11-4-620 Permitting of facilities, devices, or processes for control of air pollution.

   (a)   Air pollution control permit required.

      (1)   Except as otherwise provided in this article or in rules or regulations promulgated thereunder, no person shall install or operate in any way any regulated equipment or area without a valid air pollution control permit issued by the commissioner.

      (2)   No person shall replace or relocate any regulated equipment or area requiring an air pollution control permit without receiving a new air pollution control permit from the commissioner.

      (3)   No person shall repair or modify any regulated equipment or area requiring an air pollution control permit, if such repair or modification will increase the quantity or change the nature of air contaminants emitted from such regulated equipment or area, without receiving a new air pollution control permit from the commissioner.

   (b)   Posting. Air pollution control permits shall be posted in a conspicuous place at or near the regulated equipment or area for which they are issued.

   (c)   Exceptions. An air pollution control permit shall not be required for any of the following equipment or under the following circumstances:

      (1)   Residential heating plants;

      (2)   Indoor fireplaces that have received all necessary approvals from the department of buildings;

      (3)   Coin-operated laundry washers and dryers;

      (4)   Air conditioners and refrigerators;

      (5)   Gas-fired cooking equipment;

      (6)   Stage II vapor recovery systems;

      (7)   Bench-scale laboratory equipment used exclusively for chemical or physical analysis;

      (8)   Repair, replacement, modification or relocation specifically authorized or required under applicable federal or state law; provided, however, that in the case of such a repair or modification, the owner or operator shall notify the commissioner in writing at least seven days prior to commencing the repair or modification;

      (9)   Repair, replacement, modification or relocation necessitated by an emergency before permission can be obtained, if the commissioner subsequently determines that such action was taken based on a reasonable belief that an emergency had arisen, and that serious consequences would have resulted if the action was deferred; or

      (10)   Other equipment or circumstances exempted by the commissioner in accordance with rules and regulations promulgated pursuant to this article.

   (d)   Termination. Any air pollution control permit issued prior to the installation of any regulated equipment or area shall become void, and all fees paid for such permit shall be forfeited, if installation is not completed within one year from the date of issuance of the air pollution control permit, or any extended period allowed by the commissioner in writing.

   (e)   Permit application content. The owner of any regulated equipment or area requiring an air pollution control permit shall file an application in a form prescribed by the commissioner and provide all requested information.

   (f)   Other laws and regulations. The permitting requirements of this section do not in any way limit the authority of the commissioner to enforce any environmental laws or regulations otherwise applicable to a regulated equipment or area installed or operating in the city.

(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-620, which pertained to emission testing.