(A) Except as provided in subsections (B), (C), and (D) of this section, a person shall not cause or permit to be discharged into the outer air, from a process or process equipment, a visible emission of a density greater than the most stringent of the following:
(1) A 6-minute average of 20% opacity, except for 1 6-minute average per hour of not more than 27% opacity;
(2) A limit specified by an applicable federal new source performance standard;
(3) A limit specified as a condition of a permit to install or permit to operate.
(B) The provisions of this rule shall not apply to any process or process equipment for which fugitive visible emission limitations are specified by the State Department of Environmental Quality.
(C) The provisions of subsection (A) of this section shall not apply to visible emissions due to uncombined water vapor.
(D) Upon request of the owner of a process or process equipment for which an allowable particulate emission rate is established by the State Department of Environmental Quality, the Department may establish an alternate opacity. Such alternate opacity shall not be established by the City unless the City is reasonably convinced of all of the following:
(1) That the process or process equipment subject to the alternate opacity is in compliance or on a legally enforceable schedule of compliance with other rules of the State Department of Environmental Quality;
(2) That compliance with the provisions of subsection (A) of this section is not technically or economically reasonable;
(3) That reasonable measures to reduce opacity have been implemented or will be implemented in accordance with the schedule approved by the State Department of Environmental Quality.
(E) Any violation of this section shall constitute a misdemeanor, which is enforceable as provided by law. Each day that a violation exists or continues constitutes a separate and additional violation.
(1993 Code, § 26-74) (Ord. passed 12-9-2002; Ord. No. 2009-04, passed 6-22-2009)