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Every applicant for an air pollution control permit shall pay a permit fee of $150.00 per piece of a regulated equipment or area permitted, except that if the regulated equipment or area is installed pursuant to a building permit issued under Chapter 13-32 of this Code and the required permit fees are paid in accordance with sections 13-32-302 and 13-32-310 of this Code, no additional fee is required to obtain an air pollution control permit.
(Added Coun. J. 10-7-09, p. 73413, § 1)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-650, which pertained to remedies.
(a) Certificate of operation required. No person shall cause or allow the operation of any regulated equipment or area requiring an air pollution control permit under Section 11-4-620 of this Code, or a Stage II vapor recovery system, without a valid certificate of operation issued by the commissioner. An application for a certificate of operation shall be made to the department in a form prescribed by the commissioner.
(b) Scope of certificate of operation. A single certificate of operation shall be issued for a facility, which may encompass regulated equipment or areas requiring more than one air pollution control permit.
(c) Posting. Certificates of operation shall be posted in a conspicuous place at the facility for which they are issued.
(d) Duration and renewal. A certificate of operation shall be valid for one year from the date of issuance unless a shorter period is specified by the commissioner, subject to annual renewal as set forth in Section 11-4-690.
(e) Exceptions. A certificate of operation shall not be required from the department for facilities operating only the following equipment:
(1) Emergency or standby generators;
(2) Boilers or furnaces; or
(3) Other equipment exempted by the commissioner in accordance with rules and regulations promulgated pursuant to this article.
(Added Coun. J. 10-7-09, p. 73413, § 1)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-660, which pertained to required compliance and instruction.
(a) The commissioner shall not issue or renew a certificate of operation unless the applicant has certified that it is in compliance with all of the following standards. The applicant must
(1) operate in a manner that is not detrimental to public health or safety, or to the environment;
(2) comply with all substantive standards set forth in Part C of this article or any regulation promulgated pursuant to this article;
(3) hold an air pollution control permit for all regulated equipment or areas in the facility for which a certificate of operation is sought, and comply with all terms of all air pollution control permits; and
(4) keep all regulated equipment or areas in good repair and free from operational defects.
(b) The commissioner shall have authority to impose conditions necessary to achieve the purposes of this article upon any certificate of operation issued pursuant to this section. Violation of any certificate of operation condition shall be considered to be a violation of this section.
(c) Any person whose application for a certificate of operation is denied, or upon whom certificate of operation conditions are imposed pursuant to paragraph (b) of this section, may appeal to the commissioner for a hearing on the denial or conditions by submitting a written request for a hearing within 15 days of the date of the letter denying the certificate application or imposing the conditions. The commissioner, or the commissioner's designee, shall commence the hearing within 30 days of receiving a hearing request, unless a later date is scheduled with the mutual consent of the parties. Failure to timely request a hearing in accordance with this paragraph shall constitute a waiver of the opportunity for a hearing.
(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. 9-1-99, p. 10096, § 1, repealed former § 11-4-670, which pertained to demolition safeguards for dust and asbestos.
Every applicant for a certificate of operation shall pay a fee based on the potential or actual emissions of the facility for which the certificate of operation is sought. Facilities are categorized and fees shall be levied as follows:
Category | Emissions | Fee |
A1 | Facility whose potential and actual emissions are 100 tons or more per year. | $1,250.00 |
A2 | Facility with potential to emit more than 100 tons per year, but whose actual emissions are less than 100 tons per year. | $750.00 |
B | Facility whose potential and actual emissions are more than 10 tons per year but less than 100 tons per year. | $250.00 |
C | Facility whose potential and actual emissions are 10 tons or less per year, or Stage II vapor recovery system. | $50.00 |
(Added Coun. J. 10-7-09, p. 73413, § 1)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-680, which prohibited the spraying of asbestos.
Every owner or operator of a facility with a certificate of operation issued in accordance with section 11-4-660 of this Code must certify annually to the commissioner that the facility continues to meet the standards for issuance of a certificate of operation, beginning one year from the date that the certificate was issued. The self-certification must be submitted in an appropriate form as prescribed by the commissioner prior to the expiration of the certificate of operation. Such self-certification shall include a sworn statement by the owner or operator of the subject facility either (1) stating that in the previous year, no repairs or modifications occurred that in any way affected the quantity or nature of air contaminants emitted or potentially emitted from the facility, and no changes were made at or to the subject facility that altered the information provided as part of its air pollution control permit application; or (2) describing any such changes in detail and stating any effect on emissions from the facility. Timely submission of the annual self-certification shall constitute renewal of the certificate of operation for an additional period of one year. Every owner or operator shall include the certificate of operation fee designated in section 11-4-680 along with the annual self-certification.
(Added Coun. J. 10-7-09, p. 73413, § 1)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-690, which pertained to specific opacity limitations.
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