§ 10.02  AIR POLLUTION CONTROL REGULATIONS.
   (a)   Minnesota Statutes.
      (1)   Pursuant to M.S. § 471.62, as it may be amended from time to time, the Air Pollution Control Regulations and Ambient Air Quality Standards 1-17, inclusive, of the Minnesota Pollution Control Agency (M.S. § 116.07, as it may be amended from time to time, filed with the Commissioner of Administration of the state as of January 21, 1973), are hereby adopted by reference, except insofar as said regulations and standards are modified by or inconsistent with other provisions of this section.
      (2)   The City Clerk shall mark and keep on file in the office of the City Clerk one copy of said regulations for use and examination by the public and shall furnish a copy of this Article I and said regulations at cost to any person upon request.
   (b)   Definitions. The following words and terms, when used in this Article I, shall have the following meanings, unless the context clearly indicates otherwise.
      AIR POLLUTION CONTROL DEVICE. Any article, machine, apparatus, equipment or contrivance used or installed to reduce the amount of contaminants expelled into the ambient air. Such devices shall include, but not be limited to, the following:
         (A)   Incinerators;
         (B)   Settling chambers;
         (C)   Cyclones;
         (D)   Liquid scrubbers;
         (E)   Electrostatic precipitators;
         (F)   Fabric collectors;
         (G)   Condensors;
         (H)   Absorption cleaning devices;
         (I)   Adsorption cleaning devices; and
         (J)   Filter devices.
      DIRECTOR. The Director of Environmental Services for the city.
   (c)   Installation and operation of devices.
      (1)   Permit required.
         (A)   An operational permit must be obtained from the Environmental Health Division of the city for each air pollution control device, and no air pollution control device may be operated until an operational permit has been obtained. Each permit shall be valid for a period of one year.
         (B)   No operational permit shall be issued or renewed for any pollution control device until the Director or his or her agent has evaluated and approved the performance of said device according to the standards incorporated herein.
         (C)   If an operational permit is not obtained or renewed in accordance with the above provisions, the operation of the device must be terminated until a permit is secured.
         (D)   A nonrefundable fee shall be paid to the city by the applicant at the time of filing an application for a permit. The fee shall be as detailed in § 14.03 of this code.
      (2)   Reasonable access. All permit holders shall allow the Director or any of his or her agents reasonable access to the premises on which the pollution control device is located for purposes of enforcing this Article I.
      (3)   Suspension of permit. Upon determination that a violation of any provision of this Article I has occurred or is occurring, the Director or his or her agents may suspend the operational permit until the violation has been corrected.
   (d)   Unapproved air pollution control devices.
      (1)   Incinerators.
         (A)   Sealing of interior and exterior incinerators.
            (i)   Within a reasonable time, not to exceed seven days from the time that any incinerator ceases to be approved by the Director or his or her agent, said incinerator shall be sealed by the owner thereof according to the provisions of subsection (d)(1)(B) below.
            (ii)   The Director shall have the authority to establish reasonable and specific standards of efficacy for sealments. Each sealment shall meet these standards as promulgated.
            (iii)   Compliance with the provisions of this subsection (d)(1) shall not relieve the owner of the incinerator from compliance with subsection (d)(2) below.
         (B)   Removal of exterior incinerators. Within a reasonable time, not to exceed 60 days from the time that an incinerator exterior to the building ceases to be approved by the Director or his or her agent, said incinerator shall be removed and disposed of by the owner in a manner approved by the Director or his or her agent.
         (C)   Existing unapproved incinerators. The owners of those incinerators which exist and which are unapproved on the effective date of this section shall be treated in the following manner.
            (i)   The owner of such incinerator shall have seven days from the effective date of this section to comply with the sealing requirements of subsection (d)(1) above.
            (ii)   The owner of such exterior incinerator shall have 60 days from the effective date of this section to comply with the removal and disposal requirements of subsection (d)(2) above.
         (D)   Violation and penalty. A separate violation of subsections (d)(1), (d)(2) and (d)(3) above shall accrue for each week during which the terms of those subsections are not met. In addition to any other remedy provided herein, violation of any of the provisions of this Article I is hereby made a misdemeanor.
(1958 Code, § 115.02)  (Ord. 70-10, passed 3-16-1970; Ord. 71-40, passed 6-14-1971; Ord. 74-4, passed 1-21-1974; Ord. 74-73, passed 9-23-1974; Ord. 90-53, passed 12-10-1990; Ord. 99-5, passed 3-15-1999; Ord. 2011-16, passed 8-1-2011)