The Department shall:
(A) Administer and enforce the provisions of the Air Quality Control Act, §§ 9-5-1-1 et seq. and any regulations adopted pursuant thereto and any other laws relating to Air Pollution applicable within the city and the county. The staff for the Board shall be provided by the city. The Department shall perform, within the boundaries of the county, all functions delegated to the New Mexico Environment Department under the Act, except for the duties and powers reserved exclusively for the Environment Department.
(B) Develop facts and make investigations and studies consistent with the Air Quality Control Act and §§ 9-5-1-1 et seq., and in connection therewith, enter at all reasonable times in or upon any private or public property, except private residences, that the Department has reasonable cause to believe is or will become a source of air contaminants contributing to air pollution and require the production of information relating to emissions that cause or contribute to air pollution. The results of any such investigations shall be reduced to writing if any enforcement action is contemplated, and a copy thereof shall be furnished to the owner or occupant of the premises before the action is filed.
(C) Institute legal proceedings to compel compliance with the Air Quality Control Act, §§ 9-5-1-1 et seq., or any regulation of the Board.
(D) Encourage and make every reasonable effort to obtain voluntary cooperation by the owner or occupants to preserve, restore or improve air purity.
(E) Consult with any person proposing to construct, install or otherwise acquire an air contaminant source, device, system or control mechanism concerning the efficiency of the device, system, or mechanism or the air pollution problem that may be related to the source, device, system or mechanism, provided that consultation shall not relieve any Person from compliance with the Air Quality Control Act, §§ 9-5-1-1 et seq., regulations in force, pursuant thereto, or any other provision of law.
(F) Establish a small business stationary source technical and environmental compliance assistance program, consistent with the provisions of Section 507 of the Federal Act.
(G) Accept, receive and administer grants or other funds or gifts from public and private agencies, including the federal government or from any person.
(H) Classify and record air contaminant sources that in its judgment, may cause or contribute to air pollution, according to levels and types of emissions and other characteristics that relate to air pollution, provided that classifications may be for application to the county as a whole or to any designated area of the city or county, and shall be made with special reference to the effects on health, economic and social factors and physical effects on property.
(I) Develop and present to the Board a Plan for the regulation, control, prevention or abatement of air pollution, recognizing the differences, needs, requirements and conditions in the different portions of the geographical area of the Department's responsibility as established by §§ 9-5-1-1 et seq.
('74 Code, § 6-16-5) (Ord. 65-1993)