Performance standards

[Amended 5-12-2025 by Ord. No. 2025-2]

The following standards for the operation of uses in industrial districts (I, I-S and I-L) shall apply:

A. Noise:

(1) Noise shall be measured from any property line of the tract on which the manufacturing operation is located. At the specified points of measurement, the sound pressure level of noise radiated continuously from a manufacturing facility or activity (other than background noises not under direct control of the manufacturing use, such as vehicular traffic) shall not exceed the values given in the Table of Maximum Permissible Sound-Pressure Levels and the Table of Correction Factors - Sound Pressure Levels, octave bands of frequency, between the nighttime hours of 11:00 p.m. and 7:00 a.m.

(2) The instruments used for these measurements shall conform to the specifications published by the American Standards Association, Inc., New York, New York. The sound pressure level shall be measured with a sound level meter (American Standard Specifications for Sound Level Meters for Measurement of Noise and Other Sounds, S1.4-1961) and an octave band filter set, as indicated in the Table of Maximum Permissible Sound-Pressure Levels.

Table of Maximum Permissible Sound-Pressure Levels
Pre-1960 Octave Bands¹		Preferred Frequency Octave Bands²
Octave Band Frequency (cycles per second)	Decibels	Octave Band Center Frequency (cycles per second)	Decibels
0 to 75	72	31.5	76
75 to 150	67	63	71
150 to 300	59	125	65
300 to 600	52	250	57
600 to 1,200	40	500	50
1,200 to 2,400	40	1,000	45
2,400 to 4,800	34	2,000	39
Above 4,800	32	4,000	34

	NOTES: ¹ Pre-1960 Octave Bands. A standardized series of octave bands prescribed by the American Standards Association in Z24.10-1953, Octave Band Filter Set for the Analysis of Noise and Other Sounds.
	² Preferred Frequency Octave Bands. A standardized series of octave bands prescribed by the American Standards Association in S1.6-1960, Preferred Frequencies for Acoustical Measurements.

(3) If noise is not smooth and continuous and/or is not radiated between the hours of 11:00 p.m. and 7:00 a.m., one or more of the corrections in the Table of Correction Factors - Sound Pressure Levels shall be added to or subtracted from each of the decibel levels given previously in the Table of Maximum Permissible Sound-Pressure Levels.

	Table of Correction Factors - Sound Pressure Levels
	Type of Operation or Character Noise		Correction in Decibels
	Daytime operation 7:00 a.m. to 11:00 p.m.		plus 5
	Noise source operated less than 20% of any one-hour period		plus 5*
	Noise source operated less than 5% of any one-hour period		plus 10*
	Noise source operated less than 1% of any one-hour period		plus 15*
	Noise of impulsive character (hammering, and so forth)		minus 5
	Noise of periodic character (hum, screech, and so forth)		minus 5
	NOTE:
	* Apply one of these corrections only.

B. Vibration. Vibration shall be measured at the nearest property line. No vibration is permitted which is discernible to human sense of feeling for three minutes or more duration in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m., or 30 seconds or more duration in any one hour between the hours of 7:00 p.m. and 7:00 a.m. No vibration at any time shall produce an acceleration of more than 0.1 g or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting," on any structure. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this regulation.
C. Smoke and other forms of air pollution. Manufacturing operations shall conform to the Rhode Island Clean Air Act, R.I.G.L. § 23-23-1 et seq., as amended, and regulations promulgated thereunder, including, without limitations, the "Air Pollution Control Regulations" of the Rhode Island Department of Environmental Management, as amended.
D. Sewage and waste. Effluent from any manufacturing use which is discharged into the ground shall at all times comply with the "Rules and Regulations Pertaining to Disposal of Sanitary Sewage in Unsewered Areas" of the Rhode Island Department of Health, as amended. Manufacturing operations shall comply with the Rhode Island Hazardous Waste Management Act of 1978, R.I.G.L. § 23-19.1-1 et seq., the Hazardous Substance Community Right to Know Act, R.I.G.L. § 23-24.4-1 et seq., the Rhode Island Water Pollution Control Act, R.I.G.L. § 46-12-1 et seq., as such laws may be amended, and all regulations promulgated thereunder.
E. Heat and glare. Any manufacturing operation producing heat and/or glare (as differentiated from interior illumination) shall be shielded so that no heat or glare can be recorded at the property line. No lighting shall be used in such a manner that produces glare on public highways or neighboring property.
F. Radiation. Manufacturing operations shall cause no dangerous radiation at the property line as specified by the regulations of the United States Atomic Energy Commission.

G. Fly ash, dust, fumes, vapor, gases, and other forms of air pollution.

(1) No emission shall be permitted which can cause any damage to health, to animals or vegetation, or other forms of property or which can cause excessive soiling.
(2) In no event shall any emission be allowed of any liquid particles (other than water) in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air at any point. Measurement shall be taken at the point of emission.
(3) For measurement of particles in gases resulting from combustion, standard corrections shall be applied to correct to a stack temperature of 500º F. and to correct the assumption that 50% excess air is present at the time of measurement, which must be deducted from the measured volume (0% excess volume) before computing the grains per cubic foot to compare with the standards.

