(a) Permit Required; Application. No person shall construct, install, reconstruct or alter any process, fuel-burning or refuse-burning equipment or control equipment pertaining thereto, which may be a source of air contaminant, for use within the City without first obtaining an installation permit therefor from the Commissioner of Air Pollution Control, except as provided in subsection (b) hereof. An application, including not less than two sets of properly prepared plans and specifications of such equipment and the structures or buildings used in connection therewith shall be filed by such person or his agent in the office of the Commissioner. Such plans and specifications shall include the following:
(1) The form and dimensions of such equipment, together with a description and the dimensions of the building or part thereof in which such equipment is to be located, including the means provided for admitting the air for combustion processes;
(2) The character and composition of the fuel to be used;
(3) The maximum quantity of fuel to be burned per hour;
(4) The kind and amount of raw materials processed;
(5) The expected air contaminant emission rate;
(6) The operating requirements;
(7) The use to be made of such equipment;
(8) The concentration, gas volume and gas temperature of the contaminant at the emission point;
(9) The physical characteristics of the particulates emitted;
(10) The location and elevation of the emission point relative to nearby structures and window openings;
(11) A flow diagram showing the equipment, its relationship to other processes, if any, and a general description of such processes; and
(12) Any other reasonable and pertinent information that may be required by the Commissioner.
The Commissioner shall issue a permit only if he determines from the plans and specifications submitted that the proposed installation will not create a condition of air pollution. Failure to comply with any request for information made by the Commissioner shall be cause for rejection of the application.
(b) Emergency Repairs. An emergency repair may be made prior to application for an installation permit if severe air pollution may result if the repair is deferred. When such repair is made, the person involved shall so notify the Commissioner on the first business day after the emergency and shall file an application for an installation permit if so directed by the Commissioner.
(c) Issuance of Permit. An application shall be acted upon within thirty calendar days after it has been filed in the office of the Commissioner. Approval of the application may, at the discretion of the Commissioner, include a condition requiring that emission tests be made upon completion of the installation for which the permit is issued to establish compliance with the emission limitations of this Air Pollution Code. The Commissioner shall notify the applicant, in writing, of the approval or reasons for rejection of the application. Upon approval of the application and upon the payment of the prescribed fees, the Commissioner shall issue a permit for the construction, reconstruction, installation or alteration of such process, fuel-burning, refuse- burning or control equipment.
(d) Certificate of Compliance. If the plans, specifications and information submitted to the Commissioner pursuant to subsection (a) hereof reveal a proposal to construct, install, reconstruct or alter any process, fuel-burning, refuse-burning or control equipment of complex design, involving technological ingenuity or advances of considerable magnitude, the Commissioner may, at his option and in lieu of issuing an installation permit, require the applicant to file with the Commissioner a statement certifying that the proposed equipment or installation will comply with all of the applicable provisions and limitations set forth in this Air Pollution Code. Upon the filing of such certificate of compliance, the applicant may proceed with the proposed installation, subject, however, to the provisions of this Air Pollution Code.
(e) Applicability of Permits. No construction, installation, reconstruction or alteration shall be made which is not in accordance with the plans, specifications and other pertinent information for which the installation permit was issued without the written approval therefor of the Commissioner.
(f) Permit Violation. A violation of the conditions of installation permit shall be sufficient cause for the Commissioner to stop all work in connection therewith. The Commissioner is hereby authorized to seal such installation without notice. No further work shall be done until the Commissioner is assured that the condition involved will be corrected and that the work will proceed in accordance with the conditions of the installation permit.
(g) Time Limits. If construction, reconstruction, installation or alteration is not begun within six months or completed within one year from the date of the issuance of the installation permit, such permit shall automatically become void and all fees paid shall be forfeited, unless an extension of time is granted by the Commissioner.
(h) Registration of Contractors Required. No permit required by the provisions of this Air Pollution Code shall be issued for work to be undertaken by contract except to a registered contractor, as provided in Chapter 1442.
(I) Secret Processes. Any records or other information furnished to the Division of Air Pollution Control concerning one or more air contaminant sources, which records or information, as certified by the Commissioner, relate to any processes or production unique to their owner or operator or tend to affect the competitive position of such owner or operator, shall be only for the confidential use of the Division in the administration of this Air Pollution Code, unless such owner or operator expressly agrees to their publication or availability to the general public or unless the disclosure of such information is required for the prosecution of a violation of this Air Pollution Code. Nothing contained herein shall be construed to prevent the use of such records or information by the Division in compiling or publishing analyses or summaries relating to the general condition of the ambient atmosphere, provided that such analyses or summaries do not identify any owner or operator or reveal any information which would be considered confidential under this section.
(Ord. 53-70. Passed 5-25-70.)