(a) Initial Certificates of Operation; Inspections Required. No person shall operate or cause to be operated any process, fuel-burning, refuse-burning or control equipment, or any equipment pertaining thereto, for which an installation permit is required under this Air Pollution Code until an inspection has been made by the Commissioner of Air Pollution Control or his representative. The person responsible for the installation, construction, reconstruction or alteration of such equipment shall notify the Commissioner when the work is completed and ready for final inspection. After the installation permit has been issued and it has been demonstrated to the satisfaction of the Commissioner that the process, fuel-burning, refuse-burning or control equipment can be operated in compliance with this Air Pollution Code, the Commissioner shall issue an initial certificate of operation; however, the Commissioner may require emission tests before issuing such initial certificate of operation. The certificate of operation shall be kept posted on or near the installation for which it was issued.
No equipment shall be operated for any other purpose or in any other manner than that for which the installation permit was approved and for which a certificate of operation has been issued, unless otherwise authorized in writing by the Commissioner.
The issuance of a certificate of operation shall not provide a guarantee of immunity from prosecution or other legal action for any violation occurring during the period covered by the certificate. Failure to operate under test conditions within the limitations of this Air Pollution Code shall constitute sufficient grounds for ordering changes in the process, fuel-burning, refuse- burning or control equipment or appurtenances thereto before issuance of the initial certificate of operation. When the Commissioner refuses to issue a certificate of operation, he is hereby authorized to seal the process, fuel-burning, refuse-burning or control equipment until the person required to obtain the certificate of operation has complied with the provisions of this Air Pollution Code.
The Commissioner may, by rule or regulation, require periodic inspections of designated classes of equipment. No period of time between inspections shall exceed two years.
(b) Additional Regulations; Violations. The Commissioner shall:
(1) Require renewal of the certificate of operation on all installations for which an installation permit was obtained;
(2) Require application for a certificate, of operation on any equipment which existed prior to the adoption of this Air Pollution Code (Ordinance 53-70, passed May 25, 1970) and for which no certificate of operation has been issued; and
(3) Deny or revoke the certificate of operation:
A. Where no air pollution control equipment or modification, if required, has been installed to permit operation in conformity with the provisions of this Air Pollution Code;
B. Where equipment is of such condition or so installed that it cannot be or is not being operated in conformity with the provisions of this Air Pollution Code;
C. Upon the failure or refusal of the person responsible to submit information required by this Air Pollution Code; or
D. Upon the failure or refusal of the person responsible to comply with an abatement order issued under the provisions of Section 1462.09.
The Commissioner shall send notice, in writing, to any person violating subparagraphs (b)(1) and (3)B. and C. hereof, unless such person is excepted pursuant to Section 1462.09, demanding compliance within the time limit set forth therein or within an extension granted by the Commissioner prior to the revocation of the existing certificate.
Denial or revocation of a certificate of operation shall not be deemed to prevent, prosecution for a violation of any of the provisions of this Air Pollution Code.
(c) Prima-Facie Evidence of Unlawful Emission. In any hearing in the Medina Municipal Court or in any court of competent jurisdiction, proof of operation without a valid certificate of operation, together with testimony as to ownership or responsibility from the records of the Division of Air Pollution Control, shall be prima-facie evidence of unlawful emissions and of the operation of the equipment involved in violation of the provisions of this Air Pollution Code.
(Ord. 53-70. Passed 5-25-70.)