(4) Standards for individual gases and pollutants shall be as follows:

	Photochemical Oxidants: Emission of photochemical oxidants shall not exceed a maximum hourly concentration of 0.04 parts per million, as determined by the Alkaline Potassium Iodine method. ¹
	Hydrocarbons: The three-hour average concentration of hydrocarbons (with correction for methane) shall not exceed 0.15 parts per million, as determined by the Flame Ionization Technique.
	Carbon Monoxide: The eight-hour average concentration of carbon monoxide shall not exceed three parts per million, and the average concentration shall not exceed 20 parts per million in any ninety-minute period, as determined by continuous Nondispersive Infrared Analyzers.
	Sulfur Oxides: the twenty-four-hour average concentration of sulfur oxides shall not exceed 0.03 parts per million, and the maximum hourly concentration shall be 0.10 parts per million, as determined by the modified West-Gaeke Method. ²
	Nitrous Oxides: The annual average concentration of nitrous oxides shall not exceed 0.026 parts per million, as determined by the modified West-Gaeke Method. ³
	Particulate Matter: The twenty-four-hour average concentration of particulate matter shall not exceed 100 micrograms per cubic meter, as determined by the High Volume Air Sampling Method.

	NOTES:
	¹ All air sampling methods are those described in Air Quality Criteria, U.S. Department of Health, Education and Welfare, unless otherwise specified.
	² Scaringelli, S.A.; Saltzman, B.E., Frey, S.A.; 1967.
	³ Saltzman, B.E.

(5) If monitoring of the ambient air in the Town of Johnston shall determine pollution levels lower than those specified by this chapter, these lower levels shall be maintained. No significant degradation of air quality shall be permitted within the Town of Johnston.

H. Gases and fumes. Any gases or fumes emitted in such quantity or of such nature that they are or potentially may become odorous or toxic shall be collected and filtered, washed, absorbed, burned or otherwise treated in a manner approved by the Zoning Enforcement Officer before being discharged into the atmosphere.
I. (Reserved)
J. Covering of dirt mounds to prevent environmental and public health hazards.
- (1) Purpose and intent. This subsection is enacted to protect the public health, safety, and welfare of the residents of the Town of Johnston by minimizing dust; sediment runoff, and erosion caused by uncovered dirt mounds. These measures aim to preserve air and water quality, reduce nuisances, and ensure compliance with environmental regulations.
- (2) Definitions. For the purposes of this subsection, the following terms shall have the meanings indicated:
  DIRT MOUND — Any accumulation of soil, sand, gravel, or similar earthen materials exceeding 10 cubic yards or five feet in height.
  COVERING — A protective material, such as tarps, plastic sheeting, or other erosion control products, designed to prevent exposure to wind or precipitation.
  RESPONSIBLE PARTY — The property owner of where the dirt mound(s) is located.
- (3) Applicability. This subsection applies to all properties within the jurisdiction of the Town of Johnston where dirt mounds are created, stored, or maintained, including construction sites, landscaping projects, and excavation activities.
- (4) Covering requirements.
  - (a) A dirt mound(s) must he covered when:
    - [1] The mound(s) is in use but remains undisturbed for more than 24 hours; or
    - [2] The mound(s) are stored on a property.
  - (b) Acceptable covering methods include, but are not limited to:
    - [1] Secured tarpaulins or similar impermeable materials.
    - [2] Application of water or soil stabilizers to control dust temporarily.
    - [3] Erosion control blankets for long-term stabilization.
  - (c) Dirt mounds that cannot be covered due to active use must have dust suppression measures in place, such as:
    - [1] Routine water spraying.
    - [2] Installation of wind barriers.
    - [3] Use of chemical stabilizers in accordance with manufacturer instructions.
- (5) Exceptions. The following activities are exempt from the covering requirement:
  - (a) Dirt mounds used in ongoing construction activities that will be removed or redistributed within 24 hours.
  - (b) Agricultural activities regulated under separate statutes.
  - (c) Small-scale residential landscaping projects, provided the total mound volume does not exceed 10 cubic yards.
- (6) Enforcement and penalties.
  - (a) The Department of Planning and Public Services, also referred to as the Department of Public Works (DPW), is authorized to enforce this subsection and may conduct inspections to ensure compliance.
  - (b) Violations of this subsection are subject to the following penalties:
    - [1] A fine of $250 for the first offense.
    - [2] A fine of $500 for each subsequent offense.
    - [3] Suspension or revocation of permits for a business license, construction, or land disturbance activities.
- (7) Effective date. This subsection shall take effect immediately upon its adoption and publication as provided by law.
K. Compliance with applicable laws and regulations. The above list of industrial performance standards shall be in addition to, and not in lieu of, any other applicable federal and state laws and regulations with which an industrial use is bound to comply.