b) "air contaminant" means any dust, fumes, gas, mist, smoke,
vapor, odor, or particulate matter or any combination thereof,
(c) "Board" means Consolidated Board of Health,
(d) "person" means any individual, partnership, firm, public or
private corporation, association, subdivision or agency of
the State, or any other legal entity.
(e) "Ringelmann Chart" "'cans the chart published and described in
the U. S. Bureau of Mines Information Circular 7718, and on
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which are illustrated graduated shades of grey to black for
use in estimating the light obscuring capacity of smoke.
(f) "smoke" means small gas and air-borne particles consisting
essentially of carbonaceous material in sufficient number to
be observable,
(g) "open burning" means any fire from which the products of com-
bustion are emitted directly into the outdoor atmosphere without
passing through a stack or chimney.
(h) the term Health Director shall meen and include the Health
Director or his authorized agent.
3. Air Pollution Advisorv Committee.
For the purpose of considering amendments to these regulations,
enforcement of the provisions of these regulations and establishing
air contaminant emission standards in these regulations, the Consolidated
Board of Health shall act as the Air Pollution Advisory COID~ittee.
4. General Provisions.
In an effort to promote and to encourage air pollution control in
New Hanover County, the Health Director is authorized to employ but is
not limited to the following program procedures.
(a) Investigate ,omp1aints and issue such orders as may be necessary
to effectuate the purposes of these regulations and enforce them
by all appropriate administrative and judicial proceedings.
(b) Prepare and develop a comprehensive plan for the prevention,
&t~teu~nt. and control of air pollution and report periodically
to the Board on progress being made. Make recommendations to
the Board for revisions or additions to the regulations governinp
air pollution control.
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(c) Encourage voluntary cooperation by persons or affected groups
to achieve the purposes of these regulations.
(d) Conduct studies, investigations, and research relating to air
pollution and its prevention, atatement and control.
(e) Collect and disseminate information and conduct educational and
training programs relatinp to air pollution.
(f) Advise, consult, and cooperate with other local covernmental units
and officials, other local health departments, the State Board
of Health, and other State agencies, industries, and other interested
persons and groups.
5. Inspection.
The Health Director shall have authority to enter at reasonable times
and inspect any property or equipment, for the purpose of investirating a
known or suspected source of or contrib~ting factor to air pollution.
6. Registra~ion.
The Health Director shall maintain a Register of Sources throughout the
County that may result in or contribute to air pollution.
Persons enpaged in operations which may result in or contribute to air
pollution shall upon request of the Health Director supply information about
the pollution such as, but not limited to, location, size and hei~ht of
pollutant outlet and the rate, duration and composition of air contaminant
discharge.
7. Emissions Prohibited.
(a) No person shall discharge into the atmosphere from any single
source of emission whatsoever any smoke for a period or periods
aggregating more than four minutes in anyone hour which is as
dark or darker in shade as that designated as No. 2 on the
Ringelmann Chart.
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(b) No person shall discharge into the atmosphere from any sin~le source
of emission whatsoever any air contaminant for a period or periods
aggregating more than four minutes in anyone hour which is of
such opacity as to obscure on observer's view to a degree equal
to or greater than does smoke as dark or darker in shade as that
designated as No. 2 on the Ringelmann Chart.
(c) No person shall cause or allow any open burniuF except with the
specific approval of the Health Director, or except within certain
zones and under such conditions as established by the Board which
in the opinion of the Board will not create a hazard to the public
health.
(d) Nothing in paragraphs (a), (b), and (c), of this section shall
prohibit any of the following:
(1) Open burning for non-governmental, non-commercial or non-
industrial purposes in areas not served by governmental
refuse collection services.
(2) Fireworks display as pemitted by law.
(3) Non-commercial cooking fires and fireplaces.
(4) Activities of organized fire departments.
(e) No person shall cause or allow the emission of air contaminants
froM any source in such quantities and of such characteristics and
duration so as to endanger the public health or create a nuisance.
8. Enforcement.
(a) It shall be the duty of the Health Director to notify in writing
the person responsible for any prohibited emission and to state
the character of the prohibited emission. The person so notified
shall promptly proceed to abate or control such emission.
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(b) Any person so notified or any person aggrieved by any action of
the Health Director under these repulations may, within ten
(10) days from such notification or grievance, appeal in writinp
from the decision or action of the Health Director to the Board.
Upon receipt of notification of such appeal, the Board shall grant
a hearin~ within ten (10) days. Upon hearinp of the matter, the
Board may reverse, affirm, or modify the decision or action of
the Health Director and the person affected shall promptly
proceed to comply.
9. Penalties.
(a) Any person who violates any regulations adopted by a local board
of health or who wilfully does any act prohibited by such repulations
shall be puilty of a misdemeanor and punishable by a fine not to
exceed fifty dollars or imprisonment not to exceed thirty days, as
provided by G. S. 130-203.
(b) The Health Director may bring a proceeding in the Superior Court
of the county in which the violation of this ordinance exists for
its abatement and the Superior Court may upon hearinf and for food
cause shown enjoin the continuance of the condition violating this
ordinance, irrespective of all other remedies at law.
10. Severability.
If any provision or clause of these repulations shall be declared invalid,
such declaration shall not invfllidate any other provision or clause of these
regulations.
11. Effective Date.
These regulations shall be effective February 1, 1967.
Adopted by the Consolidated Board of Health on November 2, 1966.
11/8/66
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