1331.08 DETERMINATION OF VIOLATION.
    (a)    Qualification of Environmental Control Officer. The Environmental Control Officer shall be a professional engineer or other qualified professional with knowledge and training in the field of environmental engineering.
   (b)   Test Procedure; Smoke. Optical density measurements shall be used for measuring the degree of smoke density. The Ringleman scale shall be used as the reference for all values. A recording smokescope is considered valid evidence if the equipment is properly standardized immediately prior to and following the test period.
   (c)   Authorization of Testing. When the Environmental Control Officer has cause to believe that an emission from fuel-burning equipment (or any other device) violates Section 1331.05 he shall notify the owner of the equipment and set a time for a hearing, which hearing shall be set not less than ten nor more than twenty days from the time of notification.
   Following the hearing, the Environmental Control Officer may further require the owner to make or cause to be made such tests as may be necessary to determine if the device is operating within the limits of Section 1331.05.
   (d)   Test Procedures. The Environmental Control Officer and owner shall have an opportunity to witness the tests and the results of the same shall be made available to both parties. All test procedures shall be made and computed in accordance with the A.S.M.E. PTC-21-1941 or in accordance with procedures mutually agreed upon by the owner and the Environmental Control Officer. All tests shall be made under the direction of a professional engineer registered in the State.
   (e)   Cost of Tests. If the results of the tests indicate that the device is operating within the limits of this chapter, all costs shall be borne by the Municipality and the owner, shall not be required to have further tests run for a period of eighteen months provided no material changes in equipment or processing have been effected. If the test results indicate a violation, all costs shall be borne by the owner. This shall be cause for the device to be sealed by the Environmental Control Officer. Such seal shall remain in effect until the owner produces satisfactory evidence that the necessary corrective measures have been taken.
(Ord. 1968-740. Passed 10-1-68.)