(Adopted 8/10/1971)

A. No person shall discharge into the atmosphere from any source, any air contaminant for a period or periods aggregating more than three (3) minutes in any one hour which is:
  1. As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart, as published by the United States Bureau of Mines, or
  2. Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subsection A.1. of this rule.
B. Exceptions
  1. The above provisions do not apply to:
    a. Smoke from fires permitted by any public officer in the performance of his official duty, and such fire is necessary:
      1) for prevention of a fire or health hazard which cannot reasonably be abated by any other means or
      2) for the instruction of public employees in fighting fire.
    b. Smoke from fires set pursuant to permit on industrial property for the purpose of instruction of employees in the methods of fighting fire.
    c. Smoke from open burning for which a permit has been issued by the Air Pollution Control Officer.
    d. Smoke from agricultural burning.
    e. Smoke from orchard heaters which do not produce unconsumed solid carbonaceous matter at a rate in excess of one (1) gram per minute.
    f. The use of other equipment in agricultural operations in growing of crops or raising of fowls or animals.
    g. Emissions which result from equipment breakdown. A responsible person shall initiate and complete appropriate action to correct the breakdown as soon as possible and reduce the frequency of occurrence of such condition. He shall report such breakdown to the Control Officer within 24 hours of such occurrence.
    h. Smoke or fumes which result from acts of God.
    i. Smoke emitted during switch-over from gas to liquid fuel such as required during periods of gas curtailment.
    j. Steam or wet plumes.
      1)  Where the presence of uncombined water is the only reason for the failure of an emission to meet the limitation of the Ringelmann Chart, that rule shall not apply. The burden of proof which establishes the application of the rule shall be upon the person seeking to come within its provisions.