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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 J. 10-7-09, p. 73413, § 1, repealed former § 11-4-680, which prohibited the spraying of asbestos.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 J. 10-7-09, p. 73413, § 1, repealed former § 11-4-690, which pertained to specific opacity limitations.
Part C. Substantive Standards (11-4-700 et seq.)
(a) No person shall cause or allow the emission of smoke or other particulate matter from an emission unit on a stationary emission source within the city with an opacity greater than 30 percent into the atmosphere unless otherwise permitted by a permit issued under Title V of the Clean Air Act, a Federally Enforceable State Operating Permit (FESOP), or applicable state law. This subsection (a) shall not apply to stationary emission sources subject to the visible emissions limitations set forth in the Illinois Pollution Control Board Rules and Regulations, codified at Section 212.122 of 35 Illinois Administrative Code, as amended.
(b) Except to the extent permitted by an operating permit issued under Title V of the Clean Air Act, a FESOP, or applicable state law, the emission of smoke or other particulate matter from any such emission unit in the city may have an opacity greater than 30 percent but not greater than 60 percent for a period or periods aggregating 8 minutes in any 60 minute period provided that such opaque emissions permitted during any 60 minute period shall occur from only one such emission unit located within a 305 meter (1,000 ft) radius from the center point of any other such emission unit owned or operated by such person, and provided further that such opaque emissions permitted from each such emission unit shall be limited to 3 times in any 24 hour period. This subsection (b) shall not apply to stationary emission sources subject to the visible emissions limitations set forth in Illinois Pollution Control Board Rules and Regulations, Codified at Section 212.122 of 35 Illinois Administrative Code, as amended.
(c) It shall constitute a violation of this section for a stationary emission source to emit any matter in excess of limitations set forth in a permit issued under Title V of the Clean Air Act, a FESOP, or applicable state law.
(d) This section shall not apply to emissions (i) during times of startup, malfunction, breakdown, or equipment maintenance; or (ii) to emissions of water or water vapor from an emission unit.
(Added Coun. J. 10-7-09, p. 73413, § 1)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-700, which pertained to carbon monoxide emissions.
No person shall cause or allow nitrogen oxide emissions from any source to exceed the limitations set forth by regulations promulgated by the State of Illinois Pollution Control Board, codified at Part 217 of 35 Illinois Administrative Code, as amended, which regulations are adopted and incorporated by reference and made a part of this section as if fully set forth herein.
(Added Coun. J. 10-7-09, p. 73413, § 1)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-710, which also pertained to nitrogen oxide emissions.
(a) No person shall cause or allow the discharge or emission of lead from any facility: (i) so as to prevent the attainment or maintenance of the national primary ambient air quality standard for lead and its compounds, codified in Title 40, Section 50.16 of the Code of Federal Regulations (C.F.R.), as amended; or (ii) so as to cause or tend to cause air pollution, provided, however, that for purposes of this subsection (ii), lead emissions in compliance with a facility's state or federal air permit shall not constitute air pollution; or (iii) so as to prevent the attainment or maintenance of any applicable ambient air quality standard in violation of Title 35, Section 201.141 of the Illinois Administrative Code (I.A.C.), as amended, 40 C.F.R. Section 50.16, and any subsequent amendments to the national primary ambient air quality standard for lead and its compounds which are adopted and incorporated by reference and made part of this section as if fully set forth herein.
(b) For purposes of this section, nonattainment of the applicable ambient air quality standard for lead shall be determined using: data collected from a monitor operated by a federal, state, or local governmental entity; and, the calculation, sampling and analysis methods specified or referred to in 40 C.F.R. Part 50, Appendix R, as amended.
(c) Any person who owns or operates a facility subject to the toxic release inventory (T.R.I.) reporting requirements as codified in 40 C.F.R. Part 372, as amended, and reported total lead air emissions greater than or equal to one hundred pounds in a T.R.I. report in any of the five years preceding the current calendar year shall submit quarterly reports to the department, in the form prescribed by the commissioner, of the facility's estimated lead emissions during each quarter of the year. The report for the first quarter of each calendar year (January through March) is due on or before October 15th of the same calendar year; the report for the second quarter (April through June) is due on or before January 15th of the following calendar year; the report for the third quarter (July through September) is due on or before April 15th of the following calendar year; and, the report for the fourth quarter (October through December) is due on or before July 15th of the following calendar year. If the due date under this subsection falls on a Saturday, Sunday, or designated City of Chicago holiday, then the due date will be the first business day immediately following the Saturday, Sunday, or designated City of Chicago holiday. At a minimum, each quarterly report must contain the same information regarding the facility's estimated lead emissions as is required under 40 C.F.R. Section 372.85, as amended, except that the emission estimates will be on a quarterly basis. The person shall estimate its quarterly lead emissions using the same methodology that it uses for its annual T.R.I. report.
(Added Coun. J. 7-28-11, p. 4950, § 1; Amend Coun. J. 11-8-12, p. 38872, § 197)
No person shall cause or allow emissions from any source to exceed the limitations set forth by regulations promulgated by the State of Illinois Pollution Control Board, codified in Part 212 of 35 Illinois Administrative Code, as amended, including regulations set forth to limit fugitive particulate emissions, which regulations are adopted and incorporated by reference and made a part of this section as if fully set forth herein.
(Added Coun. J. 10-7-09, p. 73413, § 1)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-720, which pertained to fugitive particulate emissions.
No person shall cause or allow the operation of any dry cleaning equipment that uses perchloroethylene in violation of Subparts A and M of Part 63 of Title 40 of the Code of Federal Regulations, as amended, and Section 22.57 of the Illinois Environmental Protection Act, codified at 415 ILCS 5/22.57, which regulations and statute are adopted and incorporated by reference and made a part of this section as if fully set forth herein.
(Added Coun. J. 7-29-15, p. 3594, § 1)
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