(A) The Board, in accordance with the Air Quality Control Act, shall prevent or abate Air Pollution within the city and county.
(B) The Board shall:
(1) Adopt, promulgate, publish, amend and repeal regulations consistent with the Air Quality Control Act and §§ 9-5-1-1 et seq. to attain and maintain national ambient air quality standards and prevent or abate air pollution, including regulations prescribing air standards, within the geographic area of the Board's jurisdiction, or any part thereof; and
(2) Adopt a plan for the regulation, control, prevention or abatement of Air Pollution, recognizing the differences, needs, requirements and conditions within the county or any part thereof.
(C) Regulations adopted by the Board may:
(1) Include regulations to protect visibility in Mandatory Class I Areas, to prevent significant deterioration of air quality and to achieve national ambient air quality standards in nonattainment areas, provided that such regulations:
(a) shall be no more stringent than but at least as stringent as required by the Federal Act and federal regulations pertaining to visibility protection in Mandatory Class I Areas, pertaining to prevention of significant deterioration and pertaining to nonattainment areas; and
(b) Shall be applicable only to sources subject to such regulation pursuant to the Federal Act;
(2) Prescribe standards of performance for Sources and Emission Standards for Hazardous Air Pollutants that, except as provided in division (3) below:
(a) Shall be no more stringent than but at least as stringent as required by federal standards of performance; and
(b) Shall be applicable only to sources subject to such federal standards of performance;
(3) Include regulations governing emissions from solid waste incinerators that shall be as least as stringent as, and may be more stringent than, any applicable federal emission limitations;
(4) Require notice to the Department of the intent to introduce or allow the introduction of an air contaminant into the air within the geographical area of the Board's jurisdiction; and
(5) Require any person emitting any air contaminant to:
(a) Install, use and maintain emission monitoring devices;
(b) Sample emissions in accordance with methods and at locations and intervals as may be prescribed by the Board;
(c) Establish and maintain records of the nature and amount of emissions;
(d) Submit reports regarding the nature and amounts of emissions and the performance of emission control devices; and
(e) Provide any other reasonable information relating to the emission of air contaminants.
(D) Any regulation adopted under this section shall be consistent with federal law, if any, relating to control of motor vehicle emission.
(E) In making its regulations, the Board shall give weight it deems appropriate to all facts and circumstances, including but not limited to:
(1) Character and degree of injury to or interference with health, welfare, visibility and property;
(2) The public interest, including the social and economic value of the Sources and subjects of air contaminants; and
(3) Technical practicability and economic reasonableness of reducing or eliminating air contaminants from the Sources involved and previous experience with equipment and methods available to control the air contaminants involved.
('74 Code, § 6-16-4) (Ord. 13-1975; Am. Ord. 45-1984; Am. Ord. 65-1993)