(a) Methods. Emission tests shall be undertaken by generally recognized standards or methods of measurement. Methods found in the A.S.M.E. Test Code for Determining Dust Concentrations in Gas Stream PTC 27-1957 or the Los Angeles County Source Testing Manual or methods recommended by the National Air Pollution Control Administration shall be used. However, such methods may be modified or adjusted by the Commissioner of Air Pollution Control to suit specific sampling conditions or needs based upon good practice, judgment and experience. Updating of the standards and the modifications thereof shall be published in the rules and regulations of the Commissioner.
(b) Sampling and Testing.
(1) The Commissioner is hereby authorized to conduct or cause to be conducted any test of any new or existing process, fuel-burning, refuse-burning or control equipment when the operation thereof may, in his judgment, result in emissions in excess of the limitations contained in this Air Pollution Code or when the emissions therefrom may exceed the limits provided herein. All tests shall be conducted in a manner determined by the Commissioner and a complete detailed test report of each test shall be submitted to him. When tests are taken by the owner or by independent testers employed by the owner, the Commissioner shall require that such tests be conducted by reputable, qualified personnel and shall stipulate that a qualified representative or representatives of the Division of Air Pollution Control be present during the conduct thereof. The Commissioner may stipulate a reasonable time limit for the completion of tests and the submission of test reports.
(2) Nothing contained in this subsection concerning tests conducted and paid for by any person or his authorized agent shall be deemed to abridge the rights of the Commissioner or his representatives to conduct separate or additional tests of any process, fuel-burning, refuse-burning or control equipment on behalf of the City, whether or not such tests relate to emissions controlled by specific limitations under this Air Pollution Code.
(c) Test Facilities; Access.
(1) it shall be the responsibility of the owner or operator of the equipment tested to provide, at his own expense, utilities, facilities and reasonable and necessary openings in the system or stack, and safe and easy access thereto, to permit samples and measurements to be taken. The Commissioner may require the owner or operator of any new source of air contaminants created after the effective date of this Air Pollution Code (Ordinance 53-70, passed May 25, 1970) to provide utilities, facilities and adequate openings in the system or stack, and safe and easy access thereto, to permit measurements and samples to be taken.
(2) When any process, fuel-burning or refuse-burning equipment has caused an air pollution nuisance, as determined by the Commissioner, or has violated a provision of Sections 1462.08 or 1462.18 through 1462.20, the Commissioner may, at his discretion, require that such equipment be equipped with an air contaminant recording device with an audible alarm, set so as to become activated upon reaching prohibited levels of emission. Such device shall be maintained in proper operating conditions at all times and the records therefrom shall be available to the Commissioner for not less than one year.
(d) Test Costs. If an emission test conducted as a result of the action of the Commis sioner substantiates that a violation exists, then the person responsible for the violation shall be responsible for paying the cost of conducting such test. If the test show that no violation exists, then the City shall be responsible for paying the cost thereof. In no event, however, shall the City assume the cost of providing the facilities, utilities and access for the test. Any person electing to conduct his own stack emission tests shall pay the cost thereof, notwithstanding any other provision of this section and regardless of the results. The cost of any emission tests required by the Commissioner on any newly installed equipment for the issuance of the installation permit and the initial certificate of operation shall not be at the expense of the City, regardless of the results. Any test of existing sources relating to contaminants not specifically controlled by this Air Pollution Code shall be at the expense of the City, except for the facilities, utilities and access required herein.
(Ord. 53-70. Passed 5-25-70.